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Docket No.: a5508-06
Decided: 2008-05-02
Caption: MILFORD MILL 128, LLC v. BOROUGH OF MILFORD
Status: published
Summary:
SABATINO, J.A.D.
Plaintiff Milford Mill 128, LLC, the contract purchaser of property designated for redevelopment in the Borough of Milford ("Borough"), appeals an order issued by the Law Division on May 23, 2007. The order in question dismissed plaintiff's lawsuit against the Borough and the Borough's Joint Planning Board and Zoning Board of Adjustment ("the Joint Board") concerning the subject property, insofar as the lawsuit challenged the Borough's present redevelopment plan. We affirm the judge's order, without prejudice to plaintiff or the title owner bringing a potential inverse condemnation action against the municipality, or other future proceedings raising new issues.
Docket No.: a2994-06
Decided: 2008-04-30
Caption: NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. I.Y.A.
Status: published
Summary:
GRAVES, J.A.D.
Defendant I.Y.A. is the mother of two sons: T.L. (fictitiously, Tyler), born on July 19, 1994, is now thirteen years old, and K.L. (fictitiously, Kevin), born on January 25, 2000, is now eight years old. I.Y.A. appeals from a fact-finding order entered on November 27, 2006, memorializing the trial court's determination that she "abused or neglected" her children, and a final order entered on December 11, 2006, terminating the protective services litigation and awarding custody of the children to their father, J.L., who resides in Korea.
Docket No.: a4504-06
Decided: 2008-04-29
Caption: HAWTHORNE PBA LOCAL 200 v. BOROUGH OF HAWTHORNE
Status: published
Summary:
WINKELSTEIN, J.A.D.
In this appeal, the court is asked to decide the validity of an ordinance that authorizes the mayor of the Borough of Hawthorne to appoint and promote Borough police officers. Plaintiff, the officers' collective bargaining representative, claims that police officers may only be appointed and promoted by an ordinance enacted by the governing body, which is the Borough council. The controversy implicates the interplay between the Optional Municipal Charter Law, commonly referred to as the Faulkner Act, N.J.S.A. 40:69A-1 to -210, and N.J.S.A. 40A:14-118, a general law that addresses the creation of municipal police departments and their internal structures. Judge Thomas Brogan found that the ordinance was valid. We agree. We conclude that under the Borough's mayor-council form of government, the governing body may, by ordinance, delegate to the mayor the authority to make appointments to and promotions within the municipal police department.
Chapter 11 of the Borough Code establishes a Department of Public Safety, within which is included, "under the direct supervision and control of the Mayor," both the police department and the fire department. In 1999, the Borough council adopted chapter 44 of the Borough Code, which states that the head of the police department, to be known as the "Chief of Police," would be directly responsible to the mayor as the "appropriate authority." The ordinance vests the mayor with the power to appoint and promote police officers.
On May 17, 2006, the Borough Code was amended by Ordinance 1871-06. The ordinance restated that the head of the police department is the chief of police, who is directly responsible to the mayor as the appropriate authority. Although the ordinance continued to vest the powers of appointment and promotion in the mayor, it placed limits on that authority, precluding the mayor from promoting any member of the police department "to a rank other than the rank immediately succeeding the rank then held by the member." The ordinance also identified the number of persons eligible to hold each rank.
In October 2006, plaintiff filed suit seeking to set aside Ordinance 1871-06, asserting that only the Borough council had the authority to appoint and promote police officers. The Borough responded that appointments and promotions of police officers were an executive function of the mayor, not a legislative function of the Borough council. The Borough further asserted that plaintiff's complaint was procedurally barred, as not having been filed as a prerogative writ action within forty-five days of the passage of the ordinance. See R. 4:69-6(a) ("[n]o action in lieu of prerogative writs shall be commenced later than 45 days after the accrual of the right to the review").
The trial court addressed the issues on cross-motions for summary judgment. In its oral decision on March 16, 2007, memorialized in an order of that date, the court concluded that appointment of police officers was "a permissible allocation of power to the mayor." The court determined not to dismiss the complaint as untimely, observing that "if there is . . . an improper, or an invalid statute on the books," the complaint challenging that statute should be addressed substantively.
We begin our discussion with the Borough's procedural argument that because plaintiff failed to file a timely action in lieu of prerogative writs, the complaint should be dismissed.
Docket No.: a5162-06
Decided: 2008-04-29
Caption: PENN NATIONAL INSURANCE COMPANY v. FRANK COSTA
Status: published
Summary:
LINTNER, P.J.A.D.
The issue here requires us to determine whether coverage should be afforded under an automobile liability insurance policy or under a homeowner's insurance policy. The motion judge, relying on Wakefern Food Corp. v. Gen. Accident Group, 188 N.J. Super. 77 (App. Div. 1983), found that, because the accident arose from the negligent accumulation of ice and snow, coverage for personal injury liability to a third party fell under the homeowner's policy and not the automobile policy. We reverse and remand for entry of judgment in favor of the homeowner's insurance carrier.
The facts are undisputed and relatively straightforward. On January 20, 2004, Frank Costa was changing a flat tire on his Ford pickup truck located in his driveway. At the time, Costa was the owner of Fleet Truck and Trailer Repair, a business that repairs eighteen-wheelers, which is located next to Costa's home. Ernest Arians was a mechanic employed by Costa's business. Arians was on lunch break, walking on the driveway in the vicinity of Costa when he noticed Costa was replacing the tire. As he approached Costa, he asked Costa if he needed any help. While Costa responded, "No, I'll do it, I'll take care of it, go to lunch," Arians slipped on ice and fell forward, striking his head on the top of the post of the bumper jack protruding from behind the pickup truck. Arians sustained multiple face, head, and skull fractures, requiring surgical intervention and causing him to lapse into a coma, develop blood clots, and suffer from cognitive and mental deficits.
Docket No.: a2288-06
Decided: 2008-04-28
Caption: JANON FISHER v. DIVISION OF LAW
Status: published
Summary:
SKILLMAN, P.J.A.D.
The Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, authorizes a public agency to impose a "special service charge" if a response to a request for production of government records will involve an "extraordinary expenditure of time and effort." N.J.S.A. 47:1A-5(c). However, this charge must be "reasonable." Ibid. The primary issue presented by this appeal is whether it was reasonable for the Division of Law to assign responsibility for retrieval and review of e-mails and computer files responsive to an OPRA request to the assistant and deputy attorneys general who had prepared those records. We conclude that the Division reasonably determined that those attorneys could identify the records responsive to the OPRA request and any privileged parts of those records more expeditiously and reliably than clerical staff or the Division's Custodian of Records. Therefore, the special service charge for production of those records was properly based on the time expended by the assistant and deputy attorneys general in retrieving and reviewing the requested government records.
