New Jersey Superior Court, Appellate Division - Unpublished Opinions Decisions 2016
Opinions 1501 - 1993 of 1993
METROPOLITAN GROUP PROPERTY AND CASUALTY INSURANCE COMPANY v. KERLINE JEAN-FRANCOIS and MARIE JEAN-FRANCOIS
Date: May 3, 2016
Docket Number: a5455-13 PER CURIAM Defendant Kerline Jean-Francois appeals from the Law Division's June 12, 2014 order enforcing a settlement agreement with plaintiff Metropolitan Group Property and Casualty Insurance Company. For the reasons stated below, we affirm.
Date: May 3, 2016
Docket Number: a5455-13 PER CURIAM Defendant Kerline Jean-Francois appeals from the Law Division's June 12, 2014 order enforcing a settlement agreement with plaintiff Metropolitan Group Property and Casualty Insurance Company. For the reasons stated below, we affirm.
SHERRIE PEARL v. VOORHEES TOWNSHIP BOARD OF EDUCATION and VOORHEES TOWNSHIP PUBLIC SCHOOLS - and CAMDEN COUNTY and CAMDEN COUNTY BOARD OF ELECTIONS
Date: May 2, 2016
Docket Number: a1262-14
Date: May 2, 2016
Docket Number: a1262-14
DAVID ATKINSON, LYNDA ELEAZER and BROWN NOVICK & COLARULO ATTORNEYS AT LAW f/k/a Law Office of Milton Brown on behalf of themselves and all others similarly situated v. MRO CORPORATION
Date: May 2, 2016
Docket Number: a2139-15
Date: May 2, 2016
Docket Number: a2139-15
BACHARACH INSTITUTE FOR REHABILITATION, INC v. GALLOWAY TOWNSHIP ZONING BOARD OF ADJUSTMENT AND HEALTH RESOURCES OF NEW JERSEY, L.L.C -
Date: May 2, 2016
Docket Number: a2364-14
Date: May 2, 2016
Docket Number: a2364-14
JEFF KANE v. MAJODA STABLES and VERA HALLOWELL,1 -
Date: May 2, 2016
Docket Number: a3568-14 PER CURIAM Plaintiff Jeff Kane appeals from a March 4, 2015 order dismissing his personal injury action against defendants Majoda Stables and Vera Hallowell for failure to state a claim upon which relief can be granted. The trial court dismissed the action on defendants' motion after determining plaintiff's claim was barred by the Equine Activities Liability Act (the Act), N.J.S.A. 5:15-1 to -12. Having considered the pleadings under the liberal standard of review applicable to Rule 4:6-2(e), motions to dismiss for failure to state a cause of action, we conclude the complaint stated a cause of action falling within an exception to the Act. Accordingly, we reverse and remand for further proceedings.
Date: May 2, 2016
Docket Number: a3568-14 PER CURIAM Plaintiff Jeff Kane appeals from a March 4, 2015 order dismissing his personal injury action against defendants Majoda Stables and Vera Hallowell for failure to state a claim upon which relief can be granted. The trial court dismissed the action on defendants' motion after determining plaintiff's claim was barred by the Equine Activities Liability Act (the Act), N.J.S.A. 5:15-1 to -12. Having considered the pleadings under the liberal standard of review applicable to Rule 4:6-2(e), motions to dismiss for failure to state a cause of action, we conclude the complaint stated a cause of action falling within an exception to the Act. Accordingly, we reverse and remand for further proceedings.
0STATE OF NEW JERSEY v. EMANUEL L. GRAHAM
Date: May 2, 2016
Docket Number: a3610-13 PER CURIAM Defendant Emanuel L. Graham appeals from the Law Division's judgment of conviction entered following a bench trial in which defendant was found guilty of charges relating to his assault on police officers and resisting arrest. After finding defendant guilty of all charges, the court sentenced defendant to an aggregate term of five years imprisonment with a two-and-one-half-year period of parole ineligibility pursuant to N.J.S.A. 2C:43-6(b). On appeal, he challenges his conviction, arguing that the evidence was insufficient to sustain the court's finding, and that the parole ineligibility period was "unwarranted." We disagree and affirm. A grand jury indicted defendant, charging him with three counts of third-degree aggravated assault on a law enforcement officer, N.J.S.A. 2C:12-1(b)(5)(a), and one count of third-degree resisting arrest, N.J.S.A. 2C:29-2(a). The indictment arose from his arrest after police officers responded to a domestic violence incident at the home of defendant's former girlfriend, A.W., whom officers found with her niece and defendant. The first officer to arrive, Sergeant Kenneth Ridinger, who was in his uniform, heard the occupants of the home arguing as he made his way to the front door. Once inside, the women attempted to talk to him, but defendant interrupted. As a result, the officer asked defendant to step outside, but defendant refused and stated that he was not going anywhere. At that point, the confrontation between the officers and defendant began.
Date: May 2, 2016
Docket Number: a3610-13 PER CURIAM Defendant Emanuel L. Graham appeals from the Law Division's judgment of conviction entered following a bench trial in which defendant was found guilty of charges relating to his assault on police officers and resisting arrest. After finding defendant guilty of all charges, the court sentenced defendant to an aggregate term of five years imprisonment with a two-and-one-half-year period of parole ineligibility pursuant to N.J.S.A. 2C:43-6(b). On appeal, he challenges his conviction, arguing that the evidence was insufficient to sustain the court's finding, and that the parole ineligibility period was "unwarranted." We disagree and affirm. A grand jury indicted defendant, charging him with three counts of third-degree aggravated assault on a law enforcement officer, N.J.S.A. 2C:12-1(b)(5)(a), and one count of third-degree resisting arrest, N.J.S.A. 2C:29-2(a). The indictment arose from his arrest after police officers responded to a domestic violence incident at the home of defendant's former girlfriend, A.W., whom officers found with her niece and defendant. The first officer to arrive, Sergeant Kenneth Ridinger, who was in his uniform, heard the occupants of the home arguing as he made his way to the front door. Once inside, the women attempted to talk to him, but defendant interrupted. As a result, the officer asked defendant to step outside, but defendant refused and stated that he was not going anywhere. At that point, the confrontation between the officers and defendant began.
JOSEPH M. PALLADINO III v. TOWNSHIP OF WATERFORD
Date: May 2, 2016
Docket Number: a3652-13 PER CURIAM Joseph M. Palladino, III, a former member of the Waterford Police Department, appeals the Law Division's de novo decision sustaining a hearing officer's findings of disciplinary violations and Waterford's decision to terminate his employment. We affirm. I.
