New Jersey Superior Court, Appellate Division - Unpublished Opinions Decisions 2014
Opinions 501 - 1000 of 2391
CHRISTOPHER TAYLOR v. NEW JERSEY DEPARTMENT OF CORRECTIONS
Date: October 8, 2014
Docket Number: a4068-12
Date: October 8, 2014
Docket Number: a4068-12
A-0STATE OF NEW JERSEY v. MARTIN LUTHER BASKERVILLE October 23, 2014
Date: October 8, 2014
Docket Number: a5050-11
Date: October 8, 2014
Docket Number: a5050-11
IN THE MATTER OF THE TRUST UNDER THE WILL OF ANNE DeGENNARO
Date: October 7, 2014
Docket Number: a0198-13
Date: October 7, 2014
Docket Number: a0198-13
MARIE SIMON-MOISE v. BOARD OF TRUSTEES PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Date: October 7, 2014
Docket Number: a3550-12
Date: October 7, 2014
Docket Number: a3550-12
ROLAND GEBERT v. NEW JERSEY STATE PAROLE BOARD October 23, 2014
Date: October 7, 2014
Docket Number: a5435-12
Date: October 7, 2014
Docket Number: a5435-12
OF CHILD PROTECTION AND PERMANENCY v. N.C and D.C and B.N. and M.V - IN THE MATTER OF A.N AND L.V Minors October 23, 2014
Date: October 7, 2014
Docket Number: a6390-11
Date: October 7, 2014
Docket Number: a6390-11
EFSTRATIOS HADJIKONSTANTINOU v. GEORGIA HADJIKONSTANTINOU
Date: October 3, 2014
Docket Number: a0216-13
Date: October 3, 2014
Docket Number: a0216-13
RAMON SOBERAL v. CITY OF MILLVILLE DEPARTMENT OF PARKS & PUBLIC PROPERTY
Date: October 3, 2014
Docket Number: a0468-13
Date: October 3, 2014
Docket Number: a0468-13
LINDA STRAUSS v. BABAK SAADATMAND
Date: October 3, 2014
Docket Number: a2610-13 PER CURIAM In A-4661-12, defendant appeals from the Final Judgment of Divorce (the "FJOD") dated February 21, 2013, the Amended Final Judgment of Divorce (the "AFJOD") dated February 26, 2013, and an order dated May 23, 2013, denying his motion for reconsideration of the judgments. In A-2610-13, defendant appeals from an order dated November 4, 2013, awarding plaintiff post-judgment counsel fees. We address both appeals in this opinion. For the reasons that follow, in A-4661-12, we affirm; and in A-2610-13, we affirm the November 4, 2013 order, as modified.
Date: October 3, 2014
Docket Number: a2610-13 PER CURIAM In A-4661-12, defendant appeals from the Final Judgment of Divorce (the "FJOD") dated February 21, 2013, the Amended Final Judgment of Divorce (the "AFJOD") dated February 26, 2013, and an order dated May 23, 2013, denying his motion for reconsideration of the judgments. In A-2610-13, defendant appeals from an order dated November 4, 2013, awarding plaintiff post-judgment counsel fees. We address both appeals in this opinion. For the reasons that follow, in A-4661-12, we affirm; and in A-2610-13, we affirm the November 4, 2013 order, as modified.
NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. J.I.
Date: October 3, 2014
Docket Number: a4117-12
Date: October 3, 2014
Docket Number: a4117-12
ESPERANZA SHAPIRO v. BOARD OF TRUSTEES OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Date: October 2, 2014
Docket Number: a4560-12
Date: October 2, 2014
Docket Number: a4560-12
ENCHANTMENT AT EAST WINDSOR LLC v. PLANNING BOARD OF THE TOWNSHIP OF EAST WINDSOR
Date: October 2, 2014
Docket Number: a4983-12
Date: October 2, 2014
Docket Number: a4983-12
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.M.A.
Date: October 1, 2014
Docket Number: a0332-13
Date: October 1, 2014
Docket Number: a0332-13
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. C.P.
Date: October 1, 2014
Docket Number: a1263-13
Date: October 1, 2014
Docket Number: a1263-13
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.R IN THE MATTER OF A.R.-O a minor October 1, 2014
Date: October 1, 2014
Docket Number: a1791-13
Date: October 1, 2014
Docket Number: a1791-13
NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. M.W.
Date: October 1, 2014
Docket Number: a1870-13
Date: October 1, 2014
Docket Number: a1870-13
THOMAS M. LEONARD v. PORT AUTHORITY TRANS-HUDSON CORPORATION
Date: October 1, 2014
Docket Number: a3671-12
Date: October 1, 2014
Docket Number: a3671-12
A-0STATE OF NEW JERSEY v. ROBERT A. FIGUEROA October 24, 2014
Date: October 1, 2014
Docket Number: a4500-12
Date: October 1, 2014
Docket Number: a4500-12
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.S.
