Recent Decisions of the New Jersey Appellate Courts
from 2023-09-16
to 2023-09-30
Docket No.: a3422-21
Decided: 2023-09-26
Caption: JUSTIN ZIMMERMAN v. MICHAEL PATRICK DIVINEY
Status: Published
Summary:
MAWLA, J.A.D. In A-3422-21, defendants Michael Patrick Diviney and Property Damage Adjusters, Inc. (PDA) appeal from a June 8, 2022 final agency decision by the New Jersey Department of Banking and Insurance (DOBI), finding defendants violated the New Jersey Public Adjuster's Licensing Act (PALA), N.J.S.A. 17:22B-1 to -20. In A-3664-21, defendants Joseph Vulpis and Diversified Public Adjusters LLC (DPA) appeal from a June 20, 2022 final decision by DOBI, finding defendants in violation of PALA. The two appeals raise overlapping issues and therefore were argued together. We affirm in part, and reverse and remand in part for the reasons expressed in this opinion.
Docket No.: a1601-21
Decided: 2023-09-28
Caption: IN THE MATTER OF THE CIVIL COMMITMENT OF G.B.
Status: Unpublished
Summary:
PER CURIAM G.B. appeals from the January 3, 2022 order continuing his involuntary commitment in the Special Treatment Unit (STU) pursuant to the Sexually Violent Predator Act (SVPA), N.J.S.A. 30:4-27.24 to -27.38.1 We affirm, substantially for the reasons stated by the trial court in its December 31, 2021 oral opinion.
Docket No.: a1942-22
Decided: 2023-09-28
Caption: STATE OF NEW JERSEY v. LUIS BASTIDAS
Status: Unpublished
Summary:
PER CURIAM Defendant appeals from the trial court's January 27, 2023 order vacating his guilty plea over his objection. We determine that the trial court erred, in exercising its discretion, and vacate the vacatur and remand for further proceedings.
Docket No.: a2771-21
Decided: 2023-09-28
Caption: HELEN NISSENBAUM v. TRUSTEES OF PRINCETON UNIVERSITY
Status: Unpublished
Summary:
PER CURIAM Plaintiff, Helen Nissenbaum, a Princeton resident, appeals from a March 29, 2022 order dismissing her complaint in lieu of prerogative writs against defendants Trustees of Princeton University (Princeton) and Princeton Planning Board (Planning Board). After considering the record and the applicable law, we affirm.
Docket No.: a3320-20
Decided: 2023-09-28
Caption: DUANE SYKES v. GEORGE HARMS CONSTRUCTION COMPANY INC.
Status: Unpublished
Summary:
ACCURSO, P.J.A.D. Petitioner, Duane Sykes, appeals from the New Jersey Division of Workers' Compensation's July 14, 2021 order, following a testimonial hearing, denying him medical and temporary benefits for injuries allegedly suffered in the course of his employment for respondent, George Harms Construction Company Inc. Petitioner contends the court made factual findings unsupported by the record, misapplied controlling caselaw, reached a conclusion contrary to the legislative intent of The Workers' Compensation Act, N.J.S.A. 34:15-1 to -147, and failed to protect him from respondent's bad faith. We disagree and affirm, largely for the reasons expressed in Judge Robertson's comprehensive opinion delivered from the bench on June 30, 2021.
Docket No.: a1029-22
Decided: 2023-09-27
Caption: PHILIP HAHN v. BERGEN REGIONAL MEDICAL CENTER
Status: Unpublished
Summary:
PER CURIAM Plaintiff Philip Hahn appeals from a November 17, 2022 order by the Bergen County assignment judge dismissing his "Notice of Motion" as frivolous pursuant to an order entered by a prior assignment judge. We affirm.
Docket No.: a2437-21
Decided: 2023-09-27
Caption: SHAKEEL MOHAMMED v. BARBARA SUTTON
Status: Unpublished
Summary:
PER CURIAM Plaintiff Shakeel Mohammed appeals the trial court's March 25, 2022 Orders dismissing his complaints against his tenants, defendants Michael DiSalvo, Michael and Dara Selementi, and Michael and Barbara Sutton with prejudice. Plaintiff argues the court erred in finding the rent increase for defendants was unconscionable using the standard we established in Fromet Properties, Inc. v. Buel, 294 N.J. Super. 601 (App. Div. 1996). For the reasons that follow, we affirm.
