New Jersey Superior Court, Appellate Division - Unpublished Opinions Decisions 2014
Opinions 1501 - 2000 of 2391
STATE OF NEW JERSEY v. VINCENT DIXON
Date: May 9, 2014
Docket Number: a3386-11 PER CURIAM Defendants Vincent Dixon and Eugene Morris were tried together and were each convicted of the following: third-degree possession of heroin, N.J.S.A. 2C:35-10(a)(1); third-degree possession of heroin with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(3); third-degree possession of heroin with intent to distribute on or near school property, N.J.S.A. 2C:35-7; and second-degree possession of heroin with intent to distribute on or near a public housing facility, N.J.S.A. 2C:35-7.1.1 Dixon was sentenced to an aggregate term of nine years in prison, half to be served without parole. Morris was sentenced to an aggregate term of seven years in prison, half to be served without parole. Both defendants appeal from their convictions.2 Dixon also appeals from the sentence imposed. We have consolidated the appeals for purposes of this opinion.
Date: May 9, 2014
Docket Number: a3386-11 PER CURIAM Defendants Vincent Dixon and Eugene Morris were tried together and were each convicted of the following: third-degree possession of heroin, N.J.S.A. 2C:35-10(a)(1); third-degree possession of heroin with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(3); third-degree possession of heroin with intent to distribute on or near school property, N.J.S.A. 2C:35-7; and second-degree possession of heroin with intent to distribute on or near a public housing facility, N.J.S.A. 2C:35-7.1.1 Dixon was sentenced to an aggregate term of nine years in prison, half to be served without parole. Morris was sentenced to an aggregate term of seven years in prison, half to be served without parole. Both defendants appeal from their convictions.2 Dixon also appeals from the sentence imposed. We have consolidated the appeals for purposes of this opinion.
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.R.
Date: May 8, 2014
Docket Number: a2933-12
Date: May 8, 2014
Docket Number: a2933-12
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.R.
Date: May 8, 2014
Docket Number: a2934-12
Date: May 8, 2014
Docket Number: a2934-12
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.R.
Date: May 8, 2014
Docket Number: a3275-12 PER CURIAM These three appeals consolidated for our review and opinion, present challenges by C.D., the biological mother of V.D., a daughter born July 2005, and A.R., a son born July 2009, together with K.F., the biological father of V.D., and J.R., the biological father of A.R., appeal from the Family Part order terminating their respective parental rights to V.D. and A.R, and, in turn, granting guardianship to the Division of Child Protection and Permanency (Division). Each defendant urges the trial court erred in finding, by clear and convincing evidence, termination of their respective parental rights was in the best interests of V.D. and J.R. The law guardian supported termination of defendants' parental rights and continues to do so in this appeal. We affirm.
Date: May 8, 2014
Docket Number: a3275-12 PER CURIAM These three appeals consolidated for our review and opinion, present challenges by C.D., the biological mother of V.D., a daughter born July 2005, and A.R., a son born July 2009, together with K.F., the biological father of V.D., and J.R., the biological father of A.R., appeal from the Family Part order terminating their respective parental rights to V.D. and A.R, and, in turn, granting guardianship to the Division of Child Protection and Permanency (Division). Each defendant urges the trial court erred in finding, by clear and convincing evidence, termination of their respective parental rights was in the best interests of V.D. and J.R. The law guardian supported termination of defendants' parental rights and continues to do so in this appeal. We affirm.
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.D.
Date: May 7, 2014
Docket Number: a0375-13
Date: May 7, 2014
Docket Number: a0375-13
RITA GILMARTIN v. PATROLMAN JASON KREIG PEMBERTON TOWNSHIP BURLINGTON COUNTY
Date: May 7, 2014
Docket Number: a1831-12
Date: May 7, 2014
Docket Number: a1831-12
MOUNT HOLINESS TEMPLE OF PENTECOSTAL FAITH INC v. HACKENSACK BOARD OF ADJUSTMENT
Date: May 5, 2014
Docket Number: a2629-12
Date: May 5, 2014
Docket Number: a2629-12
IN THE MATTER OF THE SUSPENSION OR REVOCATION OF THE LICENSE OF WILLIAM KYUNG PAE YU, D.C.
Date: May 5, 2014
Docket Number: a3245-12
Date: May 5, 2014
Docket Number: a3245-12
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. E.C.J.
