NJ Appellate Court Decisions

March 9, 2010

STATE OF NEW JERSEY v. I BE ORIGINAL ALLAH

PER CURIAM Defendant I Be Original Allah appeals from his January 24, 2006 conviction. Pursuant to a non-negotiated plea of guilty, defendant pled guilty to third-degree possession of a controlled dangerous substance (CDS), N.J.S.A. 2C:35-10a(1) (count one); third-degree possession of CDS with intent to distribute, N.J.S.A. 2C:35-5a(1) and 2C:35-5b(3) (count two); third-degree possession of CDS with intent to distribute within 1,000 feet of a school, N.J.S.A. 2C:35-7 (count three); and second-degree possession of CDS with intent to distribute within 500 feet of public housing, N.J.S.A. 2C:35-7.1 (count four). On counts two, three and four, the judge sentenced defendant to concurrent six-year terms of imprisonment, with a three-year period of parole ineligibility on each count. Count one was merged with counts two and four. Appropriate fines and penalties were imposed.

CHRISTOPHER DiLEONE v. TOWNSHIP OF MAHWAH, a municipal body politic governed and organized under the laws of the State of New Jersey, MAYOR OF THE TOWNSHIP OF MAHWAH, and COUNCIL OF THE TOWNSHIP OF MAHWAH

PER CURIAM In April 2007, plaintiffs filed suit against the Township of Mahwah and its mayor and council, seeking to restrain the Township from using sirens to alert volunteer firemen that their services were needed. Plaintiffs asserted that the use of the sirens constituted an actionable nuisance. They also contended the sound of the sirens was noise pollution and actionable under N.J.S.A. 2A:35A-4 of New Jersey's Environmental Rights Act, N.J.S.A. 2A:35A-1 to -14. After a three-day bench trial, the court entered judgment for defendants, and plaintiffs have appealed. After reviewing the record in light of the contentions advanced on appeal, we affirm.

JUAN C. AGUDELO v. ALLSTATE NEW JERSEY INSURANCE COMPANY

R. B. COLEMAN, J.A.D. Following a four-day trial on the issue of liability alone, the jury determined that plaintiff Juan Agudelo was sixty-three percent at fault for the motor vehicle accident in which Agudelo sustained serious injuries. Alleging that a phantom vehicle was primarily responsible for the accident, Agudelo had sued his insurer, defendant Allstate New Jersey Insurance Company (Allstate) under the Uninsured Motorist (UM) provision of his policy. Before trial, Agudelo and Allstate reached an agreement under which Allstate agreed it would pay the full $100,000 UM policy limit if plaintiff obtained a favorable verdict on liability. As a result of the jury's verdict finding Agudelo more than fifty percent at fault, a judgment of no cause for action was entered and this appeal ensued.

GERALD CATALANO v. UNITED PARCEL SERVICE

PER CURIAM The sole issue presented in this appeal is whether or not the State of New Jersey Division of Workers' Compensation may properly exercise jurisdiction to hear compensation claims filed by a United Parcel Service (UPS) employee who resides and works in Staten Island, New York, and who had two work accidents during that employment in Staten Island. After taking testimony from petitioner, Gerald Catalano, and three witnesses produced on behalf of UPS, the judge of compensation considered the principles and factors set forth in Williams v. Port Authority, l75 N.J. 82, 87-88 (2003), concluded that New Jersey lacked sufficient interest in these claims to exercise jurisdiction and dismissed the claim petitions with prejudice. On appeal, petitioner contends the court conducted too narrow an evaluation and analysis of the facts on this issue, and overlooked or ignored relevant facts concerning the classification of Staten Island employees by UPS as belonging to a "Central Jersey District." We affirm.

FIRST TEK TECHNOLOGIES, INC v. PAC CORPORATION

PER CURIAM On defendants' motions in this commercial litigation, the trial court dismissed plaintiff's complaint on the grounds that the parties had agreed to arbitrate their disputes and had further agreed in a forum selection clause that the State of Maryland had exclusive jurisdiction over the case. We reverse and remand for further proceedings.

STATE OF NEW JERSEY v. ADRIAN CAMPIS

PER CURIAM On July 15, 2008, defendant was charged with leaving the scene of an accident, in violation of N.J.S.A. 39:4-129, by civilian complainant Joel Rodriguez. Defendant was found guilty in the Hackensack Municipal Court, and subsequently appealed the conviction to the Law Division, where the case was reviewed de novo. Defendant was again found guilty when the trial court independently reviewed the record and found that the State had proven defendant's culpability beyond a reasonable doubt. This appeal ensued, and we affirm.

NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. H.P.

PER CURIAM Defendant is the birth father of Z.S.P.-F. and Z.D.P.-F., fraternal twins born July 2, 2001. He appeals from the May 6, 2009 order of the Family Part terminating his parental rights to the children and awarding guardianship to the New Jersey Division of Youth and Family Services (DYFS). The children's birth mother, M.F., voluntarily surrendered her parental rights to the children's foster parents at the outset of trial. We affirm.

STATE OF NEW JERSEY v. HAROLD DAWES

PER CURIAM The jury convicted defendant of all three counts in the indictment: (1) first-degree armed robbery, N.J.S.A. 2C:15-1; (2) third-degree unlawful possession of a handgun without a permit, N.J.S.A. 2C:39-5b; and (3) second-degree possession of a handgun for an unlawful purpose, N.J.S.A. 2C:39-4a. After merging count three with count one, Judge Sivilli sentenced defendant on count one to sixteen years imprisonment, subject to an 85% parole disqualifier and five years parole supervision pursuant to the No Early Release Act, N.J.S.A. 2C:43-7.2. The judge imposed a concurrent five-year term on count two. On appeal, defendant argues:

STATE OF NEW JERSEY v. LAMAR FRANKLIN

PER CURIAM Defendant Lamar Franklin appeals his conviction for narcotics-related offenses arising out of the execution of a search warrant and the sentence subsequently imposed. We affirm the conviction and remand for re-sentencing.

STATE OF NEW JERSEY v. MARCOS HERNANDEZ

PER CURIAM Defendant Marcos Hernandez was tried before a jury, which found him guilty of distribution of a controlled dangerous substance (CDS), contrary to N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 35-5(b)(2); and distribution of CDS, contrary to N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 35-5(a)(1). The trial court granted the State's motion for imposition of an extended term pursuant to N.J.S.A. 2C:43-6(f) and sentenced defendant to an aggregate fifteen years of incarceration, with a seven-year period of parole ineligibility. Defendant appeals from the judgment of conviction entered on November 30, 2007. For the reasons that follow, we affirm defendant's conviction and sentence.

March 8, 2010

STATE OF NEW JERSEY v. ALTAREK HAMLET

PER CURIAM Defendant Altarek Hamlet appeals the May 13, 2008 denial of his petition for post-conviction relief (PCR). For the reasons that follow, we affirm.

STATE OF NEW JERSEY v. NICHOLAS CIPRIANO

PER CURIAM Tried by a jury, defendant Nicholas Cipriano was convicted of the lesser-included offense of second-degree robbery, N.J.S.A. 2C:15-1 (Count 1), and third-degree terroristic threats, N.J.S.A. 2C:12-3 (Count 2). On the State's motion, defendant was sentenced to a mandatory extended term, N.J.S.A. 2C:43-7.1b, of eighteen years subject to an eighty-five percent parole bar on Count 1 and a concurrent five-year term on Count 2. Defendant appeals, and we affirm.

DEPARTMENT OF CHILDREN AND FAMILIES, DIVISION OF YOUTH AND FAMILY SERVICES v. L.E.

PER CURIAM L.E. appeals from a Final Decision of the New Jersey Division of Youth and Family Services ("DYFS") that she committed an act of neglect with respect to her son R., then eighteen months of age. After reviewing the record in light of the contentions advanced on appeal, we reverse.

STATE OF NEW JERSEY v. MAUREEN A. WEBSTER

PER CURIAM In 2006, defendant entered a conditional plea of guilty to driving while intoxicated, N.J.S.A. 39:4-50, subject to the outcome of State v. Chun, 194 N.J. 54, cert. denied, __ U.S. __, 129 S. Ct. 158, 172 L. Ed. 2d 41 (2008). Once Chun was decided, defendant attacked the sufficiency of her plea in the Medford Township Municipal Court. Following an evidentiary hearing, the municipal judge determined that the twenty-minute observation period discussed in Chun had, in fact, taken place. Judge Harold B. Wells, III, reached the same conclusion in ruling on defendant's appeal to the Law Division, and, in reviewing that decision, we agree and affirm.