Date: October 1, 2014
Docket Number: a6190-12
Date: October 1, 2014
Docket Number: a6190-12
A-0DERVI OLIVERO-PENA v. HECTOR GONZALEZ, JR October 24, 2014
Date: September 30, 2014
Docket Number: a3431-12
Date: September 30, 2014
Docket Number: a3431-12
A-01 OF CHILD PROTECTION AND PERMANENCY,2 v. Y.T.R and H.Q IN THE MATTER OF THE GUARDIANSHIP OF A.M.Q a minor October 23, 2014
Date: September 29, 2014
Docket Number: a2502-13
Date: September 29, 2014
Docket Number: a2502-13
A-01 OF CHILD PROTECTION AND PERMANENCY,2 v. Y.T.R and H.Q IN THE MATTER OF THE GUARDIANSHIP OF A.M.Q a minor October 23, 2014
Date: September 29, 2014
Docket Number: a2503-12xx
Date: September 29, 2014
Docket Number: a2503-12xx
P.P. v. BOARD OF TRUSTEES POLICE AND FIREMEN'S RETIREMENT SYSTEM
Date: September 29, 2014
Docket Number: a3299-12
Date: September 29, 2014
Docket Number: a3299-12
JOSHUA POLANCO v. NEW JERSEY DEPARTMENT OF CORRECTIONS
Date: September 26, 2014
Docket Number: a5088-12
Date: September 26, 2014
Docket Number: a5088-12
HAROLD NAULTY v. TOWNSHIP OF PEMBERTON PUBLIC WORKS
Date: September 26, 2014
Docket Number: a5221-12
Date: September 26, 2014
Docket Number: a5221-12
D.M. v. M.M.
Date: September 25, 2014
Docket Number: a2157-12 J.A.D. These two appeals, which we have consolidated for purposes of this opinion, arise from post-judgment motions pertaining to the choice of elementary school for the parties' minor child and other co-parenting issues. According to their Property Settlement Agreement (PSA), the parties share joint legal custody of their daughter entitling both parents to joint decision-making on matters pertaining to her health, education and welfare. Defendant-father filed a motion to enforce litigant's rights after plaintiff-mother, the parent of primary residence (PPR), enrolled the child in a school in her community over defendant's objection. Defendant also sought recalculation of child support, as permitted under the PSA. Plaintiff filed a cross motion seeking enforcement of certain financial obligations and attorney's fees.
Date: September 25, 2014
Docket Number: a2157-12 J.A.D. These two appeals, which we have consolidated for purposes of this opinion, arise from post-judgment motions pertaining to the choice of elementary school for the parties' minor child and other co-parenting issues. According to their Property Settlement Agreement (PSA), the parties share joint legal custody of their daughter entitling both parents to joint decision-making on matters pertaining to her health, education and welfare. Defendant-father filed a motion to enforce litigant's rights after plaintiff-mother, the parent of primary residence (PPR), enrolled the child in a school in her community over defendant's objection. Defendant also sought recalculation of child support, as permitted under the PSA. Plaintiff filed a cross motion seeking enforcement of certain financial obligations and attorney's fees.
INDIGO GYMNASTICS CENTER, LLC v. BOARD OF REVIEW DEPARTMENT OF LABOR
Date: September 25, 2014
Docket Number: a3531-12
Date: September 25, 2014
Docket Number: a3531-12
ELITE HOME FASHION LIMITED LIABILITY COMPANY v. ELITE HOME FASHIONS LLC
Date: September 24, 2014
Docket Number: a2429-12
Date: September 24, 2014
Docket Number: a2429-12
TOYCE SAXTON v. NEW JERSEY DEPARTMENT OF CORRECTIONS
Date: September 24, 2014
Docket Number: a4280-12
Date: September 24, 2014
Docket Number: a4280-12
HALIMAH PELL v. BOARD OF REVIEW DEPARTMENT OF LABOR
Date: September 24, 2014
Docket Number: a5343-12
Date: September 24, 2014
Docket Number: a5343-12
A-0 OF CHILD PROTECTION AND PERMANENCY v. C.C IN THE MATTER OF THE GUARDIANSHIP OF N.C. and A.C Minors October 23, 2014
Date: September 23, 2014
Docket Number: a4119-12
Date: September 23, 2014
Docket Number: a4119-12
A-0 OF CHILD PROTECTION AND PERMANENCY v. M.H IN THE MATTER OF A.H Minor October 24, 2014
Date: September 23, 2014
Docket Number: a5697-12
Date: September 23, 2014
Docket Number: a5697-12
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. C.F.
Date: September 22, 2014
Docket Number: a2562-12
Date: September 22, 2014
Docket Number: a2562-12
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. I.H.
Date: September 22, 2014
Docket Number: a2936-12
Date: September 22, 2014
Docket Number: a2936-12
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.D.
Date: September 22, 2014
Docket Number: a3478-12
Date: September 22, 2014
Docket Number: a3478-12
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.M.
Date: September 22, 2014
Docket Number: a4698-12
Date: September 22, 2014
Docket Number: a4698-12
IN THE MATTER OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION'S REVIEW OBLIGATIONS
Date: September 16, 2014
Docket Number: a3377-12
Date: September 16, 2014
Docket Number: a3377-12
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.F.