Docket No.: a3513-21
Decided: 2023-09-27
Caption: NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.S and J.B.
Status: Unpublished
Summary:
PER CURIAM Defendant A.S., 1 the biological mother of J.B. (Joe), who was born in August 2016, appeals from the June 27, 2022, judgment of guardianship terminating her parental rights to the child. 2 Defendant contends the Division of Child Protection and Permanency (Division) failed to prove prong three of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence because it failed to provide reasonable services to A.S. and failed to consider reasonable alternatives to termination. The Law Guardian supports the termination on appeal as it did before the trial court. Based on our review of the record and applicable law, we are satisfied the record evidence supports the decision to terminate defendant's parental rights. Accordingly, we affirm substantially for the reasons set forth by Judge Thomas J. Walls, Jr. in his thorough and well-reasoned, 115-page opinion rendered on
June 27, 2022.
Docket No.: a1009-20
Decided: 2023-09-26
Caption: STATE OF NEW JERSEY v. SHAQUAY A. PROCTOR
Status: Unpublished
Summary:
PER CURIAM Defendant Shaquay Proctor appeals his jury trial convictions for third - degree possession of controlled dangerous substances (CDS) – heroin and cocaine, N.J.S.A. 2C:35-10(a)(1), second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b)(1), and disorderly persons possession of marijuana, N.J.S.A. 2C:35-10(a)(4), claiming prosecutorial misconduct denied him a fair trial. We affirm because the prosecutor's remarks during trial either were responses to defendant's implied trial strategy, did not improperly bolster a State witness's testimony, or were properly cured by the trial judge.
Docket No.: a1481-21
Decided: 2023-09-26
Caption: PAUL KRAVITS v. PRINCETON BLUE, INC
Status: Unpublished
Summary:
PER CURIAM Plaintiff Paul Kravits appeals from two December 1, 2021 orders of the Law Division dismissing his complaint with prejudice for failure to state a claim upon which relief can be granted. We reverse.
Docket No.: a2425-21
Decided: 2023-09-26
Caption: LOUIS JEAN VENANT v. JEAN C. VENANT
Status: Unpublished
Summary:
PER CURIAM This partition action stems from a family feud regarding the ownership of a two-family home located on Berwick Street in Orange (Berwick Property). In July 2020, plaintiffs Louis Jean Venant and his wife, Rose N. Venant, filed a Chancery Division complaint against defendant Jean C. Venant and his then wife, Marie E. Venant. In their complaint, plaintiffs sought partition through the sale of the Berwick Property, which was jointly purchased by the couples in 1985. Defendant filed a counterclaim, seeking reformation of the deed , thereby declaring him the "legal and equitable owner of the Berwick . . . Property." Thereafter, defendant amended his counterclaim to assert alternate relief. In the second count of his amended counterclaim, defendant demanded apportionment of the proceeds, following a court-ordered sale of the Berwick Property, to compensate him for certain expenses incurred during the parties' ownership of the property. Following a five-day bench trial, Judge Jodi Lee Alper granted plaintiffs' application to partition the Berwick Property, thereby denying defendant's application to reform the deed. The judge also ordered the sale of the property and equal distribution of the net proceeds, subject to a $151,892 credit for defendant's expenditures. Defendant now appeals from a February 25, 2022 order, contending the judge's findings in the accompanying written decision were unsupported by the evidence. Alternatively, defendant argues the judge failed to declare him the sole owner of the property pursuant to equitable principles. Because we conclude there is sufficient support in the record to justify the trial judge's decision, we affirm.
Docket No.: a3010-21
Decided: 2023-09-26
Caption: K.O v. DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES, and MORRIS COUNTY OFFICE OF TEMPORARY ASSISTANCE -
Status: Unpublished
Summary:
PER CURIAM K.O.1 appeals from the August 6, 2021 final agency decision of the Assistant Commissioner of the Division of Medical Assistance and Health Services (DMAHS), which affirmed the Morris County Office of Temporary Assistance's (OTA) denial of K.O.'s Medicaid benefits, and reversed the
Administrative Law Judge's (ALJ) initial decision vacating that denial. After a
review of the record and applicable law, we reverse and remand to provide K.O.
the opportunity to complete the Medicaid benefits application process.
