GEROFSKY v. PASSAIC COUNTY SOC.


870 A.2d 704 (2005)

376 N.J. Super. 405

Charles F. GEROFSKY, as President, Officer, Director and Member of the New Jersey Society for the Prevention of Cruelty to Animals, Plaintiff, v. PASSAIC COUNTY SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, Defendant/Third-Party Plaintiff, and Bergen County Society for the Prevention of Cruelty to Animals, Defendant/Third-Party Plaintiff/Intervenor-Appellant, and Hunterdon County Society for the Prevention of Cruelty to Animals, Middlesex County Society for the Prevention of Cruelty to Animals, Morris County Society for the Prevention of Cruelty to Animals, Union County Society for the Prevention of Cruelty to Animals, and Warren County Society for the Prevention of Cruelty to Animals, Defendants/Third-Party Plaintiffs/Intervenors, v. New Jersey Society for the Prevention of Cruelty to Animals, Third-Party Defendant/Respondent. Bergen County Prosecutor's Office, Respondent.

Superior Court of New Jersey, Appellate Division.

Decided April 14, 2005.


Attorney(s) appearing for the Case

Dennis J. Oury argued the cause for appellant (Sylvia Hall, on the brief).

Harry Jay Levin argued the cause for respondent New Jersey Society for the Prevention of Cruelty to Animals (Levin & Cyphers, attorneys; Mr. Levin, on the brief).

Catherine A. Foddai, Assistant Prosecutor, argued the cause for respondent Bergen County Prosecutor's Office (John L. Molinelli, Bergen County Prosecutor, attorney; Ms. Foddai, of counsel and on the brief).

Peter C. Harvey, Attorney General, attorney for amicus curiae New Jersey Attorney General (Mary E. McAnally, Deputy Attorney General, of counsel and on the brief).

Before Judges SKILLMAN, PARRILLO and GRALL.


The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

In the middle of the nineteenth century, at a time when New Jersey had only limited state law enforcement agencies and law enforcement was frequently entrusted to private citizens, the Legislature enacted laws that created the New Jersey and county Societies for the Prevention of Cruelty to Animals (SPCAs) and delegated extensive law enforcement powers relating...

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