Docket No.: a-15-17
Decided: 2019-01-10
Caption: Amanda Kernahan v. Home Warranty Administrator of Florida, Inc.
Summary:
LaVECCHIA, J., writing for the Court. In this appeal, the Court addresses whether parties to a consumer contract intended to create an agreement to arbitrate through the insertion of language within an alternative dispute resolution provision. Plaintiff Amanda Kernahan purchased a “home service agreement” from defendants Home Warranty Administrator of Florida, Inc., and Choice Home Warranty (collectively, defendants). When she became dissatisfied, she filed a complaint in Superior Court seeking statutory and common law relief.
Docket No.: a-18-19-20-1
Decided: 2019-01-08
Caption: In the Matter of the Expungement of the Arrest/Charge Records of T.B.
Summary:
RABNER, C.J., writing for the Court. Drug court is designed to rid participants of drug dependency, help them develop skills and get job experience, and encourage them to continue their education. Statistics demonstrate the program’s efficacy in empowering participants to lead productive lives. In these consolidated appeals, the Court considers whether drug court graduates who have a third- or fourth-degree conviction for a drug sale offense must satisfy the public-interest standard required by N.J.S.A. 2C:52-2(c)(3) when they seek expungement under the 2016 drug court expungement statute, N.J.S.A. 2C:35-14(m), and, if so, how the standard should be applied.
Docket No.: a3027-17
Decided: 2019-01-16
Caption: AMY SKUSE v. PFIZER, INC.
Status: Published
Summary:
SABATINO, P.J.A.D. This case exemplifies an inadequate way for an employer to go about extracting its employees' agreement to submit to binding arbitration for future claims and thereby waive their rights to sue the employer and seek a jury trial. The employer in this case emailed to its workforce what it called a "training module" (or "activity" or "course").
Docket No.: a3920-17
Decided: 2019-01-14
Caption: JOSEPH J. NORMAN v. NEW JERSEY STATE PAROLE BOARD
Status: Published
Summary:
MAWLA, J.A.D. Appellant Joseph J. Norman appeals from March 28 and April 24, 2018, decisions by the New Jersey State Parole Board (Board). The primary question raised on appeal is whether an appellant who has served his sentence pursuant to the Sex Offender Act (SOA), N.J.S.A. 2C:47-1 to -10, can be compelled to undergo a psychological evaluation for violation of certain conditions of parole supervision for life (PSL), and mandatory parole supervision (MPS), imposed outside the SOA.
Docket No.: a5096-14
Decided: 2019-01-10
Caption: STATE OF NEW JERSEY v. OLAJUWAN HERBERT
Status: Published
Summary:
OSTRER, J.A.D.
Convicted of purposeful murder and related firearms offenses, defendant
Olajuwan Herbert principally contends his trial was irremediably tainted by a
detective's reference to defendant's alleged gang membership, and by
eyewitnesses' statements that they had been afraid to testify or identify
themselves.
Docket No.: a1987-17
Decided: 2019-01-08
Caption: JAMES MURRAY v. COMCAST CORP.
Status: Published
Summary:
FUENTES, P.J.A.D. On November 17, 2016, plaintiff James Murray filed a two-count complaint against defendants Comcast Corporation, 1 Gary Kotzen, Victor Kruz,2 and Thomas O'Kane alleging violations of (1) the Conscientious Employee Protection Act, N.J.S.A. 34:19-1 to -14 and (2) the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 to -49. On March 15, 2017, plaintiff filed an amended complaint adding a third count for breach of contract. On the same date, defendants filed a motion to compel arbitration and stay proceedings.
Docket No.: a4556-17
Decided: 2019-01-07
Caption: BOROUGH OF GLASSBORO v. JACK GROSSMAN
Status: Published
Summary:
acquire the appellant’s property. 395 N.J. Super. at 260 (Holston, J.A.D., dissenting). Even so, Judge Holston did agree with the majority that the legal requirement of necessity under N.J.S.A. 40A:12A-8(c) entails the concept of reasonableness. Id. at 261.
Docket No.: a5699-16
Decided: 2019-01-04
Caption: MATTHEW P. TERRANOVA v. GENERAL ELECTRIC PENSION TRUST
Status: Published
Summary:
MOYNIHAN, J.A.D. Matthew P. Terranova, Karen L. Terranova and New Land Holdings, LLC (collectively: plaintiffs), the owners of a commercial property long used as a gas station, appeal from orders granting motions for summary judgment filed by defendants General Electric Pension Trust and Atlantic Richfield Company (collectively: GE defendants), Amerco Real Estate Company, 1 and Charles Boris, Jr., Carol Boris and Edward Wilgucki (collectively: Boris defendants).
Docket No.: a0478-17
Decided: 2019-01-16
Caption: BHUPEN PATEL v. SHALIN FOOD, INC
Status: Unpublished
Summary:
PER CURIAM In this commercial landlord-tenant dispute, plaintiffs Bhupen Patel and Shaili Management Co. (Shaili) appeal from an August 18, 2017 order granting summary judgment to defendant Shalin Food, Inc. Our review of the trial court order is de novo, using the Brill standard. Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co. of Pittsburgh, 224 N.J. 189, 199 (2016); Brill v. Guardian Life Ins. Co. of Am., 142 N.J. 520, 540-41 (1995).
Docket No.: a1564-17
Decided: 2019-01-16
Caption: STATE OF NEW JERSEY v. HENRI CASTRO
Status: Unpublished
Summary:
PER CURIAM Defendant Henri Castro appeals the Law Division's November 14, 2017 order upholding the Holmdel Municipal Court's June 19, 2017 conviction of him for driving while intoxicated, N.J.S.A. 39:4-50. We affirm.
Docket No.: a1573-17
Decided: 2019-01-16
Caption: STATE OF NEW JERSEY v. HAROLD E. DUFFUS
Status: Unpublished
Summary:
PER CURIAM Shortly after noontime, August 20, 2011, Home Depot loss prevention supervisor Christopher Decker became suspicious of defendant as he proceeded through the store's aisles. He followed defendant for a while and eventually, from a roughly thirty- to forty-foot distance, watched as defendant removed a drill from its carton using a boxcutter he took from his pocket; Decker then watched as defendant removed a mailbox from its carton and placed the drill in the empty mailbox carton, retaped it so "it looked like it was never opened," and proceeded to checkout.
Docket No.: a1834-17
Decided: 2019-01-16
Caption: IN THE MATTER OF THE ESTATE OF KATHRYN PARKER BLAIR, Deceased
Status: Unpublished
Summary:
PER CURIAM Pro se petitioner Lori Ann Parker appeals for the third time in this case involving the Estate of Kathryn Parker Blair (the Estate). On petitioner's first appeal, we affirmed the trial court's grant of summary judgment to the Estate, and found "insufficient merit in the arguments petitioner raise[d] to warrant further discussion in a written opinion.
Docket No.: a2888-16
Decided: 2019-01-16
Caption: STATE OF NEW JERSEY v. JAMES MESSINO
Status: Unpublished
Summary:
PER CURIAM This matter returns to us after a remand to the Law Division for an evidentiary hearing on defendant James Messino's petition for post-conviction relief (PCR).
Docket No.: a3198-16
Decided: 2019-01-16
Caption: STATE OF NEW JERSEY v. CANDIDO MAYAS
Status: Unpublished
Summary:
PER CURIAM Defendant appeals from a February 27, 2017 order denying his petition for post-conviction relief (PCR) after an evidentiary hearing. We affirm.
Docket No.: a3369-17
Decided: 2019-01-16
Caption: HECTOR FERNANDEZ v. NEW JERSEY STATE PAROLE BOARD
Status: Unpublished
Summary:
PER CURIAM Appellant Hector Fernandez appeals from a February 28, 2018 final agency decision of the Parole Board (the Board) denying him parole and imposing a twenty-four month future eligibility term (FET). He is serving a term of life imprisonment for murder, unlawful possession of a weapon, robbery, armed burglary, and theft. This was his sixth application for parole. We affirm.