Date: September 16, 2014
Docket Number: a3839-12
Date: September 16, 2014
Docket Number: a3839-12
A-06501 NSR, LLC, assignee of Susquehanna Bank v. BURNT MILL ASSOCIATES WOODLANE ASSOCIATES LP GEORGE M. DIEMER, FIRST PHILADELPHIA HOLDINGS LLC October 24, 2014
Date: September 15, 2014
Docket Number: a3965-12
Date: September 15, 2014
Docket Number: a3965-12
MICHAEL A. VALLONE v. TOWNSHIP OF HOLMDEL POLICE DEPARTMENT
Date: September 12, 2014
Docket Number: a1452-12
Date: September 12, 2014
Docket Number: a1452-12
RONALD WILLIAMS v. NEW JERSEY DEPARTMENT OF CORRECTIONS
Date: September 12, 2014
Docket Number: a4638-12
Date: September 12, 2014
Docket Number: a4638-12
FRANKLYN D. VEGA-CRUZ v. BOARD OF REVIEW DEPARTMENT OF LABOR
Date: September 12, 2014
Docket Number: a6130-11
Date: September 12, 2014
Docket Number: a6130-11
DEREK Q. CHAPMAN, M.D. v. LOURDES MEDICAL CENTER OF BURLINGTON COUNTY
Date: September 10, 2014
Docket Number: a0120-12
Date: September 10, 2014
Docket Number: a0120-12
NORTHWEST BERGEN COUNTY UTILITIES AUTHORITY v. KATHLEEN A. DONOVAN
Date: September 10, 2014
Docket Number: a0285-12
Date: September 10, 2014
Docket Number: a0285-12
TITANIUM INDUSTRIES INC v. FEDERAL INSURANCE COMPANY
Date: September 10, 2014
Docket Number: a1922-12
Date: September 10, 2014
Docket Number: a1922-12
A-0 OF CHILD PROTECTION AND PERMANENCY v. M.W IN THE MATTER OF Y.C and A.W minors October 23, 2014
Date: September 10, 2014
Docket Number: a2937-12
Date: September 10, 2014
Docket Number: a2937-12
UNION LAKE SUPERMARKET LLC v. CITY OF MILLVILLE ZONING BOARD OF ADJUSTMENT
Date: September 10, 2014
Docket Number: a3169-12
Date: September 10, 2014
Docket Number: a3169-12
HIDDEN LAKE AREA HOMEOWNERS ASSOCIATION v. TOWNSHIP OF NORTH BRUNSWICK
Date: September 8, 2014
Docket Number: a3560-12
Date: September 8, 2014
Docket Number: a3560-12
COMMUNICATIONS WORKERS OF AMERICA v. NEW JERSEY CIVIL SERVICE COMMISSION
Date: September 8, 2014
Docket Number: a5320-11
Date: September 8, 2014
Docket Number: a5320-11
LUIGI COPPOLA v. BOARD OF REVIEW DEPARTMENT OF LABOR
Date: September 5, 2014
Docket Number: a2866-12 PER CURIAM Appellant Luigi Coppola appeals two final administrative agency actions by the Board of Review (Board) in the Division of Unemployment and Disability Insurance (Division), Department of Labor and Workforce Development. In A-50941-11, he appeals the Board's decision that he was disqualified for unemployment benefits based on his employment by Central Jersey Landscaping & Lawn (Central Jersey) because he left work voluntarily. In A-2866-12, he appeals the Board's decision that he is responsible for the repayment of benefits he received prior to the decision that he was disqualified. We consolidate the appeals for the purposes of this opinion and affirm as to both. I.
Date: September 5, 2014
Docket Number: a2866-12 PER CURIAM Appellant Luigi Coppola appeals two final administrative agency actions by the Board of Review (Board) in the Division of Unemployment and Disability Insurance (Division), Department of Labor and Workforce Development. In A-50941-11, he appeals the Board's decision that he was disqualified for unemployment benefits based on his employment by Central Jersey Landscaping & Lawn (Central Jersey) because he left work voluntarily. In A-2866-12, he appeals the Board's decision that he is responsible for the repayment of benefits he received prior to the decision that he was disqualified. We consolidate the appeals for the purposes of this opinion and affirm as to both. I.
MARYAM JAFARI, M.D. v. DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES
Date: September 5, 2014
Docket Number: a3273-12
Date: September 5, 2014
Docket Number: a3273-12
LUIGI COPPOLA v. BOARD OF REVIEW DEPARTMENT OF LABOR
Date: September 5, 2014
Docket Number: a5941-11
Date: September 5, 2014
Docket Number: a5941-11
NEW JERSEY TRANSIT BUS OPERATIONS, INC v. ATU NEW JERSEY STATE COUNCIL
Date: September 4, 2014
Docket Number: a2331-12
Date: September 4, 2014
Docket Number: a2331-12
SUSAN MEGLINO v. WELLS FARGO BANK, N.A.
Date: September 4, 2014
Docket Number: a3254-12 PER CURIAM In order to understand the pending litigation, it is necessary to describe the history, as gleaned from the record, which resulted in these appeals. We combine the two related matters into one opinion. In 2006, plaintiff Susan Meglino was the principal of SGM Construction and Landscaping LLC and Twelve Point Construction and Landscaping, and maintained accounts at defendant Wachovia Bank. Wachovia merged with defendant Wells Fargo in 2008. The only written agreement between plaintiffs and Wachovia was a standard depositor's contract.
Date: September 4, 2014
Docket Number: a3254-12 PER CURIAM In order to understand the pending litigation, it is necessary to describe the history, as gleaned from the record, which resulted in these appeals. We combine the two related matters into one opinion. In 2006, plaintiff Susan Meglino was the principal of SGM Construction and Landscaping LLC and Twelve Point Construction and Landscaping, and maintained accounts at defendant Wachovia Bank. Wachovia merged with defendant Wells Fargo in 2008. The only written agreement between plaintiffs and Wachovia was a standard depositor's contract.
