New Jersey Superior Court, Appellate Division - Unpublished Opinions Decisions 2014
Opinions 1001 - 1500 of 2391
TOWNSHIP OF HARDYSTON v. JOSEPH ISAACSON
Date: July 9, 2014
Docket Number: a4180-12 PER CURIAM These back-to-back matters involve disciplinary charges brought by the Township of Hardyston (Township), a non-civil service municipality, against a police officer, Joseph Isaacson.1 Following Isaacson's termination, he filed a request with the Public Employment Relations Commission (PERC) for special disciplinary arbitration and appointment of a special disciplinary arbitrator (arbitrator) pursuant to N.J.S.A. 40A:14-150, -209 and -210, and N.J.A.C. 19:12-6.1. The Township objected on jurisdictional grounds. PERC declined to determine the jurisdictional issue and appointed an arbitrator. The Township appeals from that decision and from the arbitrator's February 18, 2013 decision denying the Township's motion to dismiss for lack of jurisdiction. The Township also appeals from the April 17, 2013 Law Division order, which denied its motion to vacate the arbitrator's decision, affirmed the decision, and permitted Isaacson to file an application for attorney's fees.
Date: July 9, 2014
Docket Number: a4180-12 PER CURIAM These back-to-back matters involve disciplinary charges brought by the Township of Hardyston (Township), a non-civil service municipality, against a police officer, Joseph Isaacson.1 Following Isaacson's termination, he filed a request with the Public Employment Relations Commission (PERC) for special disciplinary arbitration and appointment of a special disciplinary arbitrator (arbitrator) pursuant to N.J.S.A. 40A:14-150, -209 and -210, and N.J.A.C. 19:12-6.1. The Township objected on jurisdictional grounds. PERC declined to determine the jurisdictional issue and appointed an arbitrator. The Township appeals from that decision and from the arbitrator's February 18, 2013 decision denying the Township's motion to dismiss for lack of jurisdiction. The Township also appeals from the April 17, 2013 Law Division order, which denied its motion to vacate the arbitrator's decision, affirmed the decision, and permitted Isaacson to file an application for attorney's fees.
ELITA KANE v. THE ZONING BOARD OF THE TOWNSHIP OF CEDAR GROVE
Date: July 9, 2014
Docket Number: a5235-12
Date: July 9, 2014
Docket Number: a5235-12
HOMESTEAD AT MANSFIELD HOMEOWNERS ASSOCIATION v. THE ESTATE OF LOIS MOUNT and PATRICIA A. MOUNT
Date: July 8, 2014
Docket Number: a0836-13
Date: July 8, 2014
Docket Number: a0836-13
JOHN G. HOLL v. BOARD OF TRUSTEES PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Date: July 8, 2014
Docket Number: a2956-12
Date: July 8, 2014
Docket Number: a2956-12
IN THE MATTER OF THOMAS WHITLEY, DEPARTMENT OF CORRECTIONS
Date: July 8, 2014
Docket Number: a4625-11
Date: July 8, 2014
Docket Number: a4625-11
STATE OF NEW JERSEY v. WALTER QUEZADA
Date: July 7, 2014
Docket Number: a1433-12 PER CURIAM Defendant Walter Quezada filed two separate petitions for post-conviction relief (PCR) relating to two separate convictions. He alleged his two different plea counsel were ineffective in advising him of the removal consequences of pleading guilty.1 He appeals the denial of both petitions, and claims he was entitled to an evidentiary hearing on the first petition. We address both appeals in this opinion, and affirm.
Date: July 7, 2014
Docket Number: a1433-12 PER CURIAM Defendant Walter Quezada filed two separate petitions for post-conviction relief (PCR) relating to two separate convictions. He alleged his two different plea counsel were ineffective in advising him of the removal consequences of pleading guilty.1 He appeals the denial of both petitions, and claims he was entitled to an evidentiary hearing on the first petition. We address both appeals in this opinion, and affirm.
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. B.B.S.
Date: July 7, 2014
Docket Number: a3837-12
Date: July 7, 2014
Docket Number: a3837-12
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. B.B.S.
Date: July 7, 2014
Docket Number: a3838-12 PER CURIAM Defendants P.W.F. and B.B.S., who for the sake of anonymity will be referred to as Patricia and Robert, appeal a March 26, 2013 order terminating their parental rights to their daughter, L.A.S., whom we shall refer to as Lauren. After a two-day trial, Judge Linda G. Baxter rendered a thorough, comprehensive, and cogent decision from the bench, finding that plaintiff New Jersey Division of Child Protection and Permanency (the Division) satisfied the four prongs of the best interest test, N.J.S.A. 30:40C-15.1(a). We affirm. The facts are extensively detailed in Judge Baxter's opinion and need not be repeated here. We briefly summarize the relevant circumstances drawn from the record. Lauren was born in February 2009. Patricia had eleven other children; Robert was the father of Lauren and one other child. All were placed with other family members. In fact, one of Lauren's half-siblings was adopted, after termination of parental rights, by the couple who now wishes to adopt Lauren.
Date: July 7, 2014
Docket Number: a3838-12 PER CURIAM Defendants P.W.F. and B.B.S., who for the sake of anonymity will be referred to as Patricia and Robert, appeal a March 26, 2013 order terminating their parental rights to their daughter, L.A.S., whom we shall refer to as Lauren. After a two-day trial, Judge Linda G. Baxter rendered a thorough, comprehensive, and cogent decision from the bench, finding that plaintiff New Jersey Division of Child Protection and Permanency (the Division) satisfied the four prongs of the best interest test, N.J.S.A. 30:40C-15.1(a). We affirm. The facts are extensively detailed in Judge Baxter's opinion and need not be repeated here. We briefly summarize the relevant circumstances drawn from the record. Lauren was born in February 2009. Patricia had eleven other children; Robert was the father of Lauren and one other child. All were placed with other family members. In fact, one of Lauren's half-siblings was adopted, after termination of parental rights, by the couple who now wishes to adopt Lauren.