Docket No.: a3936-16
Decided: 2019-01-16
Caption: KYHEEM DAVIS v. TOWNSHIP OF NEPTUNE
Status: Unpublished
Summary:
PER CURIAM Defendant Township of Neptune (Township) appeals from a January 26, 2017 Law Division order setting aside a ninety-day suspension imposed upon plaintiff Kyheem Davis, a Township police officer, and a May 12, 2017 order which denied its motion for reconsideration.1 Plaintiff cross-appeals from the court's May 12, 2017 order denying his application for back pay and attorney's fees. We reverse those portions of the January 26, 2017 and May 12, 2017 orders related to plaintiff's suspension, reinstate the hearing officer's decision to suspend plaintiff for ninety days without pay, and dismiss the cross appeals. I. We briefly summarize the relevant facts and procedural history. Since November 2000, plaintiff has been employed by the Neptune Township Police Department (Department) as a police officer. On February 6, 2015, the Department charged Davis with violating three Department Rules and Regulations related to his response to a December 14, 2014 fatal motor vehicle accident. Specifically, the Department alleged plaintiff violated Rule 3.1.1, 1 The January 26, 2017 order also upheld plaintiff's three-day suspension related to a March 30, 2015 incident when he lost a suspect's iPhone during the course of an arrest. Plaintiff has not appealed his suspension related to the March 30, 2015 incident. A-3936-16T3 2 "Performance of Duty"; Rule 3:7.10, "Relief"; and Rule 3:9.10, "Operation of Departmental Vehicles." 2 The Department maintained that plaintiff failed to "operate [his] assigned patrol vehicle in a safe manner and in conformity with State law and departmental written directives," neglected to "complete a thorough [d]aily [a]ctivity [l]edger to include all necessary information ," and did not remain in his assigned patrol zone. The Department initially sought a fifteen-day suspension. Plaintiff rejected that proposed penalty and pleaded not guilty to the charges. On May 1, 2015, a disciplinary hearing was conducted. Plaintiff testified that on December 14, 2014, he was on duty and assigned to patrol zone six3 from 7 a.m. to 3 p.m. He stated that he agreed to pick up 2 Rule 3.1.1 requires all police officers to "promptly perform their duties as required or directed by law, rules and regulations or written discovery, or by lawful order of a superior officer." Rule 3.9.10 provides that when "operating department vehicles, employees shall not violate traffic laws, except in cases of emergency and then only in conformity with state law and department written directive . . . ." Rule 3:7.10 mandates that all officers "remain at their assignments and on duty until properly relieved by other employees or until dismissed by competent authority." 3 The Department divided the Township into six zones. Officers are assigned to specific zones to ensure they are in close proximity to any incident within the Township. A-3936-16T3 3 breakfast for Sergeant Gonzalez and another officer from Carmela's Restaurant, located in zone five, which is adjacent to zone six. At approximately 8:28 a.m., plaintiff received a call from a dispatcher informing him of an emergency motor vehicle accident on Route 66, which is within zone six. Patrol Officer John Jackson arrived at the scene and requested assistance. Plaintiff was not informed at this time that the accident involved a fatality. He responded at approximately 8:30 a.m. that he was on his way. Footage from the mobile video recorder (MVR)4 in plaintiff's patrol car showed him leaving his residence, located in zone two, at approximately 8:29 a.m. According to the radio log, which lists all dispatcher and officer transmissions, and as corroborated by his MVR footage, one minute and fifty-four seconds passed between plaintiff responding to the dispatcher's call and when he activated his emergency lights. It took plaintiff three minutes and fifty-five seconds to reach the accident scene. While en route, plaintiff drove at highly accelerated speeds, reaching 131 miles per hour (m.p.h.) at one point. Despite traveling in this manner, plaintiff was the third officer to arrive. 4 All Department police vehicles are equipped with a MVR. The MVR starts when an officer activates the vehicle's emergency lights and begins recording thirty-seconds prior to activation. A-3936-16T3 4 Plaintiff testified that after he picked up breakfast, he noticed the restaurant failed to provide him with a spoon. As his home was between Carmela's Restaurant and police headquarters, he decided to stop at his house to retrieve a spoon. Plaintiff stated that he received the emergency call as he was arriving at his home. He explained the one minute and fifty-four second gap between responding to the dispatcher's call and when he activated his emergency lights to packing up and securing the food prior to leaving for the accident scene. Captain Robert Mangold testified that shortly after the accident he reviewed the responding officers' MVRs and "observed that [plaintiff] had driven in a reckless manner responding to the [accident]." He stated that the safe speed to operate a vehicle depends on the "date, time, weather [and] location," but "[i]n this instance . . . [he] d[idn't] see any reason" for plaintiff to drive at a speed of "over a hundred [m.p.h.]." Captain Mangold discussed plaintiff's conduct with Sergeant Elena Gonzalez who prepared a report confirming that plaintiff "reach[ed] a speed of up to 131 [m.p.h.]." She testified that Captain Mangold advised her to recommend the Department investigate plaintiff for violating Rules 3:7.10, 3.9.10 and Rule 3:7.14(1) for "idling at his residence while on duty" and Rule A-3936-16T3 5 3:9.4 for "failing to care for departmental equipment . . . by operating the vehicle in a reckless manner." Sergeant Gonzalez testified that she did not give plaintiff permission to go to his home. She acknowledged that she never drove a police vehicle in excess of 110 m.p.h., or 131 m.p.h., because she was concerned for her safety as well as the safety of other officers and the public. After Captain Mangold's and Sergeant Gonzalez's review, Lieutenant Michael McGhee initiated an internal affairs investigation in which he "compil[ed] reports, videos, and sp[oke] with other officers." He testified that he interviewed plaintiff, who "didn't appear concerned or apologetic" about his actions. Lieutenant McGhee concluded that plaintiff was untruthful in his interview. He testified that plaintiff told him that he had been riding around zone six prior to getting breakfast. However, he stated that plaintiff was unable to provide "any specific locations" in zone six where he patrolled and "[d]id not recall where he was driving in the zone." Having consulted the mileage history on plaintiff's vehicle, Lieutenant McGhee found plaintiff's story that he spent time patrolling zone six "[n]ot entirely" credible. A-3936-16T3 6 Lieutenant McGhee also questioned plaintiff's claim that he returned home to get a spoon for breakfast, but never made it inside his house, got the spoon or even "stepped out of his vehicle." Lieutenant McGhee noted the delay between the time when plaintiff received the call at 8:28:40 a.m. and when he activated his MVR, which Lieutenant McGhee determined did not occur until approximately 8:30:15 a.m. According to Lieutenant McGhee, plaintiff's explanation for his activities between the time he left police headquarters and when he left his house to respond to the accident was hard to believe given the "minute and [fifty-four second] gap." Furthermore, Lieutenant McGhee testified that there are spoons located in the police department. Lieutenant McGhee explained that "[h]ad [plaintiff] been . . . anywhere in his zone, even traveling . . . under emergent circumstances, [he] would [not] have gotten to that high of a speed." Based upon his investigation, Lieutenant McGhee recommended that plaintiff be cited for violating Rules 3:7.10 and 3:9.10.5 Chief of Police James M. Hunt, Jr., testified that plaintiff violated Rule 3:1.1, because he was "trained in abiding by the rules and regulations . . . and 5 Lieutenant McGhee did not recommend charging plaintiff with violating Rule 3:7.14(1), and the February 6, 2015 Notice of Charge and Hearing did not charge plaintiff with violating either Rule 3:7.14(1) or Rule 3:9.4. A-3936-16T3 7 he failed to adhere to them [by] driving recklessly [at a speed] of [131] miles [per] hour to a fatal motor vehicle accident." With respect to Rule 3.7.10, Chief Hunt stated that plaintiff went to his home without permission and noted the unexplained minute and fifty-four second time gap between the time he left his home and activated his lights. Chief Hunt also testified that plaintiff violated Rule 3:9.10 by driving one "hundred thirty one miles an hour down a state highway . . . [exhibiting a] reckless disregard for . . . his own life and [the life of] others." Chief Hunt also explained that the Department promulgated a standard operating procedure entitled "Vehicle Operation and Response Guidelines" that addressed the appropriate protocol for responding to emergencies. The directive explained that "no matter how urgent the response" plaintiff was required to operate his vehicle in a "safe and controlled manner . . . while taking into consideration the characteristics of the roadway, mechanical capabilities of the vehicle, weather conditions, and the potential actions of other citizens ." The written procedure advised all police officers that the "first priority of a call response is to arrive safely at the scene with minimal disruption to the public." A-3936-16T3 8 At the hearing, the Township also introduced evidence regarding plaintiff's extensive history of traffic accidents and driving-related infractions. We briefly summarize that evidence. On November 2, 2004, plaintiff was verbally reprimanded after his involvement in a one-car collision when, due to his inattentiveness, he "sideswiped a traffic control barrel," breaking the glass on the passenger side mirror of his patrol car. As a result of the accident, the Department recommended that plaintiff "attend a driver improvement course." On July 30, 2005, the Department issued plaintiff a second verbal reprimand for inattentive driving when he backed his patrol car into a Department police vehicle causing property damage to both vehicles. Plaintiff was "lecture[d] on the need to pay close attention while driving so there is no repeat of this type of incident." On September 17, 2005, plaintiff "failed to negotiate [a] curve on the highway and his vehicle struck the curb," causing "damage to the driver side front wheel and rim" so significant the vehicle needed to be towed because the "front left wheel was locked up." The Department attributed the cause of the accident to the wet roadway and plaintiff's failure "to maintain proper control of the patrol vehicle while responding to a call." A-3936-16T3 9 Because it was plaintiff's third motor vehicle accident within twelve months, and there was the "potential for serious injury to him or others without corrective action," the Department: 1) "assigned [plaintiff] to attend a driver improvement course;" 2) required him "to watch selected training videos geared towards instruction on safely operating emergency vehicles;" 3) assigned plaintiff to a field training officer for three nights for "further instruction on the proper techniques of emergency vehicle operation;" and 4) placed a written reprimand in plaintiff's personnel file. On November 28, 2006, "plaintiff struck a legally parked vehicle while responding to an emergency call," causing "a chain reaction that resulted in two privately owned vehicles to be damaged in the collision . . . [with] [o]ne vehicle . . . heavily damaged." The Department concluded plaintiff "failed to maintain proper control of [his] vehicle due to excessive speed and poor judgment" resulting in a "failed response to the initial call and the requirement of other police resources to cover the accident call." The Department again concluded that without corrective action, there was "a potential for serious injury to occur." As a result of the November 28, 2006 incident, the Department required plaintiff to be reevaluated by a "certified emergency vehicle instructor, [with] specific instruction and retraining . . . on the operation of emergency vehicles. " A-3936-16T3 10 Plaintiff was also immediately assigned to watch training videos geared towards instruction on safely operating emergency vehicles. Plaintiff also forfeited twenty-four hours of compensatory time and a written report was placed in his personnel file. On July 21, 2013, plaintiff rear-ended a vehicle when he "was late for a detail and was driving hastily." The investigation revealed that plaintiff "failed to maintain proper foot contact on the brake pedal causing him to lose momentary control . . . striking [the] [other] vehicle." Plaintiff was advised that he "needs to be more aware of the basic controls of [his] vehicle." He was given a two-day suspension, a thirty-day suspension for eligibility for off-duty details, and was required to review the "policies on safe operation of police vehicles with a qualified Emergency Vehicle Operator instructor." On May 3, 2014, plaintiff rear-ended another car when he incorrectly assumed the vehicle had turned. The internal affairs investigation report attributed the "cause of the accident to . . . [plaintiff's] inattention," and also noted plaintiff failed to activate his lights immediately after the accident. Plaintiff pleaded guilty to failing to operate his police vehicle in a safe manner A-3936-16T3 11 and neglecting to activate his MVR. He accepted the recommended four-day suspension.6 In his August 12, 2015 written decision, the hearing officer concluded that plaintiff violated Rules 3:1.1, 3:9.10, and 3:7.10 and, after considering plaintiff's prior disciplinary history, recommended a ninety-day suspension without pay. The hearing officer determined Captain Mangold, Lieutenant McGee, and Chief Hunt to be credible witnesses and noted that both Lieutenant McGee and Chief Hunt found plaintiff's explanation for the one minute and fifty-four second gap to be dishonest. In this regard, the hearing officer explained that plaintiff "could not explain the missing minute and [fifty-four] seconds . . . , how long he was in [z]one [six] prior to getting breakfast, or what he was doing in his driveway except 'securing grits.'" Plaintiff filed a verified complaint seeking to reverse the ninety-day suspension and the three-day suspension for the March 30, 2015 incident involving the loss of a suspect's iPhone. On January 26, 2017, after hearing oral 6 Plaintiff was also involved in another motor vehicle accident in his patrol car on December 3, 2012, but the Township concedes that because plaintiff failed to activate his MVR, there was insufficient evidence to establish plaintiff's fault. In the Department's written reprimand, it noted that plaintiff failed to report the incident and he "used poor judgment [by] not using the assigned tools to his advantage (MVR) and in doing so allowed himself and the Township of Neptune to be liable to litigation." A-3936-16T3 12 arguments, the court entered an order vacating plaintiff's ninety-day suspension and affirming his three-day suspension.
