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M.S. v. MILLBURN POLICE DEPT.

930 A.2d 481 (2007)

395 N.J. Super. 638

M.S., Plaintiff-Respondent v. MILLBURN POLICE DEPARTMENT, Defendant, and Office of the Essex County Prosecutor, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided August 28, 2007.

Attorney(s) appearing for the Case

Sara A. Friedman, Assistant Prosecutor, argued the cause for appellant (Paula T. Dow, Essex County Prosecutor, attorney; Ms. Friedman, of counsel and on the brief; Hillary Brunell, Deputy First Assistant Prosecutor, on the brief).

Jason R. Melzer, Hackensack, argued the cause for respondent (Cole, Schotz, Meisel, Forman & Leonard, attorneys; Mr. Melzer, on the brief).

Before Judges STERN, A.A.RODRíGUEZ and SABATINO.

The opinion of the court was delivered by

A.A. RODRÍGUEZ, P.J.A.D.

The Essex County Prosecutor appeals from the June 2, 2006 summary judgment in favor of M.S., and against it and the Township of Millburn (Millburn), directing the latter to return to M.S. his firearms purchaser identification (FPI) card within three days. We reverse.

The pertinent facts are as follows. M.S. was issued a FPI card in January 1995. During late December 1996, M.S....

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