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.W.
Date: July 7, 2014
Docket Number: a4056-12
Date: July 7, 2014
Docket Number: a4056-12
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.W.
Date: July 7, 2014
Docket Number: a4067-12 PER CURIAM Defendants M.W. (Mary) 1 and W.W. (Warren) appeal from the Family Part's guardianship judgment, entered after a trial, that terminated their parental rights to their children, D.M.W. (Debbie), born in 2008; W.C.W. (Walter), born in 2010; and A.M.W. (Andy), born in 2012.2 The two older children suffer from developmental delays, including delayed speech, and the youngest child was born with a significant physical problem that can impact his ability to see and cause intellectual disabilities, among other maladies.
Date: July 7, 2014
Docket Number: a4067-12 PER CURIAM Defendants M.W. (Mary) 1 and W.W. (Warren) appeal from the Family Part's guardianship judgment, entered after a trial, that terminated their parental rights to their children, D.M.W. (Debbie), born in 2008; W.C.W. (Walter), born in 2010; and A.M.W. (Andy), born in 2012.2 The two older children suffer from developmental delays, including delayed speech, and the youngest child was born with a significant physical problem that can impact his ability to see and cause intellectual disabilities, among other maladies.
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. F.R.
Date: July 7, 2014
Docket Number: a6057-11
Date: July 7, 2014
Docket Number: a6057-11
BAYSHORE REGIONAL SEWERAGE AUTHORITY v. THE BOROUGH OF UNION BEACH
Date: July 3, 2014
Docket Number: a2086-12
Date: July 3, 2014
Docket Number: a2086-12
THE ESTATE OF MICHAEL BERNHARDSON v. BOARD OF REVIEW DEPARTMENT OF LABOR
Date: July 3, 2014
Docket Number: a3165-12
Date: July 3, 2014
Docket Number: a3165-12
NEW YORK SMSA, LIMITED PARTNERSHIP v. BOROUGH OF MIDLAND PARK ZONING BOARD OF ADJUSTMENT
Date: July 3, 2014
Docket Number: a5950-12
Date: July 3, 2014
Docket Number: a5950-12
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.W.
Date: July 2, 2014
Docket Number: a4729-11
Date: July 2, 2014
Docket Number: a4729-11
DIVISION OF ALCOHOLIC BEVERAGE CONTROL v. DAVEJOE, L.L.C.
Date: June 27, 2014
Docket Number: a0172-13
Date: June 27, 2014
Docket Number: a0172-13
PEDRO MORAN-ALVARADO v. NEVADA COURT REALTY LLC
Date: June 27, 2014
Docket Number: a3443-12 PER CURIAM In these matters, which we consolidate for purposes of this opinion only, defendant/third-party plaintiff Nevada Court Realty, LLC (Nevada Court) owned and operated a strip mall in Newark and leased a portion of the premises to third-party defendant EZ Donuts, Inc. (EZ Donuts). Plaintiff Pedro Moran-Alvarado (plaintiff) filed a complaint against Nevada Court and EZ Donuts for injuries he allegedly sustained from a fall on snow and/or ice at the strip mall. Nevada Court filed a third-party claim against EZ Donuts for contractual indemnification and a third-party claim for insurance coverage against EZ Donuts' insurance carrier, third-party defendant Travelers Insurance Company (Travelers). Nevada Court appeals from the April 13, 2012 Law Division order, which granted summary judgment to EZ Donuts and dismissed the contractual indemnification claim with prejudice. Travelers appeals from the January 25, 2013 order, which granted summary judgment to Nevada Court and required Travelers to provide insurance coverage to Nevada Court. We reverse both orders and remand for further proceedings.
Date: June 27, 2014
Docket Number: a3443-12 PER CURIAM In these matters, which we consolidate for purposes of this opinion only, defendant/third-party plaintiff Nevada Court Realty, LLC (Nevada Court) owned and operated a strip mall in Newark and leased a portion of the premises to third-party defendant EZ Donuts, Inc. (EZ Donuts). Plaintiff Pedro Moran-Alvarado (plaintiff) filed a complaint against Nevada Court and EZ Donuts for injuries he allegedly sustained from a fall on snow and/or ice at the strip mall. Nevada Court filed a third-party claim against EZ Donuts for contractual indemnification and a third-party claim for insurance coverage against EZ Donuts' insurance carrier, third-party defendant Travelers Insurance Company (Travelers). Nevada Court appeals from the April 13, 2012 Law Division order, which granted summary judgment to EZ Donuts and dismissed the contractual indemnification claim with prejudice. Travelers appeals from the January 25, 2013 order, which granted summary judgment to Nevada Court and required Travelers to provide insurance coverage to Nevada Court. We reverse both orders and remand for further proceedings.
