IN RE APPLICATION OF JASCALEVICH


169 N.J. Super. 392 (1979)

404 A.2d 1239

IN THE MATTER OF THE APPLICATION OF MARIO E. JASCALEVICH, M.D., FOR EXPUNGEMENT OF ALL RECORDS PURSUANT TO N.J.S.A. 2A:85-15 ET SEQ. F. RONALD BIGGS, SUBSTITUTED ADMINISTRATOR C.T.A. OF THE LAST WILL AND TESTAMENT OF FRANK S. BIGGS, DECEASED, PLAINTIFF-RESPONDENT, v. MARIO E. JASCALEVICH, DEFENDANT-APPELLANT, AND RIVERDELL HOSPITAL, INC., A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT. MICHAEL SAVINO, AS ADMINISTRATOR AD PROSEQUENDUM AND AS GENERAL ADMINISTRATOR FOR THE ESTATE OF NANCY ANN SAVINO AND MICHAEL SAVINO, INDIVIDUALLY, PLAINTIFF-RESPONDENT, v. DR. MARIO JASCALEVICH, DEFENDANT-APPELLANT, AND RIVERDELL HOSPITAL, A CORPORATION OF THE STATE OF NEW JERSEY; EDWIN FRIEMAN, D.O.; ALLAN LANS, D.O.; JAY SKLAR, D.O.; IRWIN LEE RHINE, D.O. AND MARVIN WISCH, D.O.; INDIVIDUALLY AND AS OFFICERS AND DIRECTORS OF RIVERDELL HOSPITAL; JOHN DOE, JOHN ROE AND JOHN HOE, SAID NAMES BEING FICTITIOUS, INDIVIDUALLY AND AS MEMBERS OR FORMER MEMBERS OF THE MORTALITY REVIEW AND/OR TISSUE REVIEW COMMITTEE OF RIVERDELL HOSPITAL; AND ELLIOT WEINER, INDIVIDUALLY AND AS ADMINISTRATOR OF RIVERDELL HOSPITAL, DEFENDANTS. ERNESTINE A. MICUCCI, EXECUTRIX OF THE ESTATE OF EMMA M. ARZT, DECEASED, ERNESTINE A. MICUCCI, INDIVIDUALLY AND VERA A. ARGENZIA, PLAINTIFFS-RESPONDENTS, v. MARIO JASCALEVICH, M.D., DEFENDANT-APPELLANT, AND RIVERDELL HOSPITAL, A CORPORATION OF THE STATE OF NEW JERSEY, EDWIN FRIEMAN, D.O., ALLAN LANS, D.O., JAY SKLAR, D.O., IRWIN LEE RHINE, D.O. AND MARVIN WISCH, D.O., INDIVIDUALLY AND AS OFFICERS AND DIRECTORS OF RIVERDELL HOSPITAL; JOHN DOES I THROUGH XL, INCLUSIVE AND EACH OF THEM, AND ELLIOT WEINER, INDIVIDUALLY AND AS ADMINISTRATOR OF RIVERDELL HOSPITAL, JOINTLY, SEVERALLY, OR INDIVIDUALLY OR IN THE ALTERNATIVE, DEFENDANTS. RENE J. SHAW, EXECUTRIX OF THE ESTATE OF EILEEN SHAW, DECEASED, PLAINTIFF-RESPONDENT, v. RIVERDELL HOSPITAL, A CORPORATION OF THE STATE OF NEW JERSEY, EDWIN FRIEMAN, D.O., ALLAN LANS, D.O., JAY SKLAR, D.O., IRWIN LEE RHINE, D.O., AND MARVIN WISCH, D.O., INDIVIDUALLY AND AS OFFICERS AND DIRECTORS OF RIVERDELL HOSPITAL; JOHN DOE, JOHN ROE, JOHN HOE, SAID NAMES BEING FICTITIOUS, INDIVIDUALLY AND AS MEMBERS OR FORMER MEMBERS OF THE MORTALITY REVIEW AND/OR TISSUE REVIEW COMMITTEE OF RIVERDELL HOSPITAL; AND ELLIOT WEINER, INDIVIDUALLY AND AS ADMINISTRATOR OF RIVERDELL HOSPITAL, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided July 10, 1979.


Attorney(s) appearing for the Case

Mr. Henry F. Furst and Mr. John R. Parker argued the cause for appellant Mario E. Jascalevich, M.D. (Messrs. Morgan, Melhuish, Monaghan & Spielvogel, attorneys; Messrs. Brown & Brown, co-counsel for appellant; Messrs. Henry G. Morgan, Raymond A. Brown, Henry F. Furst and John R. Parker, of counsel and on the brief).

Mr. Donald E. Morrice argued the cause for respondent F. Ronald Biggs (Messrs. Jardine, Morrice & Pagano, attorneys; Mr. Morrice, on the brief).

Mr. Stephen H. Monson, Deputy Attorney General, argued the cause for respondent State of New Jersey (Mr. John J. Degnan, Attorney General of New Jersey, attorney; Mr. Edwin H. Stern and Mr. Monson, Deputy Attorneys General, of counsel and on the brief).

Mr. Joseph Coult argued the cause for defendants Riverdell Hospital and Elliot Weiner (Mr. Edward E. Kuebler, attorney; Mr. Kuebler, on the letter memorandum).

Mr. Nathan Kittner, Assistant Prosecutor of Bergen County, argued the cause for the Bergen County Prosecutor, Mr. Roger W. Breslin.

Before Judges MATTHEWS, KOLE and MILMED.


The opinion of the court was delivered by MILMED, J.A.D.

The Supreme Court granted the motion of defendant Mario E. Jascalevich for leave to appeal from two orders of the Law Division (one dated March 5, 1979 and the other dated March 22, 1979) and remanded the matter to this court for a full hearing on the merits as to all issues. A portion of the March 5 order complained of grants respondent Biggs' motion for access...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases