ELIZABETH BERNOSKIE v. ROBERT ZARINSKY

 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-1866-07T31866-07T3

ELIZABETH BERNOSKIE, Administratrix

ad Prosequentum as General

Administratrix of the Estate

of Charles Bernoskie, Deceased,

Plaintiff-Respondent,

v.

ROBERT ZARINSKY,

Defendant-Appellant.

______________________________________________________

 

Submitted December 2, 2008 - Decided

Before Judges Skillman and Grall.

On appeal from Superior Court of New Jersey, Law Division, Union County, Docket No.

L-1111-00.

Clifford N. Kuhn, Jr., attorney for appellant.

Javerbaum, Wurgaft, Hicks, Kahn, Wikstron & Sinins, attorneys for respondent (Rubin M. Sinins, on the brief).

PER CURIAM

Defendant appeals from the parts of an order entered on October 19, 2007, which denied his applications for interest for the period between February 10, 2006, when this court reversed the judgment in plaintiff's favor, see Bernoskie v. Zarinsky, 383 N.J. Super. 127 (App. Div.), certif. denied, 186 N.J. 607 (2006), and October 19, 2007, when the trial court entered an order for restitution of the money plaintiff had recovered from defendant, and for return of the counsel fees assessed against him for legal work performed on plaintiff's behalf in obtaining discovery of his assets. We reject defendant's arguments and affirm the October 19, 2007 order substantially for the reasons set forth in Judge Anzaldi's oral opinion.

Affirmed.

 

We note that defendant died within the last few weeks. See "Suspected Serial Killer Robert Zarinsky Dies in Prison," Star-Ledger, Nov. 30, 2008. However, defendant's death does not appear to moot this appeal because the money he sought to recover would be an asset of his estate.

For the background of the case preceding entry of the order that is the subject of this appeal, see Bernoskie v. Zarinsky, 394 N.J. Super. 421 (App. Div. 2007).

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A-1866-07T3

December 11, 2008