LANCE AUSTENBERG v. LAND USE BOARD OF THE TOWNSHIP OF BEDMINSTER
Date: June 25, 2014
Docket Number: a1239-12
Date: June 25, 2014
Docket Number: a1239-12
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC v. SUZANNE K. ESCHENBACH
Date: June 25, 2014
Docket Number: a1896-11
Date: June 25, 2014
Docket Number: a1896-11
LANCE AUSTENBERG v. LAND USE BOARD OF THE TOWNSHIP OF BEDMINSTER
Date: June 25, 2014
Docket Number: a3951-11
Date: June 25, 2014
Docket Number: a3951-11
PROTECT WENONAH: DO THE RIGHT THING v. COMBINED PLANNING/ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF WENONAH
Date: June 25, 2014
Docket Number: a5375-12
Date: June 25, 2014
Docket Number: a5375-12
ANTHONY O. PATANELLA v. BOARD OF REVIEW DEPARTMENT OF LABOR
Date: June 23, 2014
Docket Number: a3522-12
Date: June 23, 2014
Docket Number: a3522-12
FH LINE ROAD, LLC v. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF ABERDEEN
Date: June 23, 2014
Docket Number: a5230-12
Date: June 23, 2014
Docket Number: a5230-12
NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. I.E.
Date: June 20, 2014
Docket Number: a2436-12
Date: June 20, 2014
Docket Number: a2436-12
NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. T.T.
Date: June 20, 2014
Docket Number: a2763-12
Date: June 20, 2014
Docket Number: a2763-12
NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. K.R.
Date: June 20, 2014
Docket Number: a4906-12
Date: June 20, 2014
Docket Number: a4906-12
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. C.B.
Date: June 20, 2014
Docket Number: a5638-11
Date: June 20, 2014
Docket Number: a5638-11
IN RE FLOOD HAZARD AREA VERIFICATION APPROVAL
Date: June 20, 2014
Docket Number: a6364-11 PER CURIAM These two related appeals1 involve a local citizens group's challenges to approvals issued by the Department of Environmental Protection ("the Department" or "the DEP") for a proposed residential development in Hamilton Township, Mercer County. In A-6364-11 ("the wetlands appeal"), appellant contests the DEP's issuance of a General Permit No. 6 ("GP6") and a corresponding Transition Area Waiver Averaging Plan ("TAW"), for the property under the Freshwater Wetlands Protection Act ("FWPA"), N.J.S.A. 13:9B-1 to -30, and its implementing regulations. In A-5541-11 ("the flood hazard appeal"), appellant seeks to reverse a Flood Hazard Area Verification Approval ("FHVA") issued pursuant to the Flood Hazard Area Control Act ("FHACA"), N.J.S.A. 58:16A-50 to -101, and that statute's own implementing regulations, and also to overturn the DEP's issuance of a Letter of Interpretation ("LOI") as to the wetlands. Without these various DEP approvals, construction of the development cannot proceed.
Date: June 20, 2014
Docket Number: a6364-11 PER CURIAM These two related appeals1 involve a local citizens group's challenges to approvals issued by the Department of Environmental Protection ("the Department" or "the DEP") for a proposed residential development in Hamilton Township, Mercer County. In A-6364-11 ("the wetlands appeal"), appellant contests the DEP's issuance of a General Permit No. 6 ("GP6") and a corresponding Transition Area Waiver Averaging Plan ("TAW"), for the property under the Freshwater Wetlands Protection Act ("FWPA"), N.J.S.A. 13:9B-1 to -30, and its implementing regulations. In A-5541-11 ("the flood hazard appeal"), appellant seeks to reverse a Flood Hazard Area Verification Approval ("FHVA") issued pursuant to the Flood Hazard Area Control Act ("FHACA"), N.J.S.A. 58:16A-50 to -101, and that statute's own implementing regulations, and also to overturn the DEP's issuance of a Letter of Interpretation ("LOI") as to the wetlands. Without these various DEP approvals, construction of the development cannot proceed.
IRVINGTON POLICE BENEVOLENCE ASSOCIATION v. TOWNSHIP OF IRVINGTON
Date: June 19, 2014
Docket Number: a3991-12
Date: June 19, 2014
Docket Number: a3991-12
T3CENTRAL REGIONAL SCHOOL DISTRICT BOARD OF EDUCATION v. BOROUGH OF SEASIDE PARK
Date: June 19, 2014
Docket Number: a5729-11
Date: June 19, 2014
Docket Number: a5729-11
MILDRED A. WEBSTER v. BOARD OF REVIEW DEPARTMENT OF LABOR
Date: June 18, 2014
Docket Number: a2716-12
Date: June 18, 2014
Docket Number: a2716-12
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.B.
Date: June 18, 2014
Docket Number: a2761-12
Date: June 18, 2014
Docket Number: a2761-12
IN THE MATTER OF THE TENURE HEARING OF AMANDA EISENHOUR SCHOOL DISTRICT OF THE TOWNSHIP OF HOWELL, MOMMOUTH COUNTY
Date: June 18, 2014
Docket Number: a3403-12
Date: June 18, 2014
Docket Number: a3403-12
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. E.R.
Date: June 18, 2014
Docket Number: a5616-12
Date: June 18, 2014
Docket Number: a5616-12
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. K.D.
Date: June 17, 2014
Docket Number: a1042-12
Date: June 17, 2014
Docket Number: a1042-12
GAIL W. CONNORS v. BOARD OF TRUSTEES PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Date: June 17, 2014
Docket Number: a3036-12
Date: June 17, 2014
Docket Number: a3036-12
BRUCE W. VAN SAUN v. JEFFERSON INSURANCE COMPANY WORLD ACCESS SERVICE CORP
Date: June 17, 2014
Docket Number: a3314-12
Date: June 17, 2014
Docket Number: a3314-12
CITY OF UNION CITY v. CITY OF UNION CITY PBA LOCALS 8 and 8A
Date: June 17, 2014
Docket Number: a4186-12
Date: June 17, 2014
Docket Number: a4186-12
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.U.