Docket No.: a4621-16
Decided: 2019-01-16
Caption: STATE OF NEW JERSEY v. ANDREW J. CONTALDI
Status: Unpublished
Summary:
PER CURIAM Defendant Andrew Contaldi appeals from an April 28, 2017 order denying his petition for post-conviction relief (PCR) without an evidentiary hearing. After reviewing the record in light of the contentions advanced on appeal, we reverse and remand for an evidentiary hearing.
Docket No.: a4762-17
Decided: 2019-01-16
Caption: STATE OF NEW JERSEY v. ALLISTAIR MINGO
Status: Unpublished
Summary:
PER CURIAM Defendant Allistair Mingo, a Guyana-born resident of this country, entered a guilty plea to third-degree conspiracy to possess a controlled dangerous substance (CDS) with the intent to distribute, N.J.S.A. 2C:5-2 and 2C:35-5(a)(1), in 2001. On September 28, 2007, defendant was sentenced after pleading guilty to probation on an amended charge of third-degree eluding, N.J.S.A. 2C:29-2(b). The United States Immigration and Customs Enforcement Agency (ICE) detained him on June 7, 2017.
Docket No.: a4858-16
Decided: 2019-01-16
Caption: MIA JANE STEPHENS v. 48 BRANFORD PLACE ASSOCIATES,
LLC
Status: Unpublished
Summary:
PER CURIAM Plaintiff, Mia Jane Stephens, appeals from the Law Division's May 23, 2017 judgment dismissing her complaint, which the trial court entered after a jury returned a "no cause" verdict in favor of defendants, Massey Insurance Agency (the Agency) and its principal, Ramelle Massey. In her complaint, plaintiff, who was the administrator of her late husband Andre Henry's estate, alleged that defendants negligently failed to obtain appropriate insurance coverage for the business that leased the premises where her husband was killed during a shooting.
Docket No.: a0401-17
Decided: 2019-01-15
Caption: STATE OF NEW JERSEY v. JOSEPH M. EIZAGUIRRE
Status: Unpublished
Summary:
PER CURIAM Defendant Joseph M. Eizaguirre appeals the February 22, 2016 Law Division decision denying him entry into the pretrial intervention (PTI) program. See N.J.S.A. 2C:43-14 to 43-20; R. 3:28. He further appeals the June 23, 2017 imposition of an eight-year state prison term on his subsequent guilty plea to second-degree knowingly leaving the scene of an accident resulting in death, N.J.S.A. 2C:11-5.1. We affirm.
Docket No.: a0503-17
Decided: 2019-01-15
Caption: STATE OF NEW JERSEY v. STANLEY L. WILLIAMS
Status: Unpublished
Summary:
OSTRER, J.A.D. Defendant Stanley L. Williams appeals from the denial of his petition for post-conviction relief (PCR), without an evidentiary hearing. Pursuant to a plea agreement, defendant pleaded guilty to: first-degree robbery, N.J.S.A. 2C:15- 1(b); second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a); and second-degree conspiracy to commit robbery, N.J.S.A. 2C:5- 2(a) and N.J.S.A. 2C:15-1. He was sentenced to a thirteen-year custodial term on the robbery charge, subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, concurrent to five-year terms on the remaining counts.
Docket No.: a0786-17
Decided: 2019-01-15
Caption: AGNIESZKA DELA v. LONG ISLAND AUTO FIND, INC
Status: Unpublished
Summary:
PER CURIAM Western Surety Company (Western) appeals from a September 8, 2017 order denying Western's motion to vacate the dismissal of Western's answer and cross-claim against co-defendants Long Island Auto Find, Inc. (LIAF), and Brian Keegan. After reviewing the record, we conclude that the September 8, 2017 order was entered based on a misunderstanding of the motion record, and hence, constituted a mistaken exercise of discretion. Accordingly, we reverse the order and remand with direction to vacate the dismissal and reinstate the answer and cross-claim.
Docket No.: a1061-17
Decided: 2019-01-15
Caption: NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.B.G.
Status: Unpublished
Summary:
PER CURIAM Defendant A.B.G. (Anna) appeals the October 13, 2017 order of the Family Part that found the Division of Child Protection and Permanency (Division) complied with the notice requirements of the Indian Child Welfare Act (ICWA), 25 U.S.C. §§ 1901 to 1963, and based on evidence presented at the remand proceedings, that Anna's children are not "Indian children" within the meaning of the ICWA.
Docket No.: a1076-17
Decided: 2019-01-15
Caption: STATE OF NEW JERSEY v. R.S.
Status: Unpublished
Summary:
PER CURIAM Defendant appeals from an August 4, 2017 order denying his petition for post-conviction relief (PCR) following an evidentiary hearing. We affirm.
Docket No.: a2502-17
Decided: 2019-01-15
Caption: M.S. WHOLESALE PLUMBING INC. v. GEN-KAL PIPE STEEL CORPORATION
Status: Unpublished
Summary:
PER CURIAM Defendants Gen-Kal Pipe $1 Steel Corp. ("Gen-Kal") and Eugene J. Kalsky appeal from the Law Division's December 19, 2017 order granting a motion by plaintiff Wholesale Plumbing, Inc. ("M.S. Wholesale Plumbing") to levy and sell Kalsky's real property. For the reasons that follow, we reverse and remand.
Docket No.: a2581-17
Decided: 2019-01-15
Caption: J.Z. v. E.R.
Status: Unpublished
Summary:
PER CURIAM Plaintiff J.Z. appeals from an order granting summary judgment in favor of defendant M.V. and an order denying his motion for reconsideration. 2 We affirm.
Docket No.: a3012-17
Decided: 2019-01-15
Caption: STATE OF NEW JERSEY v. DUANE M. HOLMES
Status: Unpublished
Summary:
(Kolovsky, J.A.D., dissenting), rev'd on dissent, 55 N.J. 354 (1970). Under Article VI(a), the 180-day period can be "tolled whenever and for as long as the prisoner is unable to stand trial, as determined by the court having jurisdiction of the matter." N.J.S.A. 2A:159A-6(a); Pero, 370 N.J. Super. at 214 (citing Cuyler v. Adams, 449 U.S. 433, 442 (1981)).
Docket No.: a3929-16
Decided: 2019-01-15
Caption: NEW JERSEY HIGHER EDUCATION STUDENT ASSISTANCE AUTHORITY v. ABIGAIL SIAW, PHILIP SIAW and FELICIA MENSAH
Status: Unpublished
Summary:
OSTRER, J.A.D. Plaintiff, the New Jersey Higher Education Student Assistance Authority, brought suit against a student borrower, Abigail Siaw, and her co-signers to recover the balance due on two outstanding student loans. After a bench trial, Judge Arthur Bergman found that defendants had defaulted, but the Authority did not present sufficient proof of the loans' interest rates. The court therefore allowed recovery of the loans' principal, plus costs of collection, but not the loans' accrued interest. The Authority appeals, and we affirm.
Docket No.: a5048-16
Decided: 2019-01-15
Caption: STATE OF NEW JERSEY v. THOMAS REED
Status: Unpublished
Summary:
PER CURIAM Defendant appeals after a jury convicted him of second-degree robbery, an attempted theft by threat, N.J.S.A. 2C:15-1(a)(1), third-degree possession of drugs, N.J.S.A. 2C:35-10(a)(1), second-degree witness tampering, N.J.S.A. 2C:28-5(d), and the disorderly persons offense of hindering apprehension, N.J.S.A. 2C:29-3(b)(1). On May 12, 2017, the court sentenced him to an aggregate term of twenty years, with twelve years and nine months of parole ineligibility pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2.1
Docket No.: a5495-17
Decided: 2019-01-15
Caption: FARMLAND DAIRIES, INC v. BOROUGH OF WALLINGTON
Status: Unpublished
Summary:
PER CURIAM This matter, involving an effort by a taxpayer to intervene in another landowner's local property tax appeal, returns following a remand this court ordered in a November 13, 2017 per curiam opinion.
Docket No.: a1198-17
Decided: 2019-01-14
Caption: ORANGE POLICE DEPARTMENT SUPERIOR OFFICERS ASSOCIATION v. CITY OF ORANGE TOWNSHIP
Status: Unpublished
Summary:
PER CURIAM The City of Orange Township (City) appeals from a September 19, 2017 order confirming two arbitration awards that granted longevity back pay, with interest, to a City police lieutenant. The awards arose out of a grievance that had been filed by the lieutenant's union, Orange Police Department Superior Officers Association (Union). The City argues that the awards should be vacated because the arbitrator exceeded or imperfectly executed his authority, the grievance was untimely or barred by laches, and there was no legal basis to award back pay or interest.
Docket No.: a1547-17
Decided: 2019-01-14
Caption: STATE OF NEW JERSEY v. RANARD K. BAYARD
Status: Unpublished
Summary:
PER CURIAM Following the denial of his motion to suppress evidence seized in a warrantless search, defendant Ranard K. Bayard pleaded guilty to third-degree possession of cocaine, N.J.S.A. 2C:35-10(a)(1), and was sentenced in accordance with a negotiated agreement to three years' probation conditioned on service of 180 days in the county jail, forfeiture of $12736 and imposition of appropriate fines and penalties.1 Defendant appeals from the denial of his motion to suppress the drugs found in his car. Finding no basis to disturb Judge Polansky's factual findings or legal conclusions, we affirm.