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. D.C.
Date: September 4, 2014
Docket Number: a3477-12
Date: September 4, 2014
Docket Number: a3477-12
ROBERT E. BUCK v. BOARD OF REVIEW DEPARTMENT OF LABOR
Date: September 4, 2014
Docket Number: a4656-11
Date: September 4, 2014
Docket Number: a4656-11
BLOOMFIELD 206 CORPORATION v. CITY OF HOBOKEN
Date: September 4, 2014
Docket Number: a6075-11 PER CURIAM These matters, consolidated by our October 3, 2012 order, challenge rent calculations made by defendant, the City of Hoboken's (Hoboken) Department of Human Services Rent Leveling and Stabilization Board (the Board), for rental of an apartment subject to Hoboken's rent control ordinance (RCO). We affirm.
Date: September 4, 2014
Docket Number: a6075-11 PER CURIAM These matters, consolidated by our October 3, 2012 order, challenge rent calculations made by defendant, the City of Hoboken's (Hoboken) Department of Human Services Rent Leveling and Stabilization Board (the Board), for rental of an apartment subject to Hoboken's rent control ordinance (RCO). We affirm.
VERONICA WILLIAMS v. ATLANTICARE REGIONAL MEDICAL CENTER
Date: September 3, 2014
Docket Number: a1093-13
Date: September 3, 2014
Docket Number: a1093-13
JAMES C. GRIFFIN, JR v. ALLSTATE INSURANCE COMPANY OF NEW JERSEY
Date: September 3, 2014
Docket Number: a1184-12
Date: September 3, 2014
Docket Number: a1184-12
THE BASEMENT STORE FRANCHISE CORP v. DOMINICK NATOLI
Date: September 3, 2014
Docket Number: a6092-12
Date: September 3, 2014
Docket Number: a6092-12
JUDITH A. GRIGNON v. BOARD OF REVIEW DEPARTMENT OF LABOR
Date: September 2, 2014
Docket Number: a0012-12
Date: September 2, 2014
Docket Number: a0012-12
A-0LEMAD CORPORATION v. IRENE HONACHEFSKY JIMMY AGUIRRE AND AUDREY BETH AGUIRRE and WILLIAM HONACHEFSKY AND BONITA E HONACHEFSKY IRENE HONACHEFSKY WILLIAM HONACHEFSKY BONITA E. HONACHEFSKY JIMMY AGUIRRE AND AUDREY BETH AGUIRRE v. CHARLES M. URB
Date: September 2, 2014
Docket Number: a5582-12
Date: September 2, 2014
Docket Number: a5582-12
IN THE MATTER OF KEVIN WESBY DEPARTMENT OF HUMAN SERVICES
Date: September 2, 2014
Docket Number: a5739-12
Date: September 2, 2014
Docket Number: a5739-12
RAYMOND CATTONAR v. TOWNSHIP OF JACKSON POLICE DEPARTMENT
Date: August 29, 2014
Docket Number: a2419-12
Date: August 29, 2014
Docket Number: a2419-12
LEONARD ANKLOWITZ v. GREENBRIAR AT WHITTINGHAM COMMUNITY ASSOCIATION
Date: August 29, 2014
Docket Number: a3606-12
Date: August 29, 2014
Docket Number: a3606-12
GREGORY JOHN GALFO v. THE CUMBERLAND MUTUAL FIRE INSURANCE COMPANY
Date: August 29, 2014
Docket Number: a3940-12
Date: August 29, 2014
Docket Number: a3940-12
ACCESS COMMUNICATION SERVICES, INC v. INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL UNION NO. 351
Date: August 28, 2014
Docket Number: a0091-12
Date: August 28, 2014
Docket Number: a0091-12
RONNIE CHARME v. BOARD OF REVIEW DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT
Date: August 28, 2014
Docket Number: a2265-12
Date: August 28, 2014
Docket Number: a2265-12
DURAMIX CONCRETE CORP v. TONY GOMES CONSTRUCTION CO., INC
Date: August 28, 2014
Docket Number: a2769-12
Date: August 28, 2014
Docket Number: a2769-12
PEGGY PREZIOSO v. BOARD OF EDUCATION OF THE POLYTECH CAREER ACADEMY HUNTERDON COUNTY
Date: August 27, 2014
Docket Number: a4644-12
Date: August 27, 2014
Docket Number: a4644-12
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.P.
Date: August 26, 2014
Docket Number: a0788-13
Date: August 26, 2014
Docket Number: a0788-13
DANIEL U. BELL v. NEW JERSEY DEPARTMENT OF CORRECTIONS
Date: August 26, 2014
Docket Number: a3954-12
Date: August 26, 2014
Docket Number: a3954-12
MARILYN D. MASAITIS v. ALLSTATE NEW JERSEY INSURANCE COMPANY
Date: August 26, 2014
Docket Number: a4435-12
Date: August 26, 2014
Docket Number: a4435-12
NEW JERSEY DEPARTMENT OF CHILDREN AND FAMILIES DIVISION OF YOUTH AND FAMILY SERVICES v. R.C.