Docket No.: a1307-21
Decided: 2023-09-25
Caption: SHORE POINT INN, INC v. HEILONGJIANG BARN, LLC
Status: Unpublished
Summary:
PER CURIAM Defendant Heilongjiang Barn, LLC ("HBLLC") appeals from the trial court's orders dated April 23, 2021, and July 13, 2021, denying its motion to transfer the landlord-tenant action to the Law Division to consolidate the case with defendant's pending action against plaintiff Shore Point Inn, Inc. ("Shore Point"). HBLLC further appeals the November 16, 2021 order granting Shore Point a judgment of possession. Based on our review of the record and applicable legal principles, we vacate without prejudice the judgment of possession, reverse the orders denying HBLLC's motion to transfer the action to the Law Division, and remand for further proceedings.
Docket No.: a2620-22
Decided: 2023-09-25
Caption: STATE OF NEW JERSEY v. MAURICE HOWARD
Status: Unpublished
Summary:
PER CURIAM The State appeals the trial court's denial of its motion to disqualify John S. Furlong, Esquire as defense counsel. The alleged conflict concerns a situation in which defense counsel represents two separate defendants, under two separate indictments pending in the same county. The State contends there exists a conflict of interest for Furlong to represent two separately indicted defendants in these unrelated matters, where one defendant in a case may serve as a witness for the State at the other defendant's trial.
Docket No.: a3001-21
Decided: 2023-09-25
Caption: DANIEL GINZBURG, v. GOLDEN ARROW, LLC,
Status: Unpublished
Summary:
PER CURIAM Plaintiff Daniel Ginzburg, on behalf of P.G., a minor, appeals from the April 29, 2022 trial court order dismissing plaintiff's complaint for lack of personal jurisdiction and under the doctrine of forum non conveniens. Based on our review of the record and the applicable legal principles, we vacate and remand for further proceedings.
Docket No.: a3086-21
Decided: 2023-09-25
Caption: STATE OF NEW JERSEY v. OLIVER JACKSON
Status: Unpublished
Summary:
PER CURIAM Defendant Oliver Jackson appeals from an order denying his post- conviction relief (PCR) petition without an evidentiary hearing. In rejecting defendant's PCR petition, the PCR judge, Judge Martha Lynes, issued a written opinion addressing defendant's arguments, which he reprises in this appeal. We affirm substantially for the reasons set forth in Judge Lynes's thorough opinion.
Docket No.: a3893-21
Decided: 2023-09-25
Caption: FRESH DISPENSARY EATONTOWN LLC v. BOROUGH OF EATONTOWN
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 to either party.
Docket No.: a0305-22
Decided: 2023-09-22
Caption: STATE OF NEW JERSEY v. BRANDON MARONEY
Status: Unpublished
Summary:
PER CURIAM On the night of July 11, 2020, at about 11:30 p.m., a group of friends, including brothers Michael and Tyler McCreery, left a house party in Mount Olive. While walking back to their car, they called out to a friend standing across the street, to advise him not to drink and drive. Another group of partygoers, including defendant and Nicholas Molinari were standing nearby. The two groups did not know each other before this incident. Defendant's group took offense to the McCreerys' comments about driving drunk, perceiving a slight. The groups exchanged words, some moderate pushing may have occurred, and then the McCreerys' group turned away and continued walking to their car.
Docket No.: a0503-21
Decided: 2023-09-22
Caption: NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. E.A and P.A,
Status: Unpublished
Summary:
ACCURSO, P.J.A.D. Defendant P.A. appeals from the Family Part's April 8, 2020 order entered after a fact-finding trial that he abused and neglected his sixteen-year- old daughter E.A. (Evelyn) in violation of N.J.S.A. 9:6-8.21(c) by engaging in acts of sexual abuse.1 Because we agree with the Division of Child Protection and Permanency and the law guardian that there is substantial credible evidence in the record to support Judge Cavanaugh's finding of abuse and neglect, we affirm.
