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WEISMAN v. BRUNETTI

15 N.J. Tax 197 (1995)

HANNOCH WEISMAN, A PROFESSIONAL CORPORATION, PLAINTIFF, v. JOHN J. BRUNETTI, INDIVIDUALLY, T/A BROOKCHESTER, SECTIONS 5, 7, 8 AND 9; JOHN J. BRUNETTI, JO ANN TOSI AND FRANK J. FIORE, TRUSTEES OF TESTAMENTARY TRUST FOR JO ANN TOSI, T/A BROOKCHESTER, SECTIONS 3, 6 AND 10, ARTHUR SCHUMACHER, FLORENCE C. COPELAND, PHILOMENA PETRIZZI, JACK BERGMANN, DIANA M. JOHNSON, RICHARD EMANUEL, MICHAEL HALLIGAN, DEBRA GATTO, MARGUERITE DECICCI, FRED HANIS, ROBERT GARRITY, RAYMOND DEAN, CAROL SCHLUTER, HARRY HAIG, OLIVE ST. CLAIR, BROOKCHESTER TENANTS ASSOCIATION, DEFENDANTS, AND THE BOROUGH OF NEW MILFORD, DEFENDANT-APPELLANT, AND THE STATE OF NEW JERSEY, INTERVENOR-CROSS-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 15, 1995.

Attorney(s) appearing for the Case

Stephen J. Moses argued the cause for appellant (Sills Cummis Zuckerman Radin Tischman Epstein & Gross, attorneys; Mr. Moses and Philip R. White, of counsel, Bryan S. Greenberg and Richard S. Schkolnick, on the brief).

Kevin M. Wolfe, Deputy Attorney General argued the cause for Intervenor-Cross-Appellant (Deborah T. Poritz, Attorney General, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel, Bree Ermentrout, Deputy Attorney General, on the brief).

Before Judges DREIER, VILLANUEVA and BRAITHWAITE.

PER CURIAM.

The Borough of New Milford, in which is located the Brookchester Apartments whose tenants' claims generated tax refunds, appeals from a Law Division judgment determining that unclaimed property tax refunds which the judge had previously ordered deposited into an escrow account should now be paid over to the Superior Court Trust Fund established pursuant to R. 1:21-6(i). The Borough claims entitlement to administer the unclaimed refunds pursuant...

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