JOHN KRAYNIAK - v. BOARD OF TRUSTEES PUBLIC EMPLOYEES RETIREMENT SYSTEM

A. A. RODRIGUEZ, P.J.A.D. In this appeal we decide whether a member of the Prosecutor's Part of the Public Employee's Retirement System (PERS) is eligible to retire pursuant to the Early Retirement Incentive (ERI) Act, L. 2008, c. 21. We hold that such a member is not eligible to retire pursuant to ERI.

CHARLES J.F. McHUGH, M.D. v. UNIVERSITY MEDICAL CENTER AT PRINCETON

PER CURIAM Plaintiff Charles J.F. McHugh appeals the denial of his motion for a new trial following a jury verdict of no cause of action with respect to his personal injury claim against defendant University Medical Center at Princeton (Medical Center). He also appeals the denial of his subsequent motion for relief from the judgment pursuant to Rule 4:50-1. We affirm the denial of the motion for a new trial, but remand to the trial court for consideration on the merits of McHugh's Rule 4:50-1 motion.

NATHAN SHAW v. NEW JERSEY DEPARTMENT OF CORRECTIONS

PER CURIAM This is a prison disciplinary appeal. Nathan Shaw, an inmate currently confined at South Woods State Prison, appeals a Department of Corrections (DOC) determination, after administrative proceedings, finding him guilty of prohibited act *.009, misuse or possession of electronic equipment not authorized for use or retention by an inmate, i.e., a cellular telephone, while appellant was an inmate at the Bo Robinson community release facility in Trenton, in violation of N.J.A.C. 10A:4-4.1. We affirm.

STATE OF NEW JERSEY v. STEPHEN TOME, JR

PER CURIAM Defendant Stephen Tome, Jr. appeals from the January 23, 2009 order of the Law Division denying his petition for post-conviction relief (PCR) and request for an evidentiary hearing. Defendant had argued to the PCR judge, and renews the arguments on appeal, that his trial counsel was ineffective, and an evidentiary hearing was warranted, because counsel failed to advise him of his right to testify at trial, advised him to plead guilty to a lesser count of the indictment and to proceed to trial on the other count, and failed to present a key expert witness. We affirm.

DARLENE M. TERRILL v. BOARD OF REVIEW, DEPARTMENT OF LABOR AND TRIM GYM FITNESS CENTER, LLC

PER CURIAM Appellant Darlene M. Terrill appeals from a final decision of the Department of Labor and Workforce Development Board of Review affirming the Appeals Tribunal dismissal of appellant's appeal. In addition, the Board affirmed the determination that appellant was liable for the refund of unemployment benefits of $8,554. We reverse and remand for a new hearing on the merits of appellant's claim.

IN THE MATTER OF THE PROBATE OF THE ALLEGED WILL OF GABRIELA SIPKO, DECEASED

PER CURIAM Plaintiff, the Estate of Gabriela Sipko, appeals from a final order awarding $113,358.40 in attorneys' fees and costs to defendant, Robert Sipko, one of decedent's sons. The fees were awarded following a hearing, and Judge Koblitz determined that a codicil to decedent Gabriela Sipko's Last Will and Testament effectively disinheriting defendant, was fatally defective. On appeal plaintiffs George Sipko, Robert's father, and Rastislav Sipko, Robert's brother, assert that counsel fees were erroneously awarded, and even if properly awarded, were excessive and unreasonable. We affirm.

PASSAIC VALLEY SEWERAGE COMMISSIONERS v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY

PER CURIAM This is a dispute over insurance coverage involving two insurers, Coregis Insurance Co. (Coregis) and St. Paul Fire and Marine Insurance, Co. (St. Paul), each of which insured plaintiff Passaic Valley Sewerage Commission (PVSC) during a different time period.

STATE OF NEW JERSEY IN THE INTEREST OF T.M.

ASHRAFI, J.S.C. (temporarily assigned). In this juvenile delinquency matter, we granted the State leave to appeal the order of the Family Part denying waiver of jurisdiction and referral of the charges to the Criminal Part for prosecution. We agree with the State that the undisputed evidence presented at the waiver hearing was sufficient to establish probable cause to conclude that the seventeen-year-old juvenile, T.M., possessed firearms while in possession of heroin with intent to distribute. Therefore, the Family Part was required by Rule 5:22-2(c)(3)(C) and N.J.S.A. 2A:4A-26e to grant the State's application. We reverse the Family Part's order of April 23, 2009.

