New Jersey Superior Court, Appellate Division - Unpublished Opinions Decisions 2016
Opinions 1001 - 1500 of 1993
PHILLIP A. DIXON v. NEW JERSEY DEPARTMENT OF CORRECTIONS
Date: July 18, 2016
Docket Number: a0507-14
Date: July 18, 2016
Docket Number: a0507-14
JACOBSEN DIAMOND CENTER, LLC v. ADT SECURITY SERVICES INC
Date: July 15, 2016
Docket Number: a1578-14
Date: July 15, 2016
Docket Number: a1578-14
NEW JERSEY-AMERICAN WATER CO INC. v. WATCHUNG SQUARE ASSOCIATES, LLC
Date: July 15, 2016
Docket Number: a3208-13
Date: July 15, 2016
Docket Number: a3208-13
NEW JERSEY-AMERICAN WATER CO INC. v. WATCHUNG SQUARE ASSOCIATES, LLC
Date: July 15, 2016
Docket Number: a3436-13
Date: July 15, 2016
Docket Number: a3436-13
KASSANDRA ROSS v. NEW JERSEY DEPARTMENT OF HUMAN SERVICES DIVISION OF DEVELOPMENTAL DISABILITIES
Date: July 13, 2016
Docket Number: a0146-14
Date: July 13, 2016
Docket Number: a0146-14
JAFFE SPINDLER COMPANY LLC v. NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY
Date: July 8, 2016
Docket Number: a5718-13
Date: July 8, 2016
Docket Number: a5718-13
DIVISION OF CHILD PROTECTION AND PERMANENCY v. E.S. and B.T
Date: July 7, 2016
Docket Number: a0622-14
Date: July 7, 2016
Docket Number: a0622-14
DIVISION OF CHILD PROTECTION AND PERMANENCY v. C.K.M IN THE MATTER OF THE GUARDIANSHIP OF K.Z.B., J.N.M., and K.M.M Minors
Date: July 7, 2016
Docket Number: a3436-14 PER CURIAM Defendant C.K.M. (Carol)1 appeals from a February 3, 2015 Family Part order terminating her parental rights to three of her four children,2 K.Z.B. (Kasey), born on December 17, 2003; K.M.M. (Kristen), born on February 27, 2006; and J.N.M. (Jamie), born on February 19, 2007, and awarding guardianship of the children3 to the Division of Child Protection and Permanency (the Division).4 We affirm.
Date: July 7, 2016
Docket Number: a3436-14 PER CURIAM Defendant C.K.M. (Carol)1 appeals from a February 3, 2015 Family Part order terminating her parental rights to three of her four children,2 K.Z.B. (Kasey), born on December 17, 2003; K.M.M. (Kristen), born on February 27, 2006; and J.N.M. (Jamie), born on February 19, 2007, and awarding guardianship of the children3 to the Division of Child Protection and Permanency (the Division).4 We affirm.
ESTATE OF CLAUDIA L COHEN and SAMANTHA PERELMAN and RONALD O PERELMAN, EXECUTOR v. ESTATE OF ROBERT COHEN and JAMES S. COHEN
Date: July 7, 2016
Docket Number: a3779-13 PER CURIAM We examine whether a trial judge may enter a stay of execution of a final judgment after the underlying determination has been affirmed on appeal. Defendant, the Estate of Robert Cohen, appeals from an April 22, 2014 order staying execution of a final judgment pending appeal by applying Rule 2:9-5, and allowing plaintiffs, the Estate of Claudia L. Cohen, by and through its executor Ronald O. Perelman, and Samantha Perelman (collectively plaintiff), to post a bond. Plaintiff cross-appeals arguing the stay should be imposed until related litigation is concluded. Following our review, we conclude the judge had no authority to issue a stay once an appellate judgment issued. Accordingly, we reverse the April 22, 2014 order staying plaintiff's obligation to satisfy the judgment. On the cross-appeal, we reject plaintiff's arguments as lacking merit and affirm the April 11, 2014 order.
Date: July 7, 2016
Docket Number: a3779-13 PER CURIAM We examine whether a trial judge may enter a stay of execution of a final judgment after the underlying determination has been affirmed on appeal. Defendant, the Estate of Robert Cohen, appeals from an April 22, 2014 order staying execution of a final judgment pending appeal by applying Rule 2:9-5, and allowing plaintiffs, the Estate of Claudia L. Cohen, by and through its executor Ronald O. Perelman, and Samantha Perelman (collectively plaintiff), to post a bond. Plaintiff cross-appeals arguing the stay should be imposed until related litigation is concluded. Following our review, we conclude the judge had no authority to issue a stay once an appellate judgment issued. Accordingly, we reverse the April 22, 2014 order staying plaintiff's obligation to satisfy the judgment. On the cross-appeal, we reject plaintiff's arguments as lacking merit and affirm the April 11, 2014 order.
MICHAEL STARGELL and JOANN YOUNG v. MARGARET SNYDER
Date: July 7, 2016
Docket Number: a4021-13 PER CURIAM Plaintiffs Michael Stargell and Joann Young appeal from the Law Division's March 24, 2014 order, which denied their motion for summary judgment, granted summary judgment in favor of defendant Margaret Snyder, and dismissed their complaint. Plaintiffs' complaint challenged defendant's eligibility to run for a seat on the Pennsauken Township Board of Education (Board) and her being sworn into office upon being elected in November 2013. According to the complaint, defendant, a former employee of the Board, maintained an outstanding claim against the Board for reimbursement of unused sick leave at the time she ran for office, which should have disqualified her candidacy. Defendant asserted that she was not disqualified because she assigned her claim to her adult daughter prior to being sworn into office. The motion judge agreed with defendant, reasoning that she "took the affirmative offense under the statute and . . . disavow[ed] herself of any right to a benefit which she justifiably earned." According to the judge, by assigning her claim to the unpaid sick leave, defendant had "cured any conflict" relating to the unpaid leave and there no longer existed "any pending indirect claim in th[e] matter."
Date: July 7, 2016
Docket Number: a4021-13 PER CURIAM Plaintiffs Michael Stargell and Joann Young appeal from the Law Division's March 24, 2014 order, which denied their motion for summary judgment, granted summary judgment in favor of defendant Margaret Snyder, and dismissed their complaint. Plaintiffs' complaint challenged defendant's eligibility to run for a seat on the Pennsauken Township Board of Education (Board) and her being sworn into office upon being elected in November 2013. According to the complaint, defendant, a former employee of the Board, maintained an outstanding claim against the Board for reimbursement of unused sick leave at the time she ran for office, which should have disqualified her candidacy. Defendant asserted that she was not disqualified because she assigned her claim to her adult daughter prior to being sworn into office. The motion judge agreed with defendant, reasoning that she "took the affirmative offense under the statute and . . . disavow[ed] herself of any right to a benefit which she justifiably earned." According to the judge, by assigning her claim to the unpaid sick leave, defendant had "cured any conflict" relating to the unpaid leave and there no longer existed "any pending indirect claim in th[e] matter."
Robert James individually and derivatively on behalf of Internet Group v. Ernest and in his representative capacities Rubino individually and in his representative capacities Edward Edward D'Aconti - and Ernest M.D John on behalf of Internet v. J
Date: July 7, 2016
Docket Number: a4169-14 PER CURIAM This is the third time we have granted leave to appeal to address plaintiffs' contentions that the law firm of Brach Eichler L.L.C. (BE) has conflicts of interest requiring its disqualification from representing defendants in a dispute among physicians of a medical practice. The medical practice is organized as a private corporation with six physician-shareholders. In 2013, two physician-shareholders sued the other four physician-shareholders, as well as the corporation's chief financial officer and his accounting firm. Plaintiffs allege claims as individuals and derivatively on behalf of the corporation. The four physician-shareholder defendants assert counterclaims as individuals and derivatively on behalf of the corporation. BE is currently representing all of the defendants and the corporation as the counterclaimant. We now vacate the most recent order, filed on April 2, 2015, denying plaintiffs' motion to disqualify BE and remand for a determination of defendants' pending motion to dismiss plaintiffs' derivative action and, if that motion is granted, fact findings concerning the remaining alleged conflicts of interest. I.
Date: July 7, 2016
Docket Number: a4169-14 PER CURIAM This is the third time we have granted leave to appeal to address plaintiffs' contentions that the law firm of Brach Eichler L.L.C. (BE) has conflicts of interest requiring its disqualification from representing defendants in a dispute among physicians of a medical practice. The medical practice is organized as a private corporation with six physician-shareholders. In 2013, two physician-shareholders sued the other four physician-shareholders, as well as the corporation's chief financial officer and his accounting firm. Plaintiffs allege claims as individuals and derivatively on behalf of the corporation. The four physician-shareholder defendants assert counterclaims as individuals and derivatively on behalf of the corporation. BE is currently representing all of the defendants and the corporation as the counterclaimant. We now vacate the most recent order, filed on April 2, 2015, denying plaintiffs' motion to disqualify BE and remand for a determination of defendants' pending motion to dismiss plaintiffs' derivative action and, if that motion is granted, fact findings concerning the remaining alleged conflicts of interest. I.
DIVISION OF CHILD PROTECTION AND PERMANENCY v. G.H IN THE MATTER OF G.H
Date: July 7, 2016
Docket Number: a5045-13 PER CURIAM Defendant G.H.1 appeals from the May 15, 2014 Family Part order terminating litigation initiated by the Division of Child Protection and Permanency (the Division) pursuant to N.J.S.A. 30:4C-12 against defendant, her daughter A.K., and J.A. and H.H., who were identified as the fathers of the three children involved in this case, Greta, Fiona, and Nora.2 The trial court terminated the litigation because the Division had filed a complaint for termination of A.K.'s, J.A.'s and H.H.'s parental rights to the three children in accordance with the terms of an August 2, 2013 permanency order. Although defendant participated at all stages of the action prior to its termination and was represented by an attorney at all critical times, she now asserts for the first time on appeal that her "due process rights" were violated during the proceedings and resulted in the "effective termination" of her relationship with one of the children, Greta. Defendant also asserts that the Division improperly added an alleged incident of "environmental neglect" to the information already contained in the Central Registry concerning her, without conducting the required hearing.
Date: July 7, 2016
Docket Number: a5045-13 PER CURIAM Defendant G.H.1 appeals from the May 15, 2014 Family Part order terminating litigation initiated by the Division of Child Protection and Permanency (the Division) pursuant to N.J.S.A. 30:4C-12 against defendant, her daughter A.K., and J.A. and H.H., who were identified as the fathers of the three children involved in this case, Greta, Fiona, and Nora.2 The trial court terminated the litigation because the Division had filed a complaint for termination of A.K.'s, J.A.'s and H.H.'s parental rights to the three children in accordance with the terms of an August 2, 2013 permanency order. Although defendant participated at all stages of the action prior to its termination and was represented by an attorney at all critical times, she now asserts for the first time on appeal that her "due process rights" were violated during the proceedings and resulted in the "effective termination" of her relationship with one of the children, Greta. Defendant also asserts that the Division improperly added an alleged incident of "environmental neglect" to the information already contained in the Central Registry concerning her, without conducting the required hearing.
ARTIS CREWS v. NEW JERSEY DEPARTMENT OF CORRECTIONS
Date: July 7, 2016
Docket Number: a5086-13 PER CURIAM Artis Crews, appeals from a final agency decision by the New Jersey Department of Corrections (DOC) denying his request to attend his mother's funeral. We dismiss his appeal as moot.
Date: July 7, 2016
Docket Number: a5086-13 PER CURIAM Artis Crews, appeals from a final agency decision by the New Jersey Department of Corrections (DOC) denying his request to attend his mother's funeral. We dismiss his appeal as moot.
RONALD ZECK and WML LLC v. ATLANTIC CITY ELECTRIC
Date: July 7, 2016
Docket Number: a5506-13 PER CURIAM Defendant Atlantic City Electric (ACE) appeals from the June 26, 2014 order for judgment1 entered in favor of plaintiffs Ronald Zeck and WML LLC following a jury trial in the Law Division. ACE argues that the trial court erred in denying its motion for an involuntary dismissal at the end of plaintiffs' case pursuant to Rule 4:37-2(b). Although ACE did not file a motion for a new trial or remittitur following the jury's verdict as required by Rule 2:10-1, it also argues for the first time on appeal that the quantum of damages awarded by the jury was against the weight of the evidence. We affirm. I.
Date: July 7, 2016
Docket Number: a5506-13 PER CURIAM Defendant Atlantic City Electric (ACE) appeals from the June 26, 2014 order for judgment1 entered in favor of plaintiffs Ronald Zeck and WML LLC following a jury trial in the Law Division. ACE argues that the trial court erred in denying its motion for an involuntary dismissal at the end of plaintiffs' case pursuant to Rule 4:37-2(b). Although ACE did not file a motion for a new trial or remittitur following the jury's verdict as required by Rule 2:10-1, it also argues for the first time on appeal that the quantum of damages awarded by the jury was against the weight of the evidence. We affirm. I.
NEW JERSEY HIGHER EDUCATION STUDENT ASSISTANCE AUTHORITY v. LETITIA Y. COX
Date: July 7, 2016
Docket Number: a5621-13 PER CURIAM Defendant Letitia Y. Cox appeals from a directed verdict and entry of judgment in favor of plaintiff New Jersey Higher Education Student Assistance Authority ("HESAA" or "the authority"). We affirm.
Date: July 7, 2016
Docket Number: a5621-13 PER CURIAM Defendant Letitia Y. Cox appeals from a directed verdict and entry of judgment in favor of plaintiff New Jersey Higher Education Student Assistance Authority ("HESAA" or "the authority"). We affirm.
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. W.R.