Date: May 2, 2016
Docket Number: a3652-13 PER CURIAM Joseph M. Palladino, III, a former member of the Waterford Police Department, appeals the Law Division's de novo decision sustaining a hearing officer's findings of disciplinary violations and Waterford's decision to terminate his employment. We affirm. I.
STATE OF NEW JERSEY NATHANIEL JAMISON
Date: May 2, 2016
Docket Number: a3813-13 PER CURIAM Defendant appeals from his convictions for third-degree possession of a controlled dangerous substance (CDS), N.J.S.A. 2C:35-10(a)(1); second-degree possession of a CDS with intent to distribute, N.J.S.A. 2C:35-5(a)(1); and fourth-degree maintaining a narcotics nuisance, N.J.S.A. 24:21-21(a)(6). We reverse and remand for a new trial. The State produced testimony from four witnesses at trial: Officer Matthew Bledsoe; Officer Michael Schiaretti; co-defendant, who previously pled guilty to drug and weapons offenses1; and Detective Brian Kiely, who the court qualified as an expert in drug trafficking, including identification, use, methods of distribution, packaging, and street value of cocaine. Defendant did not testify.
Date: May 2, 2016
Docket Number: a3813-13 PER CURIAM Defendant appeals from his convictions for third-degree possession of a controlled dangerous substance (CDS), N.J.S.A. 2C:35-10(a)(1); second-degree possession of a CDS with intent to distribute, N.J.S.A. 2C:35-5(a)(1); and fourth-degree maintaining a narcotics nuisance, N.J.S.A. 24:21-21(a)(6). We reverse and remand for a new trial. The State produced testimony from four witnesses at trial: Officer Matthew Bledsoe; Officer Michael Schiaretti; co-defendant, who previously pled guilty to drug and weapons offenses1; and Detective Brian Kiely, who the court qualified as an expert in drug trafficking, including identification, use, methods of distribution, packaging, and street value of cocaine. Defendant did not testify.
DEPARTMENT OF CHILDREN AND FAMILIES, DIVISION OF CHILD PROTECTION AND PERMANENCY - v. B.F -
Date: May 2, 2016
Docket Number: a4700-13 PER CURIAM B.F. (Bob)1 appeals from a final decision of the Division of Child Protection and Permanency (Division)2 finding he sexually abused his former girlfriend, C.D.'s (Charlene), then-three-year-old son, A.M. (Alan), by digital penetration, resulting in the addition of Bob's name to the child abuse registry.3 After the Division substantiated the abuse by Bob, he appealed. An administrative law judge (ALJ) conducted a hearing and recommended the Division's substantiation of abuse be changed to "unfounded," finding the Division failed to prove that "[Alan] is a neglected child," and "that the credible, competent evidence [fell] significantly short of demonstrating [Bob] committed or allowed to be committed an act of sexual abuse against [Alan]." The Division filed exceptions to the ALJ's decision and Bob responded.4 The Director issued a written decision rejecting the ALJ's findings and recommendation. On appeal, Bob argues the Division's final determination should be reversed because it was filed after the statutory deadline for acceptance or rejection of the ALJ's recommendation. He also contends that the Director "disregarded" the ALJ's credibility determinations, and that the decision to reject the judge's recommendation was not supported by "sufficient, competent, credible evidence and conclusions of law," but rather by "evidentiary and factual issues not contained in the record." The Division disagrees and urges us to affirm, arguing its decision was adequately supported and filed in a timely manner.
Date: May 2, 2016
Docket Number: a4700-13 PER CURIAM B.F. (Bob)1 appeals from a final decision of the Division of Child Protection and Permanency (Division)2 finding he sexually abused his former girlfriend, C.D.'s (Charlene), then-three-year-old son, A.M. (Alan), by digital penetration, resulting in the addition of Bob's name to the child abuse registry.3 After the Division substantiated the abuse by Bob, he appealed. An administrative law judge (ALJ) conducted a hearing and recommended the Division's substantiation of abuse be changed to "unfounded," finding the Division failed to prove that "[Alan] is a neglected child," and "that the credible, competent evidence [fell] significantly short of demonstrating [Bob] committed or allowed to be committed an act of sexual abuse against [Alan]." The Division filed exceptions to the ALJ's decision and Bob responded.4 The Director issued a written decision rejecting the ALJ's findings and recommendation. On appeal, Bob argues the Division's final determination should be reversed because it was filed after the statutory deadline for acceptance or rejection of the ALJ's recommendation. He also contends that the Director "disregarded" the ALJ's credibility determinations, and that the decision to reject the judge's recommendation was not supported by "sufficient, competent, credible evidence and conclusions of law," but rather by "evidentiary and factual issues not contained in the record." The Division disagrees and urges us to affirm, arguing its decision was adequately supported and filed in a timely manner.
MARIE RICHARDSON v. HELEN M. MILLING
Date: May 2, 2016
Docket Number: a5869-13 PER CURIAM Plaintiff Marie Richardson appeals from a July 11, 2014 order dismissing her complaint with prejudice and granting summary judgment to defendant. Following our review, we conclude genuine issues of material fact exist. We therefore reverse.
Date: May 2, 2016
Docket Number: a5869-13 PER CURIAM Plaintiff Marie Richardson appeals from a July 11, 2014 order dismissing her complaint with prejudice and granting summary judgment to defendant. Following our review, we conclude genuine issues of material fact exist. We therefore reverse.
JACQUELINE PALLADINO v. MICHAEL HEGARTY FUNERAL HOME INC.
Date: April 29, 2016
Docket Number: a0946-15
Date: April 29, 2016
Docket Number: a0946-15
STATE OF NEW JERSEY v. KELLY FOWLER
Date: April 27, 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: April 27, 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.
MARY JOYCE KATONA v. Gyorgy
Date: April 26, 2016
Docket Number: a3414-14 PER CURIAM Defendant Gyorgy Katona appeals from a February 6, 2015 final default judgment of divorce, rendered after a plenary hearing at which both parties testified. Defendant and plaintiff Mary Joyce Katona were married in 1981 and had three children, all of whom are emancipated. Defendant, who represents himself, argues in his brief that "the court erred in its finding of facts and ignored critical evidence presented at [the] hearing." He objects, in particular, to the alimony and life insurance ordered by the court. As an appellate court, we do not look at evidence anew; rather we review the record of the trial court proceedings. Allstate Ins. Co. v. Fisher, 408 N.J. Super. 289, 302 (App. Div. 2009). Without the transcript of the hearing, we cannot perform that appellate function and therefore dismiss the appeal. See R. 2:5-3(a) (requiring the appellant obtain a transcript of the court proceedings "from which the appeal is taken"); R. 2:9-9 (stating that failure to properly prosecute an appeal shall be grounds for dismissal). Dismissed.
