Legal Opinion · Dissent

Marino v. Marino

Supreme Court of New Jersey

Decided September 24, 2009No. A-18 September Term 2008Published

1DissentJustice Rivera-Soto

If this case involved a proper initial interment of a body, followed by a request for disinterment, I would be in full accord *337with the majority’s analysis and conclusions. It does not. Rather, this ease represents the ratification of a result wrongfully obtained. By an appeal as of right resulting from a dissent in the Appellate Division, N.J. Count. art. VI, § V, ¶ 1(b); R. 2:2-1(a)(2), we are called on to review such eondemnable behavior. Viewing this case narrowly, the majority endorses and rewards that behavior. That I cannot do.

Because plaintiff never validly waived her statutory rights…

2Cases cited22 opinions

  1. Gennari v. Weichert Co. RealtorsSupreme Court of New Jersey · 1997
  2. Jewish Center of Sussex Cty. v. WhaleSupreme Court of New Jersey · 1981
  3. Knorr v. SmealSupreme Court of New Jersey · 2003
  4. County of Morris v. FauverSupreme Court of New Jersey · 1998
  5. Brunswick Hills Racquet Club, Inc. v. Route 18 Shopping Center AssociatesSupreme Court of New Jersey · 2005

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