Date: July 1, 2016
Docket Number: a0024-14
Date: July 1, 2016
Docket Number: a0024-14
STEVEN BOGART v. BOARD OF TRUSTEES OF THE POLICE AND FIREMEN'S RETIREMENT SYSTEM
Date: July 1, 2016
Docket Number: a2167-14
Date: July 1, 2016
Docket Number: a2167-14
SCHENKER, INC v. EXPEDITORS INTERNATIONAL OF WASHINGTON, INC
Date: July 1, 2016
Docket Number: a3555-14
Date: July 1, 2016
Docket Number: a3555-14
STATE OF NEW JERSEY STATE ETHICS COMMISSION v. SEEMA SINGH, ESQ
Date: June 24, 2016
Docket Number: a0434-14
Date: June 24, 2016
Docket Number: a0434-14
JAMIE L. COHEN v. BOARD OF REVIEW and DOLCE VITA INTIMATES, LLC
Date: June 22, 2016
Docket Number: a4338-14
Date: June 22, 2016
Docket Number: a4338-14
DIVISION OF CHILD PROTECTION AND PERMANENCY v. D.C IN THE MATTER OF THE GUARDIANSHIP OF B.M.C., D.E.C., and D.L.C., JR Minors
Date: June 20, 2016
Docket Number: a4984-14
Date: June 20, 2016
Docket Number: a4984-14
1008 ASTORIA BOULEVARD ASSOCIATES, LLC v. HEINE ASSOCIATES, P.A.
Date: June 19, 2016
Docket Number: a0100-14
Date: June 19, 2016
Docket Number: a0100-14
ROBERT H. HILL and SARAH K HILL, minors v. DIRECTOR, STATE OF NEW JERSEY DIVISION OF TAXATION
Date: June 17, 2016
Docket Number: a1980-13
Date: June 17, 2016
Docket Number: a1980-13
CHRISTOPHER MOUNT v. BOARD OF TRUSTEES POLICE AND FIREMEN'S RETIREMENT SYSTEM
Date: June 14, 2016
Docket Number: a1907-14
Date: June 14, 2016
Docket Number: a1907-14
N.E.I. JEWELMASTERS OF NEW JERSEY, INC v. BOARD OF REVIEW DEPARTMENT OF LABOR
Date: June 7, 2016
Docket Number: a2333-14
Date: June 7, 2016
Docket Number: a2333-14
DANIEL J. COX v. BOARD OF REVIEW DEPARTMENT OF LABOR, and SAKER SHOPRITES, INC
Date: June 6, 2016
Docket Number: a0649-14
Date: June 6, 2016
Docket Number: a0649-14
CONNIE BUENDIA - v. BOARD OF TRUSTEES PUBLIC EMPLOYEES' RETIREMENT SYSTEM -
Date: June 6, 2016
Docket Number: a1126-14
Date: June 6, 2016
Docket Number: a1126-14
DIVISION OF CHILD PROTECTION AND PERMANENCY v. L.P and A.P
Date: June 6, 2016
Docket Number: a1221-12
Date: June 6, 2016
Docket Number: a1221-12
STATE OF NEW JERSEY v. RICHARD RAMON GARDNER a/k/a GARY EVANS RICKY, IAN, J. ELIE and RICHARD M. GARDNER
Date: June 6, 2016
Docket Number: a1375-14
Date: June 6, 2016
Docket Number: a1375-14
IN THE MATTER OF THE GENERAL ASSIGNMENT FOR THE BENEFIT OF CREDITORS OF EXPORT TRANSPORT CO., INC to DAVID L. BRUCK, ESQ PENSKE TRUCK LEASING CO., L.P v. COOL TRANS NJ LIMITED LIABILITY COMPANY and ERIC BIERMAN
Date: June 6, 2016
Docket Number: a3309-14
Date: June 6, 2016
Docket Number: a3309-14
SMART PUBLICATIONS, LLC and ANTHONY LOMBARDO v. STATE OF OF TAXATION
Date: June 6, 2016
Docket Number: a3516-13 PER CURIAM Plaintiffs Smart Publications LLC and its sole member Anthony Lombardo (collectively Smart Publications), appeal from a February 28, 2014 order affirming the dismissal of a Tax Court complaint challenging the imposition of a tax under the Sales and Use Tax Act, N.J.S.A. 54:32B-1 to -29 (the Act). Smart Publications engages in the production, printing and distribution of a monthly periodical, which was found by defendant, State of New Jersey, Division of Taxation (the Division), not to qualify as exempt under the Act as a newspaper. The Division imposed a sales and use tax assessment of $144,000, which Smart Publications protested. The Division moved to dismiss the complaint as untimely filed, depriving the Tax Court of jurisdiction. The Tax Court judge agreed and entered an order of dismissal on November 8, 2013. Smart Publications filed for reconsideration, which was denied by order dated February 28, 2014. On appeal of the orders, Smart Publications contends: (1) the complaint was timely filed under the timely mailed, timely filed rule; and (2) the definition of "newspaper" stated in N.J.A.C. 18:24-1.2, used to interpret the exemption for newspapers set forth in N.J.S.A. 54:32B-8.30, is unconstitutionally vague and renders enforcement as to plaintiff an infringement of due process. We affirm.
Date: June 6, 2016
Docket Number: a3516-13 PER CURIAM Plaintiffs Smart Publications LLC and its sole member Anthony Lombardo (collectively Smart Publications), appeal from a February 28, 2014 order affirming the dismissal of a Tax Court complaint challenging the imposition of a tax under the Sales and Use Tax Act, N.J.S.A. 54:32B-1 to -29 (the Act). Smart Publications engages in the production, printing and distribution of a monthly periodical, which was found by defendant, State of New Jersey, Division of Taxation (the Division), not to qualify as exempt under the Act as a newspaper. The Division imposed a sales and use tax assessment of $144,000, which Smart Publications protested. The Division moved to dismiss the complaint as untimely filed, depriving the Tax Court of jurisdiction. The Tax Court judge agreed and entered an order of dismissal on November 8, 2013. Smart Publications filed for reconsideration, which was denied by order dated February 28, 2014. On appeal of the orders, Smart Publications contends: (1) the complaint was timely filed under the timely mailed, timely filed rule; and (2) the definition of "newspaper" stated in N.J.A.C. 18:24-1.2, used to interpret the exemption for newspapers set forth in N.J.S.A. 54:32B-8.30, is unconstitutionally vague and renders enforcement as to plaintiff an infringement of due process. We affirm.
IN THE MATTER OF MADISON BOARD OF EDUCATION - and MADISON EDUCATION ASSOCIATION -
Date: June 6, 2016
Docket Number: a3794-14 PER CURIAM The Madison Board of Education (Board) appeals from a final determination of the Public Employment Relations Commission (PERC) denying the Board's request to restrain an arbitration requested by the Madison Education Association (MEA). We affirm. I.
Date: June 6, 2016
Docket Number: a3794-14 PER CURIAM The Madison Board of Education (Board) appeals from a final determination of the Public Employment Relations Commission (PERC) denying the Board's request to restrain an arbitration requested by the Madison Education Association (MEA). We affirm. I.
STATE OF NEW JERSEY v. GERALD M. HARRIS, a/k/a GERALD HARRIS HARRISON
Date: June 6, 2016
Docket Number: a4683-12 PER CURIAM Defendant Gerald M. Harris appeals the Law Division's order denying his motion to suppress evidence, and the jury verdict finding him guilty of: third-degree distribution of a controlled dangerous substance (CDS), N.J.S.A. 2C:35-5(a)(1) and 2C:35-5(b)(3) (count one); third-degree distribution of a CDS within 1,000 feet of school property, N.J.S.A. 2C:35-7 (count two); third-degree possession of a CDS, N.J.S.A. 2C:35-10(a)(1) (count three); third-degree possession of a CDS with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and N.J.S.A 2C:35-5(b)(3) (count four); and third-degree possession of a CDS with intent to distribute within 1,000 feet of school property, N.J.S.A. 2C:35-7 (count five). He also appeals the court's decision not to merge certain counts at sentencing.
Date: June 6, 2016
Docket Number: a4683-12 PER CURIAM Defendant Gerald M. Harris appeals the Law Division's order denying his motion to suppress evidence, and the jury verdict finding him guilty of: third-degree distribution of a controlled dangerous substance (CDS), N.J.S.A. 2C:35-5(a)(1) and 2C:35-5(b)(3) (count one); third-degree distribution of a CDS within 1,000 feet of school property, N.J.S.A. 2C:35-7 (count two); third-degree possession of a CDS, N.J.S.A. 2C:35-10(a)(1) (count three); third-degree possession of a CDS with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and N.J.S.A 2C:35-5(b)(3) (count four); and third-degree possession of a CDS with intent to distribute within 1,000 feet of school property, N.J.S.A. 2C:35-7 (count five). He also appeals the court's decision not to merge certain counts at sentencing.
IN RE: REQUEST FOR LETTERS OF INTEREST FOR THE TRANSFER OF OPERATIONS FOR ELEVEN 11 EXISTING COMMUNITY RESIDENTIAL GH) AND TWO DAY PROGRAMS
Date: June 6, 2016
Docket Number: a4705-13 PER CURIAM Petitioner Community Access Unlimited, Inc. (CAU) appeals from a final decision of the Division of Developmental Disabilities (DDD) to award a contract for the transfer of six residential group homes to other service providers. On appeal, petitioner argues the DDD acted arbitrarily, capriciously, and unreasonably when it reviewed and scored proposals from potential service providers. For the reasons that follow, we reverse and remand for the Assistant Commissioner to determine the appropriate process for the DDD to use to rebid the contracts.
Date: June 6, 2016
Docket Number: a4705-13 PER CURIAM Petitioner Community Access Unlimited, Inc. (CAU) appeals from a final decision of the Division of Developmental Disabilities (DDD) to award a contract for the transfer of six residential group homes to other service providers. On appeal, petitioner argues the DDD acted arbitrarily, capriciously, and unreasonably when it reviewed and scored proposals from potential service providers. For the reasons that follow, we reverse and remand for the Assistant Commissioner to determine the appropriate process for the DDD to use to rebid the contracts.
New Protection v. P.J IN THE MATTER OF A.J a minor
Date: June 6, 2016
Docket Number: a4775-13 no violation of due process. H.E.S. v. J.S.C., 175 N.J. 309, 321 (2003) (citation omitted); see N.J. Div. of Youth
Date: June 6, 2016
Docket Number: a4775-13 no violation of due process. H.E.S. v. J.S.C., 175 N.J. 309, 321 (2003) (citation omitted); see N.J. Div. of Youth
EMERITA URBAN RENEWAL L.L.C v. NEW JERSEY COURT SERVICES, L.L.C., and JAY ITKOWITZ
Date: June 6, 2016
Docket Number: a4843-13 PER CURIAM New Jersey Court Services, L.L.C. and Jay Itkowitz (defendants) appeal from a May 27, 2014 order granting summary judgment and awarding plaintiff $1,911,877.12, including $17,325 for the cost of electronically stored information (ESI) discovery requests by defendants. For the foregoing reasons, we affirm.
Date: June 6, 2016
Docket Number: a4843-13 PER CURIAM New Jersey Court Services, L.L.C. and Jay Itkowitz (defendants) appeal from a May 27, 2014 order granting summary judgment and awarding plaintiff $1,911,877.12, including $17,325 for the cost of electronically stored information (ESI) discovery requests by defendants. For the foregoing reasons, we affirm.
DIVISION OF CHILD PROTECTION AND PERMANENCY v. T.T IN THE MATTER OF THE GUARDIANSHIP OF P.L.E and C.D Minors
Date: June 6, 2016
Docket Number: a4990-13 PER CURIAM Defendant T.T. appeals from a May 20, 2014 judgment of guardianship entered by the Family Part, terminating her parental rights to her children, Penny and Carrie.1 We affirm.
Date: June 6, 2016
Docket Number: a4990-13 PER CURIAM Defendant T.T. appeals from a May 20, 2014 judgment of guardianship entered by the Family Part, terminating her parental rights to her children, Penny and Carrie.1 We affirm.
HELEN NAGY-MILLER v. BRANDON M. PARKIN and LINDA S. PARKIN
Date: June 6, 2016
Docket Number: a5134-13 SUMNERS, JR., J.A.D. Following a damages-only expedited trial in this auto negligence action, the jury rendered a verdict in favor of defendant Brandon M. Parkin. Plaintiff Helen Nagy-Miller appeals from the order denying her motion for a new trial. For the following reasons, we affirm.
Date: June 6, 2016
Docket Number: a5134-13 SUMNERS, JR., J.A.D. Following a damages-only expedited trial in this auto negligence action, the jury rendered a verdict in favor of defendant Brandon M. Parkin. Plaintiff Helen Nagy-Miller appeals from the order denying her motion for a new trial. For the following reasons, we affirm.
STATE OF NEW JERSEY v. WILLIAM MEYER
Date: June 6, 2016
Docket Number: a5643-13 PER CURIAM Defendant William Meyer appeals from the denial of his petition for post-conviction relief (PCR) without an evidentiary hearing. For the reasons that follow, we affirm.
Date: June 6, 2016
Docket Number: a5643-13 PER CURIAM Defendant William Meyer appeals from the denial of his petition for post-conviction relief (PCR) without an evidentiary hearing. For the reasons that follow, we affirm.