Date: June 16, 2014
Docket Number: a0074-13
Date: June 16, 2014
Docket Number: a0074-13
NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. R.D.
Date: June 16, 2014
Docket Number: a1569-12
Date: June 16, 2014
Docket Number: a1569-12
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.B.
Date: June 16, 2014
Docket Number: a2756-12
Date: June 16, 2014
Docket Number: a2756-12
GLORINA WILLIAMS v. PANASONIC CORPORATION OF NORTH AMERICA
Date: June 16, 2014
Docket Number: a2908-13
Date: June 16, 2014
Docket Number: a2908-13
AL-TAHEED FRANKLIN v. NEW JERSEY DEPARTMENT OF CORRECTIONS
Date: June 16, 2014
Docket Number: a4165-12
Date: June 16, 2014
Docket Number: a4165-12
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. R.F.N., Sr.
Date: June 13, 2014
Docket Number: a5318-12
Date: June 13, 2014
Docket Number: a5318-12
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.M.C.
Date: June 13, 2014
Docket Number: a5319-12
Date: June 13, 2014
Docket Number: a5319-12
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.M.C.
Date: June 13, 2014
Docket Number: a5320-12 PER CURIAM Defendant M.M.C. is the mother of H.C., born May 2007, and J.C., born April 2009. Defendant R.P. is the father of J.C. The identity of H.C.'s biological father is unknown. Defendants, who are not married and do not reside together, appeal from the Family Part's June 19, 2013 order terminating their respective parental rights to the children.
Date: June 13, 2014
Docket Number: a5320-12 PER CURIAM Defendant M.M.C. is the mother of H.C., born May 2007, and J.C., born April 2009. Defendant R.P. is the father of J.C. The identity of H.C.'s biological father is unknown. Defendants, who are not married and do not reside together, appeal from the Family Part's June 19, 2013 order terminating their respective parental rights to the children.
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. R.F.N., Sr.
Date: June 13, 2014
Docket Number: a5321-12 PER CURIAM This opinion addresses the parents' separate appeals from a judgment of guardianship, which we consolidate. Because the judgment is supported by adequate credible evidence on the record as a whole and consistent with the statutory standards controlling a judge's decision to terminate parental rights in the best interests of their child, N.J.S.A. 30:4C-15.1a, we affirm.
Date: June 13, 2014
Docket Number: a5321-12 PER CURIAM This opinion addresses the parents' separate appeals from a judgment of guardianship, which we consolidate. Because the judgment is supported by adequate credible evidence on the record as a whole and consistent with the statutory standards controlling a judge's decision to terminate parental rights in the best interests of their child, N.J.S.A. 30:4C-15.1a, we affirm.
BERMAN, SAUTER, RECORD amp; JACOBS P.C. v. DONALD CIOFFI
Date: June 10, 2014
Docket Number: a2132-13
Date: June 10, 2014
Docket Number: a2132-13
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. P.O.
Date: June 10, 2014
Docket Number: a4646-12
Date: June 10, 2014
Docket Number: a4646-12
DWIGHT ASSOCIATES v. FAIRFIELD TOWNSHIP
Date: June 10, 2014
Docket Number: a5067-12 PER CURIAM Plaintiff 5 Dwight Associates appeals from the judgment of the Tax Court in these three consolidated cases which determined the value of plaintiff's commercial property for property tax purposes for the years of 2009, 2010, and 2011. We affirm. Although the parties agreed that the income approach was the appropriate method for determining the value of the property, the parties disagreed as to which properties should be used as comparables to estimate the value of the subject property and as to which adjustments should be made to the comparables to make the rent of the comparables commensurate with the rent of the subject property. The major differences within the party's rental figures were based on two main issues: plaintiff's use of the subject property's post-assessment lease offering as a comparable and plaintiff's use of a fifteen percent negative adjustment to account for the subject property's alleged inadequately-sized loading dock for fifty-three-foot tractor trailers.
Date: June 10, 2014
Docket Number: a5067-12 PER CURIAM Plaintiff 5 Dwight Associates appeals from the judgment of the Tax Court in these three consolidated cases which determined the value of plaintiff's commercial property for property tax purposes for the years of 2009, 2010, and 2011. We affirm. Although the parties agreed that the income approach was the appropriate method for determining the value of the property, the parties disagreed as to which properties should be used as comparables to estimate the value of the subject property and as to which adjustments should be made to the comparables to make the rent of the comparables commensurate with the rent of the subject property. The major differences within the party's rental figures were based on two main issues: plaintiff's use of the subject property's post-assessment lease offering as a comparable and plaintiff's use of a fifteen percent negative adjustment to account for the subject property's alleged inadequately-sized loading dock for fifty-three-foot tractor trailers.
K. HOVNANIAN AT CEDAR GROVE IV, LLC v. THE TOWNSHIP OF CEDAR GROVE
Date: June 9, 2014
Docket Number: a0425-12
Date: June 9, 2014
Docket Number: a0425-12
PATRICIA SANTANGELO v. STATE OF NEW JERSEY TEACHERS PENSION AND ANNUITY FUND
Date: June 9, 2014
Docket Number: a2184-12
Date: June 9, 2014
Docket Number: a2184-12
SHERIFF'S OFFICER CHARLES RUDOLPH v. COUNTY OF GLOUCESTER BOARD OF CHOSEN FREEHOLDERS
Date: June 9, 2014
Docket Number: a3378-12
Date: June 9, 2014
Docket Number: a3378-12
CAMDEN COUNTY ASSISTANT PROSECUTORS ASSOCIATION v. CAMDEN COUNTY PROSECUTOR
Date: June 9, 2014
Docket Number: a3903-12
Date: June 9, 2014
Docket Number: a3903-12
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. E.R.