Date: April 26, 2016
Docket Number: a3414-14 PER CURIAM Defendant Gyorgy Katona appeals from a February 6, 2015 final default judgment of divorce, rendered after a plenary hearing at which both parties testified. Defendant and plaintiff Mary Joyce Katona were married in 1981 and had three children, all of whom are emancipated. Defendant, who represents himself, argues in his brief that "the court erred in its finding of facts and ignored critical evidence presented at [the] hearing." He objects, in particular, to the alimony and life insurance ordered by the court. As an appellate court, we do not look at evidence anew; rather we review the record of the trial court proceedings. Allstate Ins. Co. v. Fisher, 408 N.J. Super. 289, 302 (App. Div. 2009). Without the transcript of the hearing, we cannot perform that appellate function and therefore dismiss the appeal. See R. 2:5-3(a) (requiring the appellant obtain a transcript of the court proceedings "from which the appeal is taken"); R. 2:9-9 (stating that failure to properly prosecute an appeal shall be grounds for dismissal). Dismissed.
DIVISION OF CHILD PROTECTION AND PERMANENCY v. G.B IN THE MATTER OF THE GUARDIANSHIP OF E.C.-F. and D.C.-F Minors Telephonically
Date: April 22, 2016
Docket Number: a5604-14 PER CURIAM
Date: April 22, 2016
Docket Number: a5604-14 PER CURIAM
BARRY LENNON v. BOARD OF TRUSTEES POLICE AND FIREMEN'S RETIREMENT SYSTEM
Date: April 21, 2016
Docket Number: a2165-14
Date: April 21, 2016
Docket Number: a2165-14
1008 ASTORIA BOULEVARD ASSOCIATES, LLC v. HEINE ASSOCIATES, P.A.
Date: April 19, 2016
Docket Number: a0100-14
Date: April 19, 2016
Docket Number: a0100-14
ADOLPH DI DARIO v. NEW JERSEY DEPARTMENT OF CORRECTIONS
Date: April 19, 2016
Docket Number: a0567-14
Date: April 19, 2016
Docket Number: a0567-14
DIVISION OF CHILD PROTECTION AND PERMANENCY v. V.R IN THE MATTER OF E.R., Z.B., and Z.R Minors
Date: April 19, 2016
Docket Number: a1850-14
Date: April 19, 2016
Docket Number: a1850-14
IN THE MATTER OF THE CIVIL COMMITMENT OF J.H.T SVP-55-00
Date: April 19, 2016
Docket Number: a3424-11
Date: April 19, 2016
Docket Number: a3424-11
J.R. v. DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES
Date: April 18, 2016
Docket Number: a0648-14
Date: April 18, 2016
Docket Number: a0648-14
HELEN M. AIOSA, DIANE BEARD MICHAEL BEARD, JOAN M BOLAND WILLIAM E. BOLAND, G KEVIN CALLAHAN, ELIZABETH CAPRA RALPH CAPRA, RICHARD G CIOLLI ELAINE M. CIOLLI KATHLEEN H COLLIS, KENNETH M COLLIS ROBERT CONNOLLY BARBARA A. COX, DONALD D DAVIS, JOSEPH A. D'AL
Date: April 18, 2016
Docket Number: a2166-14
Date: April 18, 2016
Docket Number: a2166-14
DAVID VARGA - v. BOARD OF TRUSTEES POLICE AND FIREMEN'S RETIREMENT SYSTEM
Date: April 18, 2016
Docket Number: a2605-14
Date: April 18, 2016
Docket Number: a2605-14
ABBE FLEMING v. JOSEPH FLEMING
Date: April 18, 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: April 18, 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.
THE HAMPTON CLUB CONDOMINIUM ASSOCIATION, INC v. FIRST BAPTIST DEVELOPMENT
Date: April 16, 2016
Docket Number: a2019-14
Date: April 16, 2016
Docket Number: a2019-14
JOE GUTIERREZ-MORILLO v. NEW JERSEY DEPARTMENT OF CORRECTIONS
Date: April 15, 2016
Docket Number: a2158-14
Date: April 15, 2016
Docket Number: a2158-14
GANNETT SATELLITE INFORMATION NETWORK INC. v. BOROUGH OF RARITAN
Date: April 15, 2016
Docket Number: a3999-13
Date: April 15, 2016
Docket Number: a3999-13
IN THE MATTER OF DANA REGISTER MOUNTAINVIEW YOUTH CORRECTIONAL FACILITY
Date: April 15, 2016
Docket Number: a4323-13
Date: April 15, 2016
Docket Number: a4323-13
THOMAS LOGUE v. BOARD OF TRUSTEES OF THE STATE POLICE RETIREMENT SYSTEM
Date: April 15, 2016
Docket Number: a5122-13
Date: April 15, 2016
Docket Number: a5122-13
JEFF KANE v. MAJODA STABLES and VERA HALLOWELL,1 -
Date: April 13, 2016
Docket Number: a3568-14 PER CURIAM Plaintiff Jeff Kane appeals from a March 4, 2015 order dismissing his personal injury action against defendants Majoda Stables and Vera Hallowell for failure to state a claim upon which relief can be granted. The trial court dismissed the action on defendants' motion after determining plaintiff's claim was barred by the Equine Activities Liability Act (the Act), N.J.S.A. 5:15-1 to -12. Having considered the pleadings under the liberal standard of review applicable to Rule 4:6-2(e), motions to dismiss for failure to state a cause of action, we conclude the complaint stated a cause of action falling within an exception to the Act. Accordingly, we reverse and remand for further proceedings.
Date: April 13, 2016
Docket Number: a3568-14 PER CURIAM Plaintiff Jeff Kane appeals from a March 4, 2015 order dismissing his personal injury action against defendants Majoda Stables and Vera Hallowell for failure to state a claim upon which relief can be granted. The trial court dismissed the action on defendants' motion after determining plaintiff's claim was barred by the Equine Activities Liability Act (the Act), N.J.S.A. 5:15-1 to -12. Having considered the pleadings under the liberal standard of review applicable to Rule 4:6-2(e), motions to dismiss for failure to state a cause of action, we conclude the complaint stated a cause of action falling within an exception to the Act. Accordingly, we reverse and remand for further proceedings.
CRUM & FORSTER INSURANCE COMPANY v. THE BREESE CORPORATION
Date: April 13, 2016
Docket Number: a3880-13
Date: April 13, 2016
Docket Number: a3880-13
INSURANCE RESTORATION SPECIALISTS, INC v. 26 KENNEDY BOULEVARD ASSOCIATES, LTD.
