DEPT. OF ENVIRONMENTAL PROTECTION v. KAFIL


930 A.2d 457 (2007)

395 N.J. Super. 597

DEPARTMENT OF ENVIRONMENTAL PROTECTION, Plaintiff-Appellant, v. Johan KAFIL, Monica Kafil, Faramarz Ebrahimi, Gregory Maschou, Tsungas Petroleum, Inc., Best Oil Corporation, Parsco, Inc., Harry Rohrer and H.O.R. & M.G.R. LLC, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided August 15, 2007.


Attorney(s) appearing for the Case

Rachel Jeanne Lehr, Deputy Attorney General, argued the cause for appellant (Stuart Rabner, Attorney General, attorney; Patrick DeAlmeida, Assistant Attorney General, of counsel; Ms. Lehr, on the brief).

Arthur P. Zucker, Hackensack, argued the cause for respondents Kafil, Tsungas Petroleum, Inc. and Best Oil Corporation (Ferro Laballa & Zucker, attorneys; Mr. Zucker, of counsel and, with Russell T. Brown, on the brief).

Golub & Isabel, Totowa, attorneys for respondent Moschou, relying on brief submitted on behalf of respondents Kafil, Tsungas Petroleum, Inc. and Best Oil Corporation.

Williams, Caliri, Miller & Otley, Wayne, attorneys for respondents Rohrer and H.O.R. & M.G.R., LLC, relying on brief submitted on behalf of respondents Kafil, Tsungas Petroleum, Inc. and Best Oil Corporation.

No brief was filed by any other party.

Before Judges KESTIN, WEISSBARD and PAYNE.


The opinion of the court was delivered by

KESTIN, P.J.A.D. (retired and temporarily assigned on recall).

Plaintiff, the Department of Environmental Protection (DEP or the Department), appeals from certain provisions of an interlocutory order entered on March 1, 2006, granting partial summary judgment to some of the defendants; an order entered on May 3, 2006, denying reconsideration; and a final order entered on June 15, 2006, which resolved all issues pending...

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