Date: June 9, 2014
Docket Number: a5326-12
Date: June 9, 2014
Docket Number: a5326-12
K. HOVNANIAN SHORE ACQUISITIONS, L.L.C. v. MARLBORO TOWNSHIP PLANNING BOARD
Date: June 9, 2014
Docket Number: a5678-11
Date: June 9, 2014
Docket Number: a5678-11
KATHLEEN WARRICK v. PARSIPPANY-TROY HILLS BOARD OF EDUCATION
Date: June 9, 2014
Docket Number: a6035-11
Date: June 9, 2014
Docket Number: a6035-11
IN THE MATTER OF THE ADOPTION OF A CHILD BY WILLIAM H. ALSTON AND MERRY BEATRICE STOKES
Date: June 6, 2014
Docket Number: a0531-13
Date: June 6, 2014
Docket Number: a0531-13
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.D.
Date: June 6, 2014
Docket Number: a1710-12
Date: June 6, 2014
Docket Number: a1710-12
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.E.P., III
Date: June 5, 2014
Docket Number: a0701-13
Date: June 5, 2014
Docket Number: a0701-13
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.J.
Date: June 5, 2014
Docket Number: a1571-12
Date: June 5, 2014
Docket Number: a1571-12
NEW JERSEY DENTAL ASSOCIATION v. HORIZON BLUE CROSS BLUE SHIELD OF NEW JERSEY
Date: June 5, 2014
Docket Number: a1834-12
Date: June 5, 2014
Docket Number: a1834-12
WILKIE D. BOWEN v. NEW JERSEY PROPERTY LIABILITY INSURANCE GUARANTEE ASSOCIATION
Date: June 5, 2014
Docket Number: a2517-12
Date: June 5, 2014
Docket Number: a2517-12
WILLIAM B. SHEPHERD v. NEW JERSEY DEPARTMENT OF CORRECTIONS
Date: June 5, 2014
Docket Number: a3502-12
Date: June 5, 2014
Docket Number: a3502-12
A-0 OF CHILD PROTECTION AND PERMANANCY v. O.B and A.L.M IN THE MATTER OF THE GUARDIANSHIP OF Z.M. and A.M Minors June 13, 2014
Date: June 4, 2014
Docket Number: a0782-13
Date: June 4, 2014
Docket Number: a0782-13
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. E.R.
Date: June 4, 2014
Docket Number: a0817-13
Date: June 4, 2014
Docket Number: a0817-13
A-0IN THE MATTER OF THE CIVIL COMMITMENT OF R.T June 13, 2014
Date: June 3, 2014
Docket Number: a1844-12
Date: June 3, 2014
Docket Number: a1844-12
MICHAEL PERLMUTTER v. TOWNSHIP OF TOMS RIVER PLANNING BOARD
Date: June 3, 2014
Docket Number: a2814-11
Date: June 3, 2014
Docket Number: a2814-11
MICHAEL PERLMUTTER v. TOWNSHIP OF TOMS RIVER PLANNING BOARD
Date: June 3, 2014
Docket Number: a2958-12
Date: June 3, 2014
Docket Number: a2958-12
PINELANDS PRESERVATION ALLIANCE v. STATE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION
Date: June 3, 2014
Docket Number: a4883-11 PARRILLO, P.J.A.D. In these back-to-back appeals, which we have consolidated for purpose of this opinion, a coalition of environmental interest groups1 and local interested parties2 challenge a permit granted by the New Jersey Department of Environmental Protection (DEP) to respondent, Jaylin Holdings, LLC (Jaylin), under the Coastal Area Facility Review Act (CAFRA), N.J.S.A. 13:19-1 to
Date: June 3, 2014
Docket Number: a4883-11 PARRILLO, P.J.A.D. In these back-to-back appeals, which we have consolidated for purpose of this opinion, a coalition of environmental interest groups1 and local interested parties2 challenge a permit granted by the New Jersey Department of Environmental Protection (DEP) to respondent, Jaylin Holdings, LLC (Jaylin), under the Coastal Area Facility Review Act (CAFRA), N.J.S.A. 13:19-1 to
KATHLEEN A. DONOVAN v. BERGEN COUNTY BOARD OF CHOSEN FREEHOLDERS
Date: May 30, 2014
Docket Number: a1115-12
Date: May 30, 2014
Docket Number: a1115-12
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. T.W.
Date: May 29, 2014
Docket Number: a2939-12
Date: May 29, 2014
Docket Number: a2939-12
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. H.L.
Date: May 28, 2014
Docket Number: a1046-12
Date: May 28, 2014
Docket Number: a1046-12
NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. V.C.
Date: May 28, 2014
Docket Number: a6179-10 PER CURIAM In this Title 9 matter, defendant V.C., the biological father of five children, and defendant G.C. the biological mother, appeal from the March 3, 2011 permanency order, which approved the plan of plaintiff New Jersey Division of Youth and Family Services (Division) to terminate their parental rights to the children.2 On appeal, V.C. contends his conduct did not rise to the level of gross negligence or recklessness required for a finding of abuse or neglect, and the trial judge abused his discretion by pre-judging the case against him.