Date: May 5, 2014
Docket Number: a5873-12
Date: May 5, 2014
Docket Number: a5873-12
LONNIE PETERSEN v. NEW JERSEY MANUFACTURERS INSURANCE COMPANY
Date: May 2, 2014
Docket Number: a0459-12
Date: May 2, 2014
Docket Number: a0459-12
JESSE ROSENBLUM v. ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF CLOSTER
Date: May 2, 2014
Docket Number: a3485-12
Date: May 2, 2014
Docket Number: a3485-12
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. N.A.
Date: May 1, 2014
Docket Number: a3002-12
Date: May 1, 2014
Docket Number: a3002-12
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.E.L.
Date: May 1, 2014
Docket Number: a6200-11
Date: May 1, 2014
Docket Number: a6200-11
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.E.L.
Date: May 1, 2014
Docket Number: a6201-11 PER CURIAM Defendants T.S.D.L. (Thomas) and S.E.L. (Sheila) appeal separately from the June 28, 2012 Family Part judgment terminating their parental rights to their then five-year-old biological daughter, K.T.L. (Katrina).2 In these consolidated appeals, defendants contend the Department of Child Protection and Permanency (Division) failed to prove each prong of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence.3 They further contend the trial judge erred by accepting the Division's permanency plan of adoption by S.L. (Sally), the child's maternal grandmother, rather than granting Sally kinship legal guardianship (KLG). The Law Guardian supported termination before the trial court and, on appeal, joins the Division in urging us to affirm. Based upon our review of the record and applicable law, we are satisfied the Division proved by clear and convincing evidence the requisite statutory factors required to terminate the parental rights of both defendants. Accordingly, we affirm substantially for the reasons set forth in Judge Garry J. Furnari's comprehensive oral opinion of June 27, 2012.
Date: May 1, 2014
Docket Number: a6201-11 PER CURIAM Defendants T.S.D.L. (Thomas) and S.E.L. (Sheila) appeal separately from the June 28, 2012 Family Part judgment terminating their parental rights to their then five-year-old biological daughter, K.T.L. (Katrina).2 In these consolidated appeals, defendants contend the Department of Child Protection and Permanency (Division) failed to prove each prong of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence.3 They further contend the trial judge erred by accepting the Division's permanency plan of adoption by S.L. (Sally), the child's maternal grandmother, rather than granting Sally kinship legal guardianship (KLG). The Law Guardian supported termination before the trial court and, on appeal, joins the Division in urging us to affirm. Based upon our review of the record and applicable law, we are satisfied the Division proved by clear and convincing evidence the requisite statutory factors required to terminate the parental rights of both defendants. Accordingly, we affirm substantially for the reasons set forth in Judge Garry J. Furnari's comprehensive oral opinion of June 27, 2012.
NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. J.A.
Date: April 30, 2014
Docket Number: a6389-11
Date: April 30, 2014
Docket Number: a6389-11
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. B.B.S.
Date: April 29, 2014
Docket Number: a1196-12
Date: April 29, 2014
Docket Number: a1196-12
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. B.B.S.
Date: April 29, 2014
Docket Number: a1220-12 PER CURIAM In this Title 9 case, defendants P.F. (mother) and B.S. (father) appeal from a finding that their child L.S. was a neglected child, within the meaning of the statute, N.J.S.A. 9:6-8.21(c)(2). We affirm.
Date: April 29, 2014
Docket Number: a1220-12 PER CURIAM In this Title 9 case, defendants P.F. (mother) and B.S. (father) appeal from a finding that their child L.S. was a neglected child, within the meaning of the statute, N.J.S.A. 9:6-8.21(c)(2). We affirm.
JARRED CIPRIANI v. ASHLEY FONTANA
Date: April 28, 2014
Docket Number: a0906-12 PER CURIAM Defendant Ashley Fontana (appellant in A-0080-12) and plaintiff Jarred Cipriani (appellant in A-0082-12) filed separate appeals from certain provisions of the July 25, 2012 post-trial judgment of the Family Part regarding custody of, and parenting time with, their son. In A-0906-12, Fontana appeals from a post-judgment order dated October 19, 2012, denying her motion for sanctions and additional discovery. We have consolidated the three appeals.
Date: April 28, 2014
Docket Number: a0906-12 PER CURIAM Defendant Ashley Fontana (appellant in A-0080-12) and plaintiff Jarred Cipriani (appellant in A-0082-12) filed separate appeals from certain provisions of the July 25, 2012 post-trial judgment of the Family Part regarding custody of, and parenting time with, their son. In A-0906-12, Fontana appeals from a post-judgment order dated October 19, 2012, denying her motion for sanctions and additional discovery. We have consolidated the three appeals.