Docket No.: a1913-17
Decided: 2019-01-14
Caption: GUSTAVO ROBAYO v. ANTHONY A. ROSSO
Status: Unpublished
Summary:
PER CURIAM In this property damage action, plaintiff Gustavo Robayo appeals from the Law Division's September 29, 2017 order granting defendants Anthony A. Rosso and Meadowlands Contracting, LLC, summary judgment and the court's December 1, 2017 order denying reconsideration. We affirm.
Docket No.: a1954-17
Decided: 2019-01-14
Caption: ANNA HALYA SLINKO SHEVCHUK v. OCWEN LOAN SERVICING LLC
Status: Unpublished
Summary:
PER CURIAM Plaintiff appeals from Law Division orders dismissing her complaint asserting various claims against defendants concerning a certificate of deposit opened in 1988. For the reasons that follow, we affirm in part, and vacate and remand in part.
Docket No.: a2564-16
Decided: 2019-01-14
Caption: STATE OF NEW JERSEY v. KAREEM A. HARRIS and JEAN A. ST. FLEUR, a/k/a JAMES HALL, and FABIAN C. WALKER and MILO ST. FLEUR
Status: Unpublished
Summary:
DeALMEIDA, J.A.D. Defendants Kareem A. Harris and Jean A. St. Fleur appeal from the August 15, 2016 order of the Law Division denying their motion to suppress evidence obtained during execution of a search warrant. We affirm.
Docket No.: a2901-16
Decided: 2019-01-14
Caption: C.D.R. v. NEW JERSEY STATE PAROLE BOARD
Status: Unpublished
Summary:
PER CURIAM C.D.R., who was sentenced to Community Supervision for Life (CSL) after pleading guilty in 1998 to sexual acts with his seven-year-old daughter, appeals from the State Parole Board’s (Board) final decision to affirm a special condition of his supervision.
Docket No.: a3035-16
Decided: 2019-01-14
Caption: DANCE, INC v. NEW JERSEY DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT
Status: Unpublished
Summary:
PER CURIAM Petitioner Dance, Inc. operates a go-go bar.1 Petitioner appeals from a February 8, 2017 final administrative decision of the Commissioner of the New Jersey Department of Labor and Workforce Development (Commissioner) assessing tax liability owed under the unemployment compensation statute, N.J.S.A. 43:21-7.
Docket No.: a4283-16
Decided: 2019-01-14
Caption: GEORGE AKSHAR v. PUBLIC SERVICE ELECTRIC AND GAS COMPANY
Status: Unpublished
Summary:
PER CURIAM In this employment matter, plaintiff George Akshar appeals from the May 18, 2017 Law Division order denying his motion for reconsideration of the May 12, 2016 order granting summary judgment to defendants Public Service Electric and Gas Company (PSE$1G) and Hugh D. Sweeney and dismissing plaintiff's common law wrongful termination claim with prejudice. For the following reasons, we affirm.
Docket No.: a4742-16
Decided: 2019-01-14
Caption: STATE OF NEW JERSEY v. JOHN J. LAWLESS
Status: Unpublished
Summary:
PER CURIAM Defendant John J. Lawless appeals from an April 7, 2017 order denying his petition for post-conviction relief (PCR) without an evidentiary hearing. He contends that the PCR court erroneously denied his petition as untimely and that he was entitled to an evidentiary hearing because he established a prima facie case of ineffective assistance of counsel. We disagree and affirm.
Docket No.: a5326-16
Decided: 2019-01-14
Caption: STATE OF NEW JERSEY v. SYRRON LAMAR ROACH
Status: Unpublished
Summary:
PER CURIAM Defendant Syrron Lamar Roach 1 appeals from his convictions and sentence following a jury trial for two counts of possession of a controlled dangerous substance, possession of marijuana with intent to distribute and hindering his own apprehension. We reverse and remand.
Docket No.: a0037-17
Decided: 2019-01-11
Caption: H. CHRISTINA CHEN-OSTER v. THE ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF MIDDLETOWN
Status: Unpublished
Summary:
PER CURIAM The Municipal Land Use Law (MLUL) "permits a variance from a bulk or dimensional provision of a zoning ordinance . . . when, by reason of exceptional conditions of the property, strict application of a . . . provision would present peculiar and exceptional practical difficulties or exceptional hardship to the applicant." Ten Stary Dom P'ship v. Mauro, 216 N.J. 16, 29 (2013) (citing N.J.S.A. 40:55D-70(c)(1)) (emphasis added). "Such exceptional conditions may include the dimensions of the property, topographic conditions, or some other extraordinary or exceptional feature unique to the property."
Docket No.: a0777-17
Decided: 2019-01-11
Caption: NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. D.V.
Status: Unpublished
Summary:
PER CURIAM In these consolidated cases, defendants A.A. and D.V. appeal from Family Part orders permitting the Division of Child Protection and Permanency (Division) to withdraw its Title 9 complaint, based on the Division's administrative finding that the charges against each defendant were "established" rather than "substantiated." See N.J.A.C. 3A:10-7.3(c). In each appeal, defendant argues that the Family Part should have held a fact finding hearing at which defendant could contest the established finding. In both cases, the Family Part judge reasoned that a defendant was not entitled to an evidentiary hearing to contest an established finding. We affirm the orders on appeal.
Docket No.: a1112-17
Decided: 2019-01-11
Caption: ANTHONY DANIELS v. HIGH POINT BOARD OF EDUCATION
Status: Unpublished
Summary:
PER CURIAM Plaintiff Anthony Daniels appeals from the dismissal of his initial and amended complaints for failing to state a cause of action. Plaintiff alleged defendants1 were involved in corrupt and illegal activity in creating and staffing the Director of Safety and Security position for the High Point Regional High School. After reviewing the contentions advanced on appeal in light of the record and applicable legal principles, we affirm.
Docket No.: a1827-17
Decided: 2019-01-11
Caption: C.L.H. v. T.F.H.
Status: Unpublished
Summary:
PER CURIAM Defendant appeals from the Family Part judge's final restraining order (FRO) entered against him in favor of his estranged wife under the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35.
Docket No.: a1875-17
Decided: 2019-01-11
Caption: RICHARD STAMLER v. ALVIN MILLER
Status: Unpublished
Summary:
PER CURIAM Plaintiff Richard Stamler appeals from an order of final judgment entered following a jury trial awarding him $1138,322 in damages and finding him forty- seven percent negligent in this motor-vehicle-accident personal-injury matter. He also appeals from an order denying his motion for a new trial or, in the alternative, additur. Defendant Alvin Miller cross-appeals, arguing that if the jury verdict is reversed and the matter is remanded for a new trial, the court's orders permitting plaintiff's photogrammetry and liability experts to testify concerning certain subjects should be reversed.
Docket No.: a2005-16
Decided: 2019-01-11
Caption: STATE OF NEW JERSEY v. KAREEM PRUNTY
Status: Unpublished
Summary:
PER CURIAM Defendant Kareem Prunty appeals the denial of his petition for post- conviction relief (PCR) without an evidentiary hearing. We affirm.
Docket No.: a2029-17
Decided: 2019-01-11
Caption: MARYJO CASTELLI v. ANTHONY SOLLITTO
Status: Unpublished
Summary:
PER CURIAM Plaintiff Maryjo Castelli appeals a jury verdict finding no cause for her negligence claim against defendants Anthony Sollitto and Matilde Sollitto for plaintiff's personal injuries arising from a slip and fall allegedly on defendants' property. We affirm.
Docket No.: a2219-17
Decided: 2019-01-11
Caption: STATE OF NEW JERSEY v. EDWIN ROSARIO
Status: Unpublished
Summary:
PER CURIAM Defendant Edwin Rosario appeals from a March 10, 2017 order denying his petition for post-conviction relief (PCR) after oral argument, but without an evidentiary hearing. Defendant contends that his counsel was ineffective in misleading him about the immigration consequences of his plea and he should be permitted to withdraw his plea of guilt. The record, however, establishes that defendant was advised of the immigration consequences of his plea and, therefore, we affirm.
Docket No.: a2251-17
Decided: 2019-01-11
Caption: STATE OF NEW JERSEY v. PRAMOD BHAGAT
Status: Unpublished
Summary:
PER CURIAM Defendant Pramod Bhagat appeals the denial of his second petition for post-conviction relief (PCR) without an evidentiary hearing. We affirm.
Docket No.: a3900-16
Decided: 2019-01-11
Caption: C.C. v. M.H.
Status: Unpublished
Summary:
PER CURIAM Plaintiffs, C.C. and D.C. appeal from the Family Part's April 6, 2017 order granting their daughter and son-in-law, defendants M.H. and S.H.'s Rule 4:6- 2(e) motion to dismiss plaintiffs' complaint for grandparent visitation under the Grandparent Visitation Act, (the Act), N.J.S.A. 9:2-7.1.2 Defendants cross- appeal from the Family Part's May 10, 2017 order that denied their motion seeking to impose civil restraints against plaintiffs.
Docket No.: a4242-16
Decided: 2019-01-11
Caption: CHRISTINE SPIGAI v. LIVE NATION WORLDWIDE, INC
Status: Unpublished
Summary:
PER CURIAM Plaintiff Christine Spigai appeals from the entry of summary judgment dismissing her premises liability complaint against defendants New Jersey Turnpike Authority/Garden State Parkway and Live Nation Worldwide, Inc. for an accident occurring at defendant PNC Bank Arts Center. Because we agree summary judgment was properly granted to all defendants, we affirm.
Docket No.: a4360-16
Decided: 2019-01-11
Caption: VIATCHESLAV STREKALOV v. BANK OF AMERICA, N.A.
Status: Unpublished
Summary:
PER CURIAM Plaintiff Viatcheslav Strekalov, a signatory on a foreclosed residential mortgage issued to Elena Evglevskaya, appeals from a June 7, 2017 Chancery Division order granting the Rule 4:6-2(e) motion to dismiss his complaint with prejudice for failure to state a claim by the mortgage assignees, defendants Green Tree Servicing, LLC and Fannie Mae. We affirm.