Date: April 12, 2016
Docket Number: a4039-13
Date: April 12, 2016
Docket Number: a4039-13
LAKELAND WEST CAPITAL VIII LLC v. REITNOUR INVESTMENT PROPERTIES L.P.
Date: April 11, 2016
Docket Number: a0679-15
Date: April 11, 2016
Docket Number: a0679-15
EDWIN WILLIAMS v. THE CITY OF NEWARK NEWARK POLICE DEPARTMENT
Date: April 11, 2016
Docket Number: a1589-14
Date: April 11, 2016
Docket Number: a1589-14
MATTHEW WISSEMANN Administrator ad prosequendum for the ESTATE OF VERONICA WISSEMANN v. JULIAN A. RENGIFO GLADYS R. KEIZER TOWNSHIP OF WOODBRIDGE COUNTY OF MIDDLESEX and MIDDLESEX COUNTY TRANSPORTATION MANAGEMENT ASSOCIATION - and STATE OF NEW JERSEY
Date: April 11, 2016
Docket Number: a4180-14 PER CURIAM Defendant State of New Jersey Department of Transportation appeals from an April 24, 2015 order granting the motion of plaintiff Matthew Wissemann, Administrator ad prosequendum for the Estate of Veronica Wissemann, for leave to file a late notice of tort claim. Because plaintiff's proofs failed to meet the statutory standard requiring that there be extraordinary circumstances to excuse the late filing, we reverse.
Date: April 11, 2016
Docket Number: a4180-14 PER CURIAM Defendant State of New Jersey Department of Transportation appeals from an April 24, 2015 order granting the motion of plaintiff Matthew Wissemann, Administrator ad prosequendum for the Estate of Veronica Wissemann, for leave to file a late notice of tort claim. Because plaintiff's proofs failed to meet the statutory standard requiring that there be extraordinary circumstances to excuse the late filing, we reverse.
THE BORDEN-PERLMAN INSURANCE AGENCY, INC v. UTICA MUTUAL INSURANCE COMPANY
Date: April 7, 2016
Docket Number: a1313-14
Date: April 7, 2016
Docket Number: a1313-14
FIRST GENERAL CONSTRUCTION CORPORATION v. WESTAMPTON COURTS CONDOMINIUM ASSOCIATION, WESTAMPTON COURTS CONDOMINIUM ONE ASSOCIATION and WESTAMPTON COURTS CONDOMINIUM TWO ASSOCIATION
Date: April 7, 2016
Docket Number: a5932-13 PER CURIAM Third-party plaintiff First General Construction Corporation (FGCC) appeals from a July 11, 2014 order denying its motion to enforce a settlement agreement (the agreement) with third-party defendants Westampton Courts Condominium Association, Westampton Courts Condominium One Association, and Westampton Courts Condominium Two Association (collectively WCCA). The parties entered into the agreement settling litigation pertaining to a construction project (the project). The judge denied the motion concluding FGCC breached the agreement and was equitably barred from seeking enforcement. Following our review of the record and applicable law, we conclude the judge failed to consider whether any determined breach was material, which would relieve WCCA of its obligations. As a result, we reverse, remand, and direct the judge to review the motion anew and determine whether there was a material prior breach of the agreement by FGCC or whether other relief to reimburse WCCA was satisfactory. We leave to the judge's discretion whether to conduct an evidentiary hearing to accomplish this task on remand.
Date: April 7, 2016
Docket Number: a5932-13 PER CURIAM Third-party plaintiff First General Construction Corporation (FGCC) appeals from a July 11, 2014 order denying its motion to enforce a settlement agreement (the agreement) with third-party defendants Westampton Courts Condominium Association, Westampton Courts Condominium One Association, and Westampton Courts Condominium Two Association (collectively WCCA). The parties entered into the agreement settling litigation pertaining to a construction project (the project). The judge denied the motion concluding FGCC breached the agreement and was equitably barred from seeking enforcement. Following our review of the record and applicable law, we conclude the judge failed to consider whether any determined breach was material, which would relieve WCCA of its obligations. As a result, we reverse, remand, and direct the judge to review the motion anew and determine whether there was a material prior breach of the agreement by FGCC or whether other relief to reimburse WCCA was satisfactory. We leave to the judge's discretion whether to conduct an evidentiary hearing to accomplish this task on remand.
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: April 6, 2016
Docket Number: a1297-15
Date: April 6, 2016
Docket Number: a1297-15
IN THE MATTER OF THE PETITION OF THE PINE HILL SCHOOL DISTRICT FROM THE NOVEMBER 1 2013 DENIAL OF INCENTIVES IN CONNECTION WITH ITS ENERGY SAVINGS PLAN
Date: April 6, 2016
Docket Number: a2192-14
Date: April 6, 2016
Docket Number: a2192-14
MICHAEL MRAZ v. LOCAL 254 OF THE UNITED BROTHERHOOD OF CARPENTERS
Date: April 6, 2016
Docket Number: a2424-13
Date: April 6, 2016
Docket Number: a2424-13
MICHAEL BARR v. BOARD OF TRUSTEES, POLICE AND FIREMEN'S RETIREMENT SYSTEM
Date: April 5, 2016
Docket Number: a0377-14
Date: April 5, 2016
Docket Number: a0377-14
74 PASSAIC AVENUE L.L.C v. BRINKERHOFF ENVIRONMENTAL SERVICES, INC
Date: April 4, 2016
Docket Number: a0153-14
Date: April 4, 2016
Docket Number: a0153-14
JOSEPH TODARO - v. GLOUCESTER COUNTY DEPARTMENT OF CORRECTIONS -
Date: April 4, 2016
Docket Number: a0204-14
Date: April 4, 2016
Docket Number: a0204-14
DIVISION OF CHILD PROTECTION AND PERMANENCY v. E.R IN THE MATTER OF A.C a minor
Date: April 4, 2016
Docket Number: a0557-14
Date: April 4, 2016
Docket Number: a0557-14
STATE OF NEW JERSEY v. CRAIG THOMPSON, a/k/a JOE JOHNSON and CRAIG COPELAND
Date: April 4, 2016
Docket Number: a1339-14
Date: April 4, 2016
Docket Number: a1339-14
HADDON TOWNSHIP SCHOOL DISTRICT v. NEW JERSEY DEPARTMENT OF EDUCATION
Date: April 4, 2016
Docket Number: a1626-14
Date: April 4, 2016
Docket Number: a1626-14
DRIVE NEW JERSEY INSURANCE COMPANY AND DRIVE NEW JERSEY INSURANCE COMPANY, as Subrogee of MARK SPRINGER v. WILLIAM J. SOFIELD, KB SUMMERS INC., and PROTECTIVE INSURANCE COMPANY -
Date: April 4, 2016
Docket Number: a1989-14
Date: April 4, 2016
Docket Number: a1989-14
JOHN S. PATTERSON and STELLA PATTERSON, Individually and as Joint Tenants v. LADENBURG THALMANN & CO. INC
Date: April 4, 2016
Docket Number: a2448-14
Date: April 4, 2016
Docket Number: a2448-14
WILLIAM S. CAPPUCCIO v. JUSTIN M. BAUMAN and PROGRESSIVE GARDEN STATE INSURANCE COMPANY
Date: April 4, 2016
Docket Number: a2665-14
Date: April 4, 2016
Docket Number: a2665-14
.A-0 OF CHILD PROTECTION AND PERMANENCY v. M.L. and R.C IN THE MATTER OF I.C and N.L Minors
Date: April 4, 2016
Docket Number: a2870-13
Date: April 4, 2016
Docket Number: a2870-13
STATE OF NEW JERSEY v. KENNETH M. WATFORD a/k/a KENNETH WATFORD, DAKEE B MUKHWANNA and EUGENE WATFORD
Date: April 4, 2016
Docket Number: a2990-11
Date: April 4, 2016
Docket Number: a2990-11
SIMONETTE TUCKER v. BOARD OF REVIEW DEPARTMENT OF LABOR and NURSE STAFFERS, INC
Date: April 4, 2016
Docket Number: a3237-13
Date: April 4, 2016
Docket Number: a3237-13
STATE OF NEW JERSEY v. ELMO M. RIVADENEIRA
Date: April 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: April 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: April 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: April 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.