IN THE MATTER OF THE APPLICATION FOR A NEW JERSEY FIREARM PURCHASER IDENTIFICATION CARD
Date: April 28, 2014
Docket Number: a1282-12
Date: April 28, 2014
Docket Number: a1282-12
MEHERALY MERCHANT v. BRIAN J. VINDICK
Date: April 25, 2014
Docket Number: a5568-12 PER CURIAM These related appeals, which we consolidate for purposes of this opinion, arise out of a multi-vehicle accident. On April 21, 2009, Brian Vindick, who was driving a school bus, struck a car driven by Lewis Davis, propelling Davis's car forward, striking another car driven by Meheraly Merchant. At the time of the accident, Vindick was an employee of Caring Transportation (Caring) and was operating a bus owned by Burlington County (Burlington) pursuant to Caring's contract with the Burlington County Board of Freeholders (Board).
Date: April 25, 2014
Docket Number: a5568-12 PER CURIAM These related appeals, which we consolidate for purposes of this opinion, arise out of a multi-vehicle accident. On April 21, 2009, Brian Vindick, who was driving a school bus, struck a car driven by Lewis Davis, propelling Davis's car forward, striking another car driven by Meheraly Merchant. At the time of the accident, Vindick was an employee of Caring Transportation (Caring) and was operating a bus owned by Burlington County (Burlington) pursuant to Caring's contract with the Burlington County Board of Freeholders (Board).
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.K.
Date: April 24, 2014
Docket Number: a0188-13
Date: April 24, 2014
Docket Number: a0188-13
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. G.C.F.
Date: April 24, 2014
Docket Number: a4462-12
Date: April 24, 2014
Docket Number: a4462-12
STATE OF NEW JERSEY v. TWO THOUSAND TWO HUNDRED NINETY-THREE DOLLARS
Date: April 24, 2014
Docket Number: a4929-11
Date: April 24, 2014
Docket Number: a4929-11
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. K.S.
Date: April 24, 2014
Docket Number: a5330-12
Date: April 24, 2014
Docket Number: a5330-12
WILLIAM BASKAY v. FRANKLIN MUTUAL INSURANCE COMPANY
Date: April 23, 2014
Docket Number: a1403-11 PER CURIAM These back-to-back appeals, are consolidated for purposes of this opinion. Plaintiffs, William and Amanda Baskay, appeal from the trial court order dismissing their Consumer Fraud Act, N.J.S.A. 56:8-1 to -195 (CFA) and punitive damages claims against defendant Franklin Mutual Insurance Company (FMI).3 FMI appeals the trial court order entered directing it to pay $750 in counsel fees and $500 in witness fees, after the jury returned a verdict favorable to plaintiffs. We affirm the trial court orders dismissing the consumer fraud and punitive damages claims, but reverse the order granting counsel fees and witness fees to plaintiffs. I.
Date: April 23, 2014
Docket Number: a1403-11 PER CURIAM These back-to-back appeals, are consolidated for purposes of this opinion. Plaintiffs, William and Amanda Baskay, appeal from the trial court order dismissing their Consumer Fraud Act, N.J.S.A. 56:8-1 to -195 (CFA) and punitive damages claims against defendant Franklin Mutual Insurance Company (FMI).3 FMI appeals the trial court order entered directing it to pay $750 in counsel fees and $500 in witness fees, after the jury returned a verdict favorable to plaintiffs. We affirm the trial court orders dismissing the consumer fraud and punitive damages claims, but reverse the order granting counsel fees and witness fees to plaintiffs. I.
JESSICA L. FURNARE v. BOARD OF REVIEW DEPARTMENT OF LABOR
Date: April 23, 2014
Docket Number: a4089-11
Date: April 23, 2014
Docket Number: a4089-11
MINNIE PEARL BROWN v. 5101 NORTH PARK DRIVE OPERATIONS LLC
Date: April 23, 2014
Docket Number: a5372-12
Date: April 23, 2014
Docket Number: a5372-12
DEPARTMENT OF CHILDREN AND FAMILIES INSTITUTIONAL ABUSE INVESTIGATION UNIT v. L.K.