IN THE MATTER OF THE ESTATE OF KEITH R. O'MALLEY DECEASED
Date: June 1, 2016
Docket Number: a3560-14
Date: June 1, 2016
Docket Number: a3560-14
MARIE PHILLIPS v. NEW JERSEY DEPARTMENT OF HEALTH AND SENIOR SERVICES
Date: May 31, 2016
Docket Number: a1068-14
Date: May 31, 2016
Docket Number: a1068-14
VICTOR PODOLEC v. JOSE R. TORRES, ESQ RONALD S. HEYMANN, ESQ., and HEYMANN amp; FLETCHER, ESQS
Date: May 31, 2016
Docket Number: a1678-14
Date: May 31, 2016
Docket Number: a1678-14
VILLAGE SUPERMARKET INC v. MIDDLE TOWNSHIP PLANNING BOARD
Date: May 31, 2016
Docket Number: a3126-14
Date: May 31, 2016
Docket Number: a3126-14
DIVISION OF CHILD PROTECTION AND PERMANENCY v. V.G. and J.G IN THE MATTER OF G.P and R.T., Jr minors
Date: May 26, 2016
Docket Number: a4120-13
Date: May 26, 2016
Docket Number: a4120-13
DIVISION OF CHILD PROTECTION AND PERMANENCY v. T.J IN THE MATTER OF I.J. and A.B., minors
Date: May 26, 2016
Docket Number: a5048-13
Date: May 26, 2016
Docket Number: a5048-13
DIVISION OF CHILD PROTECTION AND PERMANENCY v. K.A and E.R.B IN THE MATTER OF THE GUARDIANSHIP OF S.A.A. and E.R.A minors
Date: May 26, 2016
Docket Number: a5195-14
Date: May 26, 2016
Docket Number: a5195-14
CASE MEDICAL, INC v. ADVANCED STERILIZATION PRODUCTS SERVICES, INC
Date: May 25, 2016
Docket Number: a0567-15
Date: May 25, 2016
Docket Number: a0567-15
RETIRED POLICE OFFICERS ASSOCIATION OF SEA ISLE CITY v. CITY OF SEA ISLE CITY
Date: May 25, 2016
Docket Number: a0964-14
Date: May 25, 2016
Docket Number: a0964-14
WEINER & MAZZEI P.C and PHILLIP A. LAPORTA ESQ v. THE SATTIRAJU LAW FIRM PC
Date: May 25, 2016
Docket Number: a1079-14
Date: May 25, 2016
Docket Number: a1079-14
MARCO A. YAMUNAQUE v. BOARD OF REVIEW DEPARTMENT OF LABOR
Date: May 25, 2016
Docket Number: a1137-14
Date: May 25, 2016
Docket Number: a1137-14
STATE OF NEW JERSEY v. MARLON D. HARGIS, a/k/a MARLON D. HARGIS, JR and MARION D. HARGIS
Date: May 25, 2016
Docket Number: a1541-14
Date: May 25, 2016
Docket Number: a1541-14
BAYWAY LUMBER, INC v. KREVSKY SILBER & BERGEN and PHILIP M. KREVSKY -
Date: May 25, 2016
Docket Number: a5017-14
Date: May 25, 2016
Docket Number: a5017-14
IN THE MATTER OF STEPHEN DAVIS, MERCER COUNTY DEPARTMENT OF PUBLIC SAFETY
Date: May 24, 2016
Docket Number: a0299-14
Date: May 24, 2016
Docket Number: a0299-14
PHILLIPSBURG REVIEW ORGANIZATION, INC v. ESTATE OF MARK ROGERS ELIJAH BRYANT et ux
Date: May 24, 2016
Docket Number: a1634-14
Date: May 24, 2016
Docket Number: a1634-14
NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION - v. ENA MEAT PACKING, INC.
Date: May 24, 2016
Docket Number: a3785-14
Date: May 24, 2016
Docket Number: a3785-14
DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.B and C.M. and S.W
Date: May 23, 2016
Docket Number: a1640-14
Date: May 23, 2016
Docket Number: a1640-14
IN THE MATTER OF ENGLEWOOD MEDICAL CENTER'S SFY 2014 CHARITY CARE SUBSIDY APPEAL
Date: May 20, 2016
Docket Number: a1555-13
Date: May 20, 2016
Docket Number: a1555-13
DIVISION OF CHILD PROTECTION AND PERMANENCY v. V.R IN THE MATTER OF E.R., Z.B., and Z.R Minors
Date: May 20, 2016
Docket Number: a1850-14
Date: May 20, 2016
Docket Number: a1850-14
ALFREDO GUTIERREZ and RENA ANDERSON v. FIRAS HAMADE, ABBAS JEWELRY CORPORATION d/b/a LEENS JEWELRY -
Date: May 20, 2016
Docket Number: a2786-14
Date: May 20, 2016
Docket Number: a2786-14
IN RE MEDICAID INPATIENT HOSPITAL REIMBURSEMENT RATE APPEALS FOR 2009-2012
Date: May 20, 2016
Docket Number: a3726-13
Date: May 20, 2016
Docket Number: a3726-13
NEW JERSEY MANUFACTURERS INSURANCE GROUP v. NORTH JERSEY SURGERY CENTER
Date: May 19, 2016
Docket Number: a0824-14
Date: May 19, 2016
Docket Number: a0824-14
STATE OF NEW JERSEY v. MARLON D. HARGIS, a/k/a MARLON D. HARGIS, JR and MARION D. HARGIS
Date: May 18, 2016
Docket Number: a1541-14
Date: May 18, 2016
Docket Number: a1541-14
DESI LEE, a/k/a ALROCMOND GREEN, ROCK LEE ALROCMOND MILLER, HAKEE MILLER ZAKEE MILLER, SHEKIL MINTER ZAKEE S. MINTER, ABDUR R MUHAMMAD ABDUR RAHMAN, SHEKIL WILSON v. NEW JERSEY STATE PAROLE BOARD
Date: May 18, 2016
Docket Number: a1666-14
Date: May 18, 2016
Docket Number: a1666-14
BACHARACH INSTITUTE FOR REHABILITATION, INC v. GALLOWAY TOWNSHIP ZONING BOARD OF ADJUSTMENT AND HEALTH RESOURCES OF NEW JERSEY, L.L.C -
Date: May 18, 2016
Docket Number: a2364-14
Date: May 18, 2016
Docket Number: a2364-14
SHANE HUNSICKER - v. BOARD OF EDUCATION OF THE HIGH POINT REGIONAL HIGH SCHOOL, SUSSEX COUNTY
Date: May 18, 2016
Docket Number: a3314-14
Date: May 18, 2016
Docket Number: a3314-14
BAC HOME LOANS SERVICING L.P. v. GEORGE S. ELGHOSSAIN and MONA C. ELGHOSSAIN
Date: May 16, 2016
Docket Number: a2658-14
Date: May 16, 2016
Docket Number: a2658-14
STATE OF NEW JERSEY v. SHARIEF MUHAMMED, a/k/a SHAREEF H MUHAMMAD, a/k/a SHAREEF MUHAMMAD a/k/a SHAREEF MOHAMMED a/k/a COREY PITTMAN, a/k/a SHARIEF H MUHAMMED, a/k/a SHARIEF MUHAMMAD
Date: May 16, 2016
Docket Number: a2965-14
Date: May 16, 2016
Docket Number: a2965-14
IN THE MATTER OF BELLEVILLE TOWNSHIP BOARD OF EDUCATION - v. BELLEVILLE EDUCATION ASSOCIATION -
Date: May 16, 2016
Docket Number: a4690-14 PER CURIAM The Belleville Township Board of Education (the Board) appeals from a scope of negotiations determination by the Public Employment Relations Commission (PERC), which declared as arbitrable certain portions of a grievance filed by the Belleville Education Association (the Association). We affirm.
Date: May 16, 2016
Docket Number: a4690-14 PER CURIAM The Belleville Township Board of Education (the Board) appeals from a scope of negotiations determination by the Public Employment Relations Commission (PERC), which declared as arbitrable certain portions of a grievance filed by the Belleville Education Association (the Association). We affirm.
CAMERON HARDY v. SPARTA TOWNSHIP HIGH SCHOOL SPARTA TOWNSHIP BOARD OF EDUCATION FRANK MARCHIANO and PATRICK SHEA v. CHRISTOPHER PANTEN
Date: May 16, 2016
Docket Number: a5417-13 PER CURIAM Plaintiff Cameron Hardy, a high school student, appeals from the Law Division's grant of summary judgment to defendants Sparta Township High School, Sparta Township Board of Education, Patrick Shea, and Frank Marchiano (collectively Sparta) based on his failure to establish liability and failure to provide medical proof supporting his pain and suffering claim. For the reasons discussed below, we affirm in part and reverse and remand in part.
Date: May 16, 2016
Docket Number: a5417-13 PER CURIAM Plaintiff Cameron Hardy, a high school student, appeals from the Law Division's grant of summary judgment to defendants Sparta Township High School, Sparta Township Board of Education, Patrick Shea, and Frank Marchiano (collectively Sparta) based on his failure to establish liability and failure to provide medical proof supporting his pain and suffering claim. For the reasons discussed below, we affirm in part and reverse and remand in part.
ABBE FLEMING v. JOSEPH FLEMING
Date: May 16, 2016
Docket Number: a5746-13 PER CURIAM In this highly contentions matrimonial matter, defendant Joseph Fleming appeals from a July 15, 2014 post-judgment order denying reconsideration of a May 23, 2014 order. The latter order compelled defendant to transfer to plaintiff Abbe Fleming thirty-two percent of certain gross non-salary compensation. The Family Part judge found sums received by defendant represented "bonuses," and were subject to provisions of the parties' Property Settlement Agreement (PSA) requiring payment of supplemental alimony and child support. Defendant challenges the finding as unsupported and also appeals from provisions in the same order requiring him to repay a loan incurred for college costs for the parties' oldest child and to contribute 60% toward ongoing college expenses for the younger children. Defendant maintains this order was erroneous because it is the children's obligation to repay student loans and he was not consulted regarding the second child's college choice, in contravention to the PSA. Plaintiff cross-appealed from the same order. She argues the judge excluded other compensation defendant received by mistakenly finding these sums fell outside the category of "bonuses." She also challenges the denial of her request to modify child support to require defendant to share in the newly imposed cost of her employer provided health insurance for the children.
Date: May 16, 2016
Docket Number: a5746-13 PER CURIAM In this highly contentions matrimonial matter, defendant Joseph Fleming appeals from a July 15, 2014 post-judgment order denying reconsideration of a May 23, 2014 order. The latter order compelled defendant to transfer to plaintiff Abbe Fleming thirty-two percent of certain gross non-salary compensation. The Family Part judge found sums received by defendant represented "bonuses," and were subject to provisions of the parties' Property Settlement Agreement (PSA) requiring payment of supplemental alimony and child support. Defendant challenges the finding as unsupported and also appeals from provisions in the same order requiring him to repay a loan incurred for college costs for the parties' oldest child and to contribute 60% toward ongoing college expenses for the younger children. Defendant maintains this order was erroneous because it is the children's obligation to repay student loans and he was not consulted regarding the second child's college choice, in contravention to the PSA. Plaintiff cross-appealed from the same order. She argues the judge excluded other compensation defendant received by mistakenly finding these sums fell outside the category of "bonuses." She also challenges the denial of her request to modify child support to require defendant to share in the newly imposed cost of her employer provided health insurance for the children.
M.K - v. DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES AND BURLINGTON COUNTY BOARD OF SOCIAL SERVICES -
Date: May 13, 2016
Docket Number: a0790-14
Date: May 13, 2016
Docket Number: a0790-14
BARBARA K. LEWINSON and JOHN LEWINSON v. OLD MAN RAFFERTY'S INC
Date: May 13, 2016
Docket Number: a1296-14
Date: May 13, 2016
Docket Number: a1296-14
JOSE RODRIGUES v. WELLS FARGO BANK, N.A U.S BANK NATIONAL ASSOCIATION AS TRUSTEE FOR WFMBS 2007-007 AND HSBC BANK USA NATIONAL ASSOCIATION AS TRUSTEE FOR WELLS FARGO ASSET SECURITIES CORPORATION, MORTGAGE PASS THROUGH CERTIFICATES SERIES 2007-7 -
Date: May 13, 2016
Docket Number: a2373-14
Date: May 13, 2016
Docket Number: a2373-14
DIVISION OF CHILD PROTECTION AND PERMANENCY v. G.B IN THE MATTER OF J.L.M., a minor NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. G.S.H. a/k/a G.S.H.B IN THE MATTER OF THE GUARDIANSHIP OF J.L.M.M., a minor
Date: May 13, 2016
Docket Number: a4645-12 PER CURIAM In these related appeals,1 defendant G.B. (also known by the initials of G.S.H.B.) contests the Family Part's January 6, 2011 order determining after a fact-finding hearing that she abused and neglected her daughter J.L.M. (also known by the initials of J.L.M.M.), as well as the Family Part's final judgment entered on August 4, 2014, terminating defendant's parental rights after a guardianship trial. For the reasons that follow, we affirm both appealed decisions.
Date: May 13, 2016
Docket Number: a4645-12 PER CURIAM In these related appeals,1 defendant G.B. (also known by the initials of G.S.H.B.) contests the Family Part's January 6, 2011 order determining after a fact-finding hearing that she abused and neglected her daughter J.L.M. (also known by the initials of J.L.M.M.), as well as the Family Part's final judgment entered on August 4, 2014, terminating defendant's parental rights after a guardianship trial. For the reasons that follow, we affirm both appealed decisions.
K.K.N.,1 v. BOARD OF TRUSTEES POLICE AND FIREMEN'S RETIREMENT SYSTEM
Date: May 13, 2016
Docket Number: a4651-13 PER CURIAM It is not disputed that K.K.N., a former police officer, was totally and permanently disabled with post-traumatic stress disorder (PTSD). The Board of Trustees of the Police and Firemen's Retirement System (the Board) granted her ordinary disability benefits but denied her application for accidental disability retirement benefits (ADRB), N.J.S.A. 43:16A-7.2 She appeals from that final administrative decision and also contends the Board's decision to affirm the calculation of her disability benefits was arbitrary, capricious and against the weight of the credible evidence. We affirm. I.
Date: May 13, 2016
Docket Number: a4651-13 PER CURIAM It is not disputed that K.K.N., a former police officer, was totally and permanently disabled with post-traumatic stress disorder (PTSD). The Board of Trustees of the Police and Firemen's Retirement System (the Board) granted her ordinary disability benefits but denied her application for accidental disability retirement benefits (ADRB), N.J.S.A. 43:16A-7.2 She appeals from that final administrative decision and also contends the Board's decision to affirm the calculation of her disability benefits was arbitrary, capricious and against the weight of the credible evidence. We affirm. I.
DIVISION OF CHILD PROTECTION AND PERMANENCY v. C.K. AND J.R IN THE MATTER OF THE GUARDIANSHIP OF J.C., J.R., J.R., AND B.A.R Minors
Date: May 13, 2016
Docket Number: a4663-14 PER CURIAM We consolidate these appeals to address the issues raised by the parties. Defendants C.K. (mother) and J.R. (father) are the biological parents of three children, presently eight, seven, and just shy of three years of age. C.K. is also the mother of another child, presently fourteen years of age, whom she had with J.C. The mother and father appeal from the judgment of the Family Part granting the guardianship petitions filed by the Division of Child Protection and Permanency (Division) thereby terminating their parental rights over their three children. That same judgment also terminated the mother's and J.C.'s parental rights to their child, from which the mother also appeals. J.C. did not appeal from this judgment.
Date: May 13, 2016
Docket Number: a4663-14 PER CURIAM We consolidate these appeals to address the issues raised by the parties. Defendants C.K. (mother) and J.R. (father) are the biological parents of three children, presently eight, seven, and just shy of three years of age. C.K. is also the mother of another child, presently fourteen years of age, whom she had with J.C. The mother and father appeal from the judgment of the Family Part granting the guardianship petitions filed by the Division of Child Protection and Permanency (Division) thereby terminating their parental rights over their three children. That same judgment also terminated the mother's and J.C.'s parental rights to their child, from which the mother also appeals. J.C. did not appeal from this judgment.