STATE OF NEW JERSEY v. J.R
Date: April 4, 2016
Docket Number: a3933-13 PER CURIAM Defendant J.R.1 filed a petition for post-conviction relief (PCR), claiming ineffective assistance of counsel. The PCR court denied his petition without an evidentiary hearing and without entertaining oral argument. We affirm.
Date: April 4, 2016
Docket Number: a3933-13 PER CURIAM Defendant J.R.1 filed a petition for post-conviction relief (PCR), claiming ineffective assistance of counsel. The PCR court denied his petition without an evidentiary hearing and without entertaining oral argument. We affirm.
IN THE MATTER OF THE CIVIL COMMITMENT OF B.V
Date: April 4, 2016
Docket Number: a4248-13 PER CURIAM Appellant B.V. appeals from an April 10, 2014 final order of involuntary commitment. A court is authorized by statute to continue a person's involuntary commitment if it determines by clear and convincing evidence the person suffers from a mental illness that causes the person to be dangerous to himself or herself, others, or property. Following our review of the record, we conclude there is sufficient evidence to support the trial judge's finding B.V. was a danger to himself. Accordingly, we affirm.
Date: April 4, 2016
Docket Number: a4248-13 PER CURIAM Appellant B.V. appeals from an April 10, 2014 final order of involuntary commitment. A court is authorized by statute to continue a person's involuntary commitment if it determines by clear and convincing evidence the person suffers from a mental illness that causes the person to be dangerous to himself or herself, others, or property. Following our review of the record, we conclude there is sufficient evidence to support the trial judge's finding B.V. was a danger to himself. Accordingly, we affirm.
STATE OF NEW JERSEY v. KEITH W. WATKINS
Date: April 4, 2016
Docket Number: a4314-12 SUMNERS, JR., J.A.D. Following a jury trial, defendant Keith W. Watkins was convicted of the sole charge of second-degree aggravated assault, causing or attempting to cause serious bodily injury (SBI), N.J.S.A. 2C:12-1b(1). The trial judge sentenced defendant to nine years of imprisonment with an eighty-five percent period of parole ineligibility under the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, and a five-year period of parole supervision.
Date: April 4, 2016
Docket Number: a4314-12 SUMNERS, JR., J.A.D. Following a jury trial, defendant Keith W. Watkins was convicted of the sole charge of second-degree aggravated assault, causing or attempting to cause serious bodily injury (SBI), N.J.S.A. 2C:12-1b(1). The trial judge sentenced defendant to nine years of imprisonment with an eighty-five percent period of parole ineligibility under the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, and a five-year period of parole supervision.
ELI NEIMAN v. USAA CASUALTY INSURANCE COMPANY and LEVINSON, AXELROD P.A MATTHEW P. PIETROWSKI ESQ AND KENNETH M. HARRELL ESQ -
Date: April 4, 2016
Docket Number: a4413-13 PER CURIAM In this legal malpractice matter, appellant Eli Neiman appeals from the April 16, 2014 Law Division order, which granted summary judgment to defendants Levinson, Axelrod, P.A., Matthew P. Pietrowski, Esq. and Kenneth M. Harrell, Esq. and dismissed the complaint with prejudice. We affirm. We derive the following facts from evidence submitted by the parties in support of, and in opposition to, the summary judgment motion, and view them in the light most favorable to plaintiff. Angland v. Mountain Creek Resort, Inc., 213 N.J. 573, 577 (2013) (citing Brill v. Guardian Life Ins. Co., 142 N.J. 520, 523 (1995)).
Date: April 4, 2016
Docket Number: a4413-13 PER CURIAM In this legal malpractice matter, appellant Eli Neiman appeals from the April 16, 2014 Law Division order, which granted summary judgment to defendants Levinson, Axelrod, P.A., Matthew P. Pietrowski, Esq. and Kenneth M. Harrell, Esq. and dismissed the complaint with prejudice. We affirm. We derive the following facts from evidence submitted by the parties in support of, and in opposition to, the summary judgment motion, and view them in the light most favorable to plaintiff. Angland v. Mountain Creek Resort, Inc., 213 N.J. 573, 577 (2013) (citing Brill v. Guardian Life Ins. Co., 142 N.J. 520, 523 (1995)).