Date: May 28, 2014
Docket Number: a6179-10 PER CURIAM In this Title 9 matter, defendant V.C., the biological father of five children, and defendant G.C. the biological mother, appeal from the March 3, 2011 permanency order, which approved the plan of plaintiff New Jersey Division of Youth and Family Services (Division) to terminate their parental rights to the children.2 On appeal, V.C. contends his conduct did not rise to the level of gross negligence or recklessness required for a finding of abuse or neglect, and the trial judge abused his discretion by pre-judging the case against him.
A-0LEAF INDUSTRIES v. ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF SAYREVILLE IN THE COUNTY OF MIDDLESEX June 13, 2014
Date: May 27, 2014
Docket Number: a0881-12
Date: May 27, 2014
Docket Number: a0881-12
DOUGLAS E. LONERGAN v. BOARD OF REVIEW DEPARTMENT OF LABOR
Date: May 27, 2014
Docket Number: a0955-12
Date: May 27, 2014
Docket Number: a0955-12
. A-00958-13T2 OF CHILD PROTECTION AND PERMANENCY v. L.M.T. and A.S.B and E.V.B IN THE MATTER OF THE GUARDIANSHIP OF E.B., S.B. and I.B Minors
Date: May 27, 2014
Docket Number: a0958-13
Date: May 27, 2014
Docket Number: a0958-13
. A-00958-13T2 OF CHILD PROTECTION AND PERMANENCY v. L.M.T. and A.S.B and E.V.B IN THE MATTER OF THE GUARDIANSHIP OF E.B., S.B. and I.B Minors
Date: May 27, 2014
Docket Number: a1522-13xx
Date: May 27, 2014
Docket Number: a1522-13xx
KELLY A. SPINA v. BOARD OF REVIEW DEPARTMENT OF LABOR
Date: May 23, 2014
Docket Number: a1756-12 PER CURIAM In these consolidated matters, plaintiff Kelly A. Spina appeals from the June 20, 2012 final agency decision of defendant Board of Review (Board), which affirmed the decision of the Appeal Tribunal finding her disqualified for unemployment benefits pursuant to N.J.S.A. 43:21-5(b) for misconduct connected with the work. Plaintiff also appeals from the August 24, 2012 Law Division order, which granted summary judgment to defendants Developmental Disabilities Health Alliance, Inc., Developmental Disabilities Health Services, P.A., and Developmental Disabilities Health Management, Inc. (collectively defendant) and dismissed the amended complaint with prejudice.1 We affirm.
Date: May 23, 2014
Docket Number: a1756-12 PER CURIAM In these consolidated matters, plaintiff Kelly A. Spina appeals from the June 20, 2012 final agency decision of defendant Board of Review (Board), which affirmed the decision of the Appeal Tribunal finding her disqualified for unemployment benefits pursuant to N.J.S.A. 43:21-5(b) for misconduct connected with the work. Plaintiff also appeals from the August 24, 2012 Law Division order, which granted summary judgment to defendants Developmental Disabilities Health Alliance, Inc., Developmental Disabilities Health Services, P.A., and Developmental Disabilities Health Management, Inc. (collectively defendant) and dismissed the amended complaint with prejudice.1 We affirm.
FIBERMARK NORTH AMERICA, INC v. STATE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION
Date: May 23, 2014
Docket Number: a5075-11
Date: May 23, 2014
Docket Number: a5075-11
CLAUDIA J. WATERMAN v. BOARD OF REVIEW DEPARTMENT OF LABOR
Date: May 22, 2014
Docket Number: a0445-12
Date: May 22, 2014
Docket Number: a0445-12
GOLD MEDAL BAKERY INC v. SUPER BREAD II CORP SUPER CAKES CORP.
Date: May 22, 2014
Docket Number: a0907-13
Date: May 22, 2014
Docket Number: a0907-13
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. R.B.
Date: May 22, 2014
Docket Number: a1265-13
Date: May 22, 2014
Docket Number: a1265-13
HUDSON MANOR HEALTHCARE CENTER v. NEW JERSEY DEPARTMENT OF HUMAN SERVICES DIVISION OF AGING SERVICES
Date: May 21, 2014
Docket Number: a1251-12
Date: May 21, 2014
Docket Number: a1251-12
A-0STATE OF NEW JERSEY v. JULIO C. BAEZ February 22, 2013 June 12, 2014 Re
Date: May 21, 2014
Docket Number: a1709-11
Date: May 21, 2014
Docket Number: a1709-11
GLOUCESTER SENIOR HOUSING CAMPUS, L.P. v. CODE ELECTRICAL CONTRACTORS INC.
Date: May 21, 2014
Docket Number: a3341-12
Date: May 21, 2014
Docket Number: a3341-12
ARTHUR G. MONTO, JR v. BOARD OF TRUSTEES POLICE AND FIREMEN'S RETIREMENT SYSTEM
Date: May 21, 2014
Docket Number: a3854-11
Date: May 21, 2014
Docket Number: a3854-11
IN THE MATTER OF THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION'S 2/28/11 DECISION REGARDING FRESHWATER WETLANDS STATEWIDE GENERAL PERMIT #23 LEE BROTHERS, INC
Date: May 21, 2014
Docket Number: a3940-10
Date: May 21, 2014
Docket Number: a3940-10
TEMPLO FUENTE DE VIDA CORP v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH P.A.
Date: May 21, 2014
Docket Number: a4516-12
Date: May 21, 2014
Docket Number: a4516-12
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.A.