Date: April 22, 2014
Docket Number: a1754-12
Date: April 22, 2014
Docket Number: a1754-12
LINDSAY SALOMON v. GOVERNMENT EMPLOYEES INSURANCE COMPANY
Date: April 22, 2014
Docket Number: a3179-12
Date: April 22, 2014
Docket Number: a3179-12
ALLSTATE NEW JERSEY INSURANCE COMPANY v. OLD REPUBLIC INSURANCE COMPANY
Date: April 22, 2014
Docket Number: a5158-12
Date: April 22, 2014
Docket Number: a5158-12
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.H.
Date: April 16, 2014
Docket Number: a1322-12
Date: April 16, 2014
Docket Number: a1322-12
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.H.
Date: April 16, 2014
Docket Number: a1323-12
Date: April 16, 2014
Docket Number: a1323-12
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.H.
Date: April 16, 2014
Docket Number: a3206-12
Date: April 16, 2014
Docket Number: a3206-12
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.H.
Date: April 16, 2014
Docket Number: a3207-12 PER CURIAM In these consolidated appeals, defendants J.H. (Father) and A.H. (Mother) challenge a judgment entered by the Family Part, terminating their parental rights over their second son, B.H. We affirm.
Date: April 16, 2014
Docket Number: a3207-12 PER CURIAM In these consolidated appeals, defendants J.H. (Father) and A.H. (Mother) challenge a judgment entered by the Family Part, terminating their parental rights over their second son, B.H. We affirm.
IN THE MATTER OF THE SEIZURE OF WEAPONS BELONGING TO JUAN DELAPRIDA
Date: April 16, 2014
Docket Number: a3225-12
Date: April 16, 2014
Docket Number: a3225-12
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.J.H., SR
Date: April 15, 2014
Docket Number: a0189-13
Date: April 15, 2014
Docket Number: a0189-13
THERESA J. FERRIOLA v. BOARD OF REVIEW DEPARTMENT OF LABOR
Date: April 15, 2014
Docket Number: a1883-12
Date: April 15, 2014
Docket Number: a1883-12
NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. D.E.
Date: April 14, 2014
Docket Number: a0279-12
Date: April 14, 2014
Docket Number: a0279-12
JAMES HASPEL v. BOARD OF TRUSTEES POLICE AND FIREMEN'S RETIREMENT SYSTEM
Date: April 14, 2014
Docket Number: a2159-12
Date: April 14, 2014
Docket Number: a2159-12
NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. D.E.
Date: April 14, 2014
Docket Number: a2401-12
Date: April 14, 2014
Docket Number: a2401-12
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.P.
Date: April 11, 2014
Docket Number: a0236-13
Date: April 11, 2014
Docket Number: a0236-13
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. P.M.
Date: April 11, 2014
Docket Number: a1701-12
Date: April 11, 2014
Docket Number: a1701-12
BRICK PROFESSIONAL L.L.C. v. ESTATE OF ANTHONY NAPOLEON O.C.C.
Date: April 11, 2014
Docket Number: a3057-11
Date: April 11, 2014
Docket Number: a3057-11
NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. J.C.
Date: April 10, 2014
Docket Number: a5681-11
Date: April 10, 2014
Docket Number: a5681-11
RUPERT E. BAPTISTE v. FATOU A JALLOW-BAPTISTE
Date: April 9, 2014
Docket Number: a4889-12 PER CURIAM Plaintiff Rupert E. Baptiste and defendant Fatou A. Jallow-
Date: April 9, 2014
Docket Number: a4889-12 PER CURIAM Plaintiff Rupert E. Baptiste and defendant Fatou A. Jallow-
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. D.A.B.
Date: April 9, 2014
Docket Number: a5054-12
Date: April 9, 2014
Docket Number: a5054-12
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. K.H.
Date: April 9, 2014
Docket Number: a5778-12
Date: April 9, 2014
Docket Number: a5778-12
ESSEX COUNTY VOCATIONAL SCHOOLS BOARD OF EDUCATION v. NEW UNITED CORP
Date: April 8, 2014
Docket Number: a1873-12 PER CURIAM These back-to-back appeals, which we consolidate for purposes of this opinion, comprise the post-remand sequel to the failed condemnation action that we considered in New United Corporation v. Essex County Vocational-Technical Schools Board of Education (New United II), No. A-2014-10 (App. Div. April 3, 2012).1 Defendants New United Corporation (New United) and City National Bank (City National)
Date: April 8, 2014
Docket Number: a1873-12 PER CURIAM These back-to-back appeals, which we consolidate for purposes of this opinion, comprise the post-remand sequel to the failed condemnation action that we considered in New United Corporation v. Essex County Vocational-Technical Schools Board of Education (New United II), No. A-2014-10 (App. Div. April 3, 2012).1 Defendants New United Corporation (New United) and City National Bank (City National)
ESSEX COUNTY VOCATIONAL SCHOOLS BOARD OF EDUCATION v. NEW UNITED CORP
Date: April 8, 2014
Docket Number: a4402-11
Date: April 8, 2014
Docket Number: a4402-11
NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. O.C.
