New Jersey Superior Court, Appellate Division - Unpublished Opinions Decisions 2012
Opinions 501 - 1000 of 2280
IN THE MATTER OF THE PROBATE OF THE ALLEGED WILL OF JOAN PENNELLA Deceased
Date: October 17, 2012
Docket Number: a1958-11
Date: October 17, 2012
Docket Number: a1958-11
IN THE MATTER OF THE TENURE HEARING OF JOANNE BRUNO SOUTH HUNTERDON REGIONAL SCHOOL DISTRICT HUNTERDON COUNTY
Date: October 17, 2012
Docket Number: a3010-11
Date: October 17, 2012
Docket Number: a3010-11
PHILLIP A. DIXON v. NEW JERSEY DEPARTMENT OF CORRECTIONS
Date: October 17, 2012
Docket Number: a3432-10
Date: October 17, 2012
Docket Number: a3432-10
NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. C.D.
Date: October 16, 2012
Docket Number: a5842-10
Date: October 16, 2012
Docket Number: a5842-10
NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. A.V.
Date: October 15, 2012
Docket Number: a1416-11
Date: October 15, 2012
Docket Number: a1416-11
DYANNA C. PEPITONE v. THE ZONING BOARD OF ADJUSTMENT OF THE TOWN OF WESTFIELD
Date: October 12, 2012
Docket Number: a1257-11
Date: October 12, 2012
Docket Number: a1257-11
BASIL BRANDON v. NEW JERSEY DEPARTMENT OF CORRECTIONS
Date: October 12, 2012
Docket Number: a1763-11
Date: October 12, 2012
Docket Number: a1763-11
NZINGA JACKSON v. BOARD OF REVIEW DEPARTMENT OF LABOR AND WORKPLACE DEVELOPMENT
Date: October 12, 2012
Docket Number: a4569-10
Date: October 12, 2012
Docket Number: a4569-10
NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. E.F.
Date: October 12, 2012
Docket Number: a5894-10
Date: October 12, 2012
Docket Number: a5894-10
KENNETH RANSOME v. NEW JERSEY DEPARTMENT OF CORRECTIONS
Date: October 12, 2012
Docket Number: a5969-10
Date: October 12, 2012
Docket Number: a5969-10
NEW JERSEY DEPARTMENT OF EDUCATION COMPLAINT INVESTIGATION C2012-4341
Date: October 11, 2012
Docket Number: a1000-11
Date: October 11, 2012
Docket Number: a1000-11
IN THE MATTER OF THE APPLICATION OF ALEXANDER EVEN-ESH FOR A PERMIT TO CARRY A HANDGUN
Date: October 11, 2012
Docket Number: a3885-10
Date: October 11, 2012
Docket Number: a3885-10
NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. M.H.
Date: October 10, 2012
Docket Number: a1006-11
Date: October 10, 2012
Docket Number: a1006-11
HYER Builders, LLC v. Township OF Middletown Planning Board
Date: October 10, 2012
Docket Number: a1644-10
Date: October 10, 2012
Docket Number: a1644-10
IN RE CERTIFICATION OF FINAL VALUE OF DEVELOPMENT EASEMENT ON LANDS OF RIAMEDE FARM
Date: October 10, 2012
Docket Number: a3904-10
Date: October 10, 2012
Docket Number: a3904-10
HUDSON TROY TOWERS APARTMENT CORPORATION v. THEADORA MALFETTI
Date: October 9, 2012
Docket Number: a1637-10
Date: October 9, 2012
Docket Number: a1637-10
ROBERT JOYA v. DEPARTMENT OF TREASURY DIVISION OF PENSIONS AND BENEFITS
Date: October 9, 2012
Docket Number: a3616-10
Date: October 9, 2012
Docket Number: a3616-10
IN THE MATTER OF THE APPLICATION FOR EXPUNGEMENT OF THE CRIMINAL RECORDS OFC.C.
Date: October 5, 2012
Docket Number: a0718-11
Date: October 5, 2012
Docket Number: a0718-11
MELISSA WERTHMANN v. NEW JERSEY MANUFACTURERS INSURANCE COMPANY
Date: October 5, 2012
Docket Number: a1444-11
Date: October 5, 2012
Docket Number: a1444-11
PARK DEVELOPMENT WEST CONDOMINIUM ASSOCIATION INC v. MAL YON HONG
Date: October 5, 2012
Docket Number: a2194-11
Date: October 5, 2012
Docket Number: a2194-11
VESSELIN DITTRICH v. THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY
Date: October 4, 2012
Docket Number: a1289-11
Date: October 4, 2012
Docket Number: a1289-11
NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. D.S.B.
Date: October 4, 2012
Docket Number: a5952-10
Date: October 4, 2012
Docket Number: a5952-10
KRISTINE ZUTELL v. POLICE AND FIREMEN'S RETIREMENT SYSTEM
Date: October 3, 2012
Docket Number: a0065-11
Date: October 3, 2012
Docket Number: a0065-11
TAEA CROSS v. BOARD OF EDUCATION OF THE BOROUGH OF ELMWOOD PARK, BERGEN COUNTY
Date: October 3, 2012
Docket Number: a0188-11
Date: October 3, 2012
Docket Number: a0188-11
HELEN CHELOC v. BOARD OF EDUCATION OF THE CITY OF ELIZABETH UNION COUNTY
Date: October 3, 2012
Docket Number: a1885-11
Date: October 3, 2012
Docket Number: a1885-11
EDUCATION ASSOCIATION OF MT. OLIVE v. MT. OLIVE BOARD OF EDUCATION
Date: October 2, 2012
Docket Number: a2144-11
Date: October 2, 2012
Docket Number: a2144-11
IN THE MATTER OF THE COUNTY OF MERCER AND THE MERCER COUNTY PROSECUTOR'S OFFICE v. PROSECUTOR'S DETECTIVES AND INVESTIGATORS PBA LOCAL 339
Date: October 1, 2012
Docket Number: a1449-11
Date: October 1, 2012
Docket Number: a1449-11
AAA MID-ATLANTIC INSURANCE COMPANY OF NEW JERSEY v. SWSNUJ WAREHOUSING INC
Date: October 1, 2012
Docket Number: a2043-11
Date: October 1, 2012
Docket Number: a2043-11
BROOKS SLOATE TERRACE COOPERATIVE ASSOCIATION, INC v. LA DORA GRIFFIN
Date: October 1, 2012
Docket Number: a3521-11
Date: October 1, 2012
Docket Number: a3521-11
KARRIEM NUNALLY v. NEW JERSEY DEPARTMENT OF CORRECTIONS
Date: September 28, 2012
Docket Number: a0148-11
Date: September 28, 2012
Docket Number: a0148-11
MICHAEL R. BEADLING v. RODE'S FIRESIDE RESTAURANT AND TAVERN
Date: September 28, 2012
Docket Number: a0873-11
Date: September 28, 2012
Docket Number: a0873-11
STATE FARM FIRE AND CASUALTY COMPANY v. TIMOTHY SHEA CUMBERLAND MUTUAL FIRE INSURANCE COMPANY
Date: September 28, 2012
Docket Number: a4124-10
Date: September 28, 2012
Docket Number: a4124-10
NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. J.C.