A.Z. (a minor) and B.Z. v. JOHN DOE and JANE DOE

PER CURIAM Plaintiff A.Z. appeals from a Law Division order that quashed a subpoena she issued to an Internet Service Provider to learn the identity of the person who sent an anonymous email that allegedly defamed her. Relying on Dendrite International, Inc. v. John Doe, No. 3, 342 N.J. Super. 134 (App. Div. 2001), which imposes a considerable barrier to discovering the identity of a person who anonymously posts defamatory material on the Internet, the trial judge quashed the subpoena.

GAIL M. COOKSON - v. BOARD OF TRUSTEES, PUBLIC EMPLOYEES' RETIREMENT SYSTEM

PER CURIAM Petitioner Gail Cookson appeals from a final agency decision of the Board of Trustees (Board) of the Public Employees' Retirement System (PERS), rejecting her request to re-enroll in PERS. Cookson initially enrolled in PERS on September 10, 1988, the day she commenced employment as a deputy attorney general, serving in the New Jersey Division of Law. She voluntarily resigned from the Division of Law in 1999, and made a final contribution to her PERS account on September 30, 1999. By the time of her resignation, Cookson had accumulated ten years and nine months of service credit in her PERS account. She has never withdrawn her PERS contributions and therefore has a vested entitlement to a deferred retirement allowance when she reaches the age of sixty. N.J.S.A. 43:15A-38. On May 9, 2007, the New Jersey Legislature enacted Public Law 2007, Chapter 92 (hereinafter "Chapter 92"), which introduced dramatic changes to the system of public pensions in New Jersey. L. 2007, c. 92. Chapter 92 created the Defined Contributions Retirement Program ("DCRP") as an alternative to PERS. L. 2007, c. 92, ? 1. Chapter 92 became effective on July 1, 2007. L. 2007, c. 92, ? 49.

STATE OF NEW JERSEY v. CARMELO HERRERA

PER CURIAM Defendant Carmelo Herrera appeals from the denial of his petition for post-conviction relief (PCR). He is serving a thirty-year prison term subject to a No Early Release Act 85% parole ineligibility term following his conviction of first degree carjacking, N.J.S.A. 2C:15-2, and third degree receiving stolen property, N.J.S.A. 2C:20-7. We affirm.

STATE OF NEW JERSEY v. JAMES PINNOCK

PER CURIAM Following a trial by jury, defendant James Pinnock was convicted of first-degree kidnapping, N.J.S.A. 2C:13-1b(1) (count one); first-degree robbery, N.J.S.A. 2C:15-1a(2) and N.J.S.A. 2C:15-1a(3) (counts three and four); first-degree aggravated sexual assault, N.J.S.A. 2C:14-2a(3), N.J.S.A. 2C:14-2a(5), and N.J.S.A. 2C:14-2a(4) (counts five, seven and eight); third-degree terroristic threats, N.J.S.A. 2C:12-3b (count nine); third-degree possession of a firearm for an unlawful purpose, N.J.S.A. 2C:39-4a (count ten); and third-degree possession of a handgun without a permit, N.J.S.A. 2C:39-5b (count eleven).

March 5, 2010

L. ANDREW BERNHEIM v. JOSEPH LEONE

PER CURIAM Plaintiff L. Andrew Bernheim appeals from the Law Division's order of August l5, 2008, granting summary judgment to defendants and dismissing plaintiff's amended complaint in its entirety. We affirm.

RAHGEAM JENKINS v. NEW JERSEY DEPARTMENT OF CORRECTIONS

ESPINOSA, J.S.C. (temporarily assigned). Rahgeam Jenkins, an inmate at New Jersey State Prison, appeals from the final decision of the Department of Corrections (DOC) finding him guilty of disciplinary infraction *.011, which is defined in N.J.A.C. 10A:4-4.1 as "possession or exhibition of anything related to a security threat group." He challenges the regulation as unconstitutionally vague and the sufficiency of the evidence against him. We affirm.

RONEN SHIMONI v. NEW JERSEY DEPARTMENT OF CORRECTIONS

COBURN, J.A.D. (temporarily assigned on recall) Appellant, Ronen Shimoni, is an inmate incarcerated at Bayside State Prison in Leesburg, New Jersey. He applied for permission to serve the remainder of his sentence in Israel pursuant to N.J.S.A. 30:7D-1 and N.J.A.C. 10A:10-6.1 to -6.9, the statute and regulations governing international prisoner transfers. The Commissioner of Corrections denied Shimoni's application, and he appealed.