SHERRIE PEARL v. VOORHEES TOWNSHIP BOARD OF EDUCATION and VOORHEES TOWNSHIP PUBLIC SCHOOLS - and CAMDEN COUNTY and CAMDEN COUNTY BOARD OF ELECTIONS
Date: May 12, 2016
Docket Number: a1262-14
Date: May 12, 2016
Docket Number: a1262-14
ERIK LUKMANN v. WENESCO RESTAURANT SYSTEMS, INC d/b/a WENDYS; WENESCO RESTAURANT SYSTEMS, LLC., d/b/a WENDYS WENESECO RESTAURANTS INC., d/b/a WENDYS; WENESCO FORT LEE, LLC d/b/a WENDYS; WENDY'S INTERNATIONAL INC., d/b/a WENDYS -
Date: May 12, 2016
Docket Number: a1451-14
Date: May 12, 2016
Docket Number: a1451-14
BROADWAY ENTERTAINMENT, LLC t/a QUILVIO'S TAVERN ELEDEN CORP t/a EL EDEN BAR & LIQUORS; YHOMAX, INC t/a J&G LOUNGE LIQUORS; AMIGOS BEVERAGES, LLC, t/a BOULEVARD LIQUORS LOS ANGELES LIQUORS #2 INC.; LUCKY LIQUORS, LLC; 10TH AVENUE LIQUOR & FOOD
Date: May 12, 2016
Docket Number: a2254-14
Date: May 12, 2016
Docket Number: a2254-14
SHAUNA M. MCGOWAN v. BOARD OF REVIEW DEPARTMENT OF LABOR and ANN TAYLOR RETAIL, INC
Date: May 12, 2016
Docket Number: a2405-14
Date: May 12, 2016
Docket Number: a2405-14
STATE OF NEW JERSEY v. KIRTREL GADSON Before Judges Fasciale and Higbee On appeal from Superior Court of New Jersey, Law Division, Essex County Indictment No. 10-01-0191 Joseph E. Krakora, Public Defender, attorney for (Mark Zavotsky Designated Cou
Date: May 12, 2016
Docket Number: a2900-14
Date: May 12, 2016
Docket Number: a2900-14
PATRICIA NOLAN v. RANDY L. GAECKLER
Date: May 12, 2016
Docket Number: a3385-14 PER CURIAM Plaintiff Patricia A. Nolan appeals from the Family Part's February 12, 2015, order dismissing for lack of subject matter jurisdiction her motion to increase the child support obligation of defendant Randy L. Gaeckler, and to establish arrears. We affirm substantially for the reasons set forth in the cogent written opinion of Assignment Judge Julio Mendez.
Date: May 12, 2016
Docket Number: a3385-14 PER CURIAM Plaintiff Patricia A. Nolan appeals from the Family Part's February 12, 2015, order dismissing for lack of subject matter jurisdiction her motion to increase the child support obligation of defendant Randy L. Gaeckler, and to establish arrears. We affirm substantially for the reasons set forth in the cogent written opinion of Assignment Judge Julio Mendez.
A-4847-14T4 SOUTHERN BURLINGTON COUNTY N.A.A.C.P., and CAMDEN COUNTY N.A.A.C.P and DAVIS ENTERPRISES v. TOWNSHIP OF MOUNT LAUREL ANNA SULLIVAN, EDWARD SULLIVAN PATRICIA FRASIER KATHLEEN EICHOLTZ, LORETTA M BARR, NORMA PAINTER, BERNADETTE ALESSIO, MINDY
Date: May 12, 2016
Docket Number: a3809-14 PER CURIAM In these separate interlocutory appeals, which we now consolidate for disposition of the issues raised, we examine the propriety of orders which dealt with the right of Stephen M. Eisdorfer and Hill Wallack LLP to continue to represent Davis Communities, Inc. and others1 in these two matters. In the first matter — Southern Burlington County N.A.A.C.P. v. Township of Mt. Laurel (hereafter Mt. Laurel) — Chancery Judge Karen L. Suter granted plaintiffs' motion to disqualify Eisdorfer and Hill Wallack; in the second — Sullivan v. Davis Communities, Inc. (hereafter Sullivan) — a different judge denied a similar motion. We affirm the order entered in Mt. Laurel and reverse the order entered in Sullivan.
Date: May 12, 2016
Docket Number: a3809-14 PER CURIAM In these separate interlocutory appeals, which we now consolidate for disposition of the issues raised, we examine the propriety of orders which dealt with the right of Stephen M. Eisdorfer and Hill Wallack LLP to continue to represent Davis Communities, Inc. and others1 in these two matters. In the first matter — Southern Burlington County N.A.A.C.P. v. Township of Mt. Laurel (hereafter Mt. Laurel) — Chancery Judge Karen L. Suter granted plaintiffs' motion to disqualify Eisdorfer and Hill Wallack; in the second — Sullivan v. Davis Communities, Inc. (hereafter Sullivan) — a different judge denied a similar motion. We affirm the order entered in Mt. Laurel and reverse the order entered in Sullivan.
DIVISION OF CHILD PROTECTION AND PERMANENCY v. T.C and G.B IN THE MATTER OF THE GUARDIANSHIP OF M.M.C., a minor
Date: May 12, 2016
Docket Number: a4375-14 PER CURIAM Defendant T.C. (Terry)1 appeals from a judgment entered at the conclusion of a six-day trial in 2015 that terminated her parental rights to M.M.C. (Mati), who was born in August 2010. Terry, who suffers from cognitive limitations and mental health issues, argues the Division of Child Protection and Permanency (the Division) failed to prove the four prongs of N.J.S.A. 30:4C-15.1(a). She specifically argues:
Date: May 12, 2016
Docket Number: a4375-14 PER CURIAM Defendant T.C. (Terry)1 appeals from a judgment entered at the conclusion of a six-day trial in 2015 that terminated her parental rights to M.M.C. (Mati), who was born in August 2010. Terry, who suffers from cognitive limitations and mental health issues, argues the Division of Child Protection and Permanency (the Division) failed to prove the four prongs of N.J.S.A. 30:4C-15.1(a). She specifically argues:
KENNETH SMITH-HARPER v. NEW JERSEY STATE PAROLE BOARD
Date: May 12, 2016
Docket Number: a4754-13 PER CURIAM Kenneth Smith-Harper, an inmate currently housed at New Jersey State Prison, appeals from the Parole Board's September 25, 2013 final agency decision upholding the revocation of his parole and directing that he must serve the balance of his mandatory parole supervision term in custody. In April 2003, appellant pled guilty to first-degree robbery, N.J.S.A. 2C:15-1. The guilty plea was pursuant to an agreement in which the State agreed to dismiss the other four counts of the indictment, including aggravated criminal sexual contact. The robbery involved appellant's attack of a female employee at a casino in Atlantic City on February 17, 2002, who appellant punched and held at knifepoint before she broke free. Consistent with the plea agreement, the criminal judge sentenced defendant to a custodial term of ten years for the robbery, subject to the terms of the No Early Release Act ("NERA"), N.J.S.A. 2C:43-7.2. In adherence to the requirements of NERA, the court imposed upon appellant a five-year period of mandatory parole supervision upon his release from custody. See N.J.S.A. 2C:43-7.2(c).
Date: May 12, 2016
Docket Number: a4754-13 PER CURIAM Kenneth Smith-Harper, an inmate currently housed at New Jersey State Prison, appeals from the Parole Board's September 25, 2013 final agency decision upholding the revocation of his parole and directing that he must serve the balance of his mandatory parole supervision term in custody. In April 2003, appellant pled guilty to first-degree robbery, N.J.S.A. 2C:15-1. The guilty plea was pursuant to an agreement in which the State agreed to dismiss the other four counts of the indictment, including aggravated criminal sexual contact. The robbery involved appellant's attack of a female employee at a casino in Atlantic City on February 17, 2002, who appellant punched and held at knifepoint before she broke free. Consistent with the plea agreement, the criminal judge sentenced defendant to a custodial term of ten years for the robbery, subject to the terms of the No Early Release Act ("NERA"), N.J.S.A. 2C:43-7.2. In adherence to the requirements of NERA, the court imposed upon appellant a five-year period of mandatory parole supervision upon his release from custody. See N.J.S.A. 2C:43-7.2(c).
STATE TROOPERS FRATERNAL ASSOCIATION OF NEW JERSEY on behalf of its individual members, and all other persons similarly situated, and NEW JERSEY NON-COMMISSIONED OFFICERS ASSOCIATION,1 on behalf of its members and all other persons similarly situated, but
Date: May 12, 2016
Docket Number: a5239-14 PER CURIAM Appellants New Jersey State Troopers Fraternal Association and New Jersey Non-Commissioned Officers Association appeal from the issuance by the Attorney General (AG) of Directive No. 2015-1 (the Directive), establishing statewide standards governing the use of body-worn cameras (BWCs) by law enforcement officers. This appeal turns on whether or not the Directive constitutes an "administrative rule" that the AG could not adopt without following the formal agency rule-making process set forth in the Administrative Procedure Act (APA), N.J.S.A. 52:14B-1 to -15. We conclude that it does not constitute an administrative rule for APA purposes, and therefore affirm the action of the AG issuing the Directive.
Date: May 12, 2016
Docket Number: a5239-14 PER CURIAM Appellants New Jersey State Troopers Fraternal Association and New Jersey Non-Commissioned Officers Association appeal from the issuance by the Attorney General (AG) of Directive No. 2015-1 (the Directive), establishing statewide standards governing the use of body-worn cameras (BWCs) by law enforcement officers. This appeal turns on whether or not the Directive constitutes an "administrative rule" that the AG could not adopt without following the formal agency rule-making process set forth in the Administrative Procedure Act (APA), N.J.S.A. 52:14B-1 to -15. We conclude that it does not constitute an administrative rule for APA purposes, and therefore affirm the action of the AG issuing the Directive.
ALUMNI ASSOCIATION OF NEW JERSEY INSTITUTE OF TECHNOLOGY v. NEW JERSEY INSTITUTE OF TECHNOLOGY
Date: May 12, 2016
Docket Number: a5283-13 PER CURIAM Plaintiff Alumni Association of New Jersey Institute of Technology (the Association or plaintiff) appeals from a May 29, 2014 judgment in favor of defendant New Jersey Institute of Technology (NJIT, the University, or defendant).
Date: May 12, 2016
Docket Number: a5283-13 PER CURIAM Plaintiff Alumni Association of New Jersey Institute of Technology (the Association or plaintiff) appeals from a May 29, 2014 judgment in favor of defendant New Jersey Institute of Technology (NJIT, the University, or defendant).
PHARMACY & HEALTHCARE COMMUNICATIONS, L.L.C. v. NATIONAL CASUALTY COMPANY
Date: May 11, 2016
Docket Number: a0382-14
Date: May 11, 2016
Docket Number: a0382-14
E.L v. DEPARTMENT OF HUMAN SERVICES DIVISION OF FAMILY DEVELOPMENT
Date: May 11, 2016
Docket Number: a1668-14
Date: May 11, 2016
Docket Number: a1668-14
NATASHA COLLOVA v. WESTWOOD REGIONAL SCHOOL BOARD OF EDUCATION and BRUCE THAMES
Date: May 11, 2016
Docket Number: a2663-14
Date: May 11, 2016
Docket Number: a2663-14
DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.H and C.A IN THE MATTER OF THE GUARDIANSHIP OF K.F.A., DR.S. and DE.S., minors
Date: May 11, 2016
Docket Number: a4612-14 PER CURIAM C.A. (Calvin) appeals from the June 2, 2015 judgment of guardianship terminating his parental rights to his daughter Dr.S. (Drew) and son De.S. (Dennis),1 fraternal twins born April 8, 2014. The children's Law Guardian joins the Division in opposing the appeal.
Date: May 11, 2016
Docket Number: a4612-14 PER CURIAM C.A. (Calvin) appeals from the June 2, 2015 judgment of guardianship terminating his parental rights to his daughter Dr.S. (Drew) and son De.S. (Dennis),1 fraternal twins born April 8, 2014. The children's Law Guardian joins the Division in opposing the appeal.
DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.M and K.M (Deceased IN THE MATTER OF THE GUARDIANSHIP OF J.K.M Minor
Date: May 11, 2016
Docket Number: a4821-14 PER CURIAM J.M.1 appeals the trial court's June 11, 2015 order terminating her parental rights to her child, Jimmy. We affirm.
Date: May 11, 2016
Docket Number: a4821-14 PER CURIAM J.M.1 appeals the trial court's June 11, 2015 order terminating her parental rights to her child, Jimmy. We affirm.
DIVISION OF CHILD PROTECTION AND PERMANENCY v. N.D IN THE MATTER OF I.D Minor
Date: May 11, 2016
Docket Number: a5044-13 PER CURIAM Defendant N.D. (Nadine) appeals from a May 16, 2014 Family Part fact-finding order, determining that she abused or neglected her three-year-old son, I.D. (Ian).1 Having considered Nadine's arguments in light of the record and applicable legal standards, we affirm.
Date: May 11, 2016
Docket Number: a5044-13 PER CURIAM Defendant N.D. (Nadine) appeals from a May 16, 2014 Family Part fact-finding order, determining that she abused or neglected her three-year-old son, I.D. (Ian).1 Having considered Nadine's arguments in light of the record and applicable legal standards, we affirm.
STATE OF NEW JERSEY v. ISAAC D. JERDAN, a/k/a ISAAC JORDAN and ISAAC JERDAS
Date: May 10, 2016
Docket Number: a1706-14
Date: May 10, 2016
Docket Number: a1706-14
BARBARA WELLS v. BOARD OF REVIEW DEPARTMENT OF LABOR and ACHIEVEMENT INCENTIVES AND MEETINGS CORP
Date: May 10, 2016
Docket Number: a2202-14
Date: May 10, 2016
Docket Number: a2202-14
ROBERT RADITZ v. BEVERLY CITY POLICE DEPARTMENT CITY OF BEVERLY RICHARD WOLBERT and ROBERT THIBAULT -
Date: May 10, 2016
Docket Number: a2512-14
Date: May 10, 2016
Docket Number: a2512-14
STATE OF NEW JERSEY v. KELVIN J. VALLADARES a/k/a KEVIN VALLADARES
Date: May 10, 2016
Docket Number: a2680-14
Date: May 10, 2016
Docket Number: a2680-14
DOREEN HAYES v. BARBARA DELAMOTTE / v. GEICO INSURANCE COMPANY
Date: May 10, 2016
Docket Number: a3387-14 PER CURIAM Defendant Barbara Delamotte appeals from the entry of two orders: a July 31, 2014 order granting plaintiff's motion for a new trial following a no cause verdict; and a March 2, 2015 order denying defendant's motion for a new trial after the second trial resulted in a verdict in favor of plaintiff. We reverse the July 31, 2014 order granting a new trial and reinstate the first jury verdict. In accord with our decision, we vacate the jury verdict and judgment following the second trial.