Date: September 28, 2012
Docket Number: a5417-10
Date: September 28, 2012
Docket Number: a5417-10
NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. J.C.
Date: September 28, 2012
Docket Number: a5418-10
Date: September 28, 2012
Docket Number: a5418-10
JEFFREY S. CHIESA ATTORNEY GENERAL OF NEW JERSEY v. D. LOBI ENTERPRISES INC.
Date: September 28, 2012
Docket Number: a6070-09
Date: September 28, 2012
Docket Number: a6070-09
RHONDA REED-MONTIJO v. ORANGEL RODRIGUEZ AMERICAN LIMO SERVICES, LLC
Date: September 27, 2012
Docket Number: a1016-11
Date: September 27, 2012
Docket Number: a1016-11
WILLIAM STOVALL v. NEW JERSEY DEPARTMENT OF CORRECTIONS
Date: September 27, 2012
Docket Number: a3465-10
Date: September 27, 2012
Docket Number: a3465-10
ROBERT DIMARIA - v. NEW JERSEY DEPARTMENT OF CORRECTIONS TRAINING ACADEMY
Date: September 26, 2012
Docket Number: a1425-11
Date: September 26, 2012
Docket Number: a1425-11
SOMERSET DEVELOPMENT LLC and RALPH ZUCKER v. quot;CLEANER LAKEWOOD,"1 JOHN DOE and JOHN DOE NOS. 1-10 fictitious persons and entities -
Date: September 26, 2012
Docket Number: a2819-10
Date: September 26, 2012
Docket Number: a2819-10
STEVEN McKEE v. NEW JERSEY DEPARTMENT OF CORRECTIONS
Date: September 26, 2012
Docket Number: a5457-10
Date: September 26, 2012
Docket Number: a5457-10
IN THE MATTER OF GLOUCESTER COUNTY UTILITIES AUTHORITY WASTE WATER MANAGEMENT PLAN
Date: September 25, 2012
Docket Number: a2480-08
Date: September 25, 2012
Docket Number: a2480-08
IN THE MATTER OF GLOUCESTER COUNTY UTILITIES AUTHORITY WASTE WATER MANAGEMENT PLAN
Date: September 25, 2012
Docket Number: a2513-08
Date: September 25, 2012
Docket Number: a2513-08
IN THE MATTER OF GLOUCESTER COUNTY UTILITIES AUTHORITY WASTE WATER MANAGEMENT PLAN
Date: September 25, 2012
Docket Number: a2597-08
Date: September 25, 2012
Docket Number: a2597-08
PRECISION MIRROR & GLASS, INC v. LIBERTY VIEW CONSTRUCTION CORP
Date: September 25, 2012
Docket Number: a5171-10
Date: September 25, 2012
Docket Number: a5171-10
NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. J.S.
Date: September 24, 2012
Docket Number: a0325-11
Date: September 24, 2012
Docket Number: a0325-11
NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. H.R.
Date: September 24, 2012
Docket Number: a5897-10
Date: September 24, 2012
Docket Number: a5897-10
GINSBURG DEVELOPMENT COMPANIES L.L.C v. TOWNSHIP OF HARRISON
Date: September 21, 2012
Docket Number: a6129-10
Date: September 21, 2012
Docket Number: a6129-10
GREATER NEW YORK MUTUAL INSURANCE COMPANY v. CALCAGNO & ASSOCIATES, LLC
Date: September 20, 2012
Docket Number: a0900-11
Date: September 20, 2012
Docket Number: a0900-11
ANTHONY M. CIBIK v. BOARD OF REVIEW DEPARTMENT OF LABOR
Date: September 20, 2012
Docket Number: a4749-10
Date: September 20, 2012
Docket Number: a4749-10
NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. C.G.
Date: September 20, 2012
Docket Number: a6151-10
Date: September 20, 2012
Docket Number: a6151-10
NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. S.F.
Date: September 18, 2012
Docket Number: a1417-11
Date: September 18, 2012
Docket Number: a1417-11
HENRY LOTERO v. NEW JERSEY DEPARTMENT OF CORRECTIONS
Date: September 18, 2012
Docket Number: a4645-10
Date: September 18, 2012
Docket Number: a4645-10
NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. J.G.
Date: September 18, 2012
Docket Number: a5569-10
Date: September 18, 2012
Docket Number: a5569-10
NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. J.G.
