Ayana Miller v. City of Paterson
CourtNew Jersey Superior Court Appellate Division
Date FiledOctober 27, 2026
DocketA-0344-25/A-0345-25
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NOT FOR PUBLICATION WITHOUT THE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-0344-25
A-0345-25
AYANA MILLER,
Plaintiff-Appellant,
v.
CITY OF PATERSON,
Defendant-Respondent.
JERRY LABOZZO,
Plaintiff-Appellant,
v.
CITY OF PATERSON,
Defendant-Respondent.
_________________________
Submitted October 7, 2026 – Decided October 27, 2026
Before Judges Currier and Marczyk.
On appeal from the Superior Court of New Jersey, Law
Division, Passaic County, Docket Nos. L-1298-25 and
L-1299-25.
Ameri Law Firm, attorneys for appellants (Nima
Ameri, on the briefs).
Rothstein Mandell Strohm Halm & Cipriani, attorneys
for respondent (Michael S. Nagurka, on the briefs).
PER CURIAM
In these two matters, calendared back-to-back for the purpose of issuing
a single opinion, plaintiff Jerry Labozzo appeals from the trial court's August
14, 2025 order directing defendant City of Paterson to comply with plaintiff's
document request under the Open Public Records Act (OPRA), N.J.S.A. 47:1A-
1 to -13, but denying his requests for a declaration defendant violated OPRA
and for attorney's fees and civil penalties. Likewise, plaintiff Ayana Miller
appeals from the trial court's August 14, 2025 order denying the same relief. We
vacate the orders and remand for the reasons set forth in this opinion.
I.
A.
In early January 2025, Labozzo submitted an OPRA request for
correspondence regarding him exchanged between Paterson's former mayor,
business administrator, and economic development director from January 2013
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2
through December 2017. The parties exchanged several communications to
narrow the search terms in the OPRA request. After the parties agreed on the
search terms, defendant did not respond to the request within the requisite
statutory period, prompting Labozzo to file a complaint. 1
In June 2025, the trial court entered an order to show cause and
subsequently held oral argument on August 14, 2025. On that date, the court
ordered defendant to comply with Labozzo's OPRA requests within two weeks
but denied his request for attorney's fees and the imposition of civil penalties.
Less than a week later, Labozzo moved for leave to appeal, arguing the interest
of justice warranted immediate review, seeking an order compelling production
of the requested communications, and imposing sanctions on defendant. On
September 29, 2025, we denied the motion. Labozzo then filed this plenary
appeal.
B.
Miller's appeal arises from her December 2, 2024 OPRA request seeking
video footage related to a November 2024 motor vehicle accident in which she
sustained injuries. She alleges defendant did not respond. According to Miller,
1
Plaintiff initially filed the complaint in Bergen County, but the case was
eventually transferred to Passaic County upon defendant's request.
A-0344-25
3
she submitted a second request on February 6, 2025. Again, she claims
defendant did not respond. Subsequently, on February 18, 2025, Miller filed a
complaint claiming defendant was in violation of OPRA. 2 A week later,
defendant sent Miller certain video footage with an expiring link, 3 but Miller
stated the link was inaccessible, as a username and password were required. The
court subsequently entered an order to show cause and scheduled a hearing.
On August 14, 2025, the court heard oral argument. Defendant
represented it sent Miller another link, which Miller's counsel acknowledged he
was able to access. However, counsel advised the court the video defendant
provided was not the correct one. The court concluded Miller's requests for "all
footage" was overly vague and broad, making it difficult for defendant to
identify and provide the specific video Miller sought. Accordingly, the court
ordered defendant, "to the extent not already provided, [to] provide the body
camera footage . . . related to the accident/incident dated November 19 [], 2024,
within two . . . weeks of the entry of this order." (Emphasis in original.)
Furthermore, the court denied Miller's request for a declaration defendant
2
This matter was also initially filed in Bergen but later transferred to Passaic
County.
3
An expiring link is a web address that stops working after a certain period of
time.
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violated OPRA, and it also denied Miller's request for attorney's fees and civil
penalties. Miller then moved for leave to file an interlocutory appeal, which we
denied. Miller subsequently filed this plenary appeal.
II.
Plaintiffs generally advance the same arguments in support of their
appeals. They argue the trial court erred by failing to enter an order finding
defendant violated OPRA and by declining to award attorney's fees and
imposing civil penalties. According to plaintiffs, the OPRA requests were
sufficiently specific and defendant failed to comply, but the trial court
improperly accepted defendant's explanation for its noncompliance. They
further contend defendant never made a reasonable effort to comply with the
OPRA requests, and instead of granting defendant additional time to produce
the requested information, the court should have entered an order declaring
defendant was in violation of the statute. Plaintiffs maintain defendant faced no
consequences for failing to comply with their OPRA requests.
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
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5
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, recently 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
attorney's fees, but rather, make an award of fees discretionary unless the court
determines the defendant "unreasonably denied access, acted in bad faith, or
knowingly and willfully violated" OPRA.4 Ibid. See also Brennan v. Bergen
Cty. Prosecutor's Off., 233 N.J. 330, 337 (2018) (noting a court must determine
whether the records custodian violated OPRA and whether the party requesting
the records is entitled to attorney's fees).
4
N.J.S.A. 47:1A-11 also provides for civil penalties when a public official
"knowingly and willfully violate[s]" OPRA.
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In rendering its oral decision, the trial court did not make adequate
findings under Rule 1:7-4(a) as to whether defendant violated OPRA and
whether plaintiffs were prevailing parties. The court also did not address
whether plaintiffs were entitled to counsel fees or whether civil penalties were
warranted. Accordingly, we are unable to discern the basis for the court's denial
of plaintiffs' requests in the orders entered in these matters. 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 regarding
whether plaintiffs were prevailing parties, as well as the issues of counsel fees
and civil penalties.
Vacated and remanded for further proceedings. We do not retain
jurisdiction.
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