LISA MICCINILLI v. ROBERT COLLINS

PER CURIAM Defendant Robert Collins appeals from a November 21, 2008 Family Part order granting plaintiff Lisa Collins's motion to enforce certain provisions of the parties' 1993 property settlement agreement (PSA) addressing payment of college tuition and other related expenses and denying in part defendant's cross-motion to retroactively terminate child support. In her decision, the motion judge granted plaintiff's motion and allocated college expenses at 54% for plaintiff and 46% for defendant. In addition, she ordered defendant to remain obligated to maintain a life insurance policy for the child's benefit in the principal amount of $500,000; denied defendant's motion to be designated as the parent of primary residence (PPR); and while denying defendant's motion to terminate child support, reduced defendant's child support obligation to $103.10 per week together with $30 per week towards arrears.

JOHN P. CONWAY v. BOROUGH OF FLORHAM PARK

PER CURIAM Defendants Borough of Florham Park and the Mayor and Counsel of the Borough (collectively "the Borough") appeal from an order entered by the trial court on December 30, 2008, which granted summary judgment to plaintiff John P. Conway on his wrongful termination claim and awarded him damages. Plaintiff cross-appeals from the court's order. For the reasons that follow, we affirm in part, reverse in part and remand for further proceedings on the appeal; and affirm on the cross-appeal.

WILLIAM DORRITY v. GRANDVIEW TERRACE, INC

PER CURIAM Defendant, Grandview Terrace, Inc., appeals from the December 12, 2008 judgment entered in favor of plaintiff William Dorrity. We reverse.

DIVISION OF YOUTH AND FAMILY SERVICES v. R.A.A.

PER CURIAM In this termination case, defendant R.A.A. appeals from a December 3, 2008 Family Part order terminating his parental rights to his two children, R.N.A. and R.F.A, and awarding guardianship to the Division of Youth and Family Services (DYFS) with the ultimate permanent plan to be adoption by the children's maternal grandmother. We affirm.

MARTA C. KERSHAW v. EDWARD J. KERSHAW

PER CURIAM In this post judgment matrimonial action, plaintiff appeals from the order entered by the Family Part judge terminating defendant's obligation to pay child support for the parties' two younger children, who the court determined are now emancipated. We affirm.

JOSEPH ROBLES, v. SOUTH JERSEY TRANSPORTATION AUTHORITY

PER CURIAM In July 2008, the South Jersey Transportation Authority (the Authority) awarded: (1) a contract for light duty towing services on the Western Sector of the Atlantic City Expressway (the Expressway) and (2) a contract for heavy duty towing services on the Eastern Sector of the Expressway to Riehl's Towing and Maintenance, Inc. (Riehl's). The lowest bidder, Joseph Robles, t/a Joe's Auto Repair (Joe's), was not awarded the contracts.

JOHN PAFF v. DIVISION OF LAW

BAXTER, J.A.D. This appeal requires us to determine the scope of the attorney-client privilege. In particular, we are called upon to decide whether unpublished Administrative Agency Advice (AAA) letters issued by the Division of Law (Division), which interpret the statutes and regulations the Division's administrative agency clients are required to apply and enforce, are "government records" for purposes of the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, and therefore available to the public. We answer that question in the negative because we are satisfied that the AAAs are a "record within the attorney-client privilege," N.J.S.A. 47:1A-1.1, and therefore not subject to public access under OPRA.

MISTI J. BLESSING v. JOHNSON & JOHNSON

PER CURIAM The trial court granted defendants' motion for summary judgment and dismissed this products liability action on the basis that it was filed after the statute of limitations had run. Plaintiffs appeal from that dismissal, contending that the trial court failed to apply the discovery rule, improperly rejected principles of equitable tolling, erred by not conducting a Lopez hearing, and mistakenly failed to hold the motion in abeyance until a federal court made a determination on a motion to certify a class action for similar litigation pending in federal court. We affirm.

