Jorge Weiss v. Emmitt Worthy

── Jorge Weiss v. Emmitt Worthy ── Court: New Jersey Superior Court Appellate Division Date: May 22, 2026 Category: General NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ."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-2735-24 JORGE WEISS, Plaintiff-Respondent, v. EMMITT WORTHY, Defendant-Appellant. __________________________ Submitted April 29, 2026 – Decided May 22, 2026 Before Judges Mayer and Vanek. On appeal from the Superior Court of New Jersey, Law Division, Morris County, Docket No. LT-000029-24. Emmitt Worthy, self-represented appellant. Respondent has not filed a brief. 1 PER CURIAM 1 Plaintiff submitted a non-participation letter.  Defendant Emmitt Worthy appeals from a March 28, 2025 order denying his motion to declare a certification with attached documents related to this landlord-tenant action confidential or, in the alternative delete the documents from the court's electronic filing system (eCourts). We affirm. I. After plaintiff Jorge Weiss filed an eviction action against defendant, the parties entered a February 8, 2024 consent judgment pursuant to Rule 6:6-4. The parties agreed in the consent judgment, commonly known as a "pay-and-go agreement," to the immediate entry of a judgment for possession. Defendant agreed to vacate from the leased premises on or prior to November 30, 2024. Plaintiff agreed no warrant of removal would be effectuated to remove defendant from the leased premises until at least noon on November 30, provided defendant continued to pay increased rent of $1,610 per month beginning in March. Defendant also agreed plaintiff could retain his security deposit. On November 15, defendant emailed plaintiff's counsel requesting an extension of the November 30, 2024 move-out date to August 2025, citing difficulty finding alternative housing. In exchange, defendant offered to pay additional increased rent in an amount to be negotiated. Defendant claimed plaintiff never responded to his request for a hardship stay. On December 17, A-2735-24 2 2024, plaintiff filed a certification asserting defendant had breached the consent judgment by failing to pay October and November 2024 rent and failing to vacate the premises by the agreed upon November 30 date. On December 19, 2024, defendant filed an order to show cause (OTSC) objecting to plaintiff's certification of breach claiming he had paid October and November 2024 rent and he needed additional time to move out. On January 3, 2025, the judge denied the OTSC and authorized the issuance of a warrant of removal. Defendant has not provided the transcript of the OTSC proceeding. A warrant of removal was issued on January 21, 2025. Two days later, plaintiff filed a second OTSC seeking reconsideration of the January 3 order. Defendant also requested a stay of the execution of the warrant of removal pending disposition of the second OTSC. Defendant again argued he paid rent in accordance with the consent judgment. The judge denied defendant's second OTSC in an order stating the application was duplicative of the first.2 Defendant has not provided a transcript of the second OTSC proceeding. On March 4, defendant filed a motion to classify eight eCourts transactions in the landlord-tenant action as confidential or to delete them from the case jacket,