On March 14, 2004, appellant, who is a freelance journalist, submitted a request to the Division of Law, Department of Law and Public Safety, for production under the OPRA of an expansive list of government records relating to the assignment of deputy attorneys general to the Government Records Council (Council) and the Division's representation of that state agency. Appellant requested:
Docket No.: a2448-06
Decided: 2008-04-28
Caption: JANON FISHER v. DIVISION OF LAW
Status: published
Summary:
SKILLMAN, P.J.A.D.
The Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, authorizes a public agency to impose a "special service charge" if a response to a request for production of government records will involve an "extraordinary expenditure of time and effort." N.J.S.A. 47:1A-5(c). However, this charge must be "reasonable." Ibid. The primary issue presented by this appeal is whether it was reasonable for the Division of Law to assign responsibility for retrieval and review of e-mails and computer files responsive to an OPRA request to the assistant and deputy attorneys general who had prepared those records. We conclude that the Division reasonably determined that those attorneys could identify the records responsive to the OPRA request and any privileged parts of those records more expeditiously and reliably than clerical staff or the Division's Custodian of Records. Therefore, the special service charge for production of those records was properly based on the time expended by the assistant and deputy attorneys general in retrieving and reviewing the requested government records.
On March 14, 2004, appellant, who is a freelance journalist, submitted a request to the Division of Law, Department of Law and Public Safety, for production under the OPRA of an expansive list of government records relating to the assignment of deputy attorneys general to the Government Records Council (Council) and the Division's representation of that state agency. Appellant requested:
Docket No.: a0172-07
Decided: 2008-05-02
Caption: ISIS A. LLANOS v. ALEJANDRO TORRES, JR.
Status: unpublished
Summary:
PER CURIAM This is an appeal by defendant Alejandro Torres, Jr., of a final restraining order (FRO) issued against him pursuant to the Prevention of Domestic Violence Act (Act), N.J.S.A. 2C:25-17 to -35. The FRO prohibits defendant from, among other things, having any contact with plaintiff, Isis Llanos, who was pro se on appeal. For the reasons that follow, we affirm.
Docket No.: a0186-07
Decided: 2008-05-02
Caption: GERALDINE R. ZESKAND et al. v. MIDGE BROOKS
Status: unpublished
Summary:
PER CURIAM Plaintiff Geraldine Zeskand appeals from a September 4, 2007 order. That order dismissed her personal injury complaint following a March 16, 2007 order that granted defendant Michael DiMaiolo's motion for summary judgment. We reverse and remand for further proceedings consistent with this opinion.
Docket No.: a0425-06
Decided: 2008-05-02
Caption: STATE OF NEW JERSEY v. RICKEY WEAVER
Status: unpublished
Summary:
PER CURIAM Defendant Rickey Weaver appeals from an order denying his petition for post-conviction relief. A jury found defendant and his codefendant, Spencer Lee Horne, guilty of first-degree robbery, N.J.S.A. 2C:15-1, and fourth-degree possession of an imitation firearm for an unlawful purpose, N.J.S.A. 2C:39-4e. We affirmed defendant's conviction and sentence on appeal, and the Supreme Court denied his petition for certification. State v. Weaver, No.
Docket No.: a1156-03
Decided: 2008-05-02
Caption: ATLANTIC CITY ELECTRIC CO. v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION
Status: unpublished
Summary:
PER CURIAM The court having been advised that this matter has been amicably settled by the parties, the appeal is dismissed with prejudice and without costs consistent with the parties' stipulation of settlement.
Docket No.: a1882-07
Decided: 2008-05-02
Caption: STATE OF NEW JERSEY v. BENJAMIN R. SEARLES, JR.
Status: unpublished
Summary:
PER CURIAM Defendant appeals pursuant to leave granted from a trial court order rejecting his plea agreement and returning the matter to the regular criminal list. After reviewing the record in light of the contentions advanced on appeal, we affirm.
Docket No.: a3065-06
Decided: 2008-05-02
Caption: STATE OF NEW JERSEY v. ORLANDO SANTIAGO
Status: unpublished
Summary:
PER CURIAM In 1999, defendant was indicted under indictment 99-12-1425-I for second-degree eluding, in violation of N.J.S.A. 2C:29-2(b), and two counts of second-degree aggravated assault, one in violation of N.J.S.A. 2C:12-1(b)(1) and the other in violation of N.J.S.A. 2C:12-1(b)(6). The indictment also charged defendant with three third-degree offenses.
Docket No.: a3095-06
Decided: 2008-05-02
Caption: STATE OF NEW JERSEY v. SEAN QUINN
Status: unpublished
Summary:
PER CURIAM Defendant Sean Quinn appeals from his conviction for driving while under the influence of alcohol in violation of N.J.S.A. 39:4-50. We affirm substantially for the reasons set forth by the Law Division judge in his oral decision.
Docket No.: a3505-06
Decided: 2008-05-02
Caption: STATE OF NEW JERSEY v. INGER STEVENS
Status: unpublished
Summary:
PER CURIAM Defendant Inger Stevens appeals from her conviction, following a jury trial, for possession of a controlled dangerous substance (CDS), N.J.S.A. 2C:35-10a(1); two counts of possession of CDS with intent to distribute, N.J.S.A. 2C:35-5a(1); two counts of school zone CDS possession with intent to distribute, N.J.S.A. 2C:35-7; and CDS possession with intent to distribute within 500 feet of public housing, N.J.S.A. 2C:35-7.1. We affirm.
Docket No.: a4271-06
Decided: 2008-05-02
Caption: RICHARD C. KOVACH v. LESLIE S. SQUIRES
Status: unpublished
Summary:
PER CURIAM In this appeal, we consider the contention of a child support obligor that he was entitled to the enforcement of an alleged implied agreement to reduce child support notwithstanding the prohibition on the retroactive modification of child support created by N.J.S.A. 2A:17-56.23(a). After careful consideration of the factual record, we affirm the trial judge's determination that there was insufficient evidence to find an implied agreement when it was only shown that there was an informal change in custody, an immediate reduction by the obligor in the payment of support based on that change, and the absence of an objection from the obligee for a nearly seven-month period preceding the obligor's motion.
Docket No.: a4524-06
Decided: 2008-05-02
Caption: BOROUGH OF POINT PLEASANT v. JAMES ROLLANO
Status: unpublished
Summary:
PER CURIAM Appellants, James Rollano and Edward Reilly, appeal from the March 21, 2007, order of the Chancery Division, General Equity Part, which, among other matters: 1) dismissed their counterclaim for a judgment, declaring that they had legal access to and from their property through the unimproved portion of Cottage Place as a public thoroughfare; and 2) entered judgment in favor of respondents, Robin Kozik and Madlyan Fitzgerald, quieting title to the unimproved portion of Cottage Place lying between the terminus of the paved portion of Cottage Place and the northerly property line of appellants' property. We affirm.