STATE OF NEW JERSEY v. LESLIE NELSON
Date: April 4, 2016
Docket Number: a4503-13 PER CURIAM Defendant appeals from the denial of her petition for post-conviction relief (PCR) without an evidentiary hearing. She argues that she is entitled to an evidentiary hearing on her claim that her attorneys rendered ineffective assistance of counsel at sentencing. We affirm substantially for the reasons set forth in the written opinion of Judge Terrence R. Cook. Defendant was indicted on multiple counts arising from the shooting deaths of Officer John Norcross and Investigator John McLaughlin and the wounding of another officer. Defendant entered guilty pleas to two counts of first-degree murder (counts one and two) and to one count of second-degree aggravated assault that had been amended from first-degree attempted murder (count three) pursuant to a plea agreement in 1997. The plea form stated,
Date: April 4, 2016
Docket Number: a4503-13 PER CURIAM Defendant appeals from the denial of her petition for post-conviction relief (PCR) without an evidentiary hearing. She argues that she is entitled to an evidentiary hearing on her claim that her attorneys rendered ineffective assistance of counsel at sentencing. We affirm substantially for the reasons set forth in the written opinion of Judge Terrence R. Cook. Defendant was indicted on multiple counts arising from the shooting deaths of Officer John Norcross and Investigator John McLaughlin and the wounding of another officer. Defendant entered guilty pleas to two counts of first-degree murder (counts one and two) and to one count of second-degree aggravated assault that had been amended from first-degree attempted murder (count three) pursuant to a plea agreement in 1997. The plea form stated,
STATE OF NEW JERSEY v. ERIC DANIELS
Date: April 4, 2016
Docket Number: a4594-13 PER CURIAM Defendant appeals from the denial of his petition for post-conviction relief (PCR), which was denied without an evidentiary hearing or oral argument, presenting the following arguments for our consideration: POINT I
Date: April 4, 2016
Docket Number: a4594-13 PER CURIAM Defendant appeals from the denial of his petition for post-conviction relief (PCR), which was denied without an evidentiary hearing or oral argument, presenting the following arguments for our consideration: POINT I
NEWJERSEY A-4693-13T3 BEST BERGEN HOMES, INC A NEW JERSEY CORPORATION T/A CONCORD REALTY GROUP v. FRANKLIN NUNEZ and AMELIA NUNEZ and JASON CYRULNIK, RACHEL CYRULNIK and J.P. MORGAN MORTGAGE ACQUISITION CORP
Date: April 4, 2016
Docket Number: a4693-13 PER CURIAM This dispute arises from the sale of a home located in Teaneck. The seller, Franklin Nunez, sold the property to defendants Jason and Rachel Cyrulnik.1 The property was sold by means of a short-sale, and defendant J.P. Morgan Mortgage Acquisition Corp. (J.P. Morgan) held the original note and mortgage while Nunez owned the property. Diane Thurber-Wamsley, the owner of plaintiff Best Bergen Homes, Inc. (Best Bergen), is a real estate broker. Best Bergen appeals from the January 10, 2014 order denying its motion to amend the complaint to substitute the unjust enrichment claim against J.P. Morgan with a claim for tortious interference, as well as the April 4, 2014 order granting summary judgment to the Cyrulniks. We affirm the dismissal of all claims as to all defendants because plaintiff had no right to a commission under the terms of the listing agreements she had prepared. In February 2008, Thurber-Wamsley executed a listing agreement with Nunez to sell his Teaneck property. The listing agreement had a duration of six months, expiring in August 2008. It contained a clause allowing Best Bergen to obtain a commission for a sale that was consummated with any person to whom Thurber-Wamsley showed the property during the duration of the listing agreement or for a set period of time, a "protection period," following the expiration of the agreement. That clause in the listing agreement had a blank line where a length of time should be filled in, but Thurber-Wamsley purposely left the line blank, believing this afforded her more rights under the agreement. The clause reads:
Date: April 4, 2016
Docket Number: a4693-13 PER CURIAM This dispute arises from the sale of a home located in Teaneck. The seller, Franklin Nunez, sold the property to defendants Jason and Rachel Cyrulnik.1 The property was sold by means of a short-sale, and defendant J.P. Morgan Mortgage Acquisition Corp. (J.P. Morgan) held the original note and mortgage while Nunez owned the property. Diane Thurber-Wamsley, the owner of plaintiff Best Bergen Homes, Inc. (Best Bergen), is a real estate broker. Best Bergen appeals from the January 10, 2014 order denying its motion to amend the complaint to substitute the unjust enrichment claim against J.P. Morgan with a claim for tortious interference, as well as the April 4, 2014 order granting summary judgment to the Cyrulniks. We affirm the dismissal of all claims as to all defendants because plaintiff had no right to a commission under the terms of the listing agreements she had prepared. In February 2008, Thurber-Wamsley executed a listing agreement with Nunez to sell his Teaneck property. The listing agreement had a duration of six months, expiring in August 2008. It contained a clause allowing Best Bergen to obtain a commission for a sale that was consummated with any person to whom Thurber-Wamsley showed the property during the duration of the listing agreement or for a set period of time, a "protection period," following the expiration of the agreement. That clause in the listing agreement had a blank line where a length of time should be filled in, but Thurber-Wamsley purposely left the line blank, believing this afforded her more rights under the agreement. The clause reads:
. A-0 OF CHILD PROTECTION AND PERMANENCY v. H.R Sr., and F.D IN THE MATTER OF THE GUARDIANSHIP OF H.R., Jr., J.R. and R.R Minors NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. H.R., Sr., and F.D - IN THE MATTER OF THE GUARDIANSHIP OF
Date: April 4, 2016
Docket Number: a4991-13 PER CURIAM In A-4991-13 and A-4992-13 respectively, defendants H.R., Sr. (Harold) and F.D. (Felicia) appeal from the Family Part's June 4, 2014 order (the June 2014 order) that terminated their parental rights to their children, H.R., Jr. (Harvey), J.R. (Joseph) and R.R. (Roy).1 In A-2104-14, the New Jersey Division of Child Protection and Permanency (the Division) appeals from the same order that denied a judgment of guardianship as to defendants' two other children, F.D. (Fay) and D.D. (Doris). The Division also appeals from the Family Part's order of December 16, 2014 (the December 2014 order), that denied the Division's motion for reconsideration and dismissed the guardianship complaint. We have consolidated these appeals for the purpose of issuing a single opinion.
Date: April 4, 2016
Docket Number: a4991-13 PER CURIAM In A-4991-13 and A-4992-13 respectively, defendants H.R., Sr. (Harold) and F.D. (Felicia) appeal from the Family Part's June 4, 2014 order (the June 2014 order) that terminated their parental rights to their children, H.R., Jr. (Harvey), J.R. (Joseph) and R.R. (Roy).1 In A-2104-14, the New Jersey Division of Child Protection and Permanency (the Division) appeals from the same order that denied a judgment of guardianship as to defendants' two other children, F.D. (Fay) and D.D. (Doris). The Division also appeals from the Family Part's order of December 16, 2014 (the December 2014 order), that denied the Division's motion for reconsideration and dismissed the guardianship complaint. We have consolidated these appeals for the purpose of issuing a single opinion.