Date: September 18, 2012
Docket Number: a5573-10
Date: September 18, 2012
Docket Number: a5573-10
ANTHONY HARDAWAY v. NEW JERSEY DEPARTMENT OF CORRECTIONS
Date: September 17, 2012
Docket Number: a4298-10
Date: September 17, 2012
Docket Number: a4298-10
JUAN QUINONES v. THE NEW JERSEY DEPARTMENT OF CORRECTIONS
Date: September 14, 2012
Docket Number: a5383-10
Date: September 14, 2012
Docket Number: a5383-10
180 TURNING LIVES AROUND, INC v. THE ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF MIDDLETOWN
Date: September 13, 2012
Docket Number: a4907-10
Date: September 13, 2012
Docket Number: a4907-10
180 TURNING LIVES AROUND, INC v. THE ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF MIDDLETOWN
Date: September 13, 2012
Docket Number: a6057-09
Date: September 13, 2012
Docket Number: a6057-09
FRANCO COZZOLINO v. BOARD OF EDUCATION OF THE TOWNSHIP OF WEST ORANGE
Date: September 12, 2012
Docket Number: a5455-10
Date: September 12, 2012
Docket Number: a5455-10
IN THE MATTER OF THE EXPUNGEMENT APPLICATION OF DAVID HOHSFIELD
Date: September 11, 2012
Docket Number: a0055-10
Date: September 11, 2012
Docket Number: a0055-10
ASSOCIATED BUILDING MAINTENANCE CORPORATION, INC. v. BASSAM CAPTAN UNDERSTANDING SERVICES, INC.
Date: September 11, 2012
Docket Number: a5834-10
Date: September 11, 2012
Docket Number: a5834-10
JANET OFORI v. UNIVERSITY OF MEDICINE AND DENTISTRY OF NEW JERSEY
Date: September 10, 2012
Docket Number: a5048-10
Date: September 10, 2012
Docket Number: a5048-10
NEW JERSEY MUNICIPAL ENVIRONMENTAL RISK MANAGEMENT FUND v. KILLAM ASSOCIATES CONSULTING ENGINEERS
Date: September 7, 2012
Docket Number: a1336-10
Date: September 7, 2012
Docket Number: a1336-10
LAUREN KAUFMAN v. ALLSTATE NEW JERSEY INSURANCE COMPANY
Date: September 7, 2012
Docket Number: a3704-10
Date: September 7, 2012
Docket Number: a3704-10
IN THE MATTER OF THE REAL AND PERSONAL PROPERTY OF CARL BEKYSEWYCZ DECEASED
Date: September 6, 2012
Docket Number: a4455-09
Date: September 6, 2012
Docket Number: a4455-09
PATRICK SMITH, JR v. TOYS "R" US, INC v. WILLSTAFF CRYSTAL INC
Date: September 5, 2012
Docket Number: a1635-10
Date: September 5, 2012
Docket Number: a1635-10
STATE OF NEW JERSEY v. RAHEEM A. PAMPLIN a/k/a RASHEEM MCAIR and TREMPLIN PAMPLIN
Date: September 4, 2012
Docket Number: a1008-10
Date: September 4, 2012
Docket Number: a1008-10
RADIANT GLOBAL LOGISTICS, INC. v. CARGO WAREHOUSE DISTRIBUTION SERVICES, INC.
Date: September 4, 2012
Docket Number: a3966-10
Date: September 4, 2012
Docket Number: a3966-10
385 PROSPECT PLAZA LLC v. ZONING BOARD OF ADJUSTMENT OF THE CITY OF HACKENSACK
Date: August 30, 2012
Docket Number: a4011-10
Date: August 30, 2012
Docket Number: a4011-10
LAURA PROANO v. NEW JERSEY VICTIMS OF CRIME COMPENSATION REVIEW BOARD
Date: August 30, 2012
Docket Number: a5648-10
Date: August 30, 2012
Docket Number: a5648-10
STATE OF NEW JERSEY IN THE INTEREST OF M.G.B., a Juvenile
Date: August 29, 2012
Docket Number: a0508-10
Date: August 29, 2012
Docket Number: a0508-10
NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. T.S.
Date: August 29, 2012
Docket Number: a0508-11
Date: August 29, 2012
Docket Number: a0508-11
RUTGERS CASUALTY INSURANCE COMPANY v. NEW JERSEY PROPERTY-LIABILITY INSURANCE GUARANTY ASSOCIATION
Date: August 29, 2012
Docket Number: a2788-10
Date: August 29, 2012
Docket Number: a2788-10
IN THE MATTER OF THE CIVIL COMMITMENT OF W.A., SVP-183-01
Date: August 29, 2012
Docket Number: a3493-11
Date: August 29, 2012
Docket Number: a3493-11
BOBBI MERCE FOR DONALD MERCE v. TEACHERS' PENSION AND ANNUITY FUND
Date: August 28, 2012
Docket Number: a0540-11
Date: August 28, 2012
Docket Number: a0540-11
TOWNSHIP OF VOORHEES v. VOORHEES POLICE OFFICERS ASSOCIATION
Date: August 28, 2012
Docket Number: a1742-11
Date: August 28, 2012
Docket Number: a1742-11
Robert W. Gilvey v. Creative Dimensions in Education, Inc.
Date: August 28, 2012
Docket Number: a3217-10
Date: August 28, 2012
Docket Number: a3217-10
JERMAINE GOINES v. NEW JERSEY DEPARTMENT OF CORRECTIONS
Date: August 27, 2012
Docket Number: a0131-11
Date: August 27, 2012
Docket Number: a0131-11
STEVEN L. HYMAN v. CITY OF JERSEY CITY and GOVERNMENT RECORDS COUNCIL
Date: August 27, 2012
Docket Number: a0789-10
Date: August 27, 2012
Docket Number: a0789-10
ESTATE OF RICHARD PAUL DECEASED v. NEW YORK LIFE INSURANCE COMPANY
Date: August 27, 2012
Docket Number: a2648-10
Date: August 27, 2012
Docket Number: a2648-10
CHAIM FISHER v. CATASTROPHIC ILLNESS IN CHILDREN RELIEF FUND COMMISSION
Date: August 27, 2012
Docket Number: a6050-10
Date: August 27, 2012
Docket Number: a6050-10
GLADYNE FRANCHINI v. BEVERLY HILLS TERRACE CONDOMINIUM ASSOCIATION
Date: August 27, 2012
Docket Number: a6221-10
Date: August 27, 2012
Docket Number: a6221-10
IN THE MATTER OF PROTEST OF IN THE MATTER OF PROTEST OF B&L TIRE SERVICE, INC.