Docket No.: a5076-16
Decided: 2019-01-11
Caption: COMMISSIONER OF THE NEW JERSEY DEPARTMENT OF BANKING AND INSURANCE v. FIRST JERSEY INSURANCE AGENCY
Status: Unpublished
Summary:
PER CURIAM Appellants First Jersey Insurance Agency, Gerald E. Connor, and James W. Blumetti appeal the final agency decision of the Commissioner of the Department of Banking and Insurance (DOBI) finding that First Jersey mailed an untrue, deceptive, or misleading postcard advertisement to 51,517 New Jersey senior citizens, in violation of various state insurance laws, and imposing a penalty against appellants, jointly and severally, in the amount of $1100,000. Given our standard of review that requires us to defer to the Commissioner when his decision is based upon credible evidence in the record and is not contrary to state law, we affirm.
Docket No.: a5429-16
Decided: 2019-01-11
Caption: SCOTT RICKABAUGH v. ALAURA P. JONES
Status: Unpublished
Summary:
PER CURIAM This is an automobile negligence action. A jury unanimously determined that Plaintiff, Scott Rickabaugh, who was subject to the limitation on lawsuit threshold, N.J.S.A. 39:6A-8(a), had not "sustained a [permanent] injury proximately caused by the . . . motor vehicle accident." Plaintiff appeals from an order that denied the motion for a new trial. He contends the trial court erred by permitting a medical expert to read inadmissible hearsay statements from his report under the guise of refreshing his recollection.
Docket No.: a0540-17
Decided: 2019-01-10
Caption: ERZSEBET MISKOLCZI-TOROK v. CHRISTOPHER J. BUMP, D.C.
Status: Unpublished
Summary:
PER CURIAM In this professional chiropractic malpractice action, plaintiff Erzsebet Miskolczi-Torok appeals from a May 11, 2017 judgment of no cause of action following a jury verdict in favor of defendant Christopher J. Bump, D.C, 1 and a September 15, 2017 order denying her motion for a new trial. The trial occurred over two weeks at which multiple witnesses testified, including four doctors. The jury found that Dr. Bump did not deviate from accepted standards of care in the chiropractic industry. Consequently, the jury did not reach issues of causation or damages.
Docket No.: a0681-17
Decided: 2019-01-10
Caption: IN THE MATTER OF THE CIVIL COMMITMENT OF K.O.
Status: Unpublished
Summary:
PER CURIAM K.O. appeals from an October 3, 2017 order, entered on reconsideration, placing her on CEPP (conditional extension pending placement) status pursuant to R. 4:74-7. We agree with K.O. that the judge erred in placing her on CEPP status. But having studied the transcript of the two commitment hearings conducted only a few hours apart, it appears what transpired here resulted entirely from the judge simply misspeaking from the bench when he made his initial ruling that K.O. should be discharged, hours before he reconsidered and placed her on CEPP status. Moreover, despite the judge having placed K.O. on CEPP status, counsel confirmed for us at argument she was discharged the following day in accordance with N.J.S.A. 30:4-27.15(b).
Docket No.: a1000-17
Decided: 2019-01-10
Caption: STATE OF NEW JERSEY v. CARLOS J. AMORIM
Status: Unpublished
Summary:
PER CURIAM Defendant Carlos Amorim appeals from the Law Division's May 19, 2017 order denying his petition for post-conviction relief ("PCR"). We affirm.
Docket No.: a1151-17
Decided: 2019-01-10
Caption: DONNA M. SCHNEIDER v. CHRISTOPHER SCHNEIDER
Status: Unpublished
Summary:
PER CURIAM The court being advised by the parties in the above matter that the issues in dispute have been amicably resolved, the appeal is accordingly dismissed with prejudice and without costs. Dismissed.
Docket No.: a1248-17
Decided: 2019-01-10
Caption: MIRIAM L. CHICAS v. TOWN OF KEARNY
Status: Unpublished
Summary:
PER CURIAM On a snowy night, a Kearny police officer was on patrol in a police vehicle. As he came down a street with an incline, he applied the brakes, but his car slid through a stop sign and a car driven by plaintiff Jose Martinez collided with the police vehicle. Plaintiff Miriam Chicas was a passenger in the car driven by Martinez. Both Martinez and Chicas were injured and sued the police officer and the Town of Kearny, which employed the officer.
Docket No.: a1364-16
Decided: 2019-01-10
Caption: STATE OF NEW JERSEY v. JOSEPH COOKE
Status: Unpublished
Summary:
PER CURIAM Following a jury verdict acquitting defendant Joseph Cooke of all counts except second-degree aggravated sexual assault, N.J.S.A. 2C:14-2(c)(2), he was sentenced on January 28, 2000 to a probationary term.
Docket No.: a1542-17
Decided: 2019-01-10
Caption: JAN STOBBE v. LAURA STOBBE
Status: Unpublished
Summary:
PER CURIAM Plaintiff Jan Stobbe and defendant Laura Stobbe were married in 1986 and had three children. Divorce proceedings began in 2013 with the filing of plaintiff's complaint; defendant filed a counterclaim. In 2015, with both parties represented by counsel, the judge entered a consent order referring all matters in dispute to arbitration before an arbitrator of the parties' choice.
Docket No.: a1633-17
Decided: 2019-01-10
Caption: NATIVIDAD MOREL v. JOSE MOREL
Status: Unpublished
Summary:
PER CURIAM Plaintiff Natividad Morel appeals from two Family Part orders, dated June 3, 2016 and October 10, 2017. The first order denied her motion to file an amended complaint to include Diomedes Morel (Diomedes),1 defendant Jose Morel's nephew, as a party and to add a second count for declaratory relief. The second order granted defendant's motion in limine. Finality was achieved when the court entered an October 26, 2017 Final Judgment of Divorce (FJD), which dissolved the marriage and incorporated by reference the parties' settlement agreement.
Docket No.: a2933-16
Decided: 2019-01-10
Caption: STATE OF NEW JERSEY v. CASIMIR RUPINSKI, III
Status: Unpublished
Summary:
PER CURIAM Defendant Casimir Rupinski, III, appeals from a Law Division order entered after a de novo hearing on the record before the Middle Township municipal court finding him guilty of simple assault, N.J.S.A. 2C:12-1(a)(1). Based on our review of the arguments advanced on appeal and in light of the record and applicable law, we affirm.
Docket No.: a3382-16
Decided: 2019-01-10
Caption: JO ANN CATELLO ONELLO v. ULYSSES ISA
Status: Unpublished
Summary:
PER CURIAM Plaintiff Jo Ann Catello Onello appeals from a March 31, 2017 order dismissing the complaint with prejudice following a jury verdict of no cause of action, and a February 23, 2017 oral ruling barring Dr. Mark Berman from testifying at trial. We affirm.
Docket No.: a3580-16
Decided: 2019-01-10
Caption: LUZI BARTSCH v. IRMA LAGE
Status: Unpublished
Summary:
OSTRER, J.A.D. Plaintiff Luzi Bartsch appeals from the dismissal of her auto negligence lawsuit seeking underinsured motorist benefits from her auto insurer, defendant Geico Insurance Company, for injuries she suffered in a collision caused by defendant Irma Lage.
Docket No.: a4453-16
Decided: 2019-01-10
Caption: FRANK RUBURY v. ROBERT WOOD JOHNSON UNIVERSITY HOSPITAL
Status: Unpublished
Summary:
PER CURIAM Plaintiff Frank Rubury appeals from four orders of the Law Division that collectively resulted in the dismissal with prejudice of his claims of medical malpractice. We affirm.
Docket No.: a5510-16
Decided: 2019-01-10
Caption: STATE OF NEW JERSEY v. WILLIAN G. KING
Status: Unpublished
Summary:
PER CURIAM Defendant Willian G. King appeals from the five-year sentence with a two-and-one-half year period of parole ineligibility that was imposed following his guilty plea to third-degree possession with intent to distribute cocaine in violation of N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(3). We affirm.
Docket No.: a0007-17
Decided: 2019-01-09
Caption: TRAP-ZAP ENVIRONMENTAL SYSTEMS v. BOARD OF REVIEW, DEPARTMENT OF LABOR and CHRISTOPHER OH
Status: Unpublished
Summary:
PER CURIAM Trap-Zap Environmental Systems, Inc. (TZ) appeals from a final decision of the Board of Review (Board), which upheld a determination of the appeal tribunal that TZ's former employee, Christopher Oh, was not disqualified for unemployment benefits. We reverse and remand the matter for a new hearing on Oh's claim for benefits.
Docket No.: a0136-17
Decided: 2019-01-09
Caption: WELLS FARGO BANK N.A. v. DAVID BENNETT
Status: Unpublished
Summary:
PER CURIAM Defendant David Bennett appeals from an October13, 2017 order denying his motion to vacate a final judgment entered on February 19, 2016 in this foreclosure action that was commenced following defendant's failure to make payments on a $1177,000 note – secured by a mortgage on his Jamesburg property – he executed in November 2004.1 After defendant's January 1, 2010 default, plaintiff Wells Fargo Bank N.A., to which the mortgage had been assigned in September 2010, filed its foreclosure complaint.
Docket No.: a0280-17
Decided: 2019-01-09
Caption: NATIONSTAR MORTGAGE LLC v. LYDIA JENKINS
Status: Unpublished
Summary:
PER CURIAM In this residential foreclosure action, defendant Lydia Jenkins appeals from the August 4, 2017 order entered by the General Equity court, which denied her motion to vacate the final judgment in foreclosure. After reviewing the record and applicable legal principles, we affirm.
Docket No.: a0829-17
Decided: 2019-01-09
Caption: STATE OF NEW JERSEY v. DANIEL CARABALLO
Status: Unpublished
Summary:
PER CURIAM Defendant appeals from an order dated July 11, 2017, which denied his motion to correct an allegedly illegal sentence. We affirm.
Docket No.: a0946-17
Decided: 2019-01-09
Caption: BANC OF CALIFORNIA NATIONAL ASSOCIATION d/b/a BANC HOME LOANS v. RITU MADHOK
Status: Unpublished
Summary:
PER CURIAM In this residential foreclosure action, defendant Ritu Madhok appeals from the September 15, 2017 Chancery Division order denying her motion to vacate a sheriff's sale. We affirm.
