The opinion
NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION
This opinion shall not "constitute precedent or be binding upon any court ." Although it is posted on the
internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3.
SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
DOCKET NOS. A-2758-19
A-3887-19
REGINA NAGLE,
Petitioner-Appellant,
v.
BOARD OF TRUSTEES, STATE
POLICE RETIREMENT SYSTEM,
Respondent-Respondent.
_____________________________
ROSEMARY MCCOY,
Petitioner-Appellant,
v.
BOARD OF TRUSTEES, STATE
POLICE RETIREMENT SYSTEM,
Respondent-Respondent.
_____________________________
Submitted November 29, 2021 – Decided February 11, 2022
Before Judges Fasciale and Sumners.
On appeal from the Board of Trustees of the State
Police Retirement System, Department of Treasury,
Docket Nos. xx-3425 and xx-3426.
Lauren Sandy, attorney for appellants.
Andrew J. Bruck, Acting Attorney General, attorney
for respondent (Melissa H. Raksa, Assistant Attorney
General, of counsel; Christopher Meyer, Deputy
Attorney General, on the brief).
PER CURIAM
In these consolidated appeals, the parties having filed a stipulation of
dismissal. We must point out appellants' counsel notified the court on January
21, 2022, that this matter was being dismissed because respondent issued a
final agency decision on July 29, 2022, which reconsidered and granted the
relief appellants requested due to newly enacted legislation. Unbeknownst to
the court, that decision was rendered four months before we considered the
appeal on November 29, 2021. While we appreciate counsel's representation
that there were administrative issues in implementing the decision, she had a
responsibility to alert the court of the probable resolution to avoid unnecessary
waste of judicial resources. See Sessner v. Merck Sharp & Dohme Corp., 435
N.J. Super. 347 (App. Div. 2014). In fact, our decision in this appeal was
scheduled to be released on January 24, 2022, but was pulled upon notification
of the dismissal.
A-2758-19
2
Dismissed with prejudice and without costs.
A-2758-19
3