2006-78

Case Disposition: The Complainant has affirmatively asserted on the Denial of Access Complaint form that he has also instituted a Superior Court case regarding access to the same records at issue in the denial of access complaint filed with the Council.

Type of Administrative Disposition: Pending action in Superior Court.

Applicable OPRA Provision: N.J.S.A. 47:1A-6. provides that “[a] person who is denied access to a government record by the custodian of the record, at the option of the requestor, may:

∙ institute a proceeding to challenge the custodian's decision by filing an action in Superior Court which shall be heard in the vicinage where it is filed by a Superior Court Judge who has been designated to hear such cases because of that judge's knowledge and expertise in matters relating to access to government records; or

∙ in lieu of filing an action in Superior Court, file a complaint with the Government Records Council…” (Emphasis added.)

This is the final administrative determination in this matter. Any further review should be pursued in the Appellate Division of the Superior Court of New Jersey within forty-five (45) days. Information about the appeals process can be obtained from the Appellate Division Clerk’s Office, Hughes Justice Complex, 25 W. Market St. PO Box 006, Trenton, NJ 08625-0006.

2006-78

Administrative Case Disposition - Pending Action in Superior Court