Date: May 10, 2016
Docket Number: a3387-14 PER CURIAM Defendant Barbara Delamotte appeals from the entry of two orders: a July 31, 2014 order granting plaintiff's motion for a new trial following a no cause verdict; and a March 2, 2015 order denying defendant's motion for a new trial after the second trial resulted in a verdict in favor of plaintiff. We reverse the July 31, 2014 order granting a new trial and reinstate the first jury verdict. In accord with our decision, we vacate the jury verdict and judgment following the second trial.
STATE OF NEW JERSEY v. ANDRZEJ KALINSKI
Date: May 10, 2016
Docket Number: a3432-14 PER CURIAM Defendant Andrzej Kalinski appeals from a February 19, 2015 Law Division order entered after a de novo hearing on a municipal appeal denying his motion to correct court records under Rule 1:13-1. The court denied defendant's request to correct the records of his April 9, 1996 conviction for driving while intoxicated (DWI), N.J.S.A. 39:4-50, to reflect a conviction for refusal to submit to chemical tests (Refusal), N.J.S.A. 39:4-50.4a. We affirm.
Date: May 10, 2016
Docket Number: a3432-14 PER CURIAM Defendant Andrzej Kalinski appeals from a February 19, 2015 Law Division order entered after a de novo hearing on a municipal appeal denying his motion to correct court records under Rule 1:13-1. The court denied defendant's request to correct the records of his April 9, 1996 conviction for driving while intoxicated (DWI), N.J.S.A. 39:4-50, to reflect a conviction for refusal to submit to chemical tests (Refusal), N.J.S.A. 39:4-50.4a. We affirm.
STATE OF NEW JERSEY v. GREGORY WRIGHT
Date: May 10, 2016
Docket Number: a3810-12 PER CURIAM Defendant Gregory Wright appeals his August 29, 2012 judgment of conviction. We affirm.
Date: May 10, 2016
Docket Number: a3810-12 PER CURIAM Defendant Gregory Wright appeals his August 29, 2012 judgment of conviction. We affirm.
STATE OF NEW JERSEY v. KELLY FOWLER
Date: May 10, 2016
Docket Number: a3860-13 PER CURIAM In the early morning hours of October 9, 2011, a fire broke out on the front porch of a residential home in West Orange. Three people were sleeping in the home at the time, but they all escaped unharmed. An investigation concluded that the fire had been deliberately set and defendant Kelly Fowler was charged with starting the fire. A jury found defendant guilty of second-degree aggravated arson, N.J.S.A. 2C:17-1(a)(1); third-degree burglary, N.J.S.A. 2C:18-2(a)(1); and third-degree criminal mischief, N.J.S.A. 2C:17-3(a). The convictions for burglary and criminal mischief were merged into the aggravated arson conviction, and defendant was sentenced to eight years in prison with an eighty-five percent parole ineligibility term in accordance with the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant appeals from her convictions and sentence. We affirm. I.
Date: May 10, 2016
Docket Number: a3860-13 PER CURIAM In the early morning hours of October 9, 2011, a fire broke out on the front porch of a residential home in West Orange. Three people were sleeping in the home at the time, but they all escaped unharmed. An investigation concluded that the fire had been deliberately set and defendant Kelly Fowler was charged with starting the fire. A jury found defendant guilty of second-degree aggravated arson, N.J.S.A. 2C:17-1(a)(1); third-degree burglary, N.J.S.A. 2C:18-2(a)(1); and third-degree criminal mischief, N.J.S.A. 2C:17-3(a). The convictions for burglary and criminal mischief were merged into the aggravated arson conviction, and defendant was sentenced to eight years in prison with an eighty-five percent parole ineligibility term in accordance with the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant appeals from her convictions and sentence. We affirm. I.
STATE OF NEW JERSEY v. CATARINA YOUNG
Date: May 10, 2016
Docket Number: a4034-13 PER CURIAM On December 15, 2011, a Middlesex County grand jury returned an indictment charging defendant Catarina Young with second-degree theft by unlawful taking or disposition, N.J.S.A. 2C:20-3 (count one); second-degree misapplication of entrusted property of a financial institution, N.J.S.A. 2C:21-15 (count two); and third-degree forgery, N.J.S.A. 2C:21-1(a)(2) (count three). In October 2013, the matter proceeded to trial before a jury. During the trial, the judge denied defendant's motion to bar the State from calling a witness based on an alleged discovery violation. The judge also denied defendant's motion for a judgment of acquittal at the close of the State's case.
Date: May 10, 2016
Docket Number: a4034-13 PER CURIAM On December 15, 2011, a Middlesex County grand jury returned an indictment charging defendant Catarina Young with second-degree theft by unlawful taking or disposition, N.J.S.A. 2C:20-3 (count one); second-degree misapplication of entrusted property of a financial institution, N.J.S.A. 2C:21-15 (count two); and third-degree forgery, N.J.S.A. 2C:21-1(a)(2) (count three). In October 2013, the matter proceeded to trial before a jury. During the trial, the judge denied defendant's motion to bar the State from calling a witness based on an alleged discovery violation. The judge also denied defendant's motion for a judgment of acquittal at the close of the State's case.
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF THE INDYMAC IMSC MORTGAGE LOAN TRUST 2007-F1 MORTGAGES PASS-THROUGH CERTIFICATES, SERIES 2007-F1 UNDER THE POOLING AND SERVICING AGREEMENT DATED
Date: May 10, 2016
Docket Number: a4092-14 PER CURIAM In this mortgage foreclosure matter, defendant Margie Kutyla appeals from the April 15, 2015 Chancery Division order denying her motion to vacate a final judgment of foreclosure. We affirm. We derive the following facts and procedural history from the record. Defendant formerly held title to a residence in Towaco. On March 9, 2007, she executed a note to Quicken Loans, Inc. (Quicken) in the amount of $578,700. To secure payment, defendant executed a mortgage encumbering her residence in favor of Mortgage Electronic Registration Systems (MERS), as nominee for Quicken. The mortgage was recorded with the Morris County Clerk's Office on April 2, 2007.
Date: May 10, 2016
Docket Number: a4092-14 PER CURIAM In this mortgage foreclosure matter, defendant Margie Kutyla appeals from the April 15, 2015 Chancery Division order denying her motion to vacate a final judgment of foreclosure. We affirm. We derive the following facts and procedural history from the record. Defendant formerly held title to a residence in Towaco. On March 9, 2007, she executed a note to Quicken Loans, Inc. (Quicken) in the amount of $578,700. To secure payment, defendant executed a mortgage encumbering her residence in favor of Mortgage Electronic Registration Systems (MERS), as nominee for Quicken. The mortgage was recorded with the Morris County Clerk's Office on April 2, 2007.
74 PASSAIC AVENUE L.L.C v. BRINKERHOFF ENVIRONMENTAL SERVICES, INC
Date: May 9, 2016
Docket Number: a0153-14
Date: May 9, 2016
Docket Number: a0153-14
MARK IV TRANSPORTATION AND LOGISTICS, INC v. GREAT LAKES REINSURANCE
Date: May 9, 2016
Docket Number: a2831-14
Date: May 9, 2016
Docket Number: a2831-14
DIVISION OF CHILD PROTECTION AND PERMANENCY v. B.H and R.M. and A.D IN THE MATTER OF THE GUARDIANSHIP OF M.H., M.A.H N.H. and C.H., minors
Date: May 9, 2016
Docket Number: a3542-14 PER CURIAM Defendant B.H. appeals from a final judgment terminating her parental rights to her four children. She contends that the Division of Child Protection and Permanency (Division) failed to prove the four prongs of the best interest standard of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. Having reviewed the record and applicable law, we affirm. I.
Date: May 9, 2016
Docket Number: a3542-14 PER CURIAM Defendant B.H. appeals from a final judgment terminating her parental rights to her four children. She contends that the Division of Child Protection and Permanency (Division) failed to prove the four prongs of the best interest standard of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. Having reviewed the record and applicable law, we affirm. I.
NEW protection v. B.H and R.M in
Date: May 9, 2016
Docket Number: a3885-13 PER CURIAM Defendant B.H. (Beth)1 appeals from a March 20, 2014 order finding that she had abused or neglected her youngest child by exposing the child to her paramour, A.D., who had previously been found to have sexually abused Beth's oldest child. We affirm. I.
Date: May 9, 2016
Docket Number: a3885-13 PER CURIAM Defendant B.H. (Beth)1 appeals from a March 20, 2014 order finding that she had abused or neglected her youngest child by exposing the child to her paramour, A.D., who had previously been found to have sexually abused Beth's oldest child. We affirm. I.
LAKEESHA CLYBURN v. RICHARD PEREZ and NEW JERSEY TRANSIT CORPORATION -
Date: May 9, 2016
Docket Number: a4029-14
Date: May 9, 2016
Docket Number: a4029-14
STATE OF NEW JERSEY v. ANDRE KEARSE, a/k/a KEARSE ANDRE
Date: May 9, 2016
Docket Number: a4059-12 PER CURIAM Defendant Andre Kearse appeals from the denial of his motion to suppress, his conviction for drug offenses, and his sentence to a twenty-year prison term with ten years of parole ineligibility. Counsel for defendant argues:
Date: May 9, 2016
Docket Number: a4059-12 PER CURIAM Defendant Andre Kearse appeals from the denial of his motion to suppress, his conviction for drug offenses, and his sentence to a twenty-year prison term with ten years of parole ineligibility. Counsel for defendant argues:
EN-TECH CORP v. THE CITY OF NEWARK and CAMP, DRESSER & MCKEE, INC
Date: May 9, 2016
Docket Number: a4360-13 PER CURIAM Plaintiff En-Tech Corp. appeals a Law Division order dismissing its claims against defendant Camp, Dresser & McKee, Inc. (CDM). We affirm. In 2006, the City of Newark was in the midst of a long-term multi-phase project to repair and re-line its 100-year-old brick sewers. The City agreed that CDM would serve as its engineer for "Phase V" of the project. As such, CDM prepared the plans, specifications, and bid package for the project. Phase V would require a contractor to clean the existing sewers and install cured-in-place pipe liners (CIPP liners). The City's goal was to make the rehabilitated sewers last as long as possible, and it instructed CDM to prepare the project designs assuming the current sewers were fully deteriorated.
Date: May 9, 2016
Docket Number: a4360-13 PER CURIAM Plaintiff En-Tech Corp. appeals a Law Division order dismissing its claims against defendant Camp, Dresser & McKee, Inc. (CDM). We affirm. In 2006, the City of Newark was in the midst of a long-term multi-phase project to repair and re-line its 100-year-old brick sewers. The City agreed that CDM would serve as its engineer for "Phase V" of the project. As such, CDM prepared the plans, specifications, and bid package for the project. Phase V would require a contractor to clean the existing sewers and install cured-in-place pipe liners (CIPP liners). The City's goal was to make the rehabilitated sewers last as long as possible, and it instructed CDM to prepare the project designs assuming the current sewers were fully deteriorated.
STATE OF NEW JERSEY v. JAMES J. FENTRESS
Date: May 9, 2016
Docket Number: a4451-13 PER CURIAM Defendant was tried and convicted by a jury of six counts of being a person not permitted to possess weapons as a result of prior convictions,1 N.J.S.A. 2C:39-7(b)(1), and later sentenced to concurrent eight-year prison terms on these second-degree offenses, subject to a five-year period of parole ineligibility.
Date: May 9, 2016
Docket Number: a4451-13 PER CURIAM Defendant was tried and convicted by a jury of six counts of being a person not permitted to possess weapons as a result of prior convictions,1 N.J.S.A. 2C:39-7(b)(1), and later sentenced to concurrent eight-year prison terms on these second-degree offenses, subject to a five-year period of parole ineligibility.
PATRICK EMOGENE and FLEURETTE CHERISME v. UBS WARBURG REAL ESTATE SECURITIES, INC and US REAL ESTATE SERVICES, INC s/h/a US REAL ESTATE SERVICES and USRES, INC US REAL ESTATE SERVICES, INC v. MARCON GROUP LTD. and DOUG SMOLEV MARCON GROUP LTD
Date: May 9, 2016
Docket Number: a5165-13 PER CURIAM Defendant-appellant US Real Estate Services, Inc. (USRES) appeals from the January 21, 2014 and May 30, 2014 orders that grant summary judgment and reasonable attorneys' fees and costs in favor of defendant-respondent UBS Warburg Real Estate Securities, Inc. (UBS). We reverse.
Date: May 9, 2016
Docket Number: a5165-13 PER CURIAM Defendant-appellant US Real Estate Services, Inc. (USRES) appeals from the January 21, 2014 and May 30, 2014 orders that grant summary judgment and reasonable attorneys' fees and costs in favor of defendant-respondent UBS Warburg Real Estate Securities, Inc. (UBS). We reverse.
STATE OF NEW JERSEY v. RICHARD RAMON GARDNER a/k/a GARY EVANS RICKY, IAN, J. ELIE and RICHARD M. GARDNER
Date: May 6, 2016
Docket Number: a1375-14
Date: May 6, 2016
Docket Number: a1375-14
IN THE MATTER OF THE GENERAL ASSIGNMENT FOR THE BENEFIT OF CREDITORS OF EXPORT TRANSPORT CO., INC to DAVID L. BRUCK, ESQ PENSKE TRUCK LEASING CO., L.P v. COOL TRANS NJ LIMITED LIABILITY COMPANY and ERIC BIERMAN
Date: May 6, 2016
Docket Number: a3309-14
Date: May 6, 2016
Docket Number: a3309-14
IN THE MATTER OF MADISON BOARD OF EDUCATION - and MADISON EDUCATION ASSOCIATION -
Date: May 6, 2016
Docket Number: a3794-14 PER CURIAM The Madison Board of Education (Board) appeals from a final determination of the Public Employment Relations Commission (PERC) denying the Board's request to restrain an arbitration requested by the Madison Education Association (MEA). We affirm. I.