Date: August 24, 2012
Docket Number: a3784-10
Date: August 24, 2012
Docket Number: a3784-10
LEMUEL SHAMBRY v. NEW JERSEY DEPARTMENT OF CORRECTIONS
Date: August 24, 2012
Docket Number: a4729-10
Date: August 24, 2012
Docket Number: a4729-10
IN THE MATTER OF TROY HESSE, CENTRAL OFFICE POLICE DEPARTMENT OF HUMAN SERVICES
Date: August 23, 2012
Docket Number: a4089-10
Date: August 23, 2012
Docket Number: a4089-10
ALI ENTERPRISES, L.L.C v. CITY OF SUMMIT ZONING BOARD OF ADJUSTMENT
Date: August 20, 2012
Docket Number: a0381-11
Date: August 20, 2012
Docket Number: a0381-11
VILLAGE SUPER MARKET INC v. BOROUGH OF GARWOOD PLANNING BOARD
Date: August 20, 2012
Docket Number: a1262-11
Date: August 20, 2012
Docket Number: a1262-11
STEVEN L. GROSSBERG v. CHUBB INSURANCE COMPANY OF NEW JERSEY
Date: August 20, 2012
Docket Number: a3724-10
Date: August 20, 2012
Docket Number: a3724-10
IN THE MATTER OF A PILOT PROGRAM ALLOWING SUB-METERING
Date: August 17, 2012
Docket Number: a2106-09
Date: August 17, 2012
Docket Number: a2106-09
IN THE MATTER OF A PILOT PROGRAM ALLOWING SUB-METERING
Date: August 17, 2012
Docket Number: a2148-09
Date: August 17, 2012
Docket Number: a2148-09
DIVISION OF YOUTH AND FAMILY SERVICES v. J.M IN THE MATTER OF R.M., a Minor
Date: August 16, 2012
Docket Number: a1252-11
Date: August 16, 2012
Docket Number: a1252-11
JOHN M. CUSTIN v. BOARD OF REVIEW and WALMART ASSOCIATES INC
Date: August 16, 2012
Docket Number: a2762-10
Date: August 16, 2012
Docket Number: a2762-10
WILENTZ, GOLDMAN & SPITZER P.A v. LINDA PAGANO
Date: August 14, 2012
Docket Number: a0694-11 PER CURIAM Defendant, counterclaimant and third-party plaintiff, Linda Pagano, appeals from an order of the trial court dismissing her counterclaim for legal malpractice against plaintiff, the law firm of Wilentz Goldman & Spitzer, P.A. (Wilentz), and her third-party complaint against the firm's attorneys, David Wildstein and Albertina Webb, as the result of her inability to prove damages. We affirm.
Date: August 14, 2012
Docket Number: a0694-11 PER CURIAM Defendant, counterclaimant and third-party plaintiff, Linda Pagano, appeals from an order of the trial court dismissing her counterclaim for legal malpractice against plaintiff, the law firm of Wilentz Goldman & Spitzer, P.A. (Wilentz), and her third-party complaint against the firm's attorneys, David Wildstein and Albertina Webb, as the result of her inability to prove damages. We affirm.
JOHN KLIEVER - v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION LAND USE MANAGEMENT
Date: August 10, 2012
Docket Number: a0047-10 PER CURIAM The Ridge at Saddle River, LLC (The Ridge), owner of real property located in Saddle River and Woodcliff Lake, appeals from the final agency decision of the Commissioner (the Commissioner) of the New Jersey Department of Environmental Protection (DEP).
Date: August 10, 2012
Docket Number: a0047-10 PER CURIAM The Ridge at Saddle River, LLC (The Ridge), owner of real property located in Saddle River and Woodcliff Lake, appeals from the final agency decision of the Commissioner (the Commissioner) of the New Jersey Department of Environmental Protection (DEP).
Dr. Zhu Investment Trade Corp v. Natural Food Import USA, Inc
Date: August 10, 2012
Docket Number: a0514-11
Date: August 10, 2012
Docket Number: a0514-11
LARISSA SAPIA v. HUNTERDON COUNTY YMCA
Date: August 10, 2012
Docket Number: a0902-11 PER CURIAM Plaintiff Larissa Sapia appeals from the summary judgment dismissal of her negligence complaint against defendant, the Hunterdon County YMCA (YMCA). We affirm. We present the facts in a light most favorable to plaintiff, the party opposing summary judgment. Livsey v. Mercury Ins. Grp., 197 N.J. 522, 525 n.1 (2009); Brill v. Guardian Life Ins. Co. of Am., 142 N.J. 520, 523 (1995).
Date: August 10, 2012
Docket Number: a0902-11 PER CURIAM Plaintiff Larissa Sapia appeals from the summary judgment dismissal of her negligence complaint against defendant, the Hunterdon County YMCA (YMCA). We affirm. We present the facts in a light most favorable to plaintiff, the party opposing summary judgment. Livsey v. Mercury Ins. Grp., 197 N.J. 522, 525 n.1 (2009); Brill v. Guardian Life Ins. Co. of Am., 142 N.J. 520, 523 (1995).
HERM REALTY GROUP, LLC v. LAND USE BOARD OF THE BOROUGH OF BEACH HAVEN
Date: August 9, 2012
Docket Number: a0416-10
Date: August 9, 2012
Docket Number: a0416-10
ERLY H. HERNANDEZ v. TOYS "R" US INC
Date: August 9, 2012
Docket Number: a0826-11 PER CURIAM Plaintiff, Erly Hernandez, appeals from the dismissal, pursuant to Rule 4:6-2(e), of her complaint against her former employer, Toys "R" Us, Inc. In that complaint, plaintiff claimed that Toys "R" Us had breached an implied contract arising from the company's Policy and Procedures Manual that she alleged guaranteed her a peer review process in connection with an appeal of her termination for cause. We affirm.
Date: August 9, 2012
Docket Number: a0826-11 PER CURIAM Plaintiff, Erly Hernandez, appeals from the dismissal, pursuant to Rule 4:6-2(e), of her complaint against her former employer, Toys "R" Us, Inc. In that complaint, plaintiff claimed that Toys "R" Us had breached an implied contract arising from the company's Policy and Procedures Manual that she alleged guaranteed her a peer review process in connection with an appeal of her termination for cause. We affirm.