Docket No.: a1378-17
Decided: 2019-01-09
Caption: D.J. v. T.L.
Status: Unpublished
Summary:
PER CURIAM Defendant T.L., 1 father, appeals from an October 4, 2017 order modifying the parenting time schedule for the parties' son, K.L.,2 arguing there was no plenary hearing or finding of a substantial change of circumstances to warrant the modification. After consideration of the record and relevant law, we affirm.
Docket No.: a1562-17
Decided: 2019-01-09
Caption: NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. F.R.
Status: Unpublished
Summary:
PER CURIAM Defendant F.R. appeals from the judgment of guardianship terminating his parental rights to his children, fourteen-year-old V.R. (Victor),1 and thirteen- year-old S.R. (Sara). The children's Law Guardian and the Division of Child Protection and Permanency (Division) urge us to affirm.
Docket No.: a2515-17
Decided: 2019-01-09
Caption: BELLA FRANGIPANE v. RICHARD FRANGIPANE
Status: Unpublished
Summary:
PER CURIAM Plaintiff appeals from May 26, September 8, and December 1, 2017 orders, which granted defendant's motion to terminate alimony due to retirement and enforced plaintiff's obligation to pay her portion of college tuition for the parties' daughter. We affirm.
Docket No.: a2807-16
Decided: 2019-01-09
Caption: SALVATORE J. MORETTI v. BERGEN COUNTY PROSECUTOR'S OFFICE
Status: Unpublished
Summary:
PER CURIAM Appellant Salvatore Moretti appeals from two orders issued by the Government Records Council (GRC) denying his requests for the disclosure of documents pursuant to the New Jersey Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -12, and the common law right of access (CLROA). We affirm, substantially for the reasons set forth in the written decision of the GRC.
Docket No.: a3224-17
Decided: 2019-01-09
Caption: JEAN MATHURIN v. LUCY MATHURIN
Status: Unpublished
Summary:
PER CURIAM Defendant Lucy Mathurin appeals from a March 16, 2018 order denying her motion to enforce a settlement she and plaintiff Jean Mathurin allegedly reached in mediation. We affirm.
Docket No.: a3307-17
Decided: 2019-01-09
Caption: STERLING NATIONAL BANK v. STEPHEN A. RUCCIO
Status: Unpublished
Summary:
PER CURIAM In this contested residential mortgage foreclosure action, defendant Stephen A. Ruccio appeals from the entry of final judgment, contending plaintiff Sterling National Bank failed to establish its predecessor in this action, Astoria Bank, possessed the note and mortgage when it filed its foreclosure complaint. Because the record reveals plaintiff's predecessor established its standing by actual possession of the note and a duly recorded assignment of mortgage pre- dating its complaint, we affirm.
Docket No.: a4132-16
Decided: 2019-01-09
Caption: FEDERAL NATIONAL MORTGAGE ASSOCIATION v. STANLEY CLARK
Status: Unpublished
Summary:
PER CURIAM Defendant Burnett Manor Condominium Association, a junior lienholder in this residential foreclosure by plaintiff Federal National Mortgage Association and its predecessors, OneWest Bank, FSB and Ocwen Loan Servicing, LLC, appeals from orders relating to its requests for attorneys' fees incurred in the action. Because we conclude the General Equity judge did not abuse his considerable discretion in appropriately assessing fees, we affirm.
Docket No.: a4890-16
Decided: 2019-01-09
Caption: PHILADELPHIA CONTRIBUTIONSHIP INSURANCE COMPANY v. RYAN, INC
Status: Unpublished
Summary:
PER CURIAM In this insurance subrogation matter, plaintiff Philadelphia Contributionship Insurance Company appeals from the April 13, 2017 Law Division order barring its experts' reports and testimony and granting summary judgment to defendant Ryan, Inc. Plaintiff also appeals from the June 9, 2017 order denying its motion for reconsideration. We affirm.
Docket No.: a0816-17
Decided: 2019-01-08
Caption: MONIQUE BROWNLEE v. TOWN SPORTS INTERNATIONAL HOLDINGS, INC.
Status: Unpublished
Summary:
DeALMEIDA, J.A.D. Plaintiff Monique Brownlee appeals from the September 11, 2017 order of the Law Division dismissing her complaint and compelling her to submit her employment discrimination claims to arbitration. We affirm.
Docket No.: a1665-17
Decided: 2019-01-08
Caption: THE ESTATE OF ROBERT E. NOYES v. RICHARD M. MORANO CYBER TECHNOLOGY, INC
Status: Unpublished
Summary:
VERNOIA, J.A.D. Defendants Richard M. Morano and Morano's investment firms Cyber Technology, Inc. (Cyber) and Indices-Pac Research Corp. (IPR) appeal from an October 27, 2017 order denying their motion to compel arbitration pursuant to N.J.S.A. 2A:23B-7 and dismiss plaintiff's complaint for lack of subject matter jurisdiction pursuant to Rule 4:6-2(a). We affirm.
Docket No.: a1755-17
Decided: 2019-01-08
Caption: BRENDA TAYLOR v. NEW JERSEY STATE PAROLE BOARD
Status: Unpublished
Summary:
PER CURIAM In 2013, petitioner Brenda Taylor – a prison inmate – pleaded guilty to one count of second-degree robbery, N.J.S.A. 2C:15-1, after attempting to rob a cab driver at knifepoint while under the influence of heroin and crack cocaine. She was sentenced to a five-year term of imprisonment subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, and to a three-year period of mandatory parole supervision following her release from custody.
Docket No.: a1820-16
Decided: 2019-01-08
Caption: CYNTHIA TOPOLESKI AND EUGENE W. TOPOLESKI v. OLIGERT VESHI and DEBORAH DAVIS
Status: Unpublished
Summary:
DeALMEIDA, J.A.D. Plaintiffs Cynthia Topoleski and Eugene W. Topoleski appeal the August 28, 2016 order of the Special Civil Part dismissing their complaint for damages arising from their purchase of a used car, and the November 14, 2016 order denying their motion for reconsideration. We reverse and remand for a new hearing.
Docket No.: a2077-17
Decided: 2019-01-08
Caption: NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. T.H.
Status: Unpublished
Summary:
PER CURIAM Defendant T.H., the biological mother of I.H., born in October 2014, and P.H., Jr., born in October 2015, appeals from the December 20, 2017 judgment of guardianship terminating her parental rights to the children. 1 On appeal, defendant contends the trial judge erred in finding respondent New Jersey Division of Child Protection and Permanency (Division) proved all four prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. We affirm.
Docket No.: a2534-17
Decided: 2019-01-08
Caption: CHANCELLOR ARMS TWO REALTY GROUP, LLC v. OMAR CLYBURN
Status: Unpublished
Summary:
PER CURIAM Defendant Omar Clyburn appeals from a January 24, 2018 judgment of possession granted to his former landlord, plaintiff Chancellor Arms Two Realty Group, LLC, in this summary eviction action. Judgment was granted pursuant to N.J.S.A. 2A:18-61.1(a), premised on the trial judge's finding that defendant failed to pay rent and additional rent as defined in a written lease. Defendant argues that his constitutional rights were violated and he had a defense for non - payment of rent. We reject these arguments and affirm.
Docket No.: a3501-17
Decided: 2019-01-08
Caption: ANN GIESGUTH v. ANTHONY J. COSTANZA and JOYCE M. COSTANZA
Status: Unpublished
Summary:
PER CURIAM Plaintiff Ann Giesguth 1 appeals from an order of summary judgment in favor of defendants, Anthony J. Costanza and Joyce M. Costanza, in her verbal threshold case. Finding that plaintiff failed to demonstrate a permanent condition meeting the requirements of the verbal threshold statute or a causal relationship between that condition and the accident that is the subject of suit, we affirm.
Docket No.: a3634-17
Decided: 2019-01-08
Caption: STATE OF NEW JERSEY v. CARLOS GONZALEZ
Status: Unpublished
Summary:
PER CURIAM Defendant Carlos Gonzalez appeals from a March 26, 2018 Law Division order, which denied his petition for post-conviction relief (PCR) following de novo review of a municipal court order likewise denying his PCR petition. We affirm.
Docket No.: a4142-16
Decided: 2019-01-08
Caption: STATE OF NEW JERSEY v. JOHN J. CANTALUPO
Status: Unpublished
Summary:
PER CURIAM Defendant John J. Cantalupo appeals from a March 29, 2017 order after a bench trial in which he was found guilty of possession of a controlled dangerous substance (CDS) in an automobile, N.J.S.A. 39:4-49.1; driving while intoxicated (DWI), N.J.S.A. 39:4-50; reckless driving, N.J.S.A. 39:4-96; failure to wear a seatbelt, N.J.S.A. 39:3-76.2(f); failure to observe traffic signals, N.J.S.A. 39:4- 81; and third-degree possession of Phencyclidine (PCP), N.J.S.A. 2C:35- 10(a)(1). As part of his sentence, defendant received three years of probation with 180 days in jail, but the court suspended 150 days of the jail time imposed.
Docket No.: a5464-15
Decided: 2019-01-08
Caption: CHICAGO TITLE INSURANCE COMPANY v. UNION AVENUE HOLDING LLC
Status: Unpublished
Summary:
GOODEN BROWN, J.A.D. Following a bench trial, the trial court entered a $11.3 million judgment in favor of plaintiff, Chicago Title Insurance Company (Chicago Title), as subrogee of Golden Union, LLC (Golden Union), against defendants Judah Bloch, his partner, Stuart Bienenstock, and their company, Union Avenue Holding, LLC (UAH), based on claims of fraud and breach of covenant. Bloch now appeals the judgment entered on July 14, 2016. We affirm.
Docket No.: a5563-16
Decided: 2019-01-08
Caption: STATE OF NEW JERSEY v. JAIME GONZALEZ
Status: Unpublished
Summary:
PER CURIAM Defendant Jaime Gonzalez appeals from the denial of his petition for post- conviction relief (PCR), contending he established a prima facie case of ineffective assistance of counsel requiring an evidentiary hearing. Because the trial judge correctly determined the evidence insufficient to sustain defendant's burden, we affirm.
Docket No.: a0804-17
Decided: 2019-01-07
Caption: NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. P.S.