Date: August 26, 2014
Docket Number: a6381-11
Date: August 26, 2014
Docket Number: a6381-11
EDWARD WHEELER v. MAYOR and COUNCIL OF THE TOWNSHIP OF EDISON
Date: August 22, 2014
Docket Number: a0854-12
Date: August 22, 2014
Docket Number: a0854-12
ALONZO CAMPBELL v. SAINT JAMES AFRICAN METHODIST EPISCOPAL CHURCH
Date: August 22, 2014
Docket Number: a4193-12
Date: August 22, 2014
Docket Number: a4193-12
CITY OF ATLANTIC CITY v. ATLANTIC CITY POLICE BENEVOLENT ASSOCIATION LOCAL NO 24
Date: August 21, 2014
Docket Number: a2812-11
Date: August 21, 2014
Docket Number: a2812-11
AMERICAN STATES INSURANCE COMPANY v. PHILADELPHIA INSURANCE COMPANY
Date: August 21, 2014
Docket Number: a3693-12
Date: August 21, 2014
Docket Number: a3693-12
T-MOBILE NORTHEAST LLC v. TOWNSHIP OF WEST DEPTFORD ZONING BOARD OF ADJUSTMENT
Date: August 21, 2014
Docket Number: a4188-12
Date: August 21, 2014
Docket Number: a4188-12
IN THE MATTER OF THE TENURE HEARING OF ERROL GOODWATER
Date: August 20, 2014
Docket Number: a4909-11
Date: August 20, 2014
Docket Number: a4909-11
TERRENCE I. MURPHY v. BOARD OF REVIEW DEPARTMENT OF LABOR
Date: August 19, 2014
Docket Number: a2455-12
Date: August 19, 2014
Docket Number: a2455-12
STATE OF NEW JERSEY v. JAMEEL ROLLINS
Date: August 19, 2014
Docket Number: a2492-11 PER CURIAM Co-defendants Jameel Rollins and Emmanuel Pierrevil appeal from the judgments of conviction and sentences imposed following a jury trial that lasted several weeks. We consolidated the two appeals for the purpose of issuing a single opinion.
Date: August 19, 2014
Docket Number: a2492-11 PER CURIAM Co-defendants Jameel Rollins and Emmanuel Pierrevil appeal from the judgments of conviction and sentences imposed following a jury trial that lasted several weeks. We consolidated the two appeals for the purpose of issuing a single opinion.
MARC E. HOLLOWAY v. NEW JERSEY MOTOR VEHICLE COMMISSION
Date: August 15, 2014
Docket Number: a2395-12
Date: August 15, 2014
Docket Number: a2395-12
NEW JERSEY MOTOR VEHICLE COMMISSION v. JOHN W. WANECK
Date: August 15, 2014
Docket Number: a5042-11 PER CURIAM We address two appeals1 by John W. Waneck (defendant) arising out of a fatal motor vehicle accident. The first appeal challenges the revocation of defendant's driving privileges by the Director of the New Jersey Motor Vehicle Commission (Director or MVC) for careless driving. The second appeal challenges his conviction of driving while intoxicated (DWI), N.J.S.A. 39:4-50, entered by the Law Division. After careful review, we affirm the revocation of defendant's driving privileges by the MVC as well as his conviction and sentence for DWI.
Date: August 15, 2014
Docket Number: a5042-11 PER CURIAM We address two appeals1 by John W. Waneck (defendant) arising out of a fatal motor vehicle accident. The first appeal challenges the revocation of defendant's driving privileges by the Director of the New Jersey Motor Vehicle Commission (Director or MVC) for careless driving. The second appeal challenges his conviction of driving while intoxicated (DWI), N.J.S.A. 39:4-50, entered by the Law Division. After careful review, we affirm the revocation of defendant's driving privileges by the MVC as well as his conviction and sentence for DWI.
STATE OF NEW JERSEY v. LALELEI KELLY
Date: August 14, 2014
Docket Number: a1335-12 PER CURIAM In May 2010, the Middlesex County Prosecutor's Office issued warrant-complaints charging defendants Lalelei B. Kelly and Angela Kemp (collectively, "defendants") with fourth-degree uttering false writings or records, N.J.S.A. 2C:21-4; third-degree theft by deception, N.J.S.A. 2C:20-4(a); third-degree conspiracy to commit theft by deception, N.J.S.A. 2C:5-2(a)(1); and fourth-degree false swearing, N.J.S.A. 2C:28-2(a). It was the State's essential allegation that defendants, who resided in Perth Amboy and were employed by the Plainfield Board of Education, conspired with Steven Gallon III, the superintendent of that school district and a resident of South Plainfield, to execute necessary documents so as to falsely claim that their children resided at Gallon's address, thereby enabling the children to attend South Plainfield's public schools.
Date: August 14, 2014
Docket Number: a1335-12 PER CURIAM In May 2010, the Middlesex County Prosecutor's Office issued warrant-complaints charging defendants Lalelei B. Kelly and Angela Kemp (collectively, "defendants") with fourth-degree uttering false writings or records, N.J.S.A. 2C:21-4; third-degree theft by deception, N.J.S.A. 2C:20-4(a); third-degree conspiracy to commit theft by deception, N.J.S.A. 2C:5-2(a)(1); and fourth-degree false swearing, N.J.S.A. 2C:28-2(a). It was the State's essential allegation that defendants, who resided in Perth Amboy and were employed by the Plainfield Board of Education, conspired with Steven Gallon III, the superintendent of that school district and a resident of South Plainfield, to execute necessary documents so as to falsely claim that their children resided at Gallon's address, thereby enabling the children to attend South Plainfield's public schools.