Date: May 6, 2016
Docket Number: a3794-14 PER CURIAM The Madison Board of Education (Board) appeals from a final determination of the Public Employment Relations Commission (PERC) denying the Board's request to restrain an arbitration requested by the Madison Education Association (MEA). We affirm. I.
STATE OF NEW JERSEY v. GERALD M. HARRIS, a/k/a GERALD HARRIS HARRISON
Date: May 6, 2016
Docket Number: a4683-12 PER CURIAM Defendant Gerald M. Harris appeals the Law Division's order denying his motion to suppress evidence, and the jury verdict finding him guilty of: third-degree distribution of a controlled dangerous substance (CDS), N.J.S.A. 2C:35-5(a)(1) and 2C:35-5(b)(3) (count one); third-degree distribution of a CDS within 1,000 feet of school property, N.J.S.A. 2C:35-7 (count two); third-degree possession of a CDS, N.J.S.A. 2C:35-10(a)(1) (count three); third-degree possession of a CDS with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and N.J.S.A 2C:35-5(b)(3) (count four); and third-degree possession of a CDS with intent to distribute within 1,000 feet of school property, N.J.S.A. 2C:35-7 (count five). He also appeals the court's decision not to merge certain counts at sentencing.
Date: May 6, 2016
Docket Number: a4683-12 PER CURIAM Defendant Gerald M. Harris appeals the Law Division's order denying his motion to suppress evidence, and the jury verdict finding him guilty of: third-degree distribution of a controlled dangerous substance (CDS), N.J.S.A. 2C:35-5(a)(1) and 2C:35-5(b)(3) (count one); third-degree distribution of a CDS within 1,000 feet of school property, N.J.S.A. 2C:35-7 (count two); third-degree possession of a CDS, N.J.S.A. 2C:35-10(a)(1) (count three); third-degree possession of a CDS with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and N.J.S.A 2C:35-5(b)(3) (count four); and third-degree possession of a CDS with intent to distribute within 1,000 feet of school property, N.J.S.A. 2C:35-7 (count five). He also appeals the court's decision not to merge certain counts at sentencing.
IN RE: REQUEST FOR LETTERS OF INTEREST FOR THE TRANSFER OF OPERATIONS FOR ELEVEN 11 EXISTING COMMUNITY RESIDENTIAL GH) AND TWO DAY PROGRAMS
Date: May 6, 2016
Docket Number: a4705-13 PER CURIAM Petitioner Community Access Unlimited, Inc. (CAU) appeals from a final decision of the Division of Developmental Disabilities (DDD) to award a contract for the transfer of six residential group homes to other service providers. On appeal, petitioner argues the DDD acted arbitrarily, capriciously, and unreasonably when it reviewed and scored proposals from potential service providers. For the reasons that follow, we reverse and remand for the Assistant Commissioner to determine the appropriate process for the DDD to use to rebid the contracts.
Date: May 6, 2016
Docket Number: a4705-13 PER CURIAM Petitioner Community Access Unlimited, Inc. (CAU) appeals from a final decision of the Division of Developmental Disabilities (DDD) to award a contract for the transfer of six residential group homes to other service providers. On appeal, petitioner argues the DDD acted arbitrarily, capriciously, and unreasonably when it reviewed and scored proposals from potential service providers. For the reasons that follow, we reverse and remand for the Assistant Commissioner to determine the appropriate process for the DDD to use to rebid the contracts.
STATE OF NEW JERSEY v. WILLIAM MEYER
Date: May 6, 2016
Docket Number: a5643-13 PER CURIAM Defendant William Meyer appeals from the denial of his petition for post-conviction relief (PCR) without an evidentiary hearing. For the reasons that follow, we affirm.
Date: May 6, 2016
Docket Number: a5643-13 PER CURIAM Defendant William Meyer appeals from the denial of his petition for post-conviction relief (PCR) without an evidentiary hearing. For the reasons that follow, we affirm.
GLADYS MUNIVE v. PASSAIC COUNTY BOARD OF SOCIAL SERVICES, DEPUTY DIRECTOR ANTHONY DE SIMONE, and DIRECTOR MARK H. SCHIFFER - –
Date: May 6, 2016
Docket Number: a5938-13 PER CURIAM Plaintiff Gladys Munive appeals from an order enforcing a settlement agreement, arguing the agreement did not comply with the terms the parties reached during settlement discussions in court. We find, in the circumstances present, that the judge erred when he relied on his "recollection" of an in-chambers settlement three months after its occurrence, and imposed it as an enforceable contract on the parties. We, therefore, reverse. Plaintiff's complaint against defendants, Passaic County Board of Social Services, Deputy Director Anthony De Simone, and Director Mark H. Schiffer (defendants) arose out of an employment dispute, alleging violations of the New Jersey Law against Discrimination, N.J.S.A. 10:5-1 to -49. On the day of trial, extensive settlement discussions were conducted with the attorneys and judge in chambers, ultimately resulting in an agreement. Unfortunately, the settlement terms were not memorialized by placing them on the record in the courtroom.
Date: May 6, 2016
Docket Number: a5938-13 PER CURIAM Plaintiff Gladys Munive appeals from an order enforcing a settlement agreement, arguing the agreement did not comply with the terms the parties reached during settlement discussions in court. We find, in the circumstances present, that the judge erred when he relied on his "recollection" of an in-chambers settlement three months after its occurrence, and imposed it as an enforceable contract on the parties. We, therefore, reverse. Plaintiff's complaint against defendants, Passaic County Board of Social Services, Deputy Director Anthony De Simone, and Director Mark H. Schiffer (defendants) arose out of an employment dispute, alleging violations of the New Jersey Law against Discrimination, N.J.S.A. 10:5-1 to -49. On the day of trial, extensive settlement discussions were conducted with the attorneys and judge in chambers, ultimately resulting in an agreement. Unfortunately, the settlement terms were not memorialized by placing them on the record in the courtroom.
DIVISION OF CHILD PROTECTION AND PERMANENCY v. K.M and F.K IN THE MATTER OF T.K and N.K Minors
Date: May 5, 2016
Docket Number: a1262-13
Date: May 5, 2016
Docket Number: a1262-13
FIORRELLA ROTONDI, on her own behalf and on behalf of a class of similarly situated persons v. DIBRE AUTO GROUP, LLC d/b/a NORTH PLAINFIELD NISSAN
Date: May 5, 2016
Docket Number: a1297-15
Date: May 5, 2016
Docket Number: a1297-15
STATE OF NEW JERSEY v. TERRELL JACKSON, a/k/a DERRELL SAUNDERS
Date: May 5, 2016
Docket Number: a2832-13
Date: May 5, 2016
Docket Number: a2832-13
CHANGMIN NA individually and d/b/a LEE'S DRY CLEANERS and LEE DRY CLEANERS v. 369 FIRST STREET CONDOMINIUM ASSOCIATION,1
Date: May 5, 2016
Docket Number: a2971-14
Date: May 5, 2016
Docket Number: a2971-14
A-0017-14T4 ROBERT COSME v. NEW JERSEY DEPARTMENT OF CORRECTIONS
Date: May 5, 2016
Docket Number: a3453-13 PER CURIAM Robert Cosme appeals from three disciplinary determinations, issued by the Department of Corrections (the Department) on February 20 and 28, 2014. We affirm.
Date: May 5, 2016
Docket Number: a3453-13 PER CURIAM Robert Cosme appeals from three disciplinary determinations, issued by the Department of Corrections (the Department) on February 20 and 28, 2014. We affirm.
TARA GUADAGNO v. BOARD OF REVIEW DEPARTMENT OF LABOR and FALLON MEDICA, LLC
Date: May 5, 2016
Docket Number: a3572-13 PER CURIAM Unemployment insurance claimant Tara Guadagno appeals from the Board of Review's February 25, 2014 decision affirming the Appeal Tribunal's determination that she voluntarily left work without good cause attributable to work. Guadagno also seeks review of the Director's refund order. Having considered Guadagno's arguments in light of the record and applicable principles of law, we affirm the final decision that she was not qualified for benefits, and remand to the Director to decide whether to waive recovery of the benefits pursuant to N.J.A.C. 12:17-14.2(a)(3).
Date: May 5, 2016
Docket Number: a3572-13 PER CURIAM Unemployment insurance claimant Tara Guadagno appeals from the Board of Review's February 25, 2014 decision affirming the Appeal Tribunal's determination that she voluntarily left work without good cause attributable to work. Guadagno also seeks review of the Director's refund order. Having considered Guadagno's arguments in light of the record and applicable principles of law, we affirm the final decision that she was not qualified for benefits, and remand to the Director to decide whether to waive recovery of the benefits pursuant to N.J.A.C. 12:17-14.2(a)(3).
STATE OF NEW JERSEY v. RICARDO A. VELIZ ESCOBAR
Date: May 5, 2016
Docket Number: a3668-13 Sumners, Jr., J.A.D. Defendant Ricardo Veliz Escobar appeals from the trial court's order affirming the Middlesex County Prosecutor's rejection of his application for admission to the pretrial intervention program (PTI). Defendant contends that the State applied the wrong legal standard in denying his PTI application and engaged in a "gross abuse of discretion" by failing to individually evaluate his application. We have considered the arguments raised in light of the record and applicable legal standards. We affirm.
Date: May 5, 2016
Docket Number: a3668-13 Sumners, Jr., J.A.D. Defendant Ricardo Veliz Escobar appeals from the trial court's order affirming the Middlesex County Prosecutor's rejection of his application for admission to the pretrial intervention program (PTI). Defendant contends that the State applied the wrong legal standard in denying his PTI application and engaged in a "gross abuse of discretion" by failing to individually evaluate his application. We have considered the arguments raised in light of the record and applicable legal standards. We affirm.
STATE OF NEW JERSEY v. MANUEL E. CONCEPCION a/k/a MANNY CONCEPCION MANNY E. CONCEPCION MANUEL E. CONCEPCION JR
Date: May 5, 2016
Docket Number: a3884-13 PER CURIAM During the early morning hours of July 11, 2011, near Bellevue and Pacific Avenues in Atlantic City, Ignacio Castro met Megan Cassidy, a prostitute, and solicited her services. Cassidy told Castro she charged sixty dollars, and led him to the back of an alley. When Cassidy asked for the money up front, Castro objected and said sixty dollars was too much. Cassidy then demanded twenty dollars from Castro for wasting her time. They argued and Castro threw a $20 bill at Cassidy. After cursing at each other, Castro slapped Cassidy and she continued to yell at him as they left the alleyway.
Date: May 5, 2016
Docket Number: a3884-13 PER CURIAM During the early morning hours of July 11, 2011, near Bellevue and Pacific Avenues in Atlantic City, Ignacio Castro met Megan Cassidy, a prostitute, and solicited her services. Cassidy told Castro she charged sixty dollars, and led him to the back of an alley. When Cassidy asked for the money up front, Castro objected and said sixty dollars was too much. Cassidy then demanded twenty dollars from Castro for wasting her time. They argued and Castro threw a $20 bill at Cassidy. After cursing at each other, Castro slapped Cassidy and she continued to yell at him as they left the alleyway.
STATE OF NEW JERSEY v. TAQUALON FINCH
Date: May 5, 2016
Docket Number: a3939-13 PER CURIAM
Date: May 5, 2016
Docket Number: a3939-13 PER CURIAM
STATE OF NEW JERSEY v. QUADREE BROWN
Date: May 5, 2016
Docket Number: a4307-13 PER CURIAM Defendant Quadree Brown appeals from a June 28, 2013 Law Division order denying his petition for post-conviction relief (PCR) without an evidentiary hearing. We affirm.
Date: May 5, 2016
Docket Number: a4307-13 PER CURIAM Defendant Quadree Brown appeals from a June 28, 2013 Law Division order denying his petition for post-conviction relief (PCR) without an evidentiary hearing. We affirm.
JOSEPH OKALY v. KURT G. SENESKY, ESQ and SCHENCK, PRICE SMITH amp; KING, LLP - and IRA A. COHEN, ESQ
Date: May 5, 2016
Docket Number: a4528-13 PER CURIAM Plaintiff appeals from an order granting summary judgment to defendants Kurt G. Senesky and Schenck Price Smith & King, LLP (collectively, defendant), dismissing his legal malpractice action. We affirm. The facts underlying plaintiff's legal malpractice claim are essentially undisputed. Plaintiff was represented by defendant in his divorce action. In October 2003, during the course of the divorce action, plaintiff and his wife, Diane, entered into a consent order1 that provided for the following: (1) the marital home would be sold and the parties would equally divide the net proceeds; (2) plaintiff's share would be paid to Diane for the purchase of a new residence; (3) Diane would pay plaintiff $115,000 upon their youngest daughter graduating from college or, if not enrolled as a full-time student, upon her reaching twenty-one years of age; and (4) Diane agreed not to place additional mortgages or liens, other than a purchase-money mortgage, on the new residence.
Date: May 5, 2016
Docket Number: a4528-13 PER CURIAM Plaintiff appeals from an order granting summary judgment to defendants Kurt G. Senesky and Schenck Price Smith & King, LLP (collectively, defendant), dismissing his legal malpractice action. We affirm. The facts underlying plaintiff's legal malpractice claim are essentially undisputed. Plaintiff was represented by defendant in his divorce action. In October 2003, during the course of the divorce action, plaintiff and his wife, Diane, entered into a consent order1 that provided for the following: (1) the marital home would be sold and the parties would equally divide the net proceeds; (2) plaintiff's share would be paid to Diane for the purchase of a new residence; (3) Diane would pay plaintiff $115,000 upon their youngest daughter graduating from college or, if not enrolled as a full-time student, upon her reaching twenty-one years of age; and (4) Diane agreed not to place additional mortgages or liens, other than a purchase-money mortgage, on the new residence.