ARTHUR MARGEOTES v. OFFICE OF THE PASSAIC COUNTY PROSECUTOR
Date: August 8, 2012
Docket Number: a0029-10 PER CURIAM Plaintiff, Arthur Margeotes, appeals from the August 6, 2010 Law Division order denying his motion for a new trial or a judgment not withstanding the verdict (JNOV) after a jury returned a no cause verdict in his wrongful termination suit against defendants the Passaic County Prosecutor's Office (Prosecutor's Office) and James Avigliano, a former Passaic County Prosecutor. Because we are satisfied that no miscarriage of justice occurred, we affirm.
Date: August 8, 2012
Docket Number: a0029-10 PER CURIAM Plaintiff, Arthur Margeotes, appeals from the August 6, 2010 Law Division order denying his motion for a new trial or a judgment not withstanding the verdict (JNOV) after a jury returned a no cause verdict in his wrongful termination suit against defendants the Passaic County Prosecutor's Office (Prosecutor's Office) and James Avigliano, a former Passaic County Prosecutor. Because we are satisfied that no miscarriage of justice occurred, we affirm.
IN THE MATTER OF THE TENURE HEARING OF ANTHONY COLUCCIO, JR
Date: August 6, 2012
Docket Number: a0772-11 PER CURIAM Anthony Coluccio, Jr. (Coluccio) appeals from a final determination of the Commissioner of Education (Commissioner) removing him from his tenured position as a teacher with the New Jersey Department of Corrections (Department). We affirm. Coluccio was employed as a cosmetology teacher at the Department's Edna Mahan Correctional Facility for Women (Edna Mahan or the facility). On June 24, 2009, the Department filed a preliminary notice of disciplinary action, alleging that Coluccio had an improper relationship with Heather Lindorff (Lindorff), an inmate at Edna Mahan, who was serving a six-year sentence. Coluccio was charged with conduct unbecoming an employee, improper and unauthorized contact with an inmate, and sexual harassment or discrimination.
Date: August 6, 2012
Docket Number: a0772-11 PER CURIAM Anthony Coluccio, Jr. (Coluccio) appeals from a final determination of the Commissioner of Education (Commissioner) removing him from his tenured position as a teacher with the New Jersey Department of Corrections (Department). We affirm. Coluccio was employed as a cosmetology teacher at the Department's Edna Mahan Correctional Facility for Women (Edna Mahan or the facility). On June 24, 2009, the Department filed a preliminary notice of disciplinary action, alleging that Coluccio had an improper relationship with Heather Lindorff (Lindorff), an inmate at Edna Mahan, who was serving a six-year sentence. Coluccio was charged with conduct unbecoming an employee, improper and unauthorized contact with an inmate, and sexual harassment or discrimination.
DASHI SLATINA v. D. CONSTRUCTION CORP
Date: August 3, 2012
Docket Number: a0851-10 PER CURIAM Dashi Slatina suffered serious injuries when a masonry wall he was erecting toppled on him. He timely filed suit against Newport Associates Development Company (Newport), who he alleged was the owner and or general contractor. Over two years after the suit was filed, Newport obtained summary judgment dismissing the complaint with prejudice. Newport initially admitted in its answer to the complaint that it owned the property "at all relevant times" but in its summary judgment motion, Newport argued successfully it was not liable because it had sold the property the year before the accident to Shore Club North Urban Renewal Company, LLC (Shore North Urban), which hired Shore Club North Construction Company, LLC (Shore North Construction) to erect the building. Promptly after judgment, plaintiff moved to reinstate the complaint to enable him to amend it to add the actual owner and general contractor. Finding no basis to reconsider summary judgment under Rule 4:49-2, the court denied the motion to amend because the complaint remained dismissed.
Date: August 3, 2012
Docket Number: a0851-10 PER CURIAM Dashi Slatina suffered serious injuries when a masonry wall he was erecting toppled on him. He timely filed suit against Newport Associates Development Company (Newport), who he alleged was the owner and or general contractor. Over two years after the suit was filed, Newport obtained summary judgment dismissing the complaint with prejudice. Newport initially admitted in its answer to the complaint that it owned the property "at all relevant times" but in its summary judgment motion, Newport argued successfully it was not liable because it had sold the property the year before the accident to Shore Club North Urban Renewal Company, LLC (Shore North Urban), which hired Shore Club North Construction Company, LLC (Shore North Construction) to erect the building. Promptly after judgment, plaintiff moved to reinstate the complaint to enable him to amend it to add the actual owner and general contractor. Finding no basis to reconsider summary judgment under Rule 4:49-2, the court denied the motion to amend because the complaint remained dismissed.
STATE OF NEW JERSEY v. JAKEEM POPE
Date: August 1, 2012
Docket Number: a0883-10 PER CURIAM Defendant was indicted for purposeful or knowing murder, in violation of N.J.S.A. 2C:11-3(a)(1) or (2); possession of a handgun without a permit, in violation of N.J.S.A. 2C:39-5(b); possession of a weapon for an unlawful purpose, in violation of N.J.S.A. 2C:39-4(a); witness tampering, in violation of N.J.S.A. 2C:28-5; and various other offenses. Defendant's motion to sever the witness tampering charge was denied. A jury acquitted defendant of purposeful or knowing murder but found him guilty of the lesser-included offense of aggravated manslaughter, in violation of N.J.S.A. 2C:11-4(a). The jury also found defendant guilty of possession of a handgun without a permit and possession of a weapon for an unlawful purpose. The jury acquitted defendant of the remaining charges, including witness tampering.
Date: August 1, 2012
Docket Number: a0883-10 PER CURIAM Defendant was indicted for purposeful or knowing murder, in violation of N.J.S.A. 2C:11-3(a)(1) or (2); possession of a handgun without a permit, in violation of N.J.S.A. 2C:39-5(b); possession of a weapon for an unlawful purpose, in violation of N.J.S.A. 2C:39-4(a); witness tampering, in violation of N.J.S.A. 2C:28-5; and various other offenses. Defendant's motion to sever the witness tampering charge was denied. A jury acquitted defendant of purposeful or knowing murder but found him guilty of the lesser-included offense of aggravated manslaughter, in violation of N.J.S.A. 2C:11-4(a). The jury also found defendant guilty of possession of a handgun without a permit and possession of a weapon for an unlawful purpose. The jury acquitted defendant of the remaining charges, including witness tampering.