Docket No.: a4540-06
Decided: 2008-05-02
Caption: BOROUGH OF POINT PLEASANT v. JAMES ROLLANO
Status: unpublished
Summary:
PER CURIAM Appellants, James Rollano and Edward Reilly, appeal from the March 21, 2007, order of the Chancery Division, General Equity Part, which, among other matters: 1) dismissed their counterclaim for a judgment, declaring that they had legal access to and from their property through the unimproved portion of Cottage Place as a public thoroughfare; and 2) entered judgment in favor of respondents, Robin Kozik and Madlyan Fitzgerald, quieting title to the unimproved portion of Cottage Place lying between the terminus of the paved portion of Cottage Place and the northerly property line of appellants' property. We affirm.
Docket No.: a4948-06
Decided: 2008-05-02
Caption: JACK PEDOWITZ ENTERPRISES, INC. v. TOWNSHIP OF BRANCHBURG PLANNING BOARD
Status: unpublished
Summary:
PER CURIAM In this action in lieu of prerogative writs, appellant Township of Branchburg Planning Board (Board) appeals from an order of the Law Division granting respondent Jack Pedowitz Enterprises, Inc., d/b/a Pedowitz Machinery Movers (Pedowitz) minor site plan approval, reversing the Board's earlier denial as arbitrary and capricious. We affirm.
Docket No.: a5023-06
Decided: 2008-05-02
Caption: M.G. GROUP OF COMPANIES, L.L.C. v. ROLAND JOHNKINS
Status: unpublished
Summary:
PER CURIAM Plaintiff M.G. Group of Companies, L.L.C. appeals from a trial court order dated April 24, 2007, dismissing plaintiff's complaint against defendants Roland Johnkins, Genevieve Johnkins, Cynthia Johnkins and Justin Roland Johnkins. We affirm for the reasons stated in Judge Chambers' written opinion dated April 23, 2007.
Docket No.: a5040-04
Decided: 2008-05-02
Caption: STATE OF NEW JERSEY v. KAREEM McLEOD
Status: unpublished
Summary:
PER CURIAM Defendant Kareem McLeod entered guilty pleas on Passaic County Indictment No. 02-04-0412 to fourth-degree conspiracy to riot, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:33-1(a)(1) (count one), second-degree reckless manslaughter, N.J.S.A. 2C:11-4(b) (count four), fourth-degree rioting, N.J.S.A. 2C:33-1(a)(1) (count seven), and third-degree aggravated assault, N.J.S.A. 2C:12-1(b)(7) (count twelve). In exchange, the State agreed to recommend a sentence on count four of a maximum of ten years subject to the No Early Release Act, NERA, N.J.S.A. 2C:43-7.2, on count twelve of a maximum of five years concurrent, and on counts one and seven of eighteen months imprisonment concurrent. On February 18, 2005, defendant was sentenced to lesser terms of seven years subject to NERA on count four, a concurrent four years on count twelve, and a concurrent fifteen months on count seven, into which count one was merged. We affirm.
Docket No.: a5150-06
Decided: 2008-05-02
Caption: STATE OF NEW JERSEY v. MIGUEL RODRIGUEZ
Status: unpublished
Summary:
PER CURIAM Following a jury trial, defendant Miguel Rodriguez was convicted of third-degree burglary, N.J.S.A. 2C:18-2, and acquitted of fourth-degree resisting arrest, N.J.S.A. 2C:29-2(a)(2). He was sentenced to a five-year term subject to a two-year parole bar. Appropriate fees and penalties were also imposed. Defendant appeals, and we affirm.
Docket No.: a5157-06
Decided: 2008-05-02
Caption: RICHARD D. DAYTON v. EDWARD SIMPSON
Status: unpublished
Summary:
PER CURIAM Plaintiff, Richard Dayton, a Detective with the Camden Police Department, was allegedly injured while participating in an undercover narcotics investigation conducted by the Camden Police Department's High Intensity Drug Trafficking Area Task Force (Task Force). Defendant, Edward Simpson, a State Trooper, was assigned to assist the Task Force and its members who were involved in the operation. Simpson backed his vehicle into Dayton while Dayton was standing on the roadway after effectuating the arrest of an occupant in one of the targeted vehicles. Simpson was driving an undercover leased Dodge Mini Van. Although equipped with a portable emergency teardrop light, which was on the dashboard, the van did not have an audible device. Immediately before striking Dayton, Simpson had placed the van in reverse and backed up to negotiate a turn, in order to pursue perpetrators in another vehicle he perceived were escaping. According to Dayton's version, after he was struck, Simpson then "aggressively (wheels screeching and engine racing) backed the Dodge Mini Van up again, and then went forward" in pursuit of the other vehicle.
Docket No.: a5704-05
Decided: 2008-05-02
Caption: STATE OF NEW JERSEY v. DAVID MOSLEY
Status: unpublished
Summary:
PER CURIAM At the conclusion of a trial, a jury found that, on January 3, 1999, while a resident of East Jersey State Prison, defendant threw a pot of boiling oil on another inmate, causing severe injuries. Defendant was ultimately apprehended as he approached the inmate with a shank. The jury found defendant guilty of third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(d), and second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1). Defendant was sentenced to a seven-year prison term with an 85% period of parole ineligibility on the aggravated assault conviction and a concurrent five-year term on the weapon conviction. The judge ordered that defendant begin serving this sentence upon completion of the sentence he was serving at the time of the incident in question.
Docket No.: a5720-06
Decided: 2008-05-02
Caption: ANTHONY BRAZZA v. NEW JERSEY STATE PAROLE BOARD
Status: unpublished
Summary:
PER CURIAM Appellant inmate Anthony Brazza appeals from a final decision of respondent, New Jersey State Parole Board (Parole Board), denying him parole and establishing a twenty-four-month future eligibility term (FET). We affirm.
Docket No.: a6100-06
Decided: 2008-05-02
Caption: NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. K.B.
Status: unpublished
Summary:
PER CURIAM The Division of Youth and Family Services (Division) commenced this action, seeking the termination of defendant K.B.'s parental rights to her daughter, I.B., who was born on January 24, 2006. Following a non-jury trial, Judge Douglas M. Fasciale rendered an oral decision and entered judgment in favor of the Division.
Docket No.: a6108-06
Decided: 2008-05-02
Caption: JAMES DUDLEY v. IEW CONSTRUCTION GROUP
Status: unpublished
Summary:
PER CURIAM Plaintiff filed this action, alleging he was terminated by defendant in retaliation for his pursuit of workers' compensation remedies. He appeals an order granting defendant's motion for summary judgment.
Docket No.: a6313-06
Decided: 2008-05-02
Caption: SIMONY O. SCHEELER v. JEFFREY A. SCHEELER
Status: unpublished
Summary:
PER CURIAM Defendant Jeffrey Scheeler appeals from a decision rendered on June 29, 2007 denying his motion to reopen a domestic violence matter. The facts relevant to this appeal are as follows.