JUAN C. DELACRUZ v. ADMINISTRATIVE OFFICE OF FORECLOSURE
Date: August 14, 2014
Docket Number: a4145-12
Date: August 14, 2014
Docket Number: a4145-12
JAZZYXPRESS, LLC v. ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF SOUTH PLAINFIELD
Date: August 13, 2014
Docket Number: a0697-13
Date: August 13, 2014
Docket Number: a0697-13
IN THE MATTER OF CAMDEN COUNTY POLICE DEPARTMENT PILOT PROGRAM
Date: August 13, 2014
Docket Number: a1004-12
Date: August 13, 2014
Docket Number: a1004-12
IN THE MATTER OF CAMDEN COUNTY POLICE DEPARTMENT PILOT PROGRAM
Date: August 13, 2014
Docket Number: a1018-12 PER CURIAM In these consolidated appeals, the Camden Organization of Police Superiors (COPS) and the Fraternal Order of Police, Camden Lodge No. 1 (FOP), appeal from the October 3, 2012 final administrative action of the New Jersey Civil Service Commission (Commission), approving Camden County's application to establish a Camden County Police Department (CCPD) pilot program to staff the CCPD.
Date: August 13, 2014
Docket Number: a1018-12 PER CURIAM In these consolidated appeals, the Camden Organization of Police Superiors (COPS) and the Fraternal Order of Police, Camden Lodge No. 1 (FOP), appeal from the October 3, 2012 final administrative action of the New Jersey Civil Service Commission (Commission), approving Camden County's application to establish a Camden County Police Department (CCPD) pilot program to staff the CCPD.
FRANK IOSSA and FIOSSA TRANSIT SYSTEM, LLC v. LOGISTICARE SOLUTIONS LLC
Date: August 13, 2014
Docket Number: a5387-12 PER CURIAM The central issue in these consolidated appeals is whether an arbitration clause in a contract between plaintiff Fiossa Transit System, LLC, and defendant LogistiCare Solutions, LLC, encompasses claims brought under the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49. The trial judge ruled that the arbitration clause did not cover LAD claims, and he twice denied defendants' motions to dismiss the complaint based on the arbitration clause. Defendants LogistiCare and Linda Day, manager of LogistiCare's New Jersey operations, appeal from the implementing orders. Plaintiffs Fiossa Transit and its managing member, Frank Iossa, oppose the appeal.
Date: August 13, 2014
Docket Number: a5387-12 PER CURIAM The central issue in these consolidated appeals is whether an arbitration clause in a contract between plaintiff Fiossa Transit System, LLC, and defendant LogistiCare Solutions, LLC, encompasses claims brought under the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49. The trial judge ruled that the arbitration clause did not cover LAD claims, and he twice denied defendants' motions to dismiss the complaint based on the arbitration clause. Defendants LogistiCare and Linda Day, manager of LogistiCare's New Jersey operations, appeal from the implementing orders. Plaintiffs Fiossa Transit and its managing member, Frank Iossa, oppose the appeal.
ARTURI, D'ARGENIO GUAGLARDI & MELITI LLP v. JESSE D. SADEJ
Date: August 11, 2014
Docket Number: a4094-11
Date: August 11, 2014
Docket Number: a4094-11
MARY TANFIELD v. LEIGH RAILROAD CONSOLIDATED RAIL SHARED ASSETS
Date: August 11, 2014
Docket Number: a4170-12
Date: August 11, 2014
Docket Number: a4170-12
JASONTOWN APARTMENTS LLC v. SNOW SOLUTION SERVICES LLC
Date: August 11, 2014
Docket Number: a5374-12
Date: August 11, 2014
Docket Number: a5374-12
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. C.J.
Date: August 8, 2014
Docket Number: a0194-12
Date: August 8, 2014
Docket Number: a0194-12
NEW JEREY DIVISION OF CHILD PROTECTION AND PERMANENCY v. C.J.
Date: August 8, 2014
Docket Number: a0197-12 PER CURIAM Defendants J.J. (Jay) and C.J. (Clea), parents of five children, have jointly appealed from a Family Part decision that they abused or neglected their children.1 The Law Guardian for the second and third oldest children supports their appeal. Defendants have separately appealed from a Family Part order terminating their parental rights to their oldest and two youngest children. The Division of Child Protection and Permanency (the Division), formerly the Division of Youth and Family Services, opposes all three appeals, as does the Law Guardian for the oldest and two youngest children.
Date: August 8, 2014
Docket Number: a0197-12 PER CURIAM Defendants J.J. (Jay) and C.J. (Clea), parents of five children, have jointly appealed from a Family Part decision that they abused or neglected their children.1 The Law Guardian for the second and third oldest children supports their appeal. Defendants have separately appealed from a Family Part order terminating their parental rights to their oldest and two youngest children. The Division of Child Protection and Permanency (the Division), formerly the Division of Youth and Family Services, opposes all three appeals, as does the Law Guardian for the oldest and two youngest children.