U.S. BANK NATIONAL ASSOCIATION as trustee for MORGAN STANLEY MORTGAGE LOAN TRUST 2006-11 v. ARYEH WEINSTEIN, OSNATE WEINSTEIN and NFM HOLDINGS LLC and BEN GROSS, a/k/a BEZALEL GROSSBERGER
Date: April 4, 2016
Docket Number: a5040-13 PER CURIAM In 2012, plaintiff U.S. Bank National Association commenced this action to foreclose a mortgage on a Lakewood residence. The complaint named as defendants the borrowers, Aryeh Weinstein and his wife, as well as Ben Gross a/k/a Bezalel Grossberger, who was named because a title search revealed he had recorded a construction lien on the property.
Date: April 4, 2016
Docket Number: a5040-13 PER CURIAM In 2012, plaintiff U.S. Bank National Association commenced this action to foreclose a mortgage on a Lakewood residence. The complaint named as defendants the borrowers, Aryeh Weinstein and his wife, as well as Ben Gross a/k/a Bezalel Grossberger, who was named because a title search revealed he had recorded a construction lien on the property.
. A-0 OF CHILD PROTECTION AND PERMANENCY v. A.V and J.H IN THE MATTER OF X.V A.V., and T.V Minors
Date: April 4, 2016
Docket Number: a5047-13 PER CURIAM A.V. appeals from orders entered by the Family Part on October 31, 2013, finding that she abused or neglected her three minor children.1 We reverse. I.
Date: April 4, 2016
Docket Number: a5047-13 PER CURIAM A.V. appeals from orders entered by the Family Part on October 31, 2013, finding that she abused or neglected her three minor children.1 We reverse. I.
RAJIV HAZARAY VENKATESWARA PULLETI and VENKATARAJU KALIDINDI v. THE ESTATES AT BORDENS CROSSING, LLC HARRY KANTOR, PATRICIA SCHLAEFER and ANDREW BRAVERMAN and PAUL CIESMELEWSKI
Date: April 4, 2016
Docket Number: a5135-13 PER CURIAM Plaintiffs Rajiv Hazaray, Venkateswara Pulleti, and Venkataraju Kalidindi purchased model homes to be built with a two-car garage. The garage bay on the left side was not useable for its intended purpose of housing a car, because a platform and stairs made it too short. After a bench trial, Judge Marc M. Baldwin awarded damages, which were trebled pursuant to the Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -20. The court also awarded costs and counsel fees. We affirm. I.
Date: April 4, 2016
Docket Number: a5135-13 PER CURIAM Plaintiffs Rajiv Hazaray, Venkateswara Pulleti, and Venkataraju Kalidindi purchased model homes to be built with a two-car garage. The garage bay on the left side was not useable for its intended purpose of housing a car, because a platform and stairs made it too short. After a bench trial, Judge Marc M. Baldwin awarded damages, which were trebled pursuant to the Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -20. The court also awarded costs and counsel fees. We affirm. I.
KERLANDE FRANCOIS v. BOARD OF REVIEW and CARE ONE AT PARSIPPANY TROY HILLS
Date: April 4, 2016
Docket Number: a5155-13 PER CURIAM Kerlande Francois appeals a May 21, 2014 Board of Review decision affirming an Appeal Tribunal finding that she was disqualified for unemployment benefits as of April 7, 2013, and was liable to refund $2216 for benefits to which she was not entitled. We affirm.
Date: April 4, 2016
Docket Number: a5155-13 PER CURIAM Kerlande Francois appeals a May 21, 2014 Board of Review decision affirming an Appeal Tribunal finding that she was disqualified for unemployment benefits as of April 7, 2013, and was liable to refund $2216 for benefits to which she was not entitled. We affirm.
U'BAY K. LUMUMBA v. NEW JERSEY DEPARTMENT OF CORRECTIONS
Date: April 4, 2016
Docket Number: a5183-13 PER CURIAM U'Bay K. Lumumba, an inmate in New Jersey State Prison (NJSP), appeals from a June 18, 2014, decision of the New Jersey Department of Corrections (DOC) upholding a hearing officer's finding that Lumumba committed sixteen disciplinary infractions and imposing sanctions. We reverse and remand for a new hearing.
Date: April 4, 2016
Docket Number: a5183-13 PER CURIAM U'Bay K. Lumumba, an inmate in New Jersey State Prison (NJSP), appeals from a June 18, 2014, decision of the New Jersey Department of Corrections (DOC) upholding a hearing officer's finding that Lumumba committed sixteen disciplinary infractions and imposing sanctions. We reverse and remand for a new hearing.
STATE OF NEW JERSEY v. HORACE E. WARTHEN a/k/a ERIC WARTHEN, ERICK WARTHEN HORACE WARTHEN, HORCE WATRHEN ERIC WILLIAMS
Date: April 4, 2016
Docket Number: a5246-13 PER CURIAM After his motion to suppress was denied, defendant Horace E. Warthen entered a guilty plea, pursuant to a plea agreement, to third-degree receiving stolen property, N.J.S.A. 2C:20-7(a). Defendant was sentenced, consistent with the terms of that agreement, to a three-year prison term with eighteen months of parole ineligibility. He now appeals and raises the following point:
Date: April 4, 2016
Docket Number: a5246-13 PER CURIAM After his motion to suppress was denied, defendant Horace E. Warthen entered a guilty plea, pursuant to a plea agreement, to third-degree receiving stolen property, N.J.S.A. 2C:20-7(a). Defendant was sentenced, consistent with the terms of that agreement, to a three-year prison term with eighteen months of parole ineligibility. He now appeals and raises the following point:
STATE OF NEW JERSEY v. MANUEL RAMIREZ, a/k/a BIMPY
Date: April 4, 2016
Docket Number: a5307-12 PER CURIAM Defendant Manuel Ramirez was present when a co-defendant assaulted and stabbed a victim. Defendant and two co-defendants then fled and the victim later died of his stab wounds. A jury convicted defendant of second-degree reckless manslaughter, N.J.S.A. 2C:11-4(b)(1), as a lesser-included offense of murder, and two counts of third-degree hindering by flight and providing false information, N.J.S.A. 2C:29-3(a)(2), (b)(4). On the manslaughter conviction, defendant was sentenced to ten years in prison, with eighty-five percent of that time ineligible for parole pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant was also sentenced to two terms of five years in prison for each of the hindering convictions, both concurrent to the manslaughter sentence. In addition, defendant was ordered to pay $8360 in restitution. We affirm defendant's convictions and sentence, but remand for a hearing on restitution and for the amendment of the judgment of conviction to delete an aggravating factor not found by the judge. I.