Docket No.: a6487-06
Decided: 2008-05-02
Caption: JOSEPH M. DE ANGELIS, JR. v. LORRAINE LACOSTE
Status: unpublished
Summary:
PER CURIAM Plaintiff Joseph M. DeAngelis, Jr., appeals from the June 12, 2007, order of the Family Part. We affirm.
Docket No.: a4223-06
Decided: 2008-05-01
Caption: NICHOLAS EVANGELISTA v. CHRISTINE BAGLIVO
Status: unpublished
Summary:
PER CURIAM Nicholas Evangelista (plaintiff) and Christine Baglivo (defendant) are the parents of a child, N.B., born February 17, 1993. On September 25, 1997, the parties entered into a consent order under which they shared joint legal custody of N.B., with defendant designated as the parent of primary residence; plaintiff had parenting time on the first, third and fourth full weekends per month from approximately 5:00 p.m. on Friday through 7:30 a.m. on Monday, and additional "reasonable and liberal visitation, with 24 hours advance notice[.]" Plaintiff also had one week per year of uninterrupted vacation time, and the parties alternated parenting time on all major holidays. With respect to joint legal custody, the consent order provided:
Docket No.: a4533-06
Decided: 2008-05-01
Caption: LAURA KOUSMINE v. LARRY BOSTIC
Status: unpublished
Summary:
PER CURIAM We review plaintiff's appeal from a bench decision dismissing her complaint and granting judgment to defendant on his counterclaim. Plaintiff argues the trial court misapplied the law and failed to make factual findings regarding her consumer fraud claims. We disagree and affirm.
Docket No.: a5684-04
Decided: 2008-05-01
Caption: STATE OF NEW JERSEY v. J.P.
Status: unpublished
Summary:
PER CURIAM Defendant J.P. appeals from the judgment of conviction and sentence imposed after he pled guilty to a single-count indictment, as amended, charging him with attempted neglect of a child, N.J.S.A. 2C:5-1 and N.J.S.A. 9:6-3. He raises the following points on appeal for our consideration:
Docket No.: a5777-06
Decided: 2008-05-01
Caption: JUNG HO KIM v. EZEKIEL T. GORDON
Status: unpublished
Summary:
PER CURIAM In this personal injury case, due to scheduling problems, the trial judge required defendant to present his medical witnesses' testimony to the jury before plaintiff's doctors testified and before plaintiff completed his testimony. The jury returned a verdict of $55,000 for plaintiff. Defendant claims that requiring him to proceed with his case first denied him a fair trial. We agree and consequently vacate the verdict and remand for a new trial.
Docket No.: a0221-07
Decided: 2008-04-30
Caption: DIPAK RAIKAR v. TOWNSHIP OF OLD BRIDGE et al.
Status: unpublished
Summary:
PER CURIAM Plaintiff, Dipak Raikar, filed a pro se complaint in the Law Division alleging claims for false arrest, the use of excessive force, and violation of his constitutional rights. Apparently, the action arose as a result of the police insisting that he leave a retail store that he claimed he was involved in operating with his business partner, Falgun R. Dharia.
Docket No.: a1933-06
Decided: 2008-04-30
Caption: STATE OF NEW JERSEY v. LADEL WILLIAMS a/k/a LESHAUN GRIFFIN, LIONEL THOMAS
Status: unpublished
Summary:
PER CURIAM Defendant Ladel Williams appeals from the order of October 27, 2006, denying his petition for post conviction relief (PCR). A jury convicted defendant of first degree attempted murder, second degree aggravated assault, third degree unlawful possession of a weapon, and second degree possession of a weapon for an unlawful purpose. Defendant also pled guilty to various drug charges under a separate indictment. Defendant received an aggregate term of imprisonment of fifteen years with an eighty-five percent period of parole ineligibility pursuant to the No Early Release Act, (NERA), N.J.S.A. 2C:43-7.2.
Docket No.: a1948-06
Decided: 2008-04-30
Caption: MILING PINDAR v. BOARD OF REVIEW, DEPARTMENT OF LABOR, et al.
Status: unpublished
Summary:
PER CURIAM Appellant Miling Pindar appeals from a final determination of the Board of Review (Board), dated November 22, 2006, which found that she was disqualified from unemployment benefits pursuant to N.J.S.A. 43:21-5(a), because she left her job voluntarily without good cause attributable to the work. We affirm.
Docket No.: a3469-05
Decided: 2008-04-30
Caption: STATE OF NEW JERSEY v. CHRISTOPHER ROLLINS
Status: unpublished
Summary:
PER CURIAM After his suppression motion was denied, defendant pled guilty to third-degree possession of a controlled dangerous substance (CDS) with intent to distribute within 1000 feet of school property, N.J.S.A. 2C:35-7. Defendant was sentenced to a mandatory extended term, see N.J.S.A. 2C:43-6f, of eight years imprisonment with a four-year parole disqualifier. Defendant argues on appeal:
Docket No.: a3878-06
Decided: 2008-04-30
Caption: POTTERS INDUSTRIES, INC. v. BOROUGH OF CARLSTADT
Status: unpublished
Summary:
PER CURIAM Defendant Borough of Carlstadt (Borough) appeals from an order entered on February 7, 2007 granting plaintiffs' motion for summary judgment and declaring special assessments made by the Borough pursuant to enabling Ordinances 97-19 and 98-6 null and void. We affirm.
Docket No.: a3912-06
Decided: 2008-04-30
Caption: SANDRA SMITH v. BOARD OF REVIEW et al.
Status: unpublished
Summary:
PER CURIAM Appellant, Sandra Smith, appeals from a final decision of the Board of Review (Board) issued on February 13, 2007, affirming a decision of the Appeal Tribunal issued on November 2, 2006, which disqualified appellant for benefits from April 30, 2006 through June 10, 2006 because she was discharged for misconduct connected with the work, see N.J.S.A. 43:21-5(b), and ordering her to refund $2525 in benefits paid. Appellant argues (1) the Board used the wrong standard of review and improperly considered and evaluated the evidence, and (2) appellant should not be required to refund benefits because of hardship. The second argument is not properly before us, because appellant is required to seek an administrative remedy for waiver of the refund obligation based upon hardship before judicial review is appropriate. See N.J.A.C. 12:17-14.2(a). In her appellate brief, appellant states that "[s]he is going to make such an application to the Department of Labor." We reject appellant's first argument. Accordingly, we affirm the Board's decision.
Docket No.: a4035-06
Decided: 2008-04-30
Caption: L.W. v. SUBWAY RESTAURANT
Status: unpublished
Summary:
PER CURIAM Dipen Patel appeals from a final determination and order issued by the Director of the State Division on Civil Rights (Division or agency) on February 23, 2007. We affirm.
Docket No.: a4890-06
Decided: 2008-04-30
Caption: PATRICIA FILBERT v. CAROLYN PINTO AND VAULT
Status: unpublished
Summary:
PER CURIAM Plaintiff Patricia Filbert appeals from an order entered on April 27, 2007 granting summary judgment dismissing the complaint with prejudice.