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. C.J.
Date: August 8, 2014
Docket Number: a0326-11
Date: August 8, 2014
Docket Number: a0326-11
LAURIE ORTIZ GUERRERO v. TOMS RIVER REGIONAL SCHOOLS BOARD OF EDUCATION
Date: August 8, 2014
Docket Number: a0358-13
Date: August 8, 2014
Docket Number: a0358-13
MARIANNE RUSSO v. SCOTT SCHAFFER, DMD
Date: August 8, 2014
Docket Number: a2949-12 PER CURIAM Petitioner Marianne Russo worked as a dental hygienist for three different dentists from 1991 through 2007 and filed six separate claim petitions with the Division of Workers' Compensation, alleging she was totally and permanently disabled. She appeals from a judgment entered by a judge of workers' compensation that found her only compensable claim to be for her right carpal tunnel syndrome and rejected her claim of total and permanent disability. We affirm. The petitioner in a workers' compensation case must prove both legal and medical causation, Lindquist v. City of Jersey City Fire Dep't, 175 N.J. 244, 258-59 (2003), "by a preponderance of the probabilities." Perez v. Monmouth Cable Vision, 278 N.J. Super. 275, 282 (App. Div. 1994), certif. denied, 140 N.J. 277 (1995). "[P]roof of medical causation means proof that the disability was actually caused by the work-related event. Proof of legal causation means proof that the injury is work connected." Lindquist, supra, 175 N.J. at 259 (citation omitted). "The standard is one of reasonable probability; i.e., whether or not the evidence is of sufficient quality to generate a belief that the tendered hypothesis is in all likelihood the truth. The evidence must be such as to lead a reasonably cautious mind to the given conclusion." Lesniewski v. W.B. Furze Corp., 308 N.J. Super. 270, 279 (App. Div. 1998).
Date: August 8, 2014
Docket Number: a2949-12 PER CURIAM Petitioner Marianne Russo worked as a dental hygienist for three different dentists from 1991 through 2007 and filed six separate claim petitions with the Division of Workers' Compensation, alleging she was totally and permanently disabled. She appeals from a judgment entered by a judge of workers' compensation that found her only compensable claim to be for her right carpal tunnel syndrome and rejected her claim of total and permanent disability. We affirm. The petitioner in a workers' compensation case must prove both legal and medical causation, Lindquist v. City of Jersey City Fire Dep't, 175 N.J. 244, 258-59 (2003), "by a preponderance of the probabilities." Perez v. Monmouth Cable Vision, 278 N.J. Super. 275, 282 (App. Div. 1994), certif. denied, 140 N.J. 277 (1995). "[P]roof of medical causation means proof that the disability was actually caused by the work-related event. Proof of legal causation means proof that the injury is work connected." Lindquist, supra, 175 N.J. at 259 (citation omitted). "The standard is one of reasonable probability; i.e., whether or not the evidence is of sufficient quality to generate a belief that the tendered hypothesis is in all likelihood the truth. The evidence must be such as to lead a reasonably cautious mind to the given conclusion." Lesniewski v. W.B. Furze Corp., 308 N.J. Super. 270, 279 (App. Div. 1998).
REYNAE E. MILLER v. BOARD OF REVIEW DEPARTMENT OF LABOR
Date: August 7, 2014
Docket Number: a3584-12
Date: August 7, 2014
Docket Number: a3584-12
CHRISTINA SILVIERA-FRANCISCO v. BOARD OF EDUCATION OF THE CITY OF ELIZABETH
Date: August 7, 2014
Docket Number: a4418-12
Date: August 7, 2014
Docket Number: a4418-12
ARTHUR MATTHEWS BOARD OF EDUCATION OF THE UNION COUNTY VOCATIONAL TECHNICAL SCHOOL
Date: August 6, 2014
Docket Number: a1181-12
Date: August 6, 2014
Docket Number: a1181-12
CYNTHIA MILLER v. BOARD OF TRUSTEES PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Date: August 6, 2014
Docket Number: a1518-12
Date: August 6, 2014
Docket Number: a1518-12
COMMONWEALTH LAND TITLE INSURANCE COMPANY v. DAVID D. HAY
Date: August 5, 2014
Docket Number: a4334-12
Date: August 5, 2014
Docket Number: a4334-12
DEPARTMENT OF CHILDREN AND FAMILIES, DIVISION OF YOUTH AND FAMILY SERVICES v. S.G.