Docket No.: a2704-21
Decided: 2023-09-22
Caption: TIMOTHY J. ROBBINS v. GINGER L. JONES
Status: Unpublished
Summary:
PER CURIAM This appeal arises out of a family dispute concerning the inter vivos transfer of a farm and farmland property. Plaintiffs Timothy J. Robbins and Kimberly J. Williams, two of defendant Dorothy D. Robbins's three children, appeal from the April 14, 2022 Chancery Division order denying their mot ion for reconsideration of the March 4, 2022 order granting summary judgment to defendants Ginger J. Jones, Dorothy's daughter, Jenna Jones, Dorothy's granddaughter, and Dorothy. 1 Because we conclude there are genuine issues of material fact that precluded judgment as a matter of law under Rule 4:46-2(c), and discovery is incomplete, we reverse and remand.
Docket No.: a3240-21
Decided: 2023-09-22
Caption: DANIEL BATTAGLIA v. CODY AVERSA
Status: Unpublished
Summary:
PER CURIAM Defendant Cody Aversa appeals a March 21, 2022 Special Civil Part judgment in the amount of $16,700 entered in favor of plaintiff Daniel Battaglia. After considering the record against the applicable legal principles , we affirm.
Docket No.: a0797-22
Decided: 2023-09-21
Caption: SOUTHERN OCEAN MEDICAL CENTER v. THE ESTATE OF JULIUS PARKER
Status: Unpublished
Summary:
PER CURIAM Defendants Estate of Julius Parker and Susan Parker, decedent's widow, appeal from the trial court's November 9, 2022 order granting summary judgment in favor of plaintiff Southern Ocean Medical Center. Following our review of the record and applicable legal principles, we conclude there are no genuine issues of material fact that precluded judgment as a matter of law under Rule 4:46-2(c), and we affirm.
Docket No.: a1065-21
Decided: 2023-09-21
Caption: STATE OF NEW JERSEY v. O.F.P.
Status: Unpublished
Summary:
PER CURIAM 1 We use initials pursuant to N.J.S.A. 2A:82-46 and Rule 1:38-3(c)(9). Defendant O.F.P. appeals from an April 14, 2021 order, denying a motion to suppress DNA evidence obtained from a buccal swab he gave police and challenges the financial penalty imposed as part of his sentence. We affirm in part and reverse and remand in part, for the reasons expressed in this opinion.
Docket No.: a1400-21
Decided: 2023-09-21
Caption: STATE OF NEW JERSEY v. LARRY JONES
Status: Unpublished
Summary:
PER CURIAM Defendant appeals from the October 27, 2021 order denying his motion to change his sentence. We affirm.
Docket No.: a1996-21
Decided: 2023-09-21
Caption: JENNIFER WOO-PADVA v. MIDLAND FUNDING, LLC
Status: Unpublished
Summary:
PER CURIAM Plaintiff Jennifer Woo-Padva paid in full a credit-card debt she initially owed to HSBC Bank (HSCB) after defendant Midland Funding LLC (Midland) had purchased her defaulted account. In a purported class-action complaint, she claimed Midland had violated the New Jersey Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -227, and was unjustly enriched by collecting on that debt because Midland was not then licensed pursuant to the New Jersey Consumer Finance Licensing Act (CFLA), N.J.S.A. 17:11C-1 to -49. Plaintiff appeals from an August 4, 2020 order granting Midland's motion to strike the class allegations in the complaint; a June 2, 2021 order denying her motion for leave to amend her class-action allegations; and a January 21, 2022 order denying her summary-judgment motion and granting defendant's cross-motion for summary judgment. Reviewing the summary-judgment motions de novo, we affirm the January 21, 2022 order.
Docket No.: a3301-21
Decided: 2023-09-21
Caption: 10 MILLPOND DRIVE, LLC v. LAMSON AIRTUBES, LLC,
Status: Unpublished
Summary:
PER CURIAM In this action involving the breach of a commercial lease, defendant Scott Begraft challenges the Law Division's May 26, 2022 judgment that awarded $125,065.40 to plaintiff 10 Millpond Drive, LLC, and dismissed his counterclaims. After considering the record against the applicable legal principles, we affirm in part, reverse in part, and remand for further proceedings consistent with our opinion.