Docket No.: a4957-06
Decided: 2008-04-30
Caption: ANTHONY GIACOBBI v. MIDSTATE HYE, NJ, LP et al.
Status: unpublished
Summary:
PER CURIAM Plaintiff appeals from a trial court order dismissing his complaint with prejudice. After reviewing the record in light of the contentions advanced on appeal, we reverse.
Docket No.: a4958-06
Decided: 2008-04-30
Caption: CHRISTOPHER M. EHMANN v. BOARD OF REVIEW, DEPARTMENT OF LABOR, et al.
Status: unpublished
Summary:
PER CURIAM Claimant appeals from a Final Decision of the Board of Review denying his application for unemployment compensation benefits. After reviewing the record in light of the contentions advanced on appeal, we affirm.
Docket No.: a4979-06
Decided: 2008-04-30
Caption: ERNEST R. CUFF, JR. v. ARTHUR W.D. BOSS
Status: unpublished
Summary:
PER CURIAM Defendants appeal from a trial court judgment entered following a remand from this court. After reviewing the record in light of the contentions advanced on appeal, we affirm.
Docket No.: a5136-06
Decided: 2008-04-30
Caption: GEORGE J. GEORGIADIS v. EMANUEL GEORGIADIS et al.
Status: unpublished
Summary:
PER CURIAM Defendant Emanuel Georgiadis appeals from the judgment of the Chancery Division, General Equity Part. Plaintiff's complaint sought the appointment of a neutral custodian to oversee the family-owned business and for injunctive relief; defendant's counterclaim sought declaratory and injunctive relief, as well as compensatory damages.
Docket No.: a5245-06
Decided: 2008-04-30
Caption: STATE OF NEW JERSEY v. MICHAEL GALDIERI
Status: unpublished
Summary:
PER CURIAM Defendant Michael Galdieri appeals from a final judgment of conviction. He contends that the trial court abused its discretion in denying his motion to vacate his guilty plea. We affirm substantially for the reasons given by Judge Callahan in his oral decision of May 4, 2007, and add only a brief explanation for our conclusion that his exercise of discretion was proper in all respects.
Docket No.: a5247-06
Decided: 2008-04-30
Caption: COTSWOLD, LLC v. PAUL RENAUD
Status: unpublished
Summary:
PER CURIAM Plaintiff Cotswold, LLC appeals from the trial court decision holding that a sculptured fountain which plaintiff removed from the Cotswold Estate in the Borough of Tenafly is an historic landmark and must be returned to the site.
Docket No.: a5628-06
Decided: 2008-04-30
Caption: SEAN FELTRI v. THOMAS F. KELAHER
Status: unpublished
Summary:
PER CURIAM Plaintiff, Sean Feltri, was an investigator with the Ocean County Prosecutor's office. He appeals from a May 23, 2007 order of the Law Division affirming the prosecutor's termination of his employment. We affirm.
Docket No.: a5814-06
Decided: 2008-04-30
Caption: TEAMSTERS LOCAL UNION NO. 177 v. UNITED PARCEL SERVICE, INC.
Status: unpublished
Summary:
PER CURIAM Teamsters Local Union No. 177 appeals from an order of June 7, 2007 granting the cross-motion of defendant United Parcel Service (UPS") "to inspect and release the files and records and the information contained therein" relating to the arrest of defendant's employee, F.M., on March 19, 2004. The released material had been expunged pursuant to a prior order of the court. See N.J.S.A. 2C:52-1 to -32. The June 7, 2007 order also permitted Essex County Prosecutor's Investigators John Gomes and Robert O'Neil to testify at an arbitration hearing being conducted "for the purpose of determining whether UPS had just cause to discharge [F.M.] on March 31, 2004."
Docket No.: a6012-06
Decided: 2008-04-30
Caption: CHRISTINE HULSE v. TROY T. WHITNEY
Status: unpublished
Summary:
PER CURIAM Defendant Troy T. Whitney and plaintiff Christine Hulse are the parents of one child, a son now eleven years old who resides with plaintiff. Defendant was employed with Wackenhut Security Company at Fort Monmouth making $17.00 per hour when he was transferred in July 2005 to a facility in Newport News, Virginia, resulting in a two dollar per hour decrease in his salary. In August 2005, defendant suffered injuries to his right foot and spine resulting in his inability to work.
Docket No.: a6013-06
Decided: 2008-04-30
Caption: DHARUBA KALAHARI v. NEW JERSEY DEPARTMENT OF CORRECTIONS
Status: unpublished
Summary:
PER CURIAM Dharuba Kalahari, an inmate in the custody of the Department of Corrections, appeals from a Final Decision of the Department finding him guilty of two disciplinary infractions, *.203, possession of a prohibited substance, and *.205, misuse of authorized medication. After reviewing the record in light of the contentions advanced on appeal, we affirm.
Docket No.: a6052-06
Decided: 2008-04-30
Caption: STATE OF NEW JERSEY v. DAVID LOVE
Status: unpublished
Summary:
PER CURIAM Defendant, David Love, was convicted in municipal court and then in the Law Division, at a trial de novo, of driving while intoxicated, N.J.S.A. 39:4-50. On appeal he offers the following arguments:
Docket No.: a6334-06
Decided: 2008-04-30
Caption: STATE OF NEW JERSEY v. K.C.
Status: unpublished
Summary:
PER CURIAM This is an appeal from the denial of a petition for post-conviction relief.
Docket No.: a6661-06
Decided: 2008-04-30
Caption: GEORGE K. MILLER v. JOHN SCOTT ABBOTT
Status: unpublished
Summary:
PER CURIAM Plaintiffs George K. Miller, Jr. and Debra Miller appeal from an August 6, 2007 order of the trial court, dismissing their action in lieu of prerogative writs challenging a decision of the Margate Zoning Board of Adjustment which granted two variances to John Scott Abbott and Joanne Abbott. We reverse.
Docket No.: a0279-07
Decided: 2008-04-29
Caption: NEW CENTURY FINANCIAL SERVICE, INC. v. ROY F. SUTTON
Status: unpublished
Summary:
PER CURIAM Defendant Roy F. Sutton appeals pro se from an order entered on August 20, 2007 denying his motion to vacate a default judgment and granting plaintiff's motion to confirm an arbitration award in favor of plaintiff in the amount of $4,349.26. We affirm.
Docket No.: a3871-06
Decided: 2008-04-29
Caption: MARGO BADER v. TOWNSHIP OF MAHWAH and COUNTY OF BERGEN
Status: unpublished
Summary:
PER CURIAM Plaintiffs are residents and taxpayers of the Township of Mahwah. A portion of Midvale Mountain Road provides access to their homes. The road has existed since the 1800s, but Mahwah has never provided maintenance or repair services to the portion of the road in question. Mahwah has never taken any formal action to accept dedication of the disputed portion of the roadway, and Mahwah has consistently maintained that it has never engaged in activities that could be deemed to constitute implied acceptance. In their complaint, plaintiffs sought judgment compelling Mahwah to maintain the disputed portion of the road because it is a public road in Mahwah not owned by any other governmental entity. Plaintiffs also alleged that because Mahwah maintained and repaired other portions of Midvale Mountain Road, its refusal to maintain and repair the disputed portion violated equal protection and 42 U.S.C.A. � 1983.