Date: April 7, 2014
Docket Number: a2124-12
Date: April 7, 2014
Docket Number: a2124-12
LIBERTY MUTUAL INSURANCE COMPANY v. LIBERTY FIRST RISK RETENTION GROUP
Date: April 7, 2014
Docket Number: a3401-12
Date: April 7, 2014
Docket Number: a3401-12
SHAUN ARMSTRONG v. MONMOUTH EQUIPMENT & SERVICE CO., INC.
Date: April 7, 2014
Docket Number: a3981-12
Date: April 7, 2014
Docket Number: a3981-12
SCOT NETHERLANDS, INC v. STATE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION
Date: April 7, 2014
Docket Number: a5156-11
Date: April 7, 2014
Docket Number: a5156-11
WOODHAVEN LUMBER & MILLWORK, INC v. MONMOUTH DESIGN & DEVELOPMENT CO.
Date: April 4, 2014
Docket Number: a2914-12
Date: April 4, 2014
Docket Number: a2914-12
INTERPRINT, A DIVISION OF GOODSON HOLDING CO INC v. EXCLUSIVE SHOPAHOLIC PUBLICATIONS, INC
Date: April 4, 2014
Docket Number: a4197-12
Date: April 4, 2014
Docket Number: a4197-12
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.W.
Date: April 4, 2014
Docket Number: a4905-12
Date: April 4, 2014
Docket Number: a4905-12
ALLSTATE NEW JERSEY INSURANCE COMPANY v. INTERCOASTAL TRANSPORT COMPANY
Date: April 4, 2014
Docket Number: a5268-12
Date: April 4, 2014
Docket Number: a5268-12
RACCOON CREEK GROUP LLC v. CONSTRUCTION BOARD OF APPEALS OF THE COUNTY OF GLOUCESTER
Date: April 2, 2014
Docket Number: a4029-12
Date: April 2, 2014
Docket Number: a4029-12
WOODLAKE AT KING'S GRANT CONDOMINIUM ASSOCIATION, INC v. CHRISTOPHER COUDRIET
Date: April 1, 2014
Docket Number: a2497-12
Date: April 1, 2014
Docket Number: a2497-12
WOODLAKE AT KING'S GRANT CONDOMINIUM ASSOCIATION, INC v. CHRISTOPHER COUDRIET
Date: April 1, 2014
Docket Number: a2498-12 PER CURIAM In this consolidated appeal, we must determine whether the motion judge erred by denying the application of plaintiff Woodlake at King's Grant Condominium Association, Inc. (the Association) to appoint a rent receiver for two condominium units separately owned by defendants Christopher Coudriet and Darrel Mesey. Because we conclude that the motion judge did not abuse her discretion, we affirm.
Date: April 1, 2014
Docket Number: a2498-12 PER CURIAM In this consolidated appeal, we must determine whether the motion judge erred by denying the application of plaintiff Woodlake at King's Grant Condominium Association, Inc. (the Association) to appoint a rent receiver for two condominium units separately owned by defendants Christopher Coudriet and Darrel Mesey. Because we conclude that the motion judge did not abuse her discretion, we affirm.
