KEVIN D. KELLY VS. DEBORAH E. KELLY (FM-19-0578-10, MORRIS COUNTY AND STATEWIDE)

NOT FOR PUBLICATION WITHOUT THE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-1636-17T3

KEVIN D. KELLY,

Plaintiff-Appellant,

v.

DEBORAH E. KELLY,

Defendant-Respondent.
_____________________________

Argued March 4, 2019 – Decided March 21, 2019

Before Judges Fasciale and Rose.

On appeal from Superior Court of New Jersey,
Chancery Division, Family Part, Morris County,
Docket No. FM-19-0578-10.

Kevin D. Kelly, appellant, argued the cause pro se.

Deborah E. Kelly, respondent, argued the cause pro se.

PER CURIAM

Pro se plaintiff appeals from an October 27, 2017 order reinstating the

pleadings, confirming an arbitration award, and entering a final judgment of
divorce. Judge Maritza Berdote Byrne entered the order and attached a thirteen-

page written statement of reasons.

On appeal, plaintiff raises the following arguments:

POINT [I]

THESE ARBITRATION PROCEEDINGS
VIOLATED THE UNIFORM ARBITRATION
AWARD ACT OF 2003 (ACT).

A. N.J.S.A. 2A:23B-23(a)(5).

B. N.J.S.A. 2A:23B-23(a)(1).

C. N.J.S.A. 2A:23B-23(a)(2).

POINT [II]

THESE ARBITRATION PROCEEDINGS
VIOLATED THE [RULES OF PROFESSIONAL
CONDUCT] AND CASE LAW REQUIREMENTS.

A. The Arbitrator Created Disqualifying
Conflicts of Interest By Litigating Against
the Plaintiff and Placing His Interests
Above the Interests of the Parties.

B. The Arbitrator Failed in His Duty to
Properly Advise the Parties With Respect
To the Financial Costs of This Arbitration.

C. The Arbitrator Unethically and
Impermissibly Withheld His Services To
the Detriment of the Parties and
Proceedings.

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POINT [III]

THIS ARBITRATION PROCEEDING VIOLATES
PUBLIC POLICY AND THE AWARD MUST BE
VACATED.

POINT [IV]

THE ARBITRATION DECISION AND AWARD
CONTAIN[S] STATUTORY VIOLATIONS AND
ERRORS SUBJECT TO MODIFICATION AND/OR
CORRECTION PURSUANT TO N.J.S.A. 2A:23B-20
AND VACATION PURSUANT TO N.J.S.A. 2A:23B-
23(a)(3) [AND] (4).

[A]. FORMER MARITAL PREMISES.

[B]. TOWNHOUSE.

[C]. MEDICAL INSURANCE.

[D]. SEP/IRA.

[E]. LIFE INSURANCE.

[F]. COLLEGE EXPENSES.

[G]. ALIMONY.

[1]. VIOLATION OF N.J.S.A.
2A:34-23(c).

[2]. FAILURE TO IMPUTE
INCOME.

[3]. FAILURE TO ALLOW
ALIMONY TAX CREDIT PER
ESTABLISHED LAW.

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 [H]. CHILD SUPPORT.

[I]. COUNSEL FEES.

POINT [V]

A PLENARY HEARING IS NECESSARY TO
RESOLVE DISPUTED FACTS IN THIS MATTER.

POINT [VI]

DISCOVERY IS NECESSARY IN THESE
PROCEEDINGS.

POINT [VII]

THE ARBITRATION IS INCOMPLETE.

POINT [VIII]

THIS ARBITRATION AGREEMENT IS
UNCONSCIONABLE AND UNENFORCEABLE.

POINT [IX]

THE TRIAL [JUDGE] SHOULD HAVE GRANTED
THE PLAINTIFF'S MOTION TO DISQUALIFY.

We conclude that plaintiff's contentions are without sufficient merit to

warrant attention in this opinion. R. 2:11-3(e)(1)(E). We affirm substantially

for the comprehensive reasons expressed by Judge Byrne.

Affirmed.

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