IN RE APPLICATION OF EUCLIDES MOYA FOR THE RETURN OF A HANDGUN
Date: August 1, 2012
Docket Number: a4462-10
Date: August 1, 2012
Docket Number: a4462-10
LAWSON MCELROY - v. BOARD OF TRUSTEES PUBLIC EMPLOYEES' RETIREMENT SYSTEM -
Date: July 31, 2012
Docket Number: a0536-10
Date: July 31, 2012
Docket Number: a0536-10
STATE OF NEW JERSEY v. PHILLIP S. SILVERS
Date: July 25, 2012
Docket Number: a0697-10 PER CURIAM Following a jury trial, defendant, Phillip S. Silvers, was convicted of third-degree theft by unlawful taking, N.J.S.A. 2C:20-3; and third-degree conspiracy with co-defendant Crystal M. Studstill, to commit theft, N.J.S.A. 2C:5-2 and 2C:20-3. Prior to sentencing, defendant moved for a judgment of acquittal and for a new trial, arguing that the jury did not deliberate for a sufficient period of time, and the State failed to prove that the amount of the theft exceeded $500. The judge denied defendant's motions, as well as the State's motion for imposition of an extended term. After merging the conspiracy conviction into the theft conviction, the judge imposed a five-year term with a thirty-month period of parole ineligibility. We affirm. At trial, two witnesses testified for the State. Defendant did not testify or present any witnesses. In his opening statement, the Assistant Prosecutor made the following comment:
Date: July 25, 2012
Docket Number: a0697-10 PER CURIAM Following a jury trial, defendant, Phillip S. Silvers, was convicted of third-degree theft by unlawful taking, N.J.S.A. 2C:20-3; and third-degree conspiracy with co-defendant Crystal M. Studstill, to commit theft, N.J.S.A. 2C:5-2 and 2C:20-3. Prior to sentencing, defendant moved for a judgment of acquittal and for a new trial, arguing that the jury did not deliberate for a sufficient period of time, and the State failed to prove that the amount of the theft exceeded $500. The judge denied defendant's motions, as well as the State's motion for imposition of an extended term. After merging the conspiracy conviction into the theft conviction, the judge imposed a five-year term with a thirty-month period of parole ineligibility. We affirm. At trial, two witnesses testified for the State. Defendant did not testify or present any witnesses. In his opening statement, the Assistant Prosecutor made the following comment:
JAMES MURPHY v. COUNTY OF OCEAN
Date: July 25, 2012
Docket Number: a0827-11 PER CURIAM Defendant County of Ocean appeals from the Law Division's orders: denying its motion to dismiss the complaint of plaintiff, James Murphy, and granting plaintiff's cross-motion to file a late notice of claim under the Tort Claims Act (the TCA), N.J.S.A. 59:1-1 to 12-3; and denying defendant's subsequent motion for reconsideration.1 We have considered the arguments raised on appeal in light of the record and applicable legal standards. We reverse.
Date: July 25, 2012
Docket Number: a0827-11 PER CURIAM Defendant County of Ocean appeals from the Law Division's orders: denying its motion to dismiss the complaint of plaintiff, James Murphy, and granting plaintiff's cross-motion to file a late notice of claim under the Tort Claims Act (the TCA), N.J.S.A. 59:1-1 to 12-3; and denying defendant's subsequent motion for reconsideration.1 We have considered the arguments raised on appeal in light of the record and applicable legal standards. We reverse.
CONVENT MEWS ASSOCIATION, INC v. JAMES C. BENSON
Date: July 24, 2012
Docket Number: a0844-11 PER CURIAM Defendant James C. Benson appeals from the Chancery Division's October 3, 2011 order, which denied his motion to reconsider and vacate a prior order of the Chancery Division which restrained defendant from attending board meetings of the Convent Mews Association, Inc., and limited his contact with individual members of the condominium board. This is defendant's fifth plenary appeal seeking to abate the permanent restraints imposed upon his interactions with plaintiff.1
Date: July 24, 2012
Docket Number: a0844-11 PER CURIAM Defendant James C. Benson appeals from the Chancery Division's October 3, 2011 order, which denied his motion to reconsider and vacate a prior order of the Chancery Division which restrained defendant from attending board meetings of the Convent Mews Association, Inc., and limited his contact with individual members of the condominium board. This is defendant's fifth plenary appeal seeking to abate the permanent restraints imposed upon his interactions with plaintiff.1
CHARLES CICALA v. CITY OF BRIGANTINE COUNTY OF ATLANTIC, STATE OF NEW JERSEY
Date: July 24, 2012
Docket Number: a4545-10
Date: July 24, 2012
Docket Number: a4545-10
ROBERT ROSENBLATT v. PAUL CAMELLA
Date: July 20, 2012
Docket Number: a0713-11 PER CURIAM By leave granted, defendant Paul Camella appeals from a September 2, 2011 order, denying his summary judgment motion seeking dismissal of a defamation complaint filed by plaintiff Robert Rosenblatt. For the reasons that follow, we reverse the order on appeal, and remand this matter to the trial court for further proceedings.
Date: July 20, 2012
Docket Number: a0713-11 PER CURIAM By leave granted, defendant Paul Camella appeals from a September 2, 2011 order, denying his summary judgment motion seeking dismissal of a defamation complaint filed by plaintiff Robert Rosenblatt. For the reasons that follow, we reverse the order on appeal, and remand this matter to the trial court for further proceedings.
SUPREME SECURITY SYSTEMS, INC v. AARON MEDICAL TRANSPORTATION INC.