Date: May 21, 2014
Docket Number: a4779-12
Date: May 21, 2014
Docket Number: a4779-12
STATE OF NEW JERSEY v. MALIK SHAKUR
Date: May 21, 2014
Docket Number: a5377-11 PER CURIAM In these back-to-back appeals, consolidated for the purposes of this opinion, defendants Malik Shakur, James Waldren and Benjamin Fulton challenge their convictions and sentences following a joint jury trial on charges involving a robbery of a pharmacy on July 22, 2009, in West Orange. Before trial, co-defendant Orlando Arnold pled guilty. We affirm in all respects.
Date: May 21, 2014
Docket Number: a5377-11 PER CURIAM In these back-to-back appeals, consolidated for the purposes of this opinion, defendants Malik Shakur, James Waldren and Benjamin Fulton challenge their convictions and sentences following a joint jury trial on charges involving a robbery of a pharmacy on July 22, 2009, in West Orange. Before trial, co-defendant Orlando Arnold pled guilty. We affirm in all respects.
A-0STATE OF NEW JERSEY IN THE INTEREST OF A.P., a minor June 12, 2014
Date: May 19, 2014
Docket Number: a0818-12
Date: May 19, 2014
Docket Number: a0818-12
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. D.H.
Date: May 19, 2014
Docket Number: a3840-12
Date: May 19, 2014
Docket Number: a3840-12
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.D.E.
Date: May 19, 2014
Docket Number: a5331-12
Date: May 19, 2014
Docket Number: a5331-12
GIANA M. WILSON v. BOARD OF REVIEW DEPARTMENT OF LABOR AND WORKFORCE AND DEVELOPMENT
Date: May 16, 2014
Docket Number: a2123-12 PER CURIAM In these consolidated appeals, appellant Giana M. Wilson challenges the July 13 and December 11, 2012 final decisions of the Board of Review affirming the determinations of the Appeal Tribunal disqualifying her from the receipt of unemployment compensation benefits because she left work "voluntarily without good cause attributable to such work," N.J.S.A. 43:21-5(a), and required her to make repayment of the benefits paid for which she was not entitled. N.J.S.A. 43:21-16(d). Our examination of the record, in light of our standard of review, satisfies us the Board's final decisions were properly premised upon facts in the record and consistent with relevant statutory provisions. Accordingly, we affirm. After the Deputy of the Division of Unemployment and Disability Insurance (Deputy) awarded Wilson unemployment benefits, her employer, Joyce Leslie, Inc., appealed the determination to the Appeal Tribunal. At the hearing conducted on March 21 and 22, 2012, the Appeals Examiner heard testimony from Wilson; and representatives of Joyce Leslie; Connie Laarendi, the district manager and Marilyn Rosa, the store manager.
Date: May 16, 2014
Docket Number: a2123-12 PER CURIAM In these consolidated appeals, appellant Giana M. Wilson challenges the July 13 and December 11, 2012 final decisions of the Board of Review affirming the determinations of the Appeal Tribunal disqualifying her from the receipt of unemployment compensation benefits because she left work "voluntarily without good cause attributable to such work," N.J.S.A. 43:21-5(a), and required her to make repayment of the benefits paid for which she was not entitled. N.J.S.A. 43:21-16(d). Our examination of the record, in light of our standard of review, satisfies us the Board's final decisions were properly premised upon facts in the record and consistent with relevant statutory provisions. Accordingly, we affirm. After the Deputy of the Division of Unemployment and Disability Insurance (Deputy) awarded Wilson unemployment benefits, her employer, Joyce Leslie, Inc., appealed the determination to the Appeal Tribunal. At the hearing conducted on March 21 and 22, 2012, the Appeals Examiner heard testimony from Wilson; and representatives of Joyce Leslie; Connie Laarendi, the district manager and Marilyn Rosa, the store manager.
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. T.T.
Date: May 16, 2014
Docket Number: a4048-12
Date: May 16, 2014
Docket Number: a4048-12
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. T.T.
Date: May 16, 2014
Docket Number: a4051-12 PER CURIAM Defendants T.T. (Tammy) and J.L.H. (John) appeal a judgment terminating their parental rights to one child, J.L.H., Jr. (Junior), who was born on April 8, 2010.1 We find no merit in their appeals, which we have consolidated, and affirm.
Date: May 16, 2014
Docket Number: a4051-12 PER CURIAM Defendants T.T. (Tammy) and J.L.H. (John) appeal a judgment terminating their parental rights to one child, J.L.H., Jr. (Junior), who was born on April 8, 2010.1 We find no merit in their appeals, which we have consolidated, and affirm.
GIANA M. WILSON v. BOARD OF REVIEW DEPARTMENT OF LABOR AND WORKFORCE AND DEVELOPMENT
Date: May 16, 2014
Docket Number: a6006-11
Date: May 16, 2014
Docket Number: a6006-11
BERNARD N. HOPKINS v. BOARD OF REVIEW DEPARTMENT OF LABOR
Date: May 15, 2014
Docket Number: a0208-12
Date: May 15, 2014
Docket Number: a0208-12
HENRY CORIGLIANO, JR v. LINDA CORIGLIANO
Date: May 15, 2014
Docket Number: a2137-11 PER CURIAM We address in this opinion two appeals1 arising out of post-divorce litigation. In A-0077-11, plaintiff Henry Corigliano, Jr. appeals from an order denying his request for modification of alimony. In A-2137-11, defendant Linda Corigliano appeals from a subsequent order requiring her to contribute a share of the children's college expenses, and denying her request for counsel fees and mortgage-related fees. Plaintiff cross-appeals from that order, arguing defendant's share of college expenses was miscalculated. The Family Part decided these orders without holding an evidentiary hearing. In A-0077-11, we reverse and remand. In A-2137-11, we affirm as modified.
