Hossein Ameri v. City of Paterson
CourtNew Jersey Superior Court Appellate Division
Date FiledNovember 12, 2026
DocketA-0346-25
StatusUnpublished
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Full 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NOT FOR PUBLICATION WITHOUT THE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 NO. A-0346-25
HOSSEIN AMERI,
Plaintiff-Appellant,
v.
CITY OF PATERSON,
Defendant-Respondent.
Submitted October 7, 2026 – Decided November 12, 2026
Before Judges Currier and Puglisi.
On appeal from the Superior Court of New Jersey, Law
Division, Passaic County, Docket No. L-1295-25.
Ameri Law Firm, attorneys for appellant (Nima Ameri,
on the brief).
Rothstein, Mandell, Strohm, Halm & Cipriani, PA,
attorneys for respondent (Michael S. Nagurka, on the
brief).
PER CURIAM
Plaintiff Hossein Ameri appeals from an August 14, 2025 order denying
his request for a declaration that defendant City of Paterson was in violation of
the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, and for
attorneys' fees. We vacate the order and remand for the following reasons.
Plaintiff served an initial OPRA request on defendant on February 5,
2025. Relevant to this appeal, 1 the request stated:
Please send Jason M. Santarcangelo, Esq. contract and
RFP as well as all ordinances and approvals for his
position and defining roles, as well as any City
document appointing authority or position to him.
Include further all other candidates RFP's which were
rejected in that RFP. Please include all requests of
proposals and all resolutions referencing [him] in 2022
to present.
According to plaintiff, defendant did not answer within seven business
days, as required by N.J.S.A. 47:1A-5(i)(1). On February 18, 2025, plaintiff
filed an action in lieu of prerogative writs seeking an order requiring defendant
to comply with the OPRA request, a declaratory judgment stating defendant
failed to timely comply, and attorneys' fees. Seven days later, defendant
1
The request also sought "personal files, investigative reports and otherwise"
for eight city inspectors. Plaintiff's brief does not address this section of the
request.
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responded to the OPRA request with a zip drive, which plaintiff purportedly
could not access.
In March 2025, the trial court entered an order to show cause. During the
subsequent show cause hearing, defendant's counsel represented there was no
hiring letter between the city and Sarcantangelo because Sarcantangelo was
hired by the city's corporate counsel, not the city itself. Counsel confirmed
plaintiff was provided with a copy of Sarcantangelo's job application from which
he had been hired, but the city had no other responsive documents. Counsel
stated he would provide an affidavit confirming there was no employment
contract between the city and Sarcantangelo. The court then noted the
forthcoming affidavit of completion should satisfy plaintiff's request.
The court entered an order: requiring defendant to file an affidavit of
completeness certifying the documents sent to plaintiff comprised the full
record; denying plaintiff's request for a declaratory judgment defendant was in
violation of OPRA; and denying plaintiff's request for sanctions and/or
penalties. Following our denial of a motion for leave to appeal the order,
plaintiff filed a plenary appeal.
Plaintiff contends the trial court erred by failing to enter an order requiring
defendant to fully comply with the OPRA request, refusing to rule defendant
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violated OPRA, and denying plaintiff's request for sanctions and/or civil
penalties.
Pursuant to Rule 1:7-4(a), a "court shall, by an opinion or memorandum
decision, either written or oral, find the facts and state its conclusions of law
thereon . . . on every motion decided by a written order that is appealable as of
right." "[J]udges are under a duty to make findings of fact and to state reasons
in support of their conclusions." Heinl v. Heinl, 287 N.J. Super. 337, 347 (App.
Div. 1996) (citing R. 1:7-4). "Meaningful appellate review is inhibited unless
the judge sets forth the reasons for [their] opinion." Salch v. Salch, 240 N.J.
Super. 441, 443 (App. Div. 1990). "Naked conclusions do not satisfy the
purpose of R[ule] 1:7-4." Curtis v. Finneran, 83 N.J. 563, 570 (1980).
N.J.S.A. 47:1A-6, amended effective September 2024, in pertinent part,
provides: "The public agency shall have the burden of proving . . . the denial of
access is authorized by law. If it is determined . . . access has been improperly
denied, the court . . . shall order that access be allowed. A requestor who prevails
in any proceeding may be entitled to a reasonable attorney's fee." The 2024
OPRA amendments no longer mandate an award of attorneys' fees, but rather,
make an award of fees discretionary unless the court determines the defendant
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"unreasonably denied access, acted in bad faith, or knowingly and willfully
violated" OPRA.2 Ibid. The amendment also provides:
If the records sought are produced by the public agency
within seven business days of service of an action in
Superior Court . . . the matter shall be dismissed
without prejudice and the requestor may be entitled to
a reasonable attorney's fee if the custodian knew or
should have known that the denial of access violated
[OPRA].
In rendering its oral decision, the trial court did not make adequate
findings under Rule 1:7-4(a) as to whether defendant timely responded to
plaintiff's request or if the delay was unreasonable, in bad faith, or a knowing
and willful violation of OPRA. The court also did not address whether plaintiff
was a prevailing party entitled to counsel fees or whether civil penalties were
warranted. Accordingly, we are unable to discern the basis for the court's denial
of plaintiff's requests in the orders entered in this matter. For these reasons, we
are constrained to remand for further proceedings. On remand, the court shall
make appropriate findings of fact and conclusions of law addressing plaintiff's
requests for relief.
2
N.J.S.A. 47:1A-11 also provides for civil penalties when a public official
"knowingly and willfully violate[s]" OPRA.
A-0346-25
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Vacated and remanded for further proceedings. We do not retain
jurisdiction.
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