STATE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, DIVISION OF FISH & WILDLIFE v. MARYBETH SURMONTE-BENNETT

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-4972-10T4

STATE OF NEW JERSEY,

DEPARTMENT OF ENVIRONMENTAL

PROTECTION, DIVISION OF

FISH & WILDLIFE,

Plaintiff-Respondent,

v.

MARYBETH SURMONTE-BENNETT,

Defendant-Appellant.

_________________________________

ArguedMarch 14, 2012 Decided March29, 2012

Before Judges Cuff and Waugh.

On appeal from the Superior Court of New Jersey, Law Division, Atlantic County, Municipal Appeal No. 0054-10.

Gina A. Calogero argued the cause for appellant (Law Offices of Gina A. Calogero, attorneys; C. Peter Burro, on the briefs).

James T. Hill, Jr., Deputy Attorney General, argued the cause for respondent (Jeffrey S. Chiesa, Attorney General, attorney; Lewis A. Scheindlin, Assistant Attorney General, of counsel; Mr. Hill, on the brief).

PER CURIAM

Defendant Marybeth Surmonte-Bennett appeals the judgment of the Law Division, following a trial de novo on the record from the municipal court of Little Egg Harbor Township, imposing civil fines pursuant to N.J.S.A. 23:2A-10(e) for (1) illegal possession of a regulated non-game species, a Great Horned Owl, without a permit, in violation of N.J.A.C. 7:25-4.2(a); (2) illegal possession of a regulated non-game species, a Cooper's Hawk, without a permit, in violation of N.J.A.C. 7:25-4.2(a); and (3) illegal liberation of a regulated non-game species, a Cooper's Hawk, without a permit, in violation of N.J.A.C. 7:25-4.2(b). The judge imposed a $2500 fine for each violation, to be paid at the rate of $150 per month, consecutive to payment of fines previously imposed in a similar civil enforcement action also arising out of Little Egg Harbor.1

Having carefully reviewed the arguments made by Surmonte-Bennett in light of the record on appeal, we find those arguments to be without merit and not warranting discussion in a written opinion. R. 2:11-3(e)(1)(E). Consequently, we affirm for the reasons stated by Judge Charles Middlesworth, Jr., in his comprehensive written decision of May 2, 2011.

1 N.J. Dep't of Envtl. Prot., Div. of Fish & Wildlife v. Bennett, No. A-2693-06 (App. Div. Dec. 4), certif. denied, 197 N.J. 258 (2008).