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COURIER NEWS v. HUNTERDON

876 A.2d 806 (2005)

378 N.J. Super. 539

COURIER NEWS, Plaintiff-Respondent/Cross-Respondent, v. HUNTERDON COUNTY PROSECUTOR'S OFFICE, Defendant/Third-Party Plaintiff-Respondent/Cross-Appellant, v. State of New Jersey, Third-Party Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided June 28, 2005.

Attorney(s) appearing for the Case

Larry R. Etzweiler, Senior Deputy Attorney General, argued the cause for third-party defendant-appellant State of New Jersey (Peter C. Harvey, Attorney General, attorney; Patrick DeAlmeida, Assistant Attorney General, and Mr. Etzweiler, of counsel; Kenneth B. Goodman, Deputy Attorney General, on the brief).

Gaetano M. De Sapio, Hunterdon County Counsel, argued the cause for respondent/cross-appellant.

John C. Connell argued the cause for respondent/ cross-respondent Courier News (Archer & Greiner, attorneys; Mr. Connell, William L. Ryan, and Mark G. Toscano, on the brief).

McGimpsey & Cafferty, attorneys for amicus curiae New Jersey Press Association (Arlene M. Turinchak and Thomas J. Cafferty, on the brief).

Before Judges LEFELT, FUENTES and FALCONE.

The opinion of the court was delivered by

FUENTES, J.A.D.

The State of New Jersey appeals from an award of counsel fees in favor of plaintiff, Courier News, pursuant to the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13. In Courier News v. Hunterdon County Prosecutor's Office, 358 N.J.Super. 373, 817 A.2d 1017 (App.Div. 2003) (Courier I), we determined...

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