Docket No.: a4005-07
Decided: 2008-04-29
Caption: ROBERT E. ANDREWS v. JOANNE RAJOPPI
Status: unpublished
Summary:
PER CURIAM Plaintiff Robert Andrews, one of three candidates for the Democratic nomination for United States Senator in the June 3, 2008 primary, filed this action seeking relief regarding the design of the ballots to be used for the primary. The dispute at hand arose because the county clerks permitted candidates for other offices to be bracketed with senate candidates and because the county clerks differed in the manner in which they treated senate candidates who requested bracketing and those that did not.
Docket No.: a4338-06
Decided: 2008-04-29
Caption: JEANNINE HENDRICK v. BRIAN D. RAY
Status: unpublished
Summary:
PER CURIAM Defendant Brian D. Ray appeals from the Final Restraining Order entered on April 19, 2007, by Judge Edward A. Jerejian who found that defendant made terroristic threats to plaintiff on April 8, 2007.
Docket No.: a4642-06
Decided: 2008-04-29
Caption: LAURIE COLES v. BAYONNE BOARD OF EDUCATION
Status: unpublished
Summary:
PER CURIAM In accordance with N.J.S.A. 18A:11-8, the Bayonne Board of Education adopted a mandatory school uniform policy on June 19, 2006. The policy was to become effective on September 25, 2006. On June 26, 2006, the Board adopted regulations to implement the uniform policy, and on July 28, 2006, and August 29, 2006, the regulations were amended in certain regards.
Docket No.: a5568-06
Decided: 2008-04-29
Caption: L.V. v. A.S.
Status: unpublished
Summary:
PER CURIAM Plaintiff L.V. appeals from the dismissal of her domestic violence complaint and the denial of her request for a final restraining order (FRO), N.J.S.A. 2C:25-29(b), following a trial in the Family Part. She contends that the judge failed to properly assess the evidence adduced, in particular according too much weight to her delay in filing the complaint, and concluding, as a result, that she failed to prove her need for an order of protection. We have considered her contentions in light of the trial record and applicable legal standards. We affirm.
Docket No.: a5684-06
Decided: 2008-04-29
Caption: KATHLEEN R. MANCINI MODUGNO v. BOARD OF REVIEW, DEPARTMENT OF LABOR et al.
Status: unpublished
Summary:
PER CURIAM Claimant Kathleen Mancini-Modugno appeals from a final decision of the Board of Review dated May 23, 2007, denying her claim for unemployment benefits. We affirm.
Docket No.: a5789-06
Decided: 2008-04-29
Caption: SOMERSET COUNTY SHERIFF'S OFFICERS FOP LODGE #39 v. COUNTY OF SOMERSET et al.
Status: unpublished
Summary:
PER CURIAM Plaintiff, Somerset County Sheriff's Officers FOP Lodge #39 (FOP or plaintiff), appeals from a June 6, 2007 order of the trial court denying plaintiff's application for interest on an arbitration award plus counsel fees for the cost of plaintiff's action to enforce the award. We reverse and remand.
Docket No.: a5948-06
Decided: 2008-04-29
Caption: SAMUEL J. TISDALE v. KHALID MAHMOOD
Status: unpublished
Summary:
PER CURIAM The 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.
Docket No.: a6443-06
Decided: 2008-04-29
Caption: NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. S.A.
Status: unpublished
Summary:
PER CURIAM S.A., the biological mother of M.R., a girl born January 2, 2002, and C.S., M.R.'s biological father, appeal from the April 27, 2007, order of the Family Part, terminating their parental rights to their daughter. Both parents also appeal from the May 30, 2007, order, which denied their motion, seeking an order "directing the [New Jersey] Division of Youth and Family Services [(DYFS)] to change the Permanency Plan from termination of parental rights to kinship legal guardianship [(KLG)]." We affirm.
Docket No.: a6451-06
Decided: 2008-04-29
Caption: NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. S.A.
Status: unpublished
Summary:
PER CURIAM S.A., the biological mother of M.R., a girl born January 2, 2002, and C.S., M.R.'s biological father, appeal from the April 27, 2007, order of the Family Part, terminating their parental rights to their daughter. Both parents also appeal from the May 30, 2007, order, which denied their motion, seeking an order "directing the [New Jersey] Division of Youth and Family Services [(DYFS)] to change the Permanency Plan from termination of parental rights to kinship legal guardianship [(KLG)]." We affirm.
Docket No.: a6452-05
Decided: 2008-04-29
Caption: STATE OF NEW JERSEY v. DARA WILLIS
Status: unpublished
Summary:
PER CURIAM Defendant, Dara Willis, appeals from her August 19, 2005 conviction and resulting sentence for third-degree aggravated assault, N.J.S.A. 2C:12-1(b)(2) (count one), and fourth-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(d) (count three), following a trial by jury. On count one, the judge sentenced defendant to a five-year term of imprisonment subject to a two and one-half year term of parole ineligibility. On count three, the judge imposed a concurrent eighteen-month term of imprisonment. That sentence was ordered to run concurrently to an unrelated violation of probation sentence on a different indictment, for which the judge imposed an eighteen-month term of imprisonment. The aggregate sentence was five years imprisonment with two and one-half years of parole ineligibility. Appropriate fines and penalties were imposed. We affirm the conviction and remand the sentence for an explanation of the factors considered in imposing the period of parole ineligibility.
Docket No.: a1082-05
Decided: 2008-04-28
Caption: STATE OF NEW JERSEY v. JOSEPH M. CAMPON
Status: unpublished
Summary:
PER CURIAM Defendant, Joseph M. Campon, was seventeen years old on the date of the incident underlying the charges in this case. A juvenile complaint was first issued, after which defendant was waived to adult court and indicted for (1) first-degree murder, N.J.S.A. 2C:11-3a(1) or (2); (2) third-degree possession of a weapon (knife) for an unlawful purpose, N.J.S.A. 2C:39-4d; (3) fourth-degree unlawful possession of a weapon (knife), N.J.S.A. 2C:39-5d; and (4) third-degree hindering apprehension or prosecution, N.J.S.A. 2C:29-3b(1). The case was tried to a jury, but a mistrial was declared after the jury was deadlocked and unable to reach a verdict. Defendant then moved for judgment of acquittal on count one. Judge Batten granted the motion and amended count one to charge first-degree aggravated manslaughter, N.J.S.A. 2C:11-4a(1). We denied the State's motion for leave to appeal from the order acquitting defendant of murder.
