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CAPPICCILLE v. SUBURBAN PROPANE, L.P.

No. A-4217-12T3.

ROBERT CAPPICCILLE and JOYCE CAPPICCILLE, MARK THOGODE and CAROL THOGODE, MICHAEL RONCINSKE and MARIE RONCINSKE, JAMES PETERS and ANN PETERS, LARRY HANNIS and CAROL HANNIS, TRACY MUSTACHIO and TIMOTHY MUSTACHIO, JOSEPH SABELLA and MICHELLE SABELLA, JARROD HAMILTON and TARA HAMILTON, KENNETH WISE and NANCY WISE, ROBERT BIGOTT and LYNN BIGOTT, DANIEL JANSEN and PAMELA JANSEN, JOCK WAPLE and REBECCA WAPLE, INGRUM JEFFERSON and CRYSTAL JEFFERSON, RICHARD KREPPEL and PATRICIA KREPPEL, WILHELM ELFERS and HILDE ELFERS, JOSEPH DOYLE and VIRGINIA DOYLE, BRIAN FINNEGAN and JANET FINNEGAN, ANTHONY GASPERINO and CAROLYN GASPERINO, JACK IZZO and VERONICA IZZO, NATHANIEL SAJDAK and MEREDITH SAJDAK, Plaintiffs-Respondents, v. SUBURBAN PROPANE, L.P. and SUBURBAN PROPANE PARTNERS, L.P., individually and trading as Suburban Energy Services, and FINBAR M. DOYLE, Defendants-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided December 5, 2013.

Attorney(s) appearing for the Case

Michael D. Sirota argued the cause for appellants (Cole, Schotz, Meisel, Forman & Leonard, P.A. and Proskauer Rose LLP, attorneys; Mr. Sirota and Robert J. Cleary , of counsel and on the brief).

John V. McDermott, Jr. , argued the cause for respondents.

Before Judges Espinosa, Koblitz, and O'Connor.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

PER CURIAM.

Defendants Suburban Propane, L.P. (Suburban) and Finbar M. Doyle, moved for partial summary judgment seeking the dismissal of some of the plaintiffs' claims, on the ground the court lacked subject matter jurisdiction. The trial court denied the motion and ordered defendants to obtain certain relief from the United States Bankruptcy Court for the Northern District of New York ...

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