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NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued March 27, 2002

Suzanne and Thomas Bracken appeal from a decision of the Commissioner of the Department of Community Affairs denying their claim for a defective roof under the New Home Warranty Security Program. This is the second time this case has come before us. In our earlier unreported opinion, we remanded the matter to the Commissioner for clarification of the grounds upon which she denied the Brackens’ claim and for further development and exploration of the issues presented. In her final decision on remand, the Commissioner concluded: (1) the Brackens’ claim was made prior to settlement and receipt of the certificate of occupancy from the builder and was thus not cognizable under the New Home Warranty Security Program, and (2) the Brackens’ claim was submitted to an arbitrator and was therefore barred by the statutory election of remedies provision. We affirm the Commissioner’s decision.

 
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