Preview
HUD-L-004540-15 01/04/2018 5:05:18 PM Pg 1 of 5 Trans ID: LCV201822050
1/4/17 Via eCourt and Fax
Hon. Joseph A. Turula, J.S.C.
Superior Court of New Jersey,
Law Division, Hudson County
583 Newark Avenue
Jersey City, New Jersey 07306
Re: Caballero v. Cablevision Systems Corp, et al
HUD L 4540-15
Dear Judge Turula:
As you know, I represent the plaintiff in the above-captioned manner. It is my
understanding that the Defendants filed a motion for reconsideration of the Court’s December
15, 2017 summary judgment order which will be decided tomorrow.
However, I am writing this letter to advise the Court that the Plaintiff is filing a Notice
of Motion with the Appellate Division for Leave to Appeal the Court’s December 15, 2017
Order. The Plaintiff’s Brief and Appendix are being finalized and will be completed and efiled
with the Appellate Division, the Law Division and Your Honor within the next few hours
followed by a hard copy of the Notice of Motion and Brief to Your Honor. I am attaching a
copy of Plaintiff’s Notice of Motion for Leave to Appeal to this letter. As indicated, the Motion
was not yet filed, and the plaintiff will serve a filed copy to Your Honor shortly.
The Plaintiff respectfully refers the Court to R. 2:9-1(a) which deprives the Court of
jurisdiction to decide any matter directly on appeal See, for ex.,Manalapan Realty L.P. v.
Township of Manalapan, 140 N.J. 366, 376 (1995). Additionally, Court possesses the inherent
HUD-L-004540-15 01/04/2018 5:05:18 PM Pg 2 of 5 Trans ID: LCV201822050
Page |2
power to sua sponte stay any proceeding relevant to the matter on appeal pending an appellate
decision.
Thank you for your consideration.
Respectfully,
s/ Jay J. Chatarpaul
JAY J. CHATARPAUL
JC/sd
cc: August W. Heckman, Esq.
HUD-L-004540-15 01/04/2018 5:05:18 PM Pg 3 of 5 Trans ID: LCV201822050
CHATARPAUL LAW FIRM, P.C.
Jay J. Chatarpaul, Esq.
NJ Bar No. 047821995
7912 River Road, Suite 1212
North Bergen, New Jersey 07047
(201) 222-0123
__________________________________
SUPERIOR COURT OF NEW
ADA CABALLERO, JERSEY: LAW DIVISION:
HUDSON COUNTY
Plaintiff Docket No. HUD L 4540-15
v. Civil Action
CABLEVISION SYSTEMS CORPORATION NOTICE OF MOTION FOR LEAVE
EARNEST R. PASTOR, Individually TO APPEAL INTERLOCUTORY
and as Human Resource Manager of ORDER GRANTING PARTIAL
Cablevision, and STEPHANY DALTON, SUMMARY JUDGMENT TO
Individually and as Human DEFENDANTS
Resource Manager of Cablevision.
On Appeal from Order of
Superior Court, Law
Defendant Division, Docket No. HUD L
4540-15
Sat Below: Hon.
Joseph A. Turula, J.S.C.
TO: August W. Heckman, Esq.
Morgan, Lewis & Bockius LLP
Attorneys for Defendants
502 Carnegie Center
Princeton, NJ 08540-6289
august.heckman@morganlewis.com
PLEASE TAKE NOTICE that the undersigned attorney for the
Plaintiff in the above captioned matter hereby moves before the
Superior Court of New Jersey, Appellate Division pursuant to
Rule 2:2-4 for an Order granting leave to appeal of the Order of
1
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the Honorable Joseph A. Turula, J.S.C, a Judge of the Superior
Court, Law Division, Hudson County, dated December 15, 2017
granting partial summary judgment to Defendants,
(1) Dismissing Plaintiff’s claim for punitive damages as to her
age discrimination claim,
(2) Dismissing Plaintiff’s aiding and abetting claim,
(3) Dismissing Plaintiff’s claim for disability discrimination,
(4) Dismissing Plaintiff’s intentional infliction of emotional
distress claim.
In support of this motion, Plaintiff shall rely on the
accompanying Brief and Appendix.
Dated: 1/4/18 CHATARPAUL LAW FIRM, P.C.
7912 River Road, Suite 1212
North Bergen, New Jersey 07047
(201) 222-0123
By: s/Jay Chatarpaul
JAY J. CHATARPAUL
Certification of Service
I hereby certify that on January 4, 2018, a copy of Plaintiff’s
Notice of Motion for Leave to Appeal, Brief and Appendix was
electronically filed with the Appellate Division and five hard
copies of each mailed to the Clerk of the Appellate Division,
and a copy served on the attorneys for Defendants.
I further certify that a copy of the Notice of Motion for Leave
to Appeal was electronically filed with the Law Division.
I further certify that a copy of Plaintiff’s Notice of Motion
for Leave to Appeal and Brief was electronically served upon the
2
HUD-L-004540-15 01/04/2018 5:05:18 PM Pg 5 of 5 Trans ID: LCV201822050
Motion Court, the Hon. Joseph A. Turula, J.S.C., followed by a
hard copy of each served by mail on January 4, 2018.