STATE OF NEW JERSEY v. GEORGE A. GREENWOOD
Date: May 5, 2016
Docket Number: a4672-13 PER CURIAM Defendant George A. Greenwood was indicted on charges of third-degree aggravated assault with a deadly weapon, N.J.S.A. 2C:12-1b(2); third-degree terroristic threats, N.J.S.A. 2C:12-3a; third-degree criminal restraint, N.J.S.A. 2C:13-2a; fourth-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5d; and third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4d. The jury convicted him of criminal restraint and unlawful possession of a weapon, and the judge sentenced defendant to five years in State prison on the criminal restraint conviction and an eighteen-month concurrent term on the weapons charge. Defendant appeals, contending the prosecutor engaged in misconduct and the sentence is excessive. We affirm.
Date: May 5, 2016
Docket Number: a4672-13 PER CURIAM Defendant George A. Greenwood was indicted on charges of third-degree aggravated assault with a deadly weapon, N.J.S.A. 2C:12-1b(2); third-degree terroristic threats, N.J.S.A. 2C:12-3a; third-degree criminal restraint, N.J.S.A. 2C:13-2a; fourth-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5d; and third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4d. The jury convicted him of criminal restraint and unlawful possession of a weapon, and the judge sentenced defendant to five years in State prison on the criminal restraint conviction and an eighteen-month concurrent term on the weapons charge. Defendant appeals, contending the prosecutor engaged in misconduct and the sentence is excessive. We affirm.
STATE OF NEW JERSEY v. MATTHEW EICHE
Date: May 5, 2016
Docket Number: a4794-14 PER CURIAM By our leave granted, the State appeals from the Law Division's order granting Matthew Eiche's motion to suppress evidence seized without a search warrant. For the reasons expressed below, we now reverse and remand the matter to the Law Division for further proceedings.
Date: May 5, 2016
Docket Number: a4794-14 PER CURIAM By our leave granted, the State appeals from the Law Division's order granting Matthew Eiche's motion to suppress evidence seized without a search warrant. For the reasons expressed below, we now reverse and remand the matter to the Law Division for further proceedings.
NATIONAL ENTERPRISES INC., AS THE SUCCESSOR IN INTEREST TO THE RESOLUTION TRUST CORPORATION v. MANCHESTER PROPERTY CO INC., MFG HOLDING CORP INC, JOHN A. FISHER SALVATORE V. FRASSETTO ANTHONY J. GERBINO WILLIAM M. PALADINI, CARL D SILVERMAN JAMES E. W
Date: May 5, 2016
Docket Number: a4999-13 PER CURIAM The court being advised by the parties in the above matter that the issues in dispute have been amicably resolved, the appeal is accordingly dismissed with prejudice and without costs to either party.
Date: May 5, 2016
Docket Number: a4999-13 PER CURIAM The court being advised by the parties in the above matter that the issues in dispute have been amicably resolved, the appeal is accordingly dismissed with prejudice and without costs to either party.
STATE OF NEW JERSEY v. JOHN J. GEIGER, III
Date: May 5, 2016
Docket Number: a5247-13 PER CURIAM Defendant John J. Geiger, III, appeals from a June 28, 2013 order denying his petition for post-conviction relief (PCR) without an evidentiary hearing. We affirm.
Date: May 5, 2016
Docket Number: a5247-13 PER CURIAM Defendant John J. Geiger, III, appeals from a June 28, 2013 order denying his petition for post-conviction relief (PCR) without an evidentiary hearing. We affirm.
IN THE MATTER OF THE TENURE HEARING OF SABINO VALDES BOARD OF EDUCATION OF THE CITY OF UNION CITY HUDSON COUNTY
Date: May 5, 2016
Docket Number: a5323-13 PER CURIAM Sabino Valdes appeals from a final decision of the Commissioner of Education, dated June 11, 2014, denying his motion to reopen proceedings which resulted in his removal as a tenured employee of the Union City Board of Education (Board). We affirm. We briefly summarize the procedural history and pertinent facts. Valdes had been employed by the Board as a plumber since 1994. On April 27, 2000, the Board informed Valdes that it had filed tenure charges against him alleging, among other things, neglect of duties, conduct unbecoming of a public employee, and insubordination. Valdes was informed that he could respond in writing to the charges within fifteen days.
Date: May 5, 2016
Docket Number: a5323-13 PER CURIAM Sabino Valdes appeals from a final decision of the Commissioner of Education, dated June 11, 2014, denying his motion to reopen proceedings which resulted in his removal as a tenured employee of the Union City Board of Education (Board). We affirm. We briefly summarize the procedural history and pertinent facts. Valdes had been employed by the Board as a plumber since 1994. On April 27, 2000, the Board informed Valdes that it had filed tenure charges against him alleging, among other things, neglect of duties, conduct unbecoming of a public employee, and insubordination. Valdes was informed that he could respond in writing to the charges within fifteen days.
DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.H IN THE MATTER OF THE GUARDIANSHIP OF A.J.H., a minor
Date: May 5, 2016
Docket Number: a5476-14 PER CURIAM Defendant appeals from a July 24, 2015 judgment of guardianship terminating her parental rights to her son, A.J.H., and placing him in the custody of the Division of Child Protection and Permanency (the Division). Defendant contends the Division failed to prove each prong of the best interests of the child standard, N.J.S.A. 30:4C-15.1(a), by clear and convincing evidence. After reviewing the arguments raised in light of the evidence presented to the trial court and the prevailing legal standards, we affirm.
Date: May 5, 2016
Docket Number: a5476-14 PER CURIAM Defendant appeals from a July 24, 2015 judgment of guardianship terminating her parental rights to her son, A.J.H., and placing him in the custody of the Division of Child Protection and Permanency (the Division). Defendant contends the Division failed to prove each prong of the best interests of the child standard, N.J.S.A. 30:4C-15.1(a), by clear and convincing evidence. After reviewing the arguments raised in light of the evidence presented to the trial court and the prevailing legal standards, we affirm.
STEVEN T. FLIEGEL v. DEIRDRE FITZGERALD
Date: May 5, 2016
Docket Number: a5484-13 PER CURIAM Plaintiff appeals an order of the Family Part denying his motion to modify prior orders pertaining to transportation and visitation of the minor children of his former marriage to defendant. Plaintiff argues that the Family Part "overlooked the evidence presented by [him]" in support of his motion. We have carefully considered the facts and the law, and we affirm the order under appeal. The order of the Family Part was based, in part, upon an in camera interview with the minor children, then ages thirteen and ten, who expressed discomfort with the changes sought by plaintiff. Plaintiff argues that the children had been "coached" by defendant to give the court false responses to questions presented at the interview.
Date: May 5, 2016
Docket Number: a5484-13 PER CURIAM Plaintiff appeals an order of the Family Part denying his motion to modify prior orders pertaining to transportation and visitation of the minor children of his former marriage to defendant. Plaintiff argues that the Family Part "overlooked the evidence presented by [him]" in support of his motion. We have carefully considered the facts and the law, and we affirm the order under appeal. The order of the Family Part was based, in part, upon an in camera interview with the minor children, then ages thirteen and ten, who expressed discomfort with the changes sought by plaintiff. Plaintiff argues that the children had been "coached" by defendant to give the court false responses to questions presented at the interview.
ALFRED C. RONZONI, JR v. BOARD OF REVIEW, DEPARTMENT OF LABOR and PERSHING ADVISOR SOLUTIONS LLC
Date: May 5, 2016
Docket Number: a5643-11 PER CURIAM In this consolidated appeal, unemployment compensation claimant Albert C. Ronzoni, Jr., appeals from two orders of the Board of Review (Board) entered June 4 and June 8, 2012. The Board rejected Ronzoni's late appeal from a 2009 decision, which temporarily disqualified him for benefits because of misconduct. Ronzoni sought review of the 2009 decision in 2011, after learning that the finding of misconduct had the additional consequence of preventing him from receiving extended benefits. Ronzoni contends that due process principles required the Division of Unemployment Insurance (Division) to inform him that the misconduct finding would affect his eligibility for extended benefits at some point in the future. Rather than reach Ronzoni's constitutional argument, we conclude that Ronzoni presented good cause for filing his appeal late, and the agency should have considered it. We therefore reverse and remand. I.
Date: May 5, 2016
Docket Number: a5643-11 PER CURIAM In this consolidated appeal, unemployment compensation claimant Albert C. Ronzoni, Jr., appeals from two orders of the Board of Review (Board) entered June 4 and June 8, 2012. The Board rejected Ronzoni's late appeal from a 2009 decision, which temporarily disqualified him for benefits because of misconduct. Ronzoni sought review of the 2009 decision in 2011, after learning that the finding of misconduct had the additional consequence of preventing him from receiving extended benefits. Ronzoni contends that due process principles required the Division of Unemployment Insurance (Division) to inform him that the misconduct finding would affect his eligibility for extended benefits at some point in the future. Rather than reach Ronzoni's constitutional argument, we conclude that Ronzoni presented good cause for filing his appeal late, and the agency should have considered it. We therefore reverse and remand. I.
BOROUGH OF HARVEY CEDARS v. NEW IMPER REALTY CORP and ATLANTIC CITY ELECTRIC COMPANY, STATE OF NEW JERSEY BUREAU OF HOUSING INSPECTION Telephonically
Date: May 5, 2016
Docket Number: a5744-13 PER CURIAM In this condemnation case, a panel of commissioners awarded $7,500 to defendant New Imper Realty Corp (New Imper) as just compensation for an easement taken by plaintiff Borough of Harvey Cedars (the Borough) for a beach restoration project. Both sides appealed the award and the matter was scheduled for trial. After the trial court granted the Borough's motion to bar the reports and testimony of New Imper's experts, the parties entered into a stipulated order of final judgment, whereby they agreed to an award of $8,873.29, but preserved New Imper's right to appeal the trial court's order barring its experts. For the reasons that follow, we affirm.
Date: May 5, 2016
Docket Number: a5744-13 PER CURIAM In this condemnation case, a panel of commissioners awarded $7,500 to defendant New Imper Realty Corp (New Imper) as just compensation for an easement taken by plaintiff Borough of Harvey Cedars (the Borough) for a beach restoration project. Both sides appealed the award and the matter was scheduled for trial. After the trial court granted the Borough's motion to bar the reports and testimony of New Imper's experts, the parties entered into a stipulated order of final judgment, whereby they agreed to an award of $8,873.29, but preserved New Imper's right to appeal the trial court's order barring its experts. For the reasons that follow, we affirm.
STATE OF NEW JERSEY v. WAYMON BROWN a/k/a AIJALON ARAD
Date: May 5, 2016
Docket Number: a5785-13 PER CURIAM Defendant Waymon Brown appeals the Law Division's May 13, 2014 order denying his motion to correct an illegal sentence. We affirm.
Date: May 5, 2016
Docket Number: a5785-13 PER CURIAM Defendant Waymon Brown appeals the Law Division's May 13, 2014 order denying his motion to correct an illegal sentence. We affirm.
SUNNIE CORRY and WILLIAM CORRY v. JOHN BARBIERI and JANET BARBIERI
Date: May 5, 2016
Docket Number: a5931-13 PER CURIAM In appealing the dismissal of their complaint, plaintiffs argue "[t]he time has come to abandon the unenlightened standard" that insulates residential landowners from liability for injuries caused by abutting sidewalks.
Date: May 5, 2016
Docket Number: a5931-13 PER CURIAM In appealing the dismissal of their complaint, plaintiffs argue "[t]he time has come to abandon the unenlightened standard" that insulates residential landowners from liability for injuries caused by abutting sidewalks.
OZCAN CEYLAN v. KARACAY TURKS-MOSLEM MOSQUE MOSLEM MOSQUE, THE MOSLEM MOSQUE, INC., and MOSLEM MOSQUE INC., CORP
Date: May 5, 2016
Docket Number: a5973-13 PER CURIAM Defendants Karacay Turks-Moslem Mosque, Moslem Mosque, The Moslem Mosque, Inc., and Moslem Mosque Inc., Corp. (collectively, defendants or the mosque), appeal from an August 11, 2014 order, denying their motion for leave to file an untimely demand for a trial de novo, following a $135,000 arbitration award in favor of plaintiff Ozcan Ceylan. Defendants also appeal from an order of the same date confirming the award. Additionally, they appeal from an August 8, 2014 order denying their summary judgment motion on the issue of charitable immunity. Plaintiff cross-appeals from the order confirming the arbitration award insofar as it denied his application for pre-judgment interest.
Date: May 5, 2016
Docket Number: a5973-13 PER CURIAM Defendants Karacay Turks-Moslem Mosque, Moslem Mosque, The Moslem Mosque, Inc., and Moslem Mosque Inc., Corp. (collectively, defendants or the mosque), appeal from an August 11, 2014 order, denying their motion for leave to file an untimely demand for a trial de novo, following a $135,000 arbitration award in favor of plaintiff Ozcan Ceylan. Defendants also appeal from an order of the same date confirming the award. Additionally, they appeal from an August 8, 2014 order denying their summary judgment motion on the issue of charitable immunity. Plaintiff cross-appeals from the order confirming the arbitration award insofar as it denied his application for pre-judgment interest.
STATE OF NEW JERSEY v. L.K
Date: May 5, 2016
Docket Number: a6001-12 PER CURIAM Following a second jury trial,1 defendant L.K.2 was convicted of threatening his wife and beating her in the following charges: 1) second-degree aggravated assault, attempting to cause serious bodily injury, N.J.S.A. 2C:12-1(b)(1); 2) third-degree aggravated assault, attempting to cause bodily injury with a deadly weapon, N.J.S.A. 2C:12-1(b)(2); 3) second-degree burglary, attempting to inflict bodily injury on another in the course of the burglary, N.J.S.A. 2C:18-2; 4) third-degree possession of a knife with a purpose to use it unlawfully against a person, N.J.S.A. 2C:39-4(d); and 5) fourth-degree unlawful possession of a knife, N.J.S.A. 2C:39-5(d). After the jury verdict, defendant entered a guilty plea to third-degree terroristic threats, N.J.S.A. 2C:12-3(b), and fourth-degree criminal contempt of a restraining order, N.J.S.A. 2C:29-9(b). He was sentenced to an aggregate extended term of sixteen years in prison with an 85% parole disqualifier. We affirm the convictions and sentence.