Status: Unpublished
Summary:
PER CURIAM Defendant, P.S., appeals from a June 29, 2017 guardianship judgment terminating her parental rights to her child, now age four. She contends the Division of Child Protection and Permanency (the Division) failed to prove by clear and convincing evidence that terminating her parental rights was in the child's best interests, the standard codified in N.J.S.A. 30:4C-15.1(a). She also contends the trial court erred by permitting prejudicial hearsay testimony at the guardianship trial and by allowing her to represent herself, even though she had been declared incompetent to stand trial on criminal charges. The Division and the Law Guardian oppose the appeal. We affirm.
Docket No.: a1085-17
Decided: 2019-01-07
Caption: SHIPYARD ASSOCIATES, LP v. CITY OF HOBOKEN
Status: Unpublished
Summary:
PER CURIAM Defendant City of Hoboken (City), joined by intervenors Fund for a Better Waterfront (FBW) and Hudson Tea Buildings Condominium Association, Inc. (Hudson Tea), appeal from an October 17, 2017 order granting summary judgment in favor of plaintiff Shipyard Associates, LP (Shipyard). Our review of the trial court's decision is de novo, using the Brill standard. See Globe Motor Co. v. Igdalev, 225 N.J. 469, 479-80 (2016); Brill v. Guardian Life Ins. Co. of Am., 142 N.J. 520, 540 (1995).
Docket No.: a1888-16
Decided: 2019-01-07
Caption: IN THE MATTER OF THE CIVIL COMMITMENT OF R.G.
Status: Unpublished
Summary:
PER CURIAM R.G. appeals from the trial court's December 2016 order entered following a review hearing pursuant to N.J.S.A. 30:4-27.35 which continued his commitment to the Special Treatment Unit (STU) pursuant to the Sexually Violent Predator Act (SVPA), N.J.S.A. 30:4-27.24 to -27.38.
Docket No.: a2250-17
Decided: 2019-01-07
Caption: MORRIS IMAGING ASSOCIATES, PA v. ROSA SEMILIA
Status: Unpublished
Summary:
PER CURIAM This dispute arises from the collection of an outstanding bill for x-rays and a CAT scan (the services). The patient, defendant Rosa Semilia, appeals from Special Civil Part orders: granting summary judgment to the provider, plaintiff Morris Imaging Associates, P.A. (Morris Imaging); and granting motions dismissing defendant's counterclaim against Morris Imaging and her third-party complaint against Morris Imaging's legal representatives, Michael Harrison, Stacy Fronapfel, and the Law Office of Michael Harrison, LLC (the Law Office); and denying defendant's motion for reconsideration of the dismissal of her counterclaim and third-party complaint. For the reasons that follow, we affirm.
Docket No.: a2411-15
Decided: 2019-01-07
Caption: STATE OF NEW JERSEY v. JAMEL LEWIS
Status: Unpublished
Summary:
PER CURIAM Defendants Jamel Lewis, Robert Harris, and Sharif Torres, separately appeal their convictions for offenses that led to and caused Tanya Worthy's death.
Docket No.: a2605-17
Decided: 2019-01-07
Caption: JENNIFER K. ALLEN Administratrix of the Estate of NORMA ALLEN deceased v. ESTATE OF DONALD L. ALLEN and KAREN DILLARD ALLEN
Status: Unpublished
Summary:
PER CURIAM Defendants appeal from orders of the Chancery Division which granted plaintiff's motion for summary judgment and denied defendants' cross-motion for summary judgment. The Chancery Division judge determined that the Estate of Norma Allen has sole legal and equitable title to certain real property on Riverview Avenue in the Borough of Little Silver. We affirm.
Docket No.: a3065-17
Decided: 2019-01-07
Caption: DENTAL CARE OF STRATFORD v. SANDRA HARMON, DMD
Status: Unpublished
Summary:
PER CURIAM 1 The caption on the order subject to this appeal incorrectly listed the defendant as the plaintiff. Defendant Sandra Harmon, DMD, appeals from a January 31, 2018 Law Division order directing plaintiff Dental Care of Stratford to pay her $13,622.50. We remand for further proceedings.
Docket No.: a3375-16
Decided: 2019-01-07
Caption: JUST PUPS LLC v. BOROUGH OF EMERSON
Status: Unpublished
Summary:
PER CURIAM Plaintiff pet shop Just Pups LLC appeals from the court's February 1, 2017 order granting defendants Borough of Emerson (Borough) and Jane Dietsche's motion for partial summary judgment. We affirm substantially for the reasons articulated in Judge Lisa Perez Friscia's twenty-six-page written opinion.
Docket No.: a3893-17
Decided: 2019-01-07
Caption: NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. F.M.
Status: Unpublished
Summary:
PER CURIAM In these consolidated appeals, defendants F.M. (Faith)1 and A.G. (Adam) appeal the April 16, 2018 order terminating their parental rights. Faith argues the Division of Child Protection and Permanency (Division) failed to prove the four prongs of the best interests of the child standard under N.J.S.A. 30:4C- 15.1(a).
Docket No.: a4883-16
Decided: 2019-01-07
Caption: STATE OF NEW JERSEY IN THE INTEREST OF D.R.-J
Status: Unpublished
Summary:
PER CURIAM Defendant appeals from an adjudication of delinquency entered by Judge Anthony F. Picheca, Jr. on February 22, 2017, following a two-day bench trial. D.R.-J. was charged with: first-degree robbery, pursuant to N.J.S.A. 2C:15- 1(a)(1); second-degree conspiracy to commit robbery, pursuant to N.J.S.A. 2C:5-2(a)(1); second-degree possession of a handgun, pursuant to N.J.S.A. 2C:39-4(a) for an unlawful purpose; second-degree unlawful possession of a handgun, pursuant to N.J.S.A. 2C:39-5(b); third-degree criminal restraint, pursuant to N.J.S.A. 2C:13-2(a); fourth-degree possession of marijuana, pursuant to N.J.S.A. 2C:35-10(a)(4); and fourth-degree riot, pursuant to N.J.S.A. 2C:33-1(a)(1).1 D.R.-J. pled guilty to possession of marijuana and fourth-degree riot.
Docket No.: a5220-16
Decided: 2019-01-07
Caption: STATE OF NEW JERSEY v. EDWARD R. COLLINS
Status: Unpublished
Summary:
PER CURIAM Defendant Edward Collins appeals from a June 26, 2017 judgment of conviction for second-degree certain persons not to possess weapons, N.J.S.A. 2C:39-7(b). Defendant moved to suppress the handgun seized without a warrant, which formed the evidential basis for the charge. When his motion was denied, defendant entered a negotiated guilty plea, and was sentenced to a five- year term of imprisonment with a five-year period of parole ineligibility, in accordance with the Graves Act, N.J.S.A. 2C:43-6(c).
Docket No.: a0599-17
Decided: 2019-01-04
Caption: STATE OF NEW JERSEY v. DAVID R. HARY
Status: Unpublished
Summary:
PER CURIAM Defendant David R. Hary appeals from the Law Division's upholding of the prosecutor's rejection of defendant's application for entry into the Pretrial Intervention Program (PTI). N.J.S.A. 2C:43-12; R. 3:28.1 Defendant was previously charged in an indictment with one count of fourth-degree operating a motor vehicle during a period of suspension for a second or subsequent driving while intoxicated (DWI) conviction, N.J.S.A. 2C:40-26(b). Defendant applied for PTI, which the Criminal Division manager approved but the prosecutor rejected2 based upon an evaluation of the criteria set forth in N.J.S.A. 2C:43 - 12(e) and the Rule 3:28 Guidelines.
Docket No.: a0894-17
Decided: 2019-01-04
Caption: RANJIT BENIPAL v. TRI-STATE PETRO, INC. and AMAR GILL
Status: Unpublished
Summary:
PER CURIAM In this action to quiet title to investment property, and for fraud surrounding its conveyance, plaintiffs appeal from a September 15, 2017 Chancery Division order granting defendants' motion to dismiss their complaint with prejudice. For the reasons that follow, we vacate the order and remand the matter for a Lopez hearing 1 to address fact-dependent and credibility-dependent issues of equitable tolling.
Docket No.: a1035-17
Decided: 2019-01-04
Caption: NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.E.M and L.L.
Status: Unpublished
Summary:
PER CURIAM L.L. appeals from an order terminating litigation in this Title 30 and Title 9 action.1 Specifically, L.L. challenges the January 19, 2017 post fact finding order that L.L. abused or neglected his seven-year-old child. Judge Lois Lipton determined that plaintiff, the New Jersey Division of Child Protection and Permanency, had proved that by driving while under the influence of alcohol while his child was unrestrained in the vehicle's rear seat, defendant placed the child in imminent danger, thereby abusing or neglecting him.
Docket No.: a2872-17
Decided: 2019-01-04
Caption: ERIKA LEVIN v. BOARD OF REVIEW DEPARTMENT OF LABOR
Status: Unpublished
Summary:
PER CURIAM Claimant Erika Levin appeals from a February 23, 2018 final decision of the Board of Review (Board) denying her claim for unemployment benefits from her employer, Cherry Hill Township Board of Education t/a Cherry Hill High School East (Cherry Hill) 1 because she left work "without good cause attributable to such work." N.J.S.A. 43:21-5(a). Pertinent to this appeal, the Board determined Cherry Hill had filed a timely appeal. Before us, the Board acknowledges Cherry Hill's appeal was untimely and, accordingly, seeks a remand to reexamine its determination.
Docket No.: a3601-16
Decided: 2019-01-04
Caption: STATE OF NEW JERSEY v. ANDRE NANCE, a/k/a PERNELL L. DARBY, MARK DAVIS, KNOTT KNOTT, ALVIN MANCE SHAUNDY MYRICK, GHENARDI NANCE, KEVIN NANCE, ANDRE A. STARKS, ASMAR STARKS NATHAN L. THOMAS, and SHUNDY MYRICK
Status: Unpublished
Summary:
PER CURIAM Defendant Andre Nance appeals from the denial of his petition for post- conviction relief (PCR) without an evidentiary hearing. For the reasons that follow, we remand for further proceedings.