STATE OF NEW JERSEY v. EDWIN RICHARDSON
Date: April 1, 2014
Docket Number: a5721-09 PER CURIAM Defendant Edwin Richardson has filed two appeals, A-5721-09 from an order of June 7, 2010, denying defendant's motion to change "a sentence as authorized by the Code of Criminal Justice," R. 3:21-10(b)(4), and A-2962-09 from an order of July 24, 2009, denying his motion to correct an illegal sentence. By sua sponte order of the clerk of this court, the appeals were consolidated.1
Date: April 1, 2014
Docket Number: a5721-09 PER CURIAM Defendant Edwin Richardson has filed two appeals, A-5721-09 from an order of June 7, 2010, denying defendant's motion to change "a sentence as authorized by the Code of Criminal Justice," R. 3:21-10(b)(4), and A-2962-09 from an order of July 24, 2009, denying his motion to correct an illegal sentence. By sua sponte order of the clerk of this court, the appeals were consolidated.1
IN RE: APPLICATION OF SHELLEY NOVICK-LEIGHTON FOR WAIVER OF N.J.A.C. 13:2-16.11
Date: March 31, 2014
Docket Number: a3707-11
Date: March 31, 2014
Docket Number: a3707-11
IN RE: APPLICATION OF SHELLEY NOVICK-LEIGHTON FOR WAIVER OF N.J.A.C. 13:2-16.11
Date: March 31, 2014
Docket Number: a3721-11
Date: March 31, 2014
Docket Number: a3721-11
IN RE: APPLICATION OF SHELLEY NOVICK-LEIGHTON FOR WAIVER OF N.J.A.C. 13:2-16.11
Date: March 31, 2014
Docket Number: a3722-11
Date: March 31, 2014
Docket Number: a3722-11
IN RE: APPLICATION OF SHELLEY NOVICK-LEIGHTON FOR WAIVER OF N.J.A.C. 13:2-16.11
Date: March 31, 2014
Docket Number: a3724-11
Date: March 31, 2014
Docket Number: a3724-11
FREEDOM BANK v. CAPITAL DEVELOPMENT & CONSTRUCTION MANAGEMENT, LLC
Date: March 28, 2014
Docket Number: a1781-12
Date: March 28, 2014
Docket Number: a1781-12
GUY J. TIRONDOLA v. BOARD OF REVIEW DEPARTMENT OF LABOR
Date: March 28, 2014
Docket Number: a2867-12
Date: March 28, 2014
Docket Number: a2867-12
KEISHA CARMICHAEL v. BOARD OF TRUSTEES POLICE AND FIREMEN'S RETIREMENT SYSTEM
Date: March 28, 2014
Docket Number: a2955-12
Date: March 28, 2014
Docket Number: a2955-12
ANTHONY GAROFALO v. EAST WHITEHOUSE FIRE DEPARTMENT
Date: March 28, 2014
Docket Number: a4687-12 PER CURIAM Plaintiff appeals from a February 28, 2013 order of the Division of Workers' Compensation (Division) dismissing his complaint for benefits. Plaintiff also appeals from a May 3, 2013 order of the Law Division refusing to vacate its earlier grant of summary judgment dismissing his personal injury action.1 We affirm.2 On March 11, 2009, plaintiff fell on the stairs at the East Whitehouse Fire Department "due to an improperly installed/secured runner." As a result of the fall, plaintiff suffered a tear to his right distal bicep, and sprained his right elbow. At the time, plaintiff was a self-employed podiatric surgeon in New York, and a voluntary firefighter at the East Whitehouse Fire Department.
Date: March 28, 2014
Docket Number: a4687-12 PER CURIAM Plaintiff appeals from a February 28, 2013 order of the Division of Workers' Compensation (Division) dismissing his complaint for benefits. Plaintiff also appeals from a May 3, 2013 order of the Law Division refusing to vacate its earlier grant of summary judgment dismissing his personal injury action.1 We affirm.2 On March 11, 2009, plaintiff fell on the stairs at the East Whitehouse Fire Department "due to an improperly installed/secured runner." As a result of the fall, plaintiff suffered a tear to his right distal bicep, and sprained his right elbow. At the time, plaintiff was a self-employed podiatric surgeon in New York, and a voluntary firefighter at the East Whitehouse Fire Department.
STATE OF NEW JERSEY v. MWANSA CHIPEPO
Date: March 27, 2014
Docket Number: a2850-11 PER CURIAM Defendants Viette and Mwansa Chipepo,1 husband and wife, appeal from their respective Law Division orders denying their separate post-conviction relief (PCR) petitions. We consolidate their appeals in this opinion for clarity. After considering the facts, the parties' legal contentions, and the applicable legal principles, we affirm. I.
Date: March 27, 2014
Docket Number: a2850-11 PER CURIAM Defendants Viette and Mwansa Chipepo,1 husband and wife, appeal from their respective Law Division orders denying their separate post-conviction relief (PCR) petitions. We consolidate their appeals in this opinion for clarity. After considering the facts, the parties' legal contentions, and the applicable legal principles, we affirm. I.
