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MONEK v. BOROUGH OF SOUTH RIVER

808 A.2d 114 (2002)

354 N.J. Super. 442

Ptl. Christopher MONEK, Plaintiff-Respondent/Cross-Appellant, v. BOROUGH OF SOUTH RIVER, Defendant-Appellant/Cross-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided October 21, 2002.

Attorney(s) appearing for the Case

Richard H. Bauch, Morristown, argued the cause for appellant/cross-respondent (Schenck, Price, Smith & King, attorneys; Mr. Bauch, of counsel and on the brief, and Damian L. Albergo, on the brief).

Joseph J. Benedict, New Brunswick, argued the cause for respondent/cross-appellant (Benedict & Altman, attorneys; Mr. Benedict and Doris E. McNeil, on the brief).

Before Judges SKILLMAN, CUFF and LEFELT.

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

A Middlesex County trial judge ordered defendant Borough of South River to reimburse plaintiff Patrolman Christopher Monek for his attorneys' fees and costs incurred in defending official misconduct, aggravated assault and witness tampering criminal charges. South River appeals, contending Monek's complaint in lieu of prerogative writs was untimely under R. 4...

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