Docket No.: a4726-16
Decided: 2019-01-04
Caption: SPRING LAKE ENTERPRISES, LLC v. WARD WIGHT SOTHEBY'S INTERNATIONAL REALTY, INC.
Status: Unpublished
Summary:
PER CURIAM Plaintiff Spring Lake Enterprises, LLC (plaintiff or SL Enterprises) appeals from a May 12, 2017 order granting summary judgment to defendants and dismissing its complaint with prejudice under the entire controv ersy doctrine. We reverse.
Docket No.: a4748-16
Decided: 2019-01-04
Caption: ALLIANCE SHIPPERS, INC v. MIDLAND WEST, INC
Status: Unpublished
Summary:
PER CURIAM This matter having been amicably adjusted and the parties having stipulated to the dismissal of this appeal, it is hereby ordered that the appeal is dismissed with prejudice and without costs. Dismissed.
Docket No.: a5071-16
Decided: 2019-01-04
Caption: STATE OF NEW JERSEY v. WILLIAM MCMILLAN
Status: Unpublished
Summary:
PER CURIAM Defendant, William McMillan, appeals from an order that denied his petition for post-conviction relief (PCR). We affirm.
Docket No.: a5389-16
Decided: 2019-01-04
Caption: JOSEPH KOENIG v. HOFFMAN DIMUZIO
Status: Unpublished
Summary:
PER CURIAM Appellant Cadles of Grassy Meadows II, LLC (Cadles), is a judgment creditor of plaintiff Joseph Koenig. Cadles levied on Joseph Koenig's interest in a legal malpractice case that he and his wife, plaintiff Laurie Koenig, brought against defendants Hoffman DiMuzio, Joseph Slachetka and James Carter (collectively "defendants").
Docket No.: a0248-17
Decided: 2019-01-03
Caption: NATIONSTAR MORTGAGE, LLC v. MOSZELL STAGGERS
Status: Unpublished
Summary:
PER CURIAM Appellant 169 Claremont Associates, LLC (Claremont) appeals from the September 8, 2017 order of the Chancery Division denying its motion for relief from the court's January 10, 2017 order vacating a Sheriff's sale in this foreclosure matter. We dismiss the appeal as moot. We derive the following facts from the record. On March 18, 2016, the Chancery Division entered a final judgment of foreclosure in favor of plaintiff Nationstar Mortgage, LLC (Nationstar) with respect to a parcel in Jersey City (the property).
Docket No.: a0689-17
Decided: 2019-01-03
Caption: STATE OF NEW JERSEY v. PAMELA M. TARGAN
Status: Unpublished
Summary:
PER CURIAM Defendant Pamela M. Targan appeals from the Law Division's order entered after a de novo trial on the record. The Law Division found defendant guilty of driving while intoxicated (DWI) in violation of N.J.S.A. 39:4-50. After reviewing defendant's contentions in light of the record and applicable principles of law, we affirm.
Docket No.: a0745-17
Decided: 2019-01-03
Caption: JENNIFER ANDERSON v. BOARD OF TRUSTEES, TEACHERS PENSION AND ANNUITY FUND
Status: Unpublished
Summary:
PER CURIAM Petitioner Jennifer Anderson appeals from a final determination of the Board of Trustees (Board), of the Teachers' Pension and Annuity Fund (TPAF), finding she was not eligible for accidental disability retirement benefits. We affirm.
Docket No.: a1219-17
Decided: 2019-01-03
Caption: STATE OF NEW JERSEY v. MONAUD TOUSSAAINT
Status: Unpublished
Summary:
PER CURIAM Defendant appeals from an order of the Law Division dated September 29, 2017, which denied his petition for post-conviction relief (PCR). We affirm.
Docket No.: a1389-17
Decided: 2019-01-03
Caption: IN THE MATTER OF THE ESTATE OF BARBARA L FLORIMONT, Deceased
Status: Unpublished
Summary:
PER CURIAM We have been advised that this matter has been amicably adjusted and the parties have stipulated to the dismissal of this appeal. Accordingly, the appeal is dismissed with prejudice and without cost.
Docket No.: a2136-17
Decided: 2019-01-03
Caption: IN THE MATTER OF THE APPLICATION OF ALAN SCOTT SHEPPARD SOUTH JERSEY MOTORCARS, LLC
Status: Unpublished
Summary:
PER CURIAM South Jersey Motorcars, LLC, Alan Sheppard, and Scott Sheppard (collectively SJM) appeal from a December 21, 2017 final decision of the Motor Vehicle Commission (MVC), denying an application for a used motor vehicle dealer license (license). The MVC denied the license because SJM's proposed location for the dealership did not satisfy the requirements for a suitable place of business by complying with the firewall regulation in accordance with N.J.A.C. 13:21-15.4(d). We affirm.
Docket No.: a2365-17
Decided: 2019-01-03
Caption: STATE OF NEW JERSEY v. LEMAR S. LESTER
Status: Unpublished
Summary:
PER CURIAM The State appeals from the judgment of conviction dated January 22, 2018, and argues that the sentencing judge mistakenly exercised her discretion by downgrading defendant's offenses pursuant to N.J.S.A. 2C:44-1(f)(2), and sentencing defendant as a second-degree rather than first-degree offender. For the reasons that follow, we reverse and remand the matter to the trial court for resentencing.
Docket No.: a3456-17
Decided: 2019-01-03
Caption: IN THE MATTER OF THE ESTATE OF ANTHONY J. PARUTA
Status: Unpublished
Summary:
PER CURIAM Plaintiff Estate of Anthony J. Paruta appeals from the judge's reconsideration of an order in the Estate's favor that resulted in his vacating that prior order and ruling in favor of defendant Mariangely Littlejohn (nee Torres).1 In the prior order, the judge determined that Littlejohn was not entitled to a bequest made by the testator; in the later order, the judge concluded that she was. We affirm.
Docket No.: a3738-16
Decided: 2019-01-03
Caption: M.C. v. DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES
Status: Unpublished
Summary:
PER CURIAM Over sixty years ago, Chief Justice Vanderbilt observed that New Jersey's appeals system is guided by the general principle that litigants are entitled "to one appeal as of right[.]" State v. Lefante, 14 N.J. 584, 591 (1954). In that appeal, the appellant "must present all arguments in support of his [or her] stand" and, if the party "fails to present all of the points on which he [or she] rests [their] case[,] [the party] is deemed to have waived them and . . . cannot at some later stage in the same proceeding . . . argue points which [the party] has in effect abandoned." Ibid.
Docket No.: a4052-15
Decided: 2019-01-03
Caption: RANDY GOLDBERG v. ROBERT STOLKER
Status: Unpublished
Summary:
PER CURIAM It is commonly said that litigants aren't entitled to perfect trials, only trials free of prejudicial error. Maleki v. Atlantic Gastroenterology Assocs., P.A., 407 N.J. Super. 123, 128 (App. Div. 2009). The trial here was far from perfect. But for the fact that one issue got lost in the shuffle, we are satisfied the parties had a full and fair opportunity to prosecute or defend against all the claims asserted, that the matters were fairly adjudicated, and that the factual findings which underlie the final judgment are deserving of our deference. Except for a need for further proceedings on one discrete issue, we affirm.
Docket No.: ouch
Decided: 2019-01-16
Caption: ARTHUR G. NEVINS, JR. v. DIRECTOR, DIVISION OF TAXATION
Summary:
BIANCO, J.T.C.
This opinion shall serve as the court’s determination of cross-motions for summary
judgment concerning the appeal by plaintiffs, Arthur G. Nevins, Jr., and Amanda Nevins (the
“Nevinses”), of the final determination by defendant, the Director of the Division of Taxation (the
“Director”) with regard to the Nevinses’ 2008 New Jersey gross income tax (“GIT”). The
Nevinses move to bar the Director’s claim for the GIT deficiency and to annul the Director’s final
determination, alleging that the Director failed to timely assess their 2008 GIT within the
applicable limitations period under N.J.S.A. 54A:9-4(a).
Docket No.: 012578-13
Decided: 2019-01-11
Caption: Rafael Allsion J. Ortiz v. Rahway City
Summary:
This letter opinion constitutes the court’s decision following trial in the above-referenced
matters. Plaintiffs, Rafael and Allsion J. Ortiz, challenge the local property tax assessments on
their single-family residence for the 2013, 2014, 2015, and 2016 tax years.
Docket No.: 09897-17
Decided: 2019-01-08
Caption: BARBARA J. HERTZ v. BOROUGH of LINCOLN PARK
Summary:
BIANCO, J.T.C.
This opinion shall serve as the court’s determination concerning the appeal by plaintiff,
Barbara J. Hertz (”Mrs. Hertz”), to the denial of her 2017 Farmland Assessment application by the
Municipal Tax Assessor (the “Assessor”) of defendant, Borough of Lincoln Park (“Lincoln Park”).
The denial was affirmed by the Morris County Board of Taxation (the “Board”). This appeal
pertains to Mrs. Hertz’s property located at 77 Orchard Drive, Lincoln Park, Morris County, New
Jersey, and designated by Lincoln Park as Block 3, Lot 22 (the “Subject Property”). In the
alternative, Mrs. Hertz challenges the Subject Property’s local property tax assessment. The court
has bifurcated the issues and will address the Farmland Assessment challenge first.
Docket No.: 13075-15
Decided: 2019-01-08
Caption: ARTHUR G. NEVINS, JR. v. DIRECTOR, DIVISION OF TAXATION
Summary:
BIANCO, J.T.C.
This opinion shall serve as the court’s determination of cross-motions for summary
judgment concerning the appeal by plaintiffs, Arthur G. Nevins, Jr., and Amanda Nevins (the
“Nevinses”), of the final determination by defendant, the Director of the Division of Taxation (the
“Director”) with regard to the Nevinses’ 2008 New Jersey gross income tax (“GIT”). The
Nevinses move to bar the Director’s claim for the GIT deficiency and to annul the Director’s final
determination, alleging that the Director failed to timely assess their 2008 GIT within the
applicable limitations period under N.J.S.A. 54A:9-4(a). In opposition, the Director moves to
dismiss the complaint with prejudice claiming that, exceptions to the statute of limitations under
N.J.S.A. 54A:9-4(c) apply as the Nevinses failed to report to the New Jersey Division of Taxation.
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