VLADIMIR KHIMCHENKO v. BOARD OF REVIEW, DEPARTMENT OF LABOR and SUPERIOR OFFICE SYSTEMS, INC

PER CURIAM Vladimir Khimchenko appeals from a March 30, 2009 decision of the Board of Review (Board) that affirmed the Appeal Tribunal's conclusion that Khimchenko was disqualified for unemployment compensation benefits because he left work voluntarily without good cause attributable to his employment. We reject Khimchenko's claims that: 1) his resignation was not voluntary because his employer forced him to sign a letter of resignation knowing that he was not able to understand the contents of the document; 2) he was terminated in retaliation for exercising his right to take a medical leave; and 3) even if he did resign his employment, he was forced to do so because the working conditions exacerbated his medical problems and his employer refused to provide a suitable accommodation. We affirm.

STATE OF NEW JERSEY v. MARC A. JORDAN

PER CURIAM Defendant Marc A. Jordan appeals from the denial of his motion to withdraw his guilty plea. The trial court denied the motion on the basis that it was barred by the doctrine of res judicata. We reverse and remand in order that the motion be heard on the merits.

STATE OF NEW JERSEY v. ARLIVIA MITCHELL

PER CURIAM Defendant Arlivia Mitchell appeals from an October 5, 2006 order denying his petition for post-conviction relief (PCR). We affirm.

March 4, 2010

LEROY WRIGHT v. NEW JERSEY STATE PAROLE BOARD

PER CURIAM On November 15, 2004, defendant, Leroy Wright, pled guilty to second-degree possession with the intent to distribute a controlled dangerous substance, N.J.S.A. 2C:35-5, and to a third-degree charge under a different indictment of possession with the intent to distribute a controlled dangerous substance within 1000 feet of a school zone, N.J.S.A. 2C:35-7. On December 2, 2005, he pled guilty to an additional third-degree school zone offense. Two of the crimes were committed while defendant was free on bail from the first charge. On December 2, defendant was sentenced to concurrent terms on all three crimes, receiving, in total, a sentence of ten years in custody with a three-year parole disqualifier.

J.S - v. STATE HEALTH BENEFITS COMMISSION

PER CURIAM Appellant J.S., on behalf of her minor daughter, E.D., challenges the decision of the State Health Benefits Commission (Commission) denying coverage for physical and occupational therapies. E.D. is covered under NJ PLUS, a plan established within the New Jersey State Health Benefits Program and administered by Horizon Blue Cross Blue Shield (Horizon). After reviewing the record and applicable law in light of the arguments advanced on appeal, we reverse and remand for further proceedings.

In the Matter of BOROUGH OF EAST RUTHERFORD - and EAST RUTHERFORD P.B.A LOCAL 275

PER CURIAM Appellant Borough of East Rutherford and respondent East Rutherford P.B.A. Local 275 were parties to a collective negotiating agreement for the period running from January 1, 2005 to December 31, 2009. The agreement provided that "[t]he Borough will continue to provide and pay for existing Medical and prescription plans and coverage for Employees covered by this Agreement and their families," and that "[a]ll increases in premiums during the term of this Agreement shall be borne entirely by the Borough pursuant to present practice." Since January 1, 2002, East Rutherford has provided medical insurance coverage to its employee through the State Health Benefits Plan (SHBP). When the collective negotiating agreement involved in this appeal was entered into, the SHBP required members who were enrolled in the NJ PLUS and HMO plans to make $5 co-payments for doctor office visits. However, effective in 2007, the State Health Benefits Commission (SHBC) increased the amount of this co-payment from $5 to $10.

ROBIN RUDNITSKY v. GARY RUDNITSKY

PER CURIAM In this matrimonial appeal, we examine a number of determinations made by the Family Part judge at the conclusion of an eight-day trial. We affirm in part, modify in part, and remand for the entry of an amended judgment.

PASSAIC BETH ISRAEL HOSPITAL v. LORENZO PEREZ

PER CURIAM In an earlier appeal in this declaratory judgment action, we examined the trial court's summary determination that a 2000 written settlement agreement not only resolved Lorenzo Perez's then-pending 1997 suit for damages against his former employer, Passaic Beth Israel Hospital (the hospital), that involved claims of discrimination and wrongful termination (the employment action), but also encompassed Perez's then-pending 1998 workers' compensation action (the compensation action). Passaic Beth Israel Hosp. v. Perez, No. A-4595-06T2 (App. Div. March 7, 2008). Finding the judge was mistaken in summarily rejecting plaintiff's plausible interpretation that the agreement did not encompass the compensation action, we remanded for an evidentiary hearing to examine the circumstances surrounding the settlement agreement's formation and other extrinsic evidence.