Date: August 5, 2014
Docket Number: a4466-10
Date: August 5, 2014
Docket Number: a4466-10
In the Matter of the General Assignment For the Benefit of Creditors of ARCADIA GROUP, INC
Date: August 5, 2014
Docket Number: a6338-11
Date: August 5, 2014
Docket Number: a6338-11
CONGREGATION BETH CHAIM v. BOARD OF REVIEW DEPARTMENT OF LABOR
Date: August 4, 2014
Docket Number: a4448-12
Date: August 4, 2014
Docket Number: a4448-12
STATE OF NEW JERSEY v. LEMONT LOVE
Date: July 31, 2014
Docket Number: a1321-11 PER CURIAM In these back-to-back appeals consolidated for purposes of this opinion, co-defendants Lemont Love and Randy Williams appeal their convictions, after jury trial, for second-degree robbery, N.J.S.A. 2C:15-1 (count one), second-degree burglary, N.J.S.A. 2C:18-2 (count two), and third-degree aggravated assault, N.J.S.A. 2C:12-1b(7) (count three), arising from the robbery and attack upon the victim Darin Sloat. The court granted the State's motion to sentence defendant Love as a persistent offender on count one, pursuant to N.J.S.A. 2C:44-3a, and imposed a twelve-year custodial term, subject to an 85% period of parole ineligibility under the No Early Release Act (NERA), a concurrent ten-year sentence subject to NERA on count two, and a concurrent five-year sentence with a two-and-one-half-year period of parole ineligibility on count three. For defendant Williams, the court imposed a seven-year period of imprisonment on count one, subject to NERA, a seven-year concurrent custodial sentence on count two, subject to NERA, and a concurrent four-year period of incarceration on count three. Appropriate fees and penalties were also imposed for both defendants. For the following reasons, we affirm both judgments of conviction and the sentences imposed, except that as to defendant Williams, we vacate his sentence in part and remand for correction of the judgment of conviction to reflect merger of the third-degree aggravated assault conviction with the second-degree robbery conviction. I.
Date: July 31, 2014
Docket Number: a1321-11 PER CURIAM In these back-to-back appeals consolidated for purposes of this opinion, co-defendants Lemont Love and Randy Williams appeal their convictions, after jury trial, for second-degree robbery, N.J.S.A. 2C:15-1 (count one), second-degree burglary, N.J.S.A. 2C:18-2 (count two), and third-degree aggravated assault, N.J.S.A. 2C:12-1b(7) (count three), arising from the robbery and attack upon the victim Darin Sloat. The court granted the State's motion to sentence defendant Love as a persistent offender on count one, pursuant to N.J.S.A. 2C:44-3a, and imposed a twelve-year custodial term, subject to an 85% period of parole ineligibility under the No Early Release Act (NERA), a concurrent ten-year sentence subject to NERA on count two, and a concurrent five-year sentence with a two-and-one-half-year period of parole ineligibility on count three. For defendant Williams, the court imposed a seven-year period of imprisonment on count one, subject to NERA, a seven-year concurrent custodial sentence on count two, subject to NERA, and a concurrent four-year period of incarceration on count three. Appropriate fees and penalties were also imposed for both defendants. For the following reasons, we affirm both judgments of conviction and the sentences imposed, except that as to defendant Williams, we vacate his sentence in part and remand for correction of the judgment of conviction to reflect merger of the third-degree aggravated assault conviction with the second-degree robbery conviction. I.
OLIVER T. RIGNEY, JR v. BOARD OF REVIEW PLANNED LIFESTYLE SERVICES INC.
Date: July 31, 2014
Docket Number: a1528-12
Date: July 31, 2014
Docket Number: a1528-12
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. L.C.
Date: July 31, 2014
Docket Number: a2094-12
Date: July 31, 2014
Docket Number: a2094-12
VICTOR C. OTTILIO v. DAVID J. GORBERG & ASSOCIATES, P.C.
Date: July 31, 2014
Docket Number: a3724-12
Date: July 31, 2014
Docket Number: a3724-12
IVF INVESTMENT COMPANY LLC v. ESTATE OF JERYL G NATOFSKY, M.D.
Date: July 31, 2014
Docket Number: a4172-12
Date: July 31, 2014
Docket Number: a4172-12
JUSTIN LOUIS RODRIGUEZ v. LIVINGSTON TOWNSHIP BOARD OF EDUCATION
Date: July 30, 2014
Docket Number: a4036-12
Date: July 30, 2014
Docket Number: a4036-12
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. D.D.
Date: July 25, 2014
Docket Number: a1998-12
Date: July 25, 2014
Docket Number: a1998-12
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. N.O.
Date: July 24, 2014
Docket Number: a1432-12
Date: July 24, 2014
Docket Number: a1432-12
PHILLIP A. DIXON v. NEW JERSEY DEPARTMENT OF CORRECTIONS
Date: July 24, 2014
Docket Number: a2765-10
Date: July 24, 2014
Docket Number: a2765-10
ROBERT INGRAM v. BOARD OF TRUSTEES POLICE AND FIREMEN'S RETIREMENT SYSTEM
Date: July 17, 2014
Docket Number: a1463-12
Date: July 17, 2014
Docket Number: a1463-12
0VERRAZANO CONSULTING SOLUTIONS, LLC v. JSMN INTERNATIONAL INC
Date: July 17, 2014
Docket Number: a1597-12
Date: July 17, 2014
Docket Number: a1597-12
CITY OF JERSEY CITY v. JERSEY CITY POLICE SUPERIOR OFFICERS ASSOCIATION
Date: July 17, 2014
Docket Number: a1765-12
Date: July 17, 2014
Docket Number: a1765-12
INDEPENDENCE PLAZA 1 ASSOCIATES L.L.C. v. PHILLIP LOUIS TRADING INC
Date: July 17, 2014
Docket Number: a3149-12
Date: July 17, 2014
Docket Number: a3149-12
SARATOGA AT TOMS RIVER CONDOMINIUM ASSOCIATION, INC v. MENK CORPORATION, INC
Date: July 17, 2014
Docket Number: a5421-11
Date: July 17, 2014
Docket Number: a5421-11
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