Date: July 19, 2012
Docket Number: a0868-11
Date: July 19, 2012
Docket Number: a0868-11
THOMAS SHAPPELL v. BOARD OF TRUSTEES PUBLIC EMPLOYEES RETIREMENT SYSTEM
Date: July 18, 2012
Docket Number: a3210-10
Date: July 18, 2012
Docket Number: a3210-10
CHERYL CLARK, R.N v. NEW JERSEY DEPARTMENT OF CORRECTIONS
Date: July 17, 2012
Docket Number: a0245-10
Date: July 17, 2012
Docket Number: a0245-10
WALDWICK AUTO SERVICES INC v. ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF WALDWICK
Date: July 17, 2012
Docket Number: a2477-10
Date: July 17, 2012
Docket Number: a2477-10
IN THE MATTER OF JAMES WALKER CENTRAL OFFICE POLICE DEPARTMENT OF HUMAN SERVICES
Date: July 17, 2012
Docket Number: a5069-10
Date: July 17, 2012
Docket Number: a5069-10
JEFFREY R. JERMAN v. THE ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF LACEY
Date: July 16, 2012
Docket Number: a4012-10
Date: July 16, 2012
Docket Number: a4012-10
NEW JERSEY MOTOR VEHICLE COMMISSION - v. EUGENE S. PAK -
Date: July 16, 2012
Docket Number: a4268-10
Date: July 16, 2012
Docket Number: a4268-10
DIVISION OF YOUTH AND FAMILY SERVICES v. B.D. and A.R.D., SR
Date: July 16, 2012
Docket Number: a4428-10
Date: July 16, 2012
Docket Number: a4428-10
DIVISION OF YOUTH AND FAMILY SERVICES v. B.D. and A.R.D., SR
Date: July 16, 2012
Docket Number: a4512-10
Date: July 16, 2012
Docket Number: a4512-10
STATE OF NEW JERSEY BUREAU OF HOUSING INSPECTION v. EDWARD J. GIERMANSKI
Date: July 13, 2012
Docket Number: a2047-10
Date: July 13, 2012
Docket Number: a2047-10
STATE OF NEW JERSEY v. 569,950 IN UNITED STATES CURRENCY
Date: July 13, 2012
Docket Number: a6254-10
Date: July 13, 2012
Docket Number: a6254-10
JEFFREY M. BELLO v. MERRIMACK MUTUAL FIRE INSURANCE COMPANY
Date: July 12, 2012
Docket Number: a4750-10
Date: July 12, 2012
Docket Number: a4750-10
OF YOUTH AND FAMILY SERVICES v. K.C and A.J.C IN THE MATTER OF THE GUARDIANSHIP OF H.B.R.C a Minor
Date: July 11, 2012
Docket Number: a5013-10
Date: July 11, 2012
Docket Number: a5013-10
BROCKWELL & CARRINGTON CONTRACTORS, INC v. FOUR STRONG BUILDERS INC
Date: July 10, 2012
Docket Number: a4876-10
Date: July 10, 2012
Docket Number: a4876-10
TIMOTHY T. KARAKASIAN v. DETECTIVE SERGEANT WILLIAM COVERT
Date: July 10, 2012
Docket Number: a5070-10
Date: July 10, 2012
Docket Number: a5070-10
RATIONAL CONTRACTING INC v. CONGREGATION AGUDATH ISRAEL OF WEST ESSEX
Date: July 10, 2012
Docket Number: a5644-10
Date: July 10, 2012
Docket Number: a5644-10
DIVISION OF YOUTH AND FAMILY SERVICES v. E.R IN THE MATTER OF M.L.A. and A.G Minors
Date: July 10, 2012
Docket Number: a5840-10
Date: July 10, 2012
Docket Number: a5840-10
STATE OF NEW JERSEY v. JOSE SANCHEZ, a/k/a FELIX SANTIAGO 2012 -
Date: July 6, 2012
Docket Number: a0449-10 PER CURIAM Defendant Jose Sanchez, who is also known as Felix Santiago, appeals from an order entered on March 26, 2010, denying his petition for post-conviction relief (PCR). Defendant presents the following arguments on appeal:
Date: July 6, 2012
Docket Number: a0449-10 PER CURIAM Defendant Jose Sanchez, who is also known as Felix Santiago, appeals from an order entered on March 26, 2010, denying his petition for post-conviction relief (PCR). Defendant presents the following arguments on appeal:
STATE OF NEW JERSEY v. LARRY LEONARD
Date: July 6, 2012
Docket Number: a3189-09 PER CURIAM Defendant, Larry Leonard, appeals from the denial of his first petition for post-conviction relief (PCR). We affirm. Defendant entered into an agreement with the State to plead guilty to first-degree carjacking, N.J.S.A. 2C:15-2. In exchange, the State agreed to dismiss the remaining nine1 counts of Indictment No. 03-10-01131 and to recommend a custodial term not to exceed fifteen years with a NERA2 period of parole ineligibility.
Date: July 6, 2012
Docket Number: a3189-09 PER CURIAM Defendant, Larry Leonard, appeals from the denial of his first petition for post-conviction relief (PCR). We affirm. Defendant entered into an agreement with the State to plead guilty to first-degree carjacking, N.J.S.A. 2C:15-2. In exchange, the State agreed to dismiss the remaining nine1 counts of Indictment No. 03-10-01131 and to recommend a custodial term not to exceed fifteen years with a NERA2 period of parole ineligibility.
