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CALIENDO EX REL. CALIENDO v. VELEZ

Docket No. a-3773-10t3

48 A.3d 357 (2012)

427 N.J. Super. 210

Damian CALIENDO, an Incapacitated Person, by and Through his Guardians, Daniel and Rosamund CALIENDO, Plaintiff-Appellant, v. Jennifer VELEZ, Commissioner, New Jersey Department of Human Services, in her Official Capacity; Kenneth W. Ritchey, Assistant Commissioner, New Jersey Department of Human Services, Division of Developmental Disabilities, in his Official Capacity; William Wall, Chief Executive Officer, Hunterdon Developmental Center, in his Official Capacity, and Christopher Homa, Cottage Training Supervisor, Hunterdon Developmental Center, in his Personal Capacity, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided July 17, 2012.

Attorney(s) appearing for the Case

Curtis D. Edmonds argued the cause for appellant (Disability Rights New Jersey, Inc., attorneys; Mr. Edmonds , on the briefs).

Gerard Hughes , Deputy Attorney General, argued the cause for respondent ( Jeffrey S. Chiesa , Attorney General, attorney; Melissa H. Raksa , Assistant Attorney General, of counsel; Mr. Hughes , on the brief).

Before Judges PARRILLO, ALVAREZ and SKILLMAN.

The opinion of the court was delivered by

SKILLMAN, J.A.D. (retired and temporarily assigned on recall).

This appeal challenges the validity of a regulation adopted by the Department of Human Services, N.J.A.C. 10:41-3.2(b), which provides that incident reports prepared by the Division of Developmental Disabilities are not public records and may be released only by court order. Appellant, a developmentally disabled adult who resides at the Hunterdon...

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