Docket No.: a1481-06
Decided: 2008-04-28
Caption: STATE OF NEW JERSEY v. CHRISTOPHER MERZ
Status: unpublished
Summary:
PER CURIAM Defendant appeals from the January 17, 2006 order of the trial court denying his petition for post-conviction relief. Having reviewed the entire record, we affirm.
Docket No.: a1686-06
Decided: 2008-04-28
Caption: STATE OF NEW JERSEY v. LEROY CAMP
Status: unpublished
Summary:
PER CURIAM Defendant Leroy Camp appeals from an order entered on September 19, 2006 denying his petition for post-conviction relief (PCR). We have considered the arguments advanced on this appeal in light of the facts and applicable law, and we affirm the order from which defendant appeals.
Docket No.: a2094-06
Decided: 2008-04-28
Caption: STATE OF NEW JERSEY v. WAYNE M. HOLMES
Status: unpublished
Summary:
PER CURIAM Defendant Wayne M. Holmes appeals the denial of his suppression motion, contending that the evidence seized should have been suppressed based on these facts. On March 17, 2005, the police had been conducting a surveillance of the bungalow located at 53C Oak Street, Keansburg, a site of suspected illegal drug activity. They were told by an arrestee that defendant was at that address. Since the police had an outstanding arrest warrant against defendant on unrelated charges, they went to the address to arrest defendant.
Docket No.: a2161-06
Decided: 2008-04-28
Caption: STATE OF NEW JERSEY v. HORACE GLENN
Status: unpublished
Summary:
PER CURIAM Defendant Horace Glenn appeals from a final order of November 3, 2006, in which the judge denied defendant's motion for an order compelling the Office of the Public Defender, Middlesex County Region, to provide full discovery of the material and documents contained in the Public Defender's file respecting the judgment of conviction in this matter for which a sentence of thirty-two years was imposed on December 13, 1996.
Docket No.: a2348-06
Decided: 2008-04-28
Caption: LARRY PRICE v. MAXIMUS REAL ESTATE FUND, LLC
Status: unpublished
Summary:
PER CURIAM:
Plaintiff, Larry Price, appeals from the decision of the Law Division upholding the action of defendant, the Zoning Board of Adjustment of the City of Union City, granting the application of defendant, Maximus Real Estate Fund, LLC (Maximus) to build a high rise residential building. In an action in lieu of prerogative writs, plaintiff argued that the Board's decision was arbitrary and capricious, because Maximus failed to present sufficient evidence to justify deviating from the applicable zoning standards. We disagree and affirm.
Docket No.: a3400-06
Decided: 2008-04-28
Caption: STATE OF NEW JERSEY v. ARTHUR SCHELLINGER
Status: unpublished
Summary:
PER CURIAM Defendant Arthur Schellinger and co-defendant Tim McGeachy (McGeachy) were charged under Atlantic County Indictment No. 05-09-1943, with possession of cocaine, N.J.S.A. 2C:35-10a(1). The indictment contained multiple counts; however, it only named defendant in count one, possession of cocaine. On October 17, 2006, defendant's case proceeded to trial before a jury which found him guilty as charged. The court sentenced defendant to prison for four years, with credit for 343 days time served. On February 26, 2007, defendant filed a Notice of Appeal.
Docket No.: a3880-06
Decided: 2008-04-28
Caption: BRIDGESTONE/FIRESTONE RESEARCH, INC. v. DIRECTOR, DIVISION OF TAXATION
Status: unpublished
Summary:
PER CURIAM In this Tax Court appeal, plaintiff Bridgestone/Firestone Research, Inc. (Bridgestone) appeals from an order entered on February 16, 2007 granting summary judgment in favor of defendant dismissing the complaint on the ground that the tax appeal was not timely filed. We affirm.
Docket No.: a4219-06
Decided: 2008-04-28
Caption: NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. E.C.
Status: unpublished
Summary:
PER CURIAM E.C. and R.M. both appeal from orders terminating their respective parental rights to their son J.M. On our own motion, we consolidated the appeals. Because the trial court's decision is "based on clear and convincing evidence supported by the record," we affirm. N.J. Div. of Youth and Family Servs. v. P.P., 180 N.J. 494, 511 (2004).
Docket No.: a5542-06
Decided: 2008-04-28
Caption: KIM INTERNOSCIA v. DAVID INTERNOSCIA
Status: unpublished
Summary:
PER CURIAM The narrow issue on this appeal concerns whether the Family Part judge committed reversible error in his choice of an effective date for the reduction of a parent's child support obligation. In his order now under review, the judge specified an effective date that was later than the date the parent obligor had desired. We perceive no reversible error in this timing decision, and thus affirm the judge's ruling.
Docket No.: a6053-06
Decided: 2008-04-28
Caption: NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. E.C.
Status: unpublished
Summary:
PER CURIAM E.C. and R.M. both appeal from orders terminating their respective parental rights to their son J.M. On our own motion, we consolidated the appeals. Because the trial court's decision is "based on clear and convincing evidence supported by the record," we affirm. N.J. Div. of Youth and Family Servs. v. P.P., 180 N.J. 494, 511 (2004).
Docket No.: a6276-06
Decided: 2008-04-28
Caption: STATE OF NEW JERSEY v. SAMIR MAKSOUD
Status: unpublished
Summary:
PER CURIAM Defendant Samir Maksoud appeals from the judgment of the Law Division finding him guilty of making an improper turn, in violation of N.J.S.A. 39:4-124. The court ordered defendant to pay a sixty-one dollar fine, and twenty-four dollars in court costs. The matter was first heard in the Weehawken Municipal Court. It came before the Law Division by way of defendant's petition for a trial de novo. R. 3:23-8.
Docket No.: a0655-06
Decided: 2008-04-25
Caption: STATE OF NEW JERSEY v. WALTER HOUSTON
Status: unpublished
Summary:
PER CURIAM Defendant Walter Houston appeals from the order of August 7, 2006, denying his petition for post-conviction relief (PCR). A jury convicted defendant of first degree armed robbery, contrary to N.J.S.A. 2C:15-1a(1). Defendant is serving an eighteen-year term of imprisonment with an eighty-five percent period of parole ineligibility pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant appealed his conviction and sentence. We affirmed. State v. Houston, No.
Docket No.: a0900-06
Decided: 2008-04-25
Caption: STATE OF NEW JERSEY v. AARON LARAMORE
Status: unpublished
Summary:
PER CURIAM After denial of his motion to suppress, defendant pled guilty to two indictments pursuant to a plea agreement. On Indictment 04-08-00134-S ASG, defendant pled guilty to first degree distribution of cocaine, N.J.S.A. 2C:35-5a(1); and second degree possession with intent to distribute, N.J.S.A. 2C:35-5. He was sentenced on those charges to an aggregate term of twenty-three years subject to eight years parole ineligibility.
