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LIVECCHIA v. MOUNT ARLINGTON

Docket No. A-4501-09T2.

22 A.3d 140 (2011)

421 N.J. Super. 24

Gayle Ann LIVECCHIA, Complainant-Respondent, v. BOROUGH OF MOUNT ARLINGTON, Custodian of Record-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided July 13, 2011.

Attorney(s) appearing for the Case

Levi J. Kool argued the cause for appellant (O'Donnell McCord, P.C., attorneys; Thomas A. Segreto , Lyndhurst, on the brief).

Walter M. Luers argued the cause for respondent, Gayle Ann Livecchia.

Paula T. Dow , Attorney General, attorney for respondent, Government Records Council ( Debra A. Allen , Deputy Attorney General, on the statement in lieu of brief).

Before Judges AXELRAD, R.B. COLEMAN and LIHOTZ.

The opinion of the court was delivered by

LIHOTZ, J.A.D.

In this matter arising under the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, we examine whether a reasonable right to privacy precludes release of the destination location of cellular calls made by municipal employees using government-issued cellular phones. The Borough of Mount Arlington (the Borough) appeals from a Government Records Council (GRC) order directing it to release the...

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