Docket No.: a0005-22
Decided: 2023-09-20
Caption: CARLOS A. TERRANOVA v. SKYLINE RESTORATIONS, INC.
Status: Unpublished
Summary:
VERNOIA, J.A.D. By leave granted, One Team Restoration, Inc. (One Team), a subcontractor of Skyline Restoration, Inc. (Skyline) on a construction project , appeals from an order granting Skyline summary judgment on its crossclaims asserting One Team is contractually obligated to defend and indemnify Skyline for the causes of action asserted by plaintiff Carlos A. Terranova, an employee of another subcontractor, Iron Works FE Corp. (Iron Works), who allegedly suffered injuries while working at the project. One Team also appeals from an order denying its motion for reconsideration of the summary judgment order. Based on our de novo review of the summary judgment record, we reverse and remand for further proceedings.
Docket No.: a1425-21
Decided: 2023-09-20
Caption: DAVID RAGO AUCTIONS INC., v. DEXTER HUTCHISON
Status: Unpublished
Summary:
PER CURIAM In this matter involving the online auction sale of an antique Dominique chest, defendants appeal from a Law Division order denying reconsideration of a summary judgment order entered in favor of plaintiff, David Rago Auctions, Inc., that allowed its proper corporate name to be added to the judgment. The order also denied defendants', Dexter Hutchinson and Idyllic Studios, cross- motion to dismiss the complaint with prejudice. Defendants contend that because plaintiff conducted the auction under a trade name that was not registered in New Jersey in accordance with N.J.S.A. 14A:2-2.1, the motion court lacked jurisdiction over the proceedings that resulted in the initial grant of summary judgment warranting vacatur of the judgment and dismissal of the complaint. After considering defendants' arguments in light of the record, we disagree and affirm.
Docket No.: a1585-21
Decided: 2023-09-20
Caption: STATE OF NEW JERSEY v. EDWIN ESTRADA
Status: Unpublished
Summary:
PER CURIAM Defendant Edwin Estrada appeals the trial court's November 19, 2021 order denying his petition for post-conviction relief (PCR). Defendant, who was convicted of aggravated manslaughter, claims his trial attorney failed to provide him with effective assistance of counsel at sentencing. We affirm, substantially for the reasons set forth in the PCR judge's written decision accompanying his order.
Docket No.: a1886-21
Decided: 2023-09-20
Caption: BARBARA SHERER v. PHILIP SHERER
Status: Unpublished
Summary:
PER CURIAM In this post-judgment matrimonial matter, defendant Philip Sherer appeals from a January 21, 2022 order, denying his motion to terminate or reduce his alimony obligation and granting a cross-motion filed by his former spouse, plaintiff Barbara Sherer, to enforce his support obligations under the parties' judgment of divorce (JOD). We affirm, substantially for the reasons expressed by Judge Stacey D. Adams in her thoughtful written opinion.
Docket No.: a2699-22
Decided: 2023-09-20
Caption: STATE OF NEW JERSEY v. DANDEL M. GRIMSLEY
Status: Unpublished
Summary:
PER CURIAM By leave granted, the State appeals from the Law Division's May 1, 2023 order granting defendants Dandel Grimsley and Mateen Malik's motion for severance of their scheduled joint trial. We affirm.
Docket No.: a3423-21
Decided: 2023-09-20
Caption: JACLYN LEBRON v. JOSEPH LEBRON
Status: Unpublished
Summary:
PER CURIAM Defendant Joseph Lebron appeals from the June 1, 2022 Judgment of Divorce, which the trial court entered after conducting a multi-day evidentiary hearing. On appeal, defendant contends that the court "abused its discretion in calculating" the amount of alimony and child support he was required to pay plaintiff Jaclyn Lebron. Defendant also asserts the court "abused its discretion in equitably distributing the [parties'] marital assets by improperly calculating the alimony and child support awards." Based on our review of the record and the applicable law, we conclude that defendant's arguments are without sufficient merit to warrant extended discussion in a written opinion. R. 2:11-3(e)(1)(E). We affirm substantially for the reasons set forth in the trial court's thorough oral decision, which it rendered on May 18 and 19, 2022.