Docket No.: a0907-06
Decided: 2008-04-25
Caption: NEW JERSEY REAL ESTATE COMMISSION v. MUHAMMAD A. NASIR
Status: unpublished
Summary:
PER CURIAM This is an appeal of the final order of respondent New Jersey Real Estate Commission (NJREC) revoking appellant Muhammad A. Nasir's real estate salesperson's license for a term of five years for violating the New Jersey Real Estate License Act, N.J.S.A. 45:15-1 to -42 (Real Estate License Act). This matter follows two earlier actions which the State brought against appellant, including a civil action for insurance fraud and an agency action to revoke his insurance producer license. For the following reasons, we affirm.
Docket No.: a1482-06
Decided: 2008-04-25
Caption: STATE OF NEW JERSEY v. D.C.
Status: unpublished
Summary:
PER CURIAM Tried to a jury, defendant D.C. was convicted of two counts of second-degree sexual assault, N.J.S.A. 2C:14-2(b), (counts one and two), and two counts of second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a), (counts three and four). The trial judge sentenced defendant to an aggregate term of twenty years imprisonment with ten years parole ineligibility. On direct appeal defendant made the following arguments:
Docket No.: a2114-06
Decided: 2008-04-25
Caption: IN THE MATTER OF SANDRA WILLIAMS
Status: unpublished
Summary:
PER CURIAM Sandra Williams appeals from the final administrative action issued by the Merit System Board (MSB) on October 5, 2006, approving her removal from employment with the Department of Corrections (DOC). The MSB rejected the recommendation of the Administrative Law Judge (ALJ) to dismiss the charges filed by the DOC. On appeal, Williams argues that the MSB erred in rejecting the credibility determinations made by the ALJ and acted in an arbitrary and capricious manner in removing her from her position. We disagree and affirm.
Docket No.: a4517-06
Decided: 2008-04-25
Caption: ESTATE OF ANDREW CRAWFORD, JR. v. CITY OF NEWARK
Status: unpublished
Summary:
PER CURIAM Plaintiffs' decedent, Andrew Crawford, Jr., was killed in an automobile collision with a carjacked vehicle. In addition to the criminal defendants, plaintiffs sued the City of Newark and its police department for wrongful death resulting from the police pursuit, but did not timely sue the two police officers involved in the chase, nor name the officers as fictitious party defendants. Consequently, plaintiffs' later amended complaint against the two officer defendants was dismissed as barred by the applicable two-year statute of limitations, N.J.S.A. 59:8-9, which the Law Division found was not tolled by the discovery rule. Plaintiffs appeal, and for the following reasons, we affirm.
Docket No.: a4713-06
Decided: 2008-04-25
Caption: KENNETH WARD v. NATIONAL CONTINENTAL INSURANCE COMPANY/PROGRESSIVE INSURANCE COMPANY
Status: unpublished
Summary:
PER CURIAM Plaintiff appeals from orders constituting a final judgment against his employer's automobile carrier, National Continental Insurance Company (NCIC), and its servicing agent, the R.L.M. Agency, for failure to include plaintiff and the personal vehicle he was driving at the time of his accident as insureds under the employer's policy. He seeks reversal of the summary judgment granted to NCIC and entry of summary judgment requiring NCIC to pay underinsured motorist (UIM) benefits under the policy. He also seeks reversal of the summary judgment entered in favor of R.L.M.
Docket No.: a5033-06
Decided: 2008-04-25
Caption: PATRICIA J. KEITH v. BOARD OF REVIEW, DEPARTMENT OF LABOR et al.
Status: unpublished
Summary:
PER CURIAM Claimant, Patricia J. Keith, appeals from the final administrative determination of the Board of Review, mailed on April 17, 2007, affirming the decision of the Appeal Tribunal, determining that she "is ineligible for additional benefits during training as provided by N.J.S.A. 43:21-60 and N.J.A.C. 12:23-5.1." In so holding, the Board of Review affirmed the Deputy's determination that she was ineligible for unemployment benefits during training "on the ground that she was not permanently separated from employment due to a substantial reduction in work opportunities in the claimant's job classification at the former work-site." According to appellant, she:
Docket No.: a5397-06
Decided: 2008-04-25
Caption: WHITETAIL FARMS, LLC v. MULLICA TOWNSHIP PLANNING BOARD
Status: unpublished
Summary:
PER CURIAM Following a remand from the Law Division for findings of fact and conclusions of law, defendant Mullica Township Planning Board, for the second time, denied plaintiff's request for a front yard setback variance. It memorialized its decision in a June 7, 2006 resolution. On May 8, 2007, Judge Valerie Armstrong entered an order and issued a written opinion reversing the Board's decision, and granting plaintiff variance relief subject to certain conditions. Because we affirm the variance under N.J.S.A. 40:55D-70c(1), we do not address either defendant's arguments or the Board's findings regarding plaintiff's N.J.S.A. 40:55D-70c(2) application.
Docket No.: a5621-06
Decided: 2008-04-25
Caption: JOHN HAYNES v. NEW JERSEY DEPARTMENT OF CORRECTIONS
Status: unpublished
Summary:
PER CURIAM John Haynes (Haynes), an inmate currently incarcerated at East Jersey State Prison (EJSP), appeals from a final administrative decision rendered by the New Jersey Department of Corrections (DOC) imposing disciplinary sanctions on him for violating N.J.A.C. 10A:4-4.1(a) *.004, fighting with another person, and N.J.A.C. 10A:4-4.1(a) *.002, assaulting any person. Haynes is an out-of-state inmate serving a Pennsylvania sentence of life imprisonment for aggravated manslaughter, aggravated murder, possession of an instrument of a crime, and aggravated assault.
Docket No.: a5703-05
Decided: 2008-04-25
Caption: JOEL SCOTT ISAACSON v. LILY ISAACSON
Status: unpublished
Summary:
PER CURIAM Lily Isaacson (defendant) appeals from portions of an order of the Family Part that (1) increased plaintiff's monthly child support obligation for the parties' two children from $3,500 to $3,560; (2) denied her request for reimbursement of certain tutoring expenses; and (3) denied her request that plaintiff reimburse her mother for loans to defendant totaling $78,000. Defendant also claims the trial judge denied her a fair hearing on her motion, and she seeks the judge's recusal in the event of a remand.
Docket No.: a6520-04
Decided: 2008-04-25
Caption: STATE OF NEW JERSEY v. FRIAS OZONIA-AMBIERIX
Status: unpublished
Summary:
PER CURIAM Following a trial before a jury with co-defendant Leonel B. Reyes, defendant Frias Ozonia-Ambierix appeals from a judgment of conviction based upon a jury verdict finding him guilty of armed robbery, N.J.S.A. 2C:15-1, but not guilty of possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4d and not guilty of possession of a weapon under circumstances not manifestly appropriate for such lawful uses as it may have, N.J.S.A. 2C:39-5d. We have considered the arguments advanced by defendant in light of the facts and the applicable law, and we affirm the conviction and the sentence imposed.