Cedar Wright Gardens v. Lodi Borough

14 N.J. Tax 182

• Court: New Jersey Superior Court Appellate Division
• Decided: March 31, 1994
• Status: Published

Opinion

PER CURIAM.

This is an appeal from a $500 sanction imposed by Judge Small of the Tax Court. Appellant presents these three points on his appeal:

POINT I — APPELLANT SHOULD BE GIVEN LESS THAN THE LEGAL

PERMISSIBLE SANCTION BY THE APPELLANT DIVISION ON APPEAL.

POINT II — INABILITY TO TRY A CASE ON A DATE MARKED PEREMPTORILY WHICH WAS NOT KNOWN TO THE ATTORNEY IS NOT CONTEMPT.

POINT III — PLAINTIFF’S COUNSEL WAS DENIED PROCEDURAL DUE

PROCESS BECAUSE THE ORDER TO SHOW CAUSE WAS NOT MADE

RETURNABLE BEFORE ANOTHER JUDGE.

We conclude that this sanction was in no sense imposed for contempt of the court. This sanction was imposed because counsel was not prepared to proceed to trial on a peremptory trial date. As a result, the case was dismissed. The $500 sanction was imposed as a condition for reinstatement of the matter on the trial list. As an aside, we observe that appellant was then able to negotiate a quite favorable disposition of the tax appeal on behalf of his client.

We repeat, this was not a contempt proceeding but simply an imposition of a sanction under R. 1:2-4. See State v. Audette, 201 N.J.Super. 410, 414, 493 A.2d 540 (App.Div.1985); see also R. 8:8— 5.

Affirmed.