Dated: 1/4/18 By: s/Jay Chatarpaul
JAY J. CHATARPAUL
3
Preview
HUD-L-004540-15 01/04/2018 5:05:18 PM Pg 1 of 5 Trans ID: LCV201822050 1/4/17 Via eCourt and Fax Hon. Joseph A. Turula, J.S.C. Superior Court of New Jersey, Law Division, Hudson County 583 Newark Avenue Jersey City, New Jersey 07306 Re: Caballero v. Cablevision Systems Corp, et al HUD L 4540-15 Dear Judge Turula: As you know, I represent the plaintiff in the above-captioned manner. It is my understanding that the Defendants filed a motion for reconsideration of the Court’s December 15, 2017 summary judgment order which will be decided tomorrow. However, I am writing this letter to advise the Court that the Plaintiff is filing a Notice of Motion with the Appellate Division for Leave to Appeal the Court’s December 15, 2017 Order. The Plaintiff’s Brief and Appendix are being finalized and will be completed and efiled with the Appellate Division, the Law Division and Your Honor within the next few hours followed by a hard copy of the Notice of Motion and Brief to Your Honor. I am attaching a copy of Plaintiff’s Notice of Motion for Leave to Appeal to this letter. As indicated, the Motion was not yet filed, and the plaintiff will serve a filed copy to Your Honor shortly. The Plaintiff respectfully refers the Court to R. 2:9-1(a) which deprives the Court of jurisdiction to decide any matter directly on appeal See, for ex.,Manalapan Realty L.P. v. Township of Manalapan, 140 N.J. 366, 376 (1995). Additionally, Court possesses the inherent HUD-L-004540-15 01/04/2018 5:05:18 PM Pg 2 of 5 Trans ID: LCV201822050 Page |2 power to sua sponte stay any proceeding relevant to the matter on appeal pending an appellate decision. Thank you for your consideration. Respectfully, s/ Jay J. Chatarpaul JAY J. CHATARPAUL JC/sd cc: August W. Heckman, Esq. HUD-L-004540-15 01/04/2018 5:05:18 PM Pg 3 of 5 Trans ID: LCV201822050 CHATARPAUL LAW FIRM, P.C. Jay J. Chatarpaul, Esq. NJ Bar No. 047821995 7912 River Road, Suite 1212 North Bergen, New Jersey 07047 (201) 222-0123 __________________________________ SUPERIOR COURT OF NEW ADA CABALLERO, JERSEY: LAW DIVISION: HUDSON COUNTY Plaintiff Docket No. HUD L 4540-15 v. Civil Action CABLEVISION SYSTEMS CORPORATION NOTICE OF MOTION FOR LEAVE EARNEST R. PASTOR, Individually TO APPEAL INTERLOCUTORY and as Human Resource Manager of ORDER GRANTING PARTIAL Cablevision, and STEPHANY DALTON, SUMMARY JUDGMENT TO Individually and as Human DEFENDANTS Resource Manager of Cablevision. On Appeal from Order of Superior Court, Law Defendant Division, Docket No. HUD L 4540-15 Sat Below: Hon. Joseph A. Turula, J.S.C. TO: August W. Heckman, Esq. Morgan, Lewis & Bockius LLP Attorneys for Defendants 502 Carnegie Center Princeton, NJ 08540-6289 august.heckman@morganlewis.com PLEASE TAKE NOTICE that the undersigned attorney for the Plaintiff in the above captioned matter hereby moves before the Superior Court of New Jersey, Appellate Division pursuant to Rule 2:2-4 for an Order granting leave to appeal of the Order of 1 HUD-L-004540-15 01/04/2018 5:05:18 PM Pg 4 of 5 Trans ID: LCV201822050 the Honorable Joseph A. Turula, J.S.C, a Judge of the Superior Court, Law Division, Hudson County, dated December 15, 2017 granting partial summary judgment to Defendants, (1) Dismissing Plaintiff’s claim for punitive damages as to her age discrimination claim, (2) Dismissing Plaintiff’s aiding and abetting claim, (3) Dismissing Plaintiff’s claim for disability discrimination, (4) Dismissing Plaintiff’s intentional infliction of emotional distress claim. In support of this motion, Plaintiff shall rely on the accompanying Brief and Appendix. Dated: 1/4/18 CHATARPAUL LAW FIRM, P.C. 7912 River Road, Suite 1212 North Bergen, New Jersey 07047 (201) 222-0123 By: s/Jay Chatarpaul JAY J. CHATARPAUL Certification of Service I hereby certify that on January 4, 2018, a copy of Plaintiff’s Notice of Motion for Leave to Appeal, Brief and Appendix was electronically filed with the Appellate Division and five hard copies of each mailed to the Clerk of the Appellate Division, and a copy served on the attorneys for Defendants. I further certify that a copy of the Notice of Motion for Leave to Appeal was electronically filed with the Law Division. I further certify that a copy of Plaintiff’s Notice of Motion for Leave to Appeal and Brief was electronically served upon the 2 HUD-L-004540-15 01/04/2018 5:05:18 PM Pg 5 of 5 Trans ID: LCV201822050 Motion Court, the Hon. Joseph A. Turula, J.S.C., followed by a hard copy of each served by mail on January 4, 2018. Dated: 1/4/18 By: s/Jay Chatarpaul JAY J. CHATARPAUL 3