WILLIAM STAHL v. THE TOWNSHIP OF MONTCLAIR

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-0

WILLIAM STAHL, IRENE GADON

STAHL, ROYLAN GADON, and

JOHN ERIC GADON, by their

Guardians ad Litem,

Plaintiffs-Appellants,

v.

THE TOWNSHIP OF MONTCLAIR,

ALAN TREMBULAK, KENNETH

STRAIT, JR., ROBERT MCLOUGHLIN

and PATRICK CIANCITTO,

Defendants-Respondents.

________________________________________________________________

November 7, 2013

Argued October 29, 2013 Decided

Before Judges Espinosa and O'Connor.

On appeal from Superior Court of New Jersey, Law Division, Essex County, Docket No. L-7034-09.

Craig V. O'Connor argued the cause for appellants (Craig V. O'Connor, attorney; William Stahl and Irene Stahl, on the pro se brief).

Jacqueline A. DeGregorio argued the cause for respondents (Weiner Lesniak LLP, attorneys; Ms. DeGregorio and James E. Hajel, on the brief).

PER CURIAM

One United States District Judge has described plaintiff's litigation conduct as "frivolous, and an egregious manipulation of both the New Jersey and federal judicial systems." We need not recite more facts and procedural history than the following.

Defendants timely filed a summary judgment motion. Plaintiffs elected to fail to submit substantive opposition pursuant to Rules 4:46-1, -2(b). Instead, on the day before the return date for the motion, they filed a Chapter 13 bankruptcy petition in an effort to seek a stay of defendants' defense to the proceeding plaintiffs had initiated and, on the return date of the motion, attempted to remove the same action they had filed to federal court. They now appeal from the order that granted summary judgment to defendants and the court's denial of other requests for relief they made. Plaintiffs' arguments lack sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(1)(E).