DARRELL STEWART v. NEW JERSEY DEPARTMENT OF CORRECTIONS
Date: March 27, 2014
Docket Number: a2860-12
Date: March 27, 2014
Docket Number: a2860-12
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.C.
Date: March 27, 2014
Docket Number: a3598-12
Date: March 27, 2014
Docket Number: a3598-12
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. R.S.
Date: March 25, 2014
Docket Number: a0193-13
Date: March 25, 2014
Docket Number: a0193-13
POLICE AND FIREMEN'S RETIREMENT SYSTEM BOARD OF TRUSTEES v. MIRABEL MORA
Date: March 25, 2014
Docket Number: a2310-12
Date: March 25, 2014
Docket Number: a2310-12
TOWNSQUARE VILLAGE HOMEOWNERS ASSOCIATION, INC v. SANDRA J. WALTON
Date: March 25, 2014
Docket Number: a2743-12
Date: March 25, 2014
Docket Number: a2743-12
JULIANNE DEGILIO v. JAMES DEGILIO
Date: March 25, 2014
Docket Number: a5361-11 PER CURIAM In these consolidated appeals, plaintiff Julianne DeGilio (Julianne) appeals from three orders of the Family Part entered March 2, April 27 and May 29, 2012.1 In substance, Julianne asserts that the trial judge erred by not enforcing a provision of an agreement between plaintiff and her former husband, defendant James DeGilio (James). We disagree and affirm for the reasons that follow.
Date: March 25, 2014
Docket Number: a5361-11 PER CURIAM In these consolidated appeals, plaintiff Julianne DeGilio (Julianne) appeals from three orders of the Family Part entered March 2, April 27 and May 29, 2012.1 In substance, Julianne asserts that the trial judge erred by not enforcing a provision of an agreement between plaintiff and her former husband, defendant James DeGilio (James). We disagree and affirm for the reasons that follow.
M.W. v. BOARD OF EDUCATION OF THE BOROUGH OF HADDONFIELD
Date: March 24, 2014
Docket Number: a1036-12
Date: March 24, 2014
Docket Number: a1036-12
MEDFORD VILLAGE EAST ASSOCIATES v. TOWNSHIP OF MEDFORD
Date: March 24, 2014
Docket Number: a3469-11 PER CURIAM Plaintiff Medford Village East Associates (MVE) owns property in Medford, the development of which has been the subject of litigation since 1996. The history of that litigation and the facts relevant to this appeal are set forth at length in the written opinion of Judge Michael J. Haas issued in conjunction with his decision on the motions that are the subjects of this appeal and need not be repeated at length here. In 2005, a Stipulation of Settlement was reached by plaintiffs (MVE, Branin Farms, Medcon Farms, Bran-Eayres Associates, and Stephen D. Samost), and defendants Township of Medford and Medford Township Planning Board (collectively, Medford) regarding the development of the sites then known as Medford Crossings North (MC North) and Medford Crossings South (MC South). Two "interested parties" also entered the settlement. One was appellant, Pulte Homes of New Jersey, LP (Pulte). The other was "the proposed developer" of the MC North and MC South developments. This proposed developer actually consisted of two limited liability corporations, Medford Crossings North, LLC, and Medford Crossings South, LLC. However, the proposed developer in the Stipulation of Settlement is referred to as "Freeco," which is no more than a shorthand reference the parties used to describe companies owned by Carl Freedman and Mitchell Cohen.
Date: March 24, 2014
Docket Number: a3469-11 PER CURIAM Plaintiff Medford Village East Associates (MVE) owns property in Medford, the development of which has been the subject of litigation since 1996. The history of that litigation and the facts relevant to this appeal are set forth at length in the written opinion of Judge Michael J. Haas issued in conjunction with his decision on the motions that are the subjects of this appeal and need not be repeated at length here. In 2005, a Stipulation of Settlement was reached by plaintiffs (MVE, Branin Farms, Medcon Farms, Bran-Eayres Associates, and Stephen D. Samost), and defendants Township of Medford and Medford Township Planning Board (collectively, Medford) regarding the development of the sites then known as Medford Crossings North (MC North) and Medford Crossings South (MC South). Two "interested parties" also entered the settlement. One was appellant, Pulte Homes of New Jersey, LP (Pulte). The other was "the proposed developer" of the MC North and MC South developments. This proposed developer actually consisted of two limited liability corporations, Medford Crossings North, LLC, and Medford Crossings South, LLC. However, the proposed developer in the Stipulation of Settlement is referred to as "Freeco," which is no more than a shorthand reference the parties used to describe companies owned by Carl Freedman and Mitchell Cohen.