Date: May 5, 2016
Docket Number: a6001-12 PER CURIAM Following a second jury trial,1 defendant L.K.2 was convicted of threatening his wife and beating her in the following charges: 1) second-degree aggravated assault, attempting to cause serious bodily injury, N.J.S.A. 2C:12-1(b)(1); 2) third-degree aggravated assault, attempting to cause bodily injury with a deadly weapon, N.J.S.A. 2C:12-1(b)(2); 3) second-degree burglary, attempting to inflict bodily injury on another in the course of the burglary, N.J.S.A. 2C:18-2; 4) third-degree possession of a knife with a purpose to use it unlawfully against a person, N.J.S.A. 2C:39-4(d); and 5) fourth-degree unlawful possession of a knife, N.J.S.A. 2C:39-5(d). After the jury verdict, defendant entered a guilty plea to third-degree terroristic threats, N.J.S.A. 2C:12-3(b), and fourth-degree criminal contempt of a restraining order, N.J.S.A. 2C:29-9(b). He was sentenced to an aggregate extended term of sixteen years in prison with an 85% parole disqualifier. We affirm the convictions and sentence.
STATE OF NEW JERSEY v. CRAIG THOMPSON, a/k/a JOE JOHNSON and CRAIG COPELAND
Date: May 4, 2016
Docket Number: a1339-14
Date: May 4, 2016
Docket Number: a1339-14
DESI LEE, a/k/a ALROCMOND GREEN, ROCK LEE ALROCMOND MILLER, HAKEE MILLER ZAKEE MILLER, SHEKIL MINTER ZAKEE S. MINTER, ABDUR R MUHAMMAD ABDUR RAHMAN, SHEKIL WILSON v. NEW JERSEY STATE PAROLE BOARD
Date: May 4, 2016
Docket Number: a1666-14
Date: May 4, 2016
Docket Number: a1666-14
SHAUNA M. MCGOWAN v. BOARD OF REVIEW DEPARTMENT OF LABOR and ANN TAYLOR RETAIL, INC
Date: May 4, 2016
Docket Number: a2405-14
Date: May 4, 2016
Docket Number: a2405-14
STATE OF NEW JERSEY v. ELMO M. RIVADENEIRA
Date: May 4, 2016
Docket Number: a3348-11 PER CURIAM A jury convicted defendant Elmo Rivadeneira of first-degree kidnapping, N.J.S.A. 2C:13-1(b), three counts of first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a), fourth-degree child abuse, N.J.S.A. 9:6-1 and -3, third-degree aggravated criminal sexual contact, N.J.S.A. 2C:14-3(a), first-degree robbery, N.J.S.A. 2C:15-1, third-degree aggravated assault involving significant bodily injury, N.J.S.A. 2C:12-1(b)(1),1 and third-degree terroristic threats, N.J.S.A. 2C:12-3(b). After merger, the trial judge sentenced defendant to an aggregate term of fifty years subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2.
Date: May 4, 2016
Docket Number: a3348-11 PER CURIAM A jury convicted defendant Elmo Rivadeneira of first-degree kidnapping, N.J.S.A. 2C:13-1(b), three counts of first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a), fourth-degree child abuse, N.J.S.A. 9:6-1 and -3, third-degree aggravated criminal sexual contact, N.J.S.A. 2C:14-3(a), first-degree robbery, N.J.S.A. 2C:15-1, third-degree aggravated assault involving significant bodily injury, N.J.S.A. 2C:12-1(b)(1),1 and third-degree terroristic threats, N.J.S.A. 2C:12-3(b). After merger, the trial judge sentenced defendant to an aggregate term of fifty years subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2.
MERCER-BUCKS ORTHOPAEDICS, P.C v. SHANE COLVELL
Date: May 4, 2016
Docket Number: a3448-14 PER CURIAM This is a collection action. Defendant Shane Colvell appeals from a February 6, 2015 order denying his summary judgment motion and granting the cross-motion for summary judgment of plaintiff Mercer-Bucks Orthopaedics, P.C. Defendant also appeals from the March 9, 2015 order denying his motion for reconsideration. Because procedural errors leading to the entry of the two orders raise a question of whether defendant's opposition to plaintiff's motion was fairly considered, we reverse and remand for reconsideration of the summary judgment motions.
Date: May 4, 2016
Docket Number: a3448-14 PER CURIAM This is a collection action. Defendant Shane Colvell appeals from a February 6, 2015 order denying his summary judgment motion and granting the cross-motion for summary judgment of plaintiff Mercer-Bucks Orthopaedics, P.C. Defendant also appeals from the March 9, 2015 order denying his motion for reconsideration. Because procedural errors leading to the entry of the two orders raise a question of whether defendant's opposition to plaintiff's motion was fairly considered, we reverse and remand for reconsideration of the summary judgment motions.
WINBERRY REALTY PARTNERSHIP JOHN WINBERRY, MARY LOURDES WINBERRY CELESTE WINBERRY and GREGORY WINBERRY v. BOROUGH OF RUTHERFORD, CARYN MILLER in her official and individual capacities, and STEVEN KRISCH,1 in his individual capacity -
Date: May 4, 2016
Docket Number: a3846-13 PER CURIAM Plaintiffs appeal from a March 6, 2014 order granting summary judgment in favor of defendants Borough of Rutherford and Caryn Miller. Plaintiffs contend the trial court committed three errors requiring reversal: first, it granted defendants' summary judgment motion prematurely, before plaintiffs deposed Miller, the party at the center of the controversy, who had not appeared for her deposition due to illness; second, it misapplied the summary judgment standard, granting the motion despite disputed issues of material fact; third, it misapplied the law of qualified immunity. Having considered the parties' arguments in light of the record and the legal principles concerning summary judgment motions, we conclude genuinely disputed issues of material fact precluded summary judgment. Accordingly, we reverse and remand for further proceedings.
Date: May 4, 2016
Docket Number: a3846-13 PER CURIAM Plaintiffs appeal from a March 6, 2014 order granting summary judgment in favor of defendants Borough of Rutherford and Caryn Miller. Plaintiffs contend the trial court committed three errors requiring reversal: first, it granted defendants' summary judgment motion prematurely, before plaintiffs deposed Miller, the party at the center of the controversy, who had not appeared for her deposition due to illness; second, it misapplied the summary judgment standard, granting the motion despite disputed issues of material fact; third, it misapplied the law of qualified immunity. Having considered the parties' arguments in light of the record and the legal principles concerning summary judgment motions, we conclude genuinely disputed issues of material fact precluded summary judgment. Accordingly, we reverse and remand for further proceedings.
IFA INSURANCE COMPANY v. GOVERNMENT EMPLOYEES INSURANCE COMPANY and JEFFREY W FALANA - and MARIANA OROPEZA-DEFALANA
Date: May 4, 2016
Docket Number: a5358-13 PER CURIAM This appeal concerns a coverage dispute between two auto insurance carriers. Plaintiff IFA Insurance Company seeks contribution from defendant GEICO toward underinsured motorist (UIM) and personal injury protection (PIP) benefits IFA paid to its insured, defendant Jeffrey Falana. IFA contends that Falana was also insured under a policy that GEICO issued to Mariana Oropeza-DeFalana (Oropeza), Falana's then-estranged wife. IFA appeals from the trial court's orders granting GEICO summary judgment, dismissing IFA's declaratory judgment complaint, and denying IFA's reconsideration motion. We affirm for two reasons. Oropeza removed Falana as a named insured under her policy before Falana's claim arose; and Falana was not entitled to coverage as a spouse who was a resident of Oropeza's household, since he abandoned the marital home before she obtained the GEICO policy.
Date: May 4, 2016
Docket Number: a5358-13 PER CURIAM This appeal concerns a coverage dispute between two auto insurance carriers. Plaintiff IFA Insurance Company seeks contribution from defendant GEICO toward underinsured motorist (UIM) and personal injury protection (PIP) benefits IFA paid to its insured, defendant Jeffrey Falana. IFA contends that Falana was also insured under a policy that GEICO issued to Mariana Oropeza-DeFalana (Oropeza), Falana's then-estranged wife. IFA appeals from the trial court's orders granting GEICO summary judgment, dismissing IFA's declaratory judgment complaint, and denying IFA's reconsideration motion. We affirm for two reasons. Oropeza removed Falana as a named insured under her policy before Falana's claim arose; and Falana was not entitled to coverage as a spouse who was a resident of Oropeza's household, since he abandoned the marital home before she obtained the GEICO policy.
ELVIN E. PETERS v. BOARD OF REVIEW DEPARTMENT OF LABOR and NEW JERSEY TRANSIT BUS OPERATIONS
Date: May 4, 2016
Docket Number: a5616-13 PER CURIAM Appellant Elvin Peters appeals from a final determination of the Board of Review, affirming the Appeal Tribunal's dismissal of his administrative appeal from an initial denial of his unemployment benefits claim as untimely pursuant to N.J.S.A. 43:21-6(b)(1). We affirm. Appellant worked for approximately two years as a bus driver for New Jersey Transit (NJT). Following his involvement in eight accidents during that two-year period, NJT terminated appellant from employment in March 2013. He filed a claim for unemployment compensation benefits on August 4, 2013. In a decision mailed to appellant on September 6, 2013, a Deputy Director of the Division of Unemployment Insurance found appellant disqualified for benefits under N.J.S.A. 43:21-5(b) on the ground that he had been discharged for severe misconduct connected with the work.
Date: May 4, 2016
Docket Number: a5616-13 PER CURIAM Appellant Elvin Peters appeals from a final determination of the Board of Review, affirming the Appeal Tribunal's dismissal of his administrative appeal from an initial denial of his unemployment benefits claim as untimely pursuant to N.J.S.A. 43:21-6(b)(1). We affirm. Appellant worked for approximately two years as a bus driver for New Jersey Transit (NJT). Following his involvement in eight accidents during that two-year period, NJT terminated appellant from employment in March 2013. He filed a claim for unemployment compensation benefits on August 4, 2013. In a decision mailed to appellant on September 6, 2013, a Deputy Director of the Division of Unemployment Insurance found appellant disqualified for benefits under N.J.S.A. 43:21-5(b) on the ground that he had been discharged for severe misconduct connected with the work.
STATE OF NEW JERSEY v. THOMAS STILES
Date: May 4, 2016
Docket Number: a5709-13 PER CURIAM Defendant Thomas Stiles appeals the Law Division's June 10, 2014 denial of his petition for post-conviction relief (PCR) without evidentiary hearing. We affirm. Defendant's claims of error involve two unrelated indictments. In the first indictment, defendant entered a guilty plea to fourth-degree child abuse, N.J.S.A. 9:6-3, and was sentenced on May 18, 2001, to a two-year term of probation in accordance with his plea agreement.
Date: May 4, 2016
Docket Number: a5709-13 PER CURIAM Defendant Thomas Stiles appeals the Law Division's June 10, 2014 denial of his petition for post-conviction relief (PCR) without evidentiary hearing. We affirm. Defendant's claims of error involve two unrelated indictments. In the first indictment, defendant entered a guilty plea to fourth-degree child abuse, N.J.S.A. 9:6-3, and was sentenced on May 18, 2001, to a two-year term of probation in accordance with his plea agreement.
STATE OF NEW JERSEY v. ANDRZEJ KALINSKI
Date: May 3, 2016
Docket Number: a3432-14 PER CURIAM Defendant Andrzej Kalinski appeals from a February 19, 2015 Law Division order entered after a de novo hearing on a municipal appeal denying his motion to correct court records under Rule 1:13-1. The court denied defendant's request to correct the records of his April 9, 1996 conviction for driving while intoxicated (DWI), N.J.S.A. 39:4-50, to reflect a conviction for refusal to submit to chemical tests (Refusal), N.J.S.A. 39:4-50.4a. We affirm.
Date: May 3, 2016
Docket Number: a3432-14 PER CURIAM Defendant Andrzej Kalinski appeals from a February 19, 2015 Law Division order entered after a de novo hearing on a municipal appeal denying his motion to correct court records under Rule 1:13-1. The court denied defendant's request to correct the records of his April 9, 1996 conviction for driving while intoxicated (DWI), N.J.S.A. 39:4-50, to reflect a conviction for refusal to submit to chemical tests (Refusal), N.J.S.A. 39:4-50.4a. We affirm.
DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.E and Q.M.R. and T.C IN THE MATTER OF THE GUARDIANSHIP OF M.S.E. and M.M.-M.R
Date: May 3, 2016
Docket Number: a4045-14 PER CURIAM In this appeal, defendant M.E. (defendant) argues the trial judge erred in terminating his parental rights to his son, M.S.E., who was born on August 27, 2009.1 Defendant was imprisoned on a robbery conviction at the time of M.S.E.'s birth; he, in fact, will remain incarcerated until at least July 2017. In appealing, defendant contends the trial judge placed too much emphasis on his incarceration. We disagree and affirm.
Date: May 3, 2016
Docket Number: a4045-14 PER CURIAM In this appeal, defendant M.E. (defendant) argues the trial judge erred in terminating his parental rights to his son, M.S.E., who was born on August 27, 2009.1 Defendant was imprisoned on a robbery conviction at the time of M.S.E.'s birth; he, in fact, will remain incarcerated until at least July 2017. In appealing, defendant contends the trial judge placed too much emphasis on his incarceration. We disagree and affirm.
PINELAND LEARNING CENTER, INC d/b/a PINELAND LEARNING CENTER HIGH SCHOOL v. NEW JERSEY DEPARTMENT OF EDUCATION
Date: May 3, 2016
Docket Number: a4854-13 PER CURIAM Petitioner, Pineland Learning Center, Inc. (Pineland), appeals from a May 12, 2014 final decision of the Acting Commissioner of Education, denying Pineland's motion for reconsideration of a decision dated March 24, 2014. In the March 24 decision, the Acting Commissioner disallowed an uncertified teacher's salary and fringe benefits Pineland had included in computing its 2006-2007 tuition rate. Pineland sought reconsideration based on the teacher having obtained in 2014 a teaching certificate with an issue date of September 2005. We affirm.
Date: May 3, 2016
Docket Number: a4854-13 PER CURIAM Petitioner, Pineland Learning Center, Inc. (Pineland), appeals from a May 12, 2014 final decision of the Acting Commissioner of Education, denying Pineland's motion for reconsideration of a decision dated March 24, 2014. In the March 24 decision, the Acting Commissioner disallowed an uncertified teacher's salary and fringe benefits Pineland had included in computing its 2006-2007 tuition rate. Pineland sought reconsideration based on the teacher having obtained in 2014 a teaching certificate with an issue date of September 2005. We affirm.
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