BRIJAL SONI, as Administratrix Ad Prosequendum and General Administrator of the Estate of Niranjankumar Soni and BRIJAL SONI, as guardian ad litem of Alkaben Soni, and ALKABEN SONI individually v. TOWNSHIP OF WOODBRIDGE and NEW JERSEY TRANSIT - and TO
Date: July 6, 2012
Docket Number: a4483-10
Date: July 6, 2012
Docket Number: a4483-10
KYOON and AEHYUN SHIN JOHN and MARIE STEINDL LOUISE WEXLER, STACY and MICHAEL KLEIN, JAY D AND SOON S. LEE, DO SUK KEY and YONG EUN LEE ELLIOT R and SHELLY REED, ALAN and MICHELE WEISBERG, YOUNG A. SOHN MORRIS and MARGARET ANNUNZIATO YOUNG M. KIN, MARIO S
Date: July 6, 2012
Docket Number: a4927-10
Date: July 6, 2012
Docket Number: a4927-10
KYOON and AEHYUN SHIN JOHN and MARIE STEINDL LOUISE WEXLER, STACY and MICHAEL KLEIN, JAY D AND SOON S. LEE, DO SUK KEY and YONG EUN LEE ELLIOT R and SHELLY REED, ALAN and MICHELE WEISBERG, YOUNG A. SOHN MORRIS and MARGARET ANNUNZIATO YOUNG M. KIN, MARIO S
Date: July 6, 2012
Docket Number: a5159-10
Date: July 6, 2012
Docket Number: a5159-10
KYOON and AEHYUN SHIN JOHN and MARIE STEINDL LOUISE WEXLER, STACY and MICHAEL KLEIN, JAY D AND SOON S. LEE, DO SUK KEY and YONG EUN LEE ELLIOT R and SHELLY REED, ALAN and MICHELE WEISBERG, YOUNG A. SOHN MORRIS and MARGARET ANNUNZIATO YOUNG M. KIN, MARIO S
Date: July 6, 2012
Docket Number: a5195-10
Date: July 6, 2012
Docket Number: a5195-10
KYOON and AEHYUN SHIN JOHN and MARIE STEINDL LOUISE WEXLER, STACY and MICHAEL KLEIN, JAY D AND SOON S. LEE, DO SUK KEY and YONG EUN LEE ELLIOT R and SHELLY REED, ALAN and MICHELE WEISBERG, YOUNG A. SOHN MORRIS and MARGARET ANNUNZIATO YOUNG M. KIN, MARIO S
Date: July 6, 2012
Docket Number: a5196-10
Date: July 6, 2012
Docket Number: a5196-10
KYOON and AEHYUN SHIN JOHN and MARIE STEINDL LOUISE WEXLER, STACY and MICHAEL KLEIN, JAY D AND SOON S. LEE, DO SUK KEY and YONG EUN LEE ELLIOT R and SHELLY REED, ALAN and MICHELE WEISBERG, YOUNG A. SOHN MORRIS and MARGARET ANNUNZIATO YOUNG M. KIN, MARIO S
Date: July 6, 2012
Docket Number: a5968-10
Date: July 6, 2012
Docket Number: a5968-10
ALON FRUMER and MICHELLE BERLINER FRUMER v. NATIONAL HOME INSURANCE COMPANY1 and HOME BUYERS WARRANTY CORPORATION III - and CONCORD VALLEY DEVELOPMENT, LLC JAVELYN DEVELOPMENT LLC; JACK NELSON; LEONARD KRIMSKY; EVELYN KRIMSKY; DESIGN BUILD CONSTRUCTIO
Date: July 6, 2012
Docket Number: a6157-10
Date: July 6, 2012
Docket Number: a6157-10
VIAMARE, LLC and KUN WEN CHEN v. BOROUGH OF SOMERVILLE and FRANK VUOSO - VIAMARE, L.L.C v. BOROUGH OF SOMERVILLE AND BOARD OF ADJUSTMENT OF THE BOROUGH OF SOMERVILLE -
Date: July 5, 2012
Docket Number: a0060-11
Date: July 5, 2012
Docket Number: a0060-11
DEB ASSOCIATES AND JOSEPH ROLANDELLI v. FOREVER YOUNG MEDICAL DAYCARE, LLC and MARIA KIPNIS, MARINA NABUTOVSKAYA, MARIYA TOLCHEVA, SVETLANA KESTEL, JOSEPH RODRIGUES ESTATE OF DEAN RICCIARDI and SUSAN RICCIARDI
Date: July 5, 2012
Docket Number: a0101-11 PER CURIAM Defendants Forever Young Medical Daycare LLC (Forever Young), Maria Kipnis, Marina Nabutovskaya, Mariya Tolcheva, Svetlana Kestel, Joseph Rodrigues, the Estate of Dean Ricciardi and Susan Ricciardi (collectively, defendants) appeal from the Law Division's June 14, 2011 order enforcing a settlement reached with plaintiff Deb Associates (Deb) three years earlier, and ordering the immediate retroactive payment of all monies thereunder. We have considered the arguments raised in light of the record and applicable legal standards. We reverse.
Date: July 5, 2012
Docket Number: a0101-11 PER CURIAM Defendants Forever Young Medical Daycare LLC (Forever Young), Maria Kipnis, Marina Nabutovskaya, Mariya Tolcheva, Svetlana Kestel, Joseph Rodrigues, the Estate of Dean Ricciardi and Susan Ricciardi (collectively, defendants) appeal from the Law Division's June 14, 2011 order enforcing a settlement reached with plaintiff Deb Associates (Deb) three years earlier, and ordering the immediate retroactive payment of all monies thereunder. We have considered the arguments raised in light of the record and applicable legal standards. We reverse.
IN THE MATTER OF THE TENURE HEARING OF EDITH CRAFT SCHOOL DISTRICT OF THE TOWNSHIP OF FRANKLIN, SOMERSET COUNTY
Date: July 5, 2012
Docket Number: a0415-11 PER CURIAM Special education teacher Edith Craft appeals from the September 1, 2011 decision of the Acting Commissioner of Education, which sustained the charges against her of conduct unbecoming and imposed a penalty of suspension without pay for 240 days, as well as all increments for the 2011-2012 school year. Craft does not dispute that she slapped one of her special education students in the face after the eight-year-old slapped her. She claimed it was a reflexive action, and it therefore should not constitute unbecoming conduct. The Franklin Township Board of Education seeks to delay the loss of increments penalty until the next year in which the district's teachers receive increments.1 After reviewing the record in light of the contentions advanced on appeal, we affirm the decision of the Commissioner and delay the loss of increments as requested by the Board.
Date: July 5, 2012
Docket Number: a0415-11 PER CURIAM Special education teacher Edith Craft appeals from the September 1, 2011 decision of the Acting Commissioner of Education, which sustained the charges against her of conduct unbecoming and imposed a penalty of suspension without pay for 240 days, as well as all increments for the 2011-2012 school year. Craft does not dispute that she slapped one of her special education students in the face after the eight-year-old slapped her. She claimed it was a reflexive action, and it therefore should not constitute unbecoming conduct. The Franklin Township Board of Education seeks to delay the loss of increments penalty until the next year in which the district's teachers receive increments.1 After reviewing the record in light of the contentions advanced on appeal, we affirm the decision of the Commissioner and delay the loss of increments as requested by the Board.
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