MORRIS COUNTY IMPROVEMENT AUTHORITY v. POWER PARTNERS MASTEC LLC
Date: March 24, 2014
Docket Number: a5082-12
Date: March 24, 2014
Docket Number: a5082-12
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. L.B.
Date: March 24, 2014
Docket Number: a6134-11
Date: March 24, 2014
Docket Number: a6134-11
NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. D.J.
Date: March 21, 2014
Docket Number: a0210-12 PER CURIAM Defendants M.S. and his paramour, D.J., appeal from a Family Part order finding them responsible for the severe dehydration, failure to thrive, medical neglect and hypernatremia, or sodium poisoning, that M.S.'s twenty-one-month-old son, S.S., suffered in October 2011. Because we conclude that the trial court's findings are supported by sufficient credible evidence in the record, and are buttressed by defendants' subsequent guilty pleas in related criminal proceedings, we affirm.
Date: March 21, 2014
Docket Number: a0210-12 PER CURIAM Defendants M.S. and his paramour, D.J., appeal from a Family Part order finding them responsible for the severe dehydration, failure to thrive, medical neglect and hypernatremia, or sodium poisoning, that M.S.'s twenty-one-month-old son, S.S., suffered in October 2011. Because we conclude that the trial court's findings are supported by sufficient credible evidence in the record, and are buttressed by defendants' subsequent guilty pleas in related criminal proceedings, we affirm.
NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. D.J.
Date: March 21, 2014
Docket Number: a5273-11
Date: March 21, 2014
Docket Number: a5273-11
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. E.W.
Date: March 19, 2014
Docket Number: a2931-12
Date: March 19, 2014
Docket Number: a2931-12
NEWARK PUBLIC SCHOOL DISTRICT v. CITY ASSOCIATION OF SUPERVISORS AND ADMINISTRATORS
Date: March 14, 2014
Docket Number: a1087-12
Date: March 14, 2014
Docket Number: a1087-12
IN THE MATTER OF THE DENIAL OF AN APPLICATION OF ANDREW VAN JURA
Date: March 14, 2014
Docket Number: a2624-12
Date: March 14, 2014
Docket Number: a2624-12
SARAH WESTCOTT v. BOARD OF EDUCATION MIDDLESEX COUNTY VOCATIONAL AND TECHNICAL SCHOOLS
Date: March 14, 2014
Docket Number: a2774-12
Date: March 14, 2014
Docket Number: a2774-12
TIMOTHY W. WILLIAMS v. NEW JERSEY MOTOR VEHICLE COMMISSION
Date: March 14, 2014
Docket Number: a2969-12
Date: March 14, 2014
Docket Number: a2969-12
STATE OF NEW JERSEY IN THE INTEREST OF R.M. and M.T.H.
Date: March 14, 2014
Docket Number: a5922-12xx
Date: March 14, 2014
Docket Number: a5922-12xx
NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. T.J.
Date: March 14, 2014
Docket Number: a6203-11
Date: March 14, 2014
Docket Number: a6203-11
WILLIAM GRAHAM v. STATE OF NEW JERSEY DEPARTMENT OF THE TREASURY
Date: March 13, 2014
Docket Number: a0539-12
Date: March 13, 2014
Docket Number: a0539-12
MERION CONSTRUCTION MANAGEMENT, LLC v. KEMRON ENVIRONMENTAL SERVICES, INC
Date: March 13, 2014
Docket Number: a2428-12
Date: March 13, 2014
Docket Number: a2428-12
NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. K.W IN THE MATTER OF T.L a minor March 12, 2014
Date: March 12, 2014
Docket Number: a4380-11
Date: March 12, 2014
Docket Number: a4380-11
NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. K.W.
Date: March 12, 2014
Docket Number: a4411-11xx
Date: March 12, 2014
Docket Number: a4411-11xx
INEZ GRAHAM v. THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY
Date: March 12, 2014
Docket Number: a5419-11
Date: March 12, 2014
Docket Number: a5419-11
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. O.C.
Date: March 12, 2014
Docket Number: a5620-12
Date: March 12, 2014
Docket Number: a5620-12
NEW JERSEY DIVIION OF CHILD PROTECTION AND PERMANENCY v. A.B.
Date: March 11, 2014
Docket Number: a2434-12
Date: March 11, 2014
Docket Number: a2434-12
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