Date: May 15, 2014
Docket Number: a2137-11 PER CURIAM We address in this opinion two appeals1 arising out of post-divorce litigation. In A-0077-11, plaintiff Henry Corigliano, Jr. appeals from an order denying his request for modification of alimony. In A-2137-11, defendant Linda Corigliano appeals from a subsequent order requiring her to contribute a share of the children's college expenses, and denying her request for counsel fees and mortgage-related fees. Plaintiff cross-appeals from that order, arguing defendant's share of college expenses was miscalculated. The Family Part decided these orders without holding an evidentiary hearing. In A-0077-11, we reverse and remand. In A-2137-11, we affirm as modified.
STATE OF NEW JERSEY v. JOSHUA ROBINSON
Date: May 15, 2014
Docket Number: a3645-11 PER CURIAM Defendants Joshua Robinson and Marquis Baker appeal their convictions for second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2, 15-1, and third-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(c)(1).1 The jury acquitted defendants of first-degree robbery, N.J.S.A. 2C:15-1.2
Date: May 15, 2014
Docket Number: a3645-11 PER CURIAM Defendants Joshua Robinson and Marquis Baker appeal their convictions for second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2, 15-1, and third-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(c)(1).1 The jury acquitted defendants of first-degree robbery, N.J.S.A. 2C:15-1.2
21st CENTURY INSURANCE COMPANY v. NEW JERSEY PROPERTY-LIABILITY INSURANCE GUARANTY ASSOCIATION AS STATUTORY ADMINISTRATOR OF UNSATISFIED CLAIM AND JUDGMENT FUND
Date: May 14, 2014
Docket Number: a1773-12
Date: May 14, 2014
Docket Number: a1773-12
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.R.O.
Date: May 14, 2014
Docket Number: a2292-12
Date: May 14, 2014
Docket Number: a2292-12
DAVID KLEINSCHMIDT v. BOARD OF REVIEW DEPARTMENT OF LABOR
Date: May 14, 2014
Docket Number: a4375-11
Date: May 14, 2014
Docket Number: a4375-11
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. L.H.
Date: May 13, 2014
Docket Number: a0254-13
Date: May 13, 2014
Docket Number: a0254-13
A-0IN THE MATTER OF THE CIVIL COMMITMENT OF R.B SVP-165-01
Date: May 13, 2014
Docket Number: a0394-13
Date: May 13, 2014
Docket Number: a0394-13
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. P.H.
Date: May 13, 2014
Docket Number: a2397-12
Date: May 13, 2014
Docket Number: a2397-12
A-0IN THE MATTER OF THE CIVIL COMMITMENT OF L.K SVP-389-05.1
Date: May 13, 2014
Docket Number: a2529-13
Date: May 13, 2014
Docket Number: a2529-13
T1JDME ACQUISITIONS, LLC v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION
Date: May 13, 2014
Docket Number: a3054-11
Date: May 13, 2014
Docket Number: a3054-11
RED BULL ARENA, INC v. TOWN OF HARRISON
Date: May 12, 2014
Docket Number: a1616-12 PER CURIAM In these consolidated matters, plaintiff Red Bull Arena, Inc. (Red Bull) appeals from the grant of summary judgment to defendant Town of Harrison (Town), and from the dismissal of its complaints, which sought to vacate local property tax assessments on land owned by defendant The Harrison Redevelopment Agency (Agency) and on a stadium Red Bull constructed on the land. Red Bull contends that the land and stadium are exempt from local property taxes pursuant to the County Improvement Authorities Law (Authorities Law), N.J.S.A. 40:37A-44 to -135, and the Local Redevelopment and Housing Law (Redevelopment Law), N.J.S.A. 40A:12A-1 to -73. We affirm, but for reasons other than those expressed by the tax court judge. Aquilio v. Cont'l Ins. Co. of N.J., 310 N.J. Super. 558, 561 (App. Div. 1998). We derive the following facts from the record. In 1998, the Town adopted a plan to redevelop approximately 250 acres of abandoned industrial property located in the Town's waterfront area (the 1998 Plan). The Town determined that the property was underutilized "and could be developed more appropriately to better serve the health, safety and welfare of the community." To facilitate the 1998 Plan, the Town created the Agency and the County of Hudson created defendant The Hudson County Improvement Authority (Authority).
Date: May 12, 2014
Docket Number: a1616-12 PER CURIAM In these consolidated matters, plaintiff Red Bull Arena, Inc. (Red Bull) appeals from the grant of summary judgment to defendant Town of Harrison (Town), and from the dismissal of its complaints, which sought to vacate local property tax assessments on land owned by defendant The Harrison Redevelopment Agency (Agency) and on a stadium Red Bull constructed on the land. Red Bull contends that the land and stadium are exempt from local property taxes pursuant to the County Improvement Authorities Law (Authorities Law), N.J.S.A. 40:37A-44 to -135, and the Local Redevelopment and Housing Law (Redevelopment Law), N.J.S.A. 40A:12A-1 to -73. We affirm, but for reasons other than those expressed by the tax court judge. Aquilio v. Cont'l Ins. Co. of N.J., 310 N.J. Super. 558, 561 (App. Div. 1998). We derive the following facts from the record. In 1998, the Town adopted a plan to redevelop approximately 250 acres of abandoned industrial property located in the Town's waterfront area (the 1998 Plan). The Town determined that the property was underutilized "and could be developed more appropriately to better serve the health, safety and welfare of the community." To facilitate the 1998 Plan, the Town created the Agency and the County of Hudson created defendant The Hudson County Improvement Authority (Authority).
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