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MORTIMER HETSBERGER, Plaintiff-Appellant, v. DEPARTMENT OF CORRECTIONS, and GEORGE HAYMAN, Commissioner, Defendants-Respondents.
Plaintiff Mortimer Hetsberger appeals from the June 2, 2008 Law Division order dismissing his complaint with prejudice for lack of prosecution. Plaintiff also purports to appeal from the April 11, 2008 order denying his summary judgment motion. However, that order was interlocutory, and plaintiff did not seek leave to appeal. R. 2:2-3(b).
Plaintiff also failed to submit a transcript of the proceeding on June 2, 2008, R. 2:5-3(a), and did not address the dismissal issue in his appellate brief, thus waiving his right to do so, Jefferson Loan Co. v. Session, 397 N.J.Super. 520, 525 n. 4 (App.Div.2008); Pressler, Current N.J. Court Rules, comment 4 on R. 2:6-2 (2010).
Appeal dismissed.
PER CURIAM
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Docket No: DOCKET NO. A-5421-07T1
Decided: October 20, 2010
Court: Superior Court of New Jersey, Appellate Division.
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