Date: April 4, 2016
Docket Number: a5307-12 PER CURIAM Defendant Manuel Ramirez was present when a co-defendant assaulted and stabbed a victim. Defendant and two co-defendants then fled and the victim later died of his stab wounds. A jury convicted defendant of second-degree reckless manslaughter, N.J.S.A. 2C:11-4(b)(1), as a lesser-included offense of murder, and two counts of third-degree hindering by flight and providing false information, N.J.S.A. 2C:29-3(a)(2), (b)(4). On the manslaughter conviction, defendant was sentenced to ten years in prison, with eighty-five percent of that time ineligible for parole pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant was also sentenced to two terms of five years in prison for each of the hindering convictions, both concurrent to the manslaughter sentence. In addition, defendant was ordered to pay $8360 in restitution. We affirm defendant's convictions and sentence, but remand for a hearing on restitution and for the amendment of the judgment of conviction to delete an aggravating factor not found by the judge. I.
IFA INSURANCE COMPANY v. GOVERNMENT EMPLOYEES INSURANCE COMPANY and JEFFREY W FALANA - and MARIANA OROPEZA-DEFALANA
Date: April 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: April 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.
STATE OF NEW JERSEY v. DIVINE C. ALLAH a/k/a JERMAINE CRUSE JERMAINE JONES JAMES JONES, DIVINE ALLAH C DEVINE ALLAH
Date: April 4, 2016
Docket Number: a5514-12 PER CURIAM Defendant Divine C. Allah appeals from an April 12, 2013 judgment of conviction entered following a jury trial for third-degree possession of a controlled dangerous substance, N.J.S.A. 2C:35-10(a)(1), and challenges, as excessive, the imposed five-year imprisonment term, subject to a two-and-one-half-year period of parole ineligibility. On appeal, among other things, defendant argues both his motions to dismiss the indictment for possession of cocaine and to suppress evidence were erroneously denied. We reject defendant's suppression arguments; however, following our review, we conclude untrue, material information presented by the State influenced the grand jury's decision to indict. Accordingly, the possession charge should have been dismissed without prejudice. I.
Date: April 4, 2016
Docket Number: a5514-12 PER CURIAM Defendant Divine C. Allah appeals from an April 12, 2013 judgment of conviction entered following a jury trial for third-degree possession of a controlled dangerous substance, N.J.S.A. 2C:35-10(a)(1), and challenges, as excessive, the imposed five-year imprisonment term, subject to a two-and-one-half-year period of parole ineligibility. On appeal, among other things, defendant argues both his motions to dismiss the indictment for possession of cocaine and to suppress evidence were erroneously denied. We reject defendant's suppression arguments; however, following our review, we conclude untrue, material information presented by the State influenced the grand jury's decision to indict. Accordingly, the possession charge should have been dismissed without prejudice. I.
KASEEM ALI-X v. NEW JERSEY DEPARTMENT OF CORRECTIONS
Date: April 4, 2016
Docket Number: a5556-13 PER CURIAM Kaseem Ali-X is an inmate serving a sentence of thirty-five years to life for murder and other crimes. He is appealing the Department of Corrections' (the Department's) denial of his petition for rulemaking. We affirm.
Date: April 4, 2016
Docket Number: a5556-13 PER CURIAM Kaseem Ali-X is an inmate serving a sentence of thirty-five years to life for murder and other crimes. He is appealing the Department of Corrections' (the Department's) denial of his petition for rulemaking. We affirm.
ELVIN E. PETERS v. BOARD OF REVIEW DEPARTMENT OF LABOR and NEW JERSEY TRANSIT BUS OPERATIONS
Date: April 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: April 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: April 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: April 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.
PISCATAWAY TOWNSHIP BOARD OF EDUCATION v. DAVID HESPE COMMISSIONER OF EDUCATION OF THE STATE OF NEW JERSEY
Date: April 4, 2016
Docket Number: a5890-13 PER CURIAM The Piscataway Board of Education (the "District") appeals the Commissioner of Education's rejection of its request to reduce the tuition rate that the District paid in school year 2010-11 to four charter schools for District pupils attending those schools. Following a remand from this court, the Commissioner concluded in his second final agency decision that he lacked the authority to grant the District's request under the revised version of the Charter School Program Act of 1995, N.J.S.A. 18A:36A-1 to -18 (the "Act"), notwithstanding a regulation that had been on the books in 2010-11 stating that he possessed such discretionary authority. We affirm.
Date: April 4, 2016
Docket Number: a5890-13 PER CURIAM The Piscataway Board of Education (the "District") appeals the Commissioner of Education's rejection of its request to reduce the tuition rate that the District paid in school year 2010-11 to four charter schools for District pupils attending those schools. Following a remand from this court, the Commissioner concluded in his second final agency decision that he lacked the authority to grant the District's request under the revised version of the Charter School Program Act of 1995, N.J.S.A. 18A:36A-1 to -18 (the "Act"), notwithstanding a regulation that had been on the books in 2010-11 stating that he possessed such discretionary authority. We affirm.
IN THE MATTER OF DETECTIVE ARIEL GONZALEZ
Date: April 4, 2016
Docket Number: a6140-12 PER CURIAM Ariel Gonzalez, a Detective employed by the Waterfront Commission of New York Harbor (Commission), an instrumentality of the states of New York and New Jersey, appeals from the Commission's final determination that he violated the Collective Bargaining Agreement between the Commission and the Detectives' Endowment Association P.B.A. Local 195 (CBA), the Commission's Police Division's Standards of Professional Conduct, Law Enforcement Code of Ethics, Rules and Regulations, and Employee Handbook. As a result of the infractions, Gonzalez was terminated. Following our review of the arguments advanced on appeal, in light of the record and applicable law, we affirm. I.
Date: April 4, 2016
Docket Number: a6140-12 PER CURIAM Ariel Gonzalez, a Detective employed by the Waterfront Commission of New York Harbor (Commission), an instrumentality of the states of New York and New Jersey, appeals from the Commission's final determination that he violated the Collective Bargaining Agreement between the Commission and the Detectives' Endowment Association P.B.A. Local 195 (CBA), the Commission's Police Division's Standards of Professional Conduct, Law Enforcement Code of Ethics, Rules and Regulations, and Employee Handbook. As a result of the infractions, Gonzalez was terminated. Following our review of the arguments advanced on appeal, in light of the record and applicable law, we affirm. I.
ROBERT FERGUSON v. NEW JERSEY DEPARTMENT OF CORRECTIONS
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