01-2-8238 Davanne Realty Co. v. Sidamon-Eristoff, App. Div. (per curiam) (4 pp.) Plaintiffs Davanne Realty Company, Aldercrest Development Company, Cross Key Limited, Inc., Rockwell-Automation, Provident Bank and Raritan Bay Federal Credit Union appealed from a final order of the Law Division dismissing their complaint seeking to compel the State Treasurer, in his capacity as the State’s Unclaimed Property Administrator, to pay their claims to funds originally deposited with the Superior Court Trust Fund and subsequently transferred to the administrator as required by the State’s Uniform Unclaimed Property Act. Judge Massi dismissed the complaint without prejudice on the Treasurer’s motion. The claims pertained to monies originally deposited in the Superior Court Trust Fund and plaintiffs are represented by the same lawyer, a property locator who had bundled their claims. The Treasurer moved to dismiss the complaint based on plaintiffs’ improper joinder, failure to exhaust administrative remedies and because their claims must be brought in the Appellate Division and not the Law Division. Judge Massi agreed, finding no common thread among plaintiffs, no exhaustion of their administrative remedies and no jurisdiction in the Law Division to consider the claims. The appellate panel dismissed the appeal without prejudice to plaintiffs exhausting their administrative remedies under the Unclaimed Property Act.
01-2-8239 In the Matter of Denial of Prequalification Application of Johnson Specialized Transp., Inc., App. Div. (per curiam) (8 pp.) Johnson Specialized Transportation, Inc. appealed from two final agency decisions of the New Jersey Turnpike Authority denying Johnson’s requests to be prequalified to bid on contracts for routine towing services on the turnpike. Johnson contended it was entitled to prequalification in the two zones for which it applied, and, at the very least, the Turnpike Authority should have allowed it a hearing before denying its applications. Although Johnson filed a timely appeal, it did not seek a stay from the Turnpike Authority or emergent relief in this court until after the briefs were already filed and the contracts were awarded to other bidders. The appellate panel could not grant Johnson any effective relief at this point in the proceeding and dismissed the appeal as moot.
