In a Decision – S.C. v. Z.B., , (an "Unreported Decision") >> the Court Held:
The Appellate Division reversed and remanded the case because the Court on its own changed the claim from Criminal Mischief to Harassment even though the victim never changed her claim.
The court's finding violated her due process rights because the complaint did not allege she committed the predicate act of harassment, plaintiff never moved to amend the complaint to allege the predicate act of harassment and the court determined defendant committed the predicate act only after the close of evidence and based on its sua sponte amendment of the complaint during its decision on the merits.