Docket No.: a1594-22
Decided: 2023-09-19
Caption: NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. G.F and D.L.
Status: Unpublished
Summary:
PER CURIAM Defendant G.F. is the biological parent of K.L. 1 Defendant appeals from the November 16, 2022 judgment of guardianship terminating her parental rights to the child. Defendant contends that the Division of Child Protection and Permanency (Division) failed to prove the fourth prong of N.J.S.A. 30:4C - 15.1(a) by clear and convincing evidence. The Law Guardian supports the termination on appeal as it did before the trial court.
Docket No.: a1698-22
Decided: 2023-09-19
Caption: STATE IN THE INTEREST OF T.W.
Status: Unpublished
Summary:
PER CURIAM By leave granted, we consider the propriety of the Law Division's February 3, 2023 order denying T.W.'s request to appear virtually at her trial, and instead compelling her to appear in-person or be faced with the issuance of a bench warrant and arrest should she not comply. Because we conclude the court abused its discretion in denying T.W.'s request to appear virtually, we reverse and remand for proceedings consistent with this opinion.
Docket No.: a1848-22
Decided: 2023-09-19
Caption: STATE OF NEW JERSEY v. D.A.B.
Status: Unpublished
Summary:
PER CURIAM The State appeals the trial court's February 8, 2023 order dismissing this prosecution with prejudice. The dismissal was ordered as a sanction for what the trial court determined was the State's "purposeful" misleading conduct in withholding from defense counsel that the alleged victim had notified the State through her attorney in writing that she would not testify against defendant if she were subpoenaed to testify at his trial. For reasons that follow, we affirm the court's ruling.
Docket No.: a1930-21
Decided: 2023-09-19
Caption: ROBERT J. TRIFFIN v. GARDEN STATE PAIN CONTROL CENTER, P.A.
Status: Unpublished
Summary:
PER CURIAM Plaintiff Robert J. Triffin appeals from the January 11, 2021 order dismissing his complaint after a bench trial, in which the court found plaintiff failed to establish liability for the face amount of a dishonored check he had purchased. We affirm substantially for the reasons expressed in the court's comprehensive oral decision issued that same date.
Docket No.: a0520-19
Decided: 2023-09-18
Caption: STATE OF NEW JERSEY v. CARLOS MCCLEAN
Status: Unpublished
Summary:
PER CURIAM A jury convicted defendant Carlos McClean of felony murder, armed robbery, and weapons offenses for his part in the stranger-to-stranger, back-alley shooting death of Jonathan Matildes and armed robbery of Jaime Esteban during the pre-dawn hours of August 22, 2015, in Irvington.
Docket No.: a0589-20
Decided: 2023-09-18
Caption: S.C v. DEPARTMENT OF CHILDREN AND FAMILIES -
Status: Unpublished
Summary:
ACCURSO, P.J.A.D. This administrative abuse and neglect matter returns to us following the Supreme Court's remand to the Department of Children and Families, Division of Child Protection and Permanency to "provide[] greater clarity" of the basis for its investigatory conclusion that the 2016 allegation that S.C. physically
abused her son Luke was "not established," and to allow her "an informal
opportunity . . . to rebut and/or supplement the record" in advance of any final
finding, thus permitting the "development of a proper record that can be
reviewed on appeal for abuse of discretion." S.C. v. New Jersey Dep't of
Children $1 Families, 242 N.J. 201, 212, 240 (2020). That process now
complete, S.C. again appeals, contending the Division's readopted finding is
not supported by any credible evidence. Because we cannot find the Division
abused its discretion in coming to its investigatory conclusion on remand, we
affirm.
Docket No.: a2463-21
Decided: 2023-09-18
Caption: CLAUDETTE PARKER v. BOARD OF REVIEW DEPARTMENT OF LABOR
Status: Unpublished
Summary:
PER CURIAM Claudette Parker appeals from the March 9, 2022, final agency decision of the Board of Review (Board), Department of Labor, dismissing her appeal of the Appeal Tribunal's (Tribunal's) ruling because the appeal was not filed within the strict time frame prescribed by N.J.S.A. 43:21-6(c). We affirm.