PCBSS OBO BETTY SANZARI v. HAMID SHABAZZ

PER CURIAM Defendant Hamid Shabazz appeals from a January 9, 2009 order of the Family Part allowing his child support obligation to accrue during his incarceration, but suspending its enforcement during this period. We affirm.

GENERAL SECURITY PROPERTY & CASUALTY INSURANCE COMPANY v. NEW HAMPSHIRE INSURANCE COMPANY

PER CURIAM General Security Property & Casualty Insurance Company ("General") appeals from a trial court order granting summary judgment to defendant New Hampshire Insurance Company ("New Hampshire"). After reviewing the record in light of the contentions advanced on appeal, we affirm.

DONNA TSITSOULAS v. LAZAROS TSITSOULAS

PER CURIAM Defendant Lazaros Tsitsoulas appeals from a January 16, 2009 order denying his application for enforcement of litigant's rights related to visitation with his children and denying relief as to certain financial issues. We hereby reverse and remand.

G. C. V v. M. P.

PER CURIAM Defendant M. P. appeals from a final restraining order entered by the Family Part pursuant to a complaint filed by plaintiff G. C. V. under the Prevention of Domestic Violence Act, N.J.S.A. 2C:25:17 to -33. Although the legal position set forth in this appeal is not stated in conformance with the requirements of Rule 2:6-2, we infer the thrust of defendant's argument to be predicated upon a lack of evidence supporting the trial court's finding that he committed an act of domestic violence against plaintiff. We reject this argument and affirm.

DAVID DELLA VALLE v. ANGEL REMODELING

PER CURIAM Defendants Angel Remodeling and Steven Carpineta appeal from a final judgment in the Special Civil Part awarding plaintiffs David Della Valle and Jennifer Della Valle $15,000 for breach of a home-improvement contract into which the parties entered for work to be performed on plaintiffs' home; $45,000 for treble damages under the Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -184; and $2091 as a CFA counsel-fee award. We reverse.

BARBARA ZAHL v. JAMES ZAHL

PER CURIAM Defendant James F. Zahl appeals from an order entered by the Family Part on March 11, 2009, which denied his motion to reduce or eliminate his child support obligation and require plaintiff Barbara Zahl to bear a portion of the cost of their son's health insurance. We affirm.

SEAN D. NAVE v. VINCENT GONZALEZ

PER CURIAM Plaintiff appeals from the March 9, 2009 Law Division order granting summary judgment to intervenor Proformance Insurance Co. (Proformance). We affirm.

NEW JERSEY EDUCATION ASSOCIATION v. STATE OF NEW JERSEY

PARRILLO, J.A.D. Plaintiffs, the New Jersey Education Association (NJEA) and certain of its active and retired members, brought this action to redress shortfalls in the State's statutorily-mandated contributions to the Teachers' Pension and Annuity Fund (TPAF) for fiscal years (FY) 2004 through 2007. The Law Division ruled, as a matter of law, that the State was contractually obligated to plaintiffs for full funding of TPAF, but that, as a matter of fact, plaintiffs failed to show that the Legislature's funding gaps substantially impaired TPAF's ability to pay benefits for the next thirty years, so as to violate the Contract Clauses of the State and Federal constitutions. Accordingly, the Law Division dismissed the complaint, and plaintiffs now appeal. We affirm, finding that TPAF members, although entitled by law to the receipt of vested benefits upon retirement, possess no constitutionally-protected contract right to the particular level, manner or method of State funding provided in the statute.

STATE OF NEW JERSEY v. DADJE DAWARA

PER CURIAM Defendant Dadje Dawara appeals from an order entered by the trial court on April 2, 2008, denying his petition for post-conviction relief (PCR). We affirm.

MARY LAURIA v. JOSEPH T. GRASSI

PER CURIAM Defendant Joseph T. Grassi appeals from a post-judgment matrimonial order requiring him to pay $1800 each month in permanent alimony to his former wife, plaintiff Mary Lauria. He argues that plaintiff's application for alimony could not have been resolved without a plenary hearing due to disputed issues of fact as to the marital lifestyle. We affirm.

STATE OF NEW JERSEY v. ANTHONY ALVES

PER CURIAM Defendant Anthony Alves appeals from an order denying his petition for post-conviction relief (PCR). We affirm.

STATE OF NEW JERSEY v. J.I.F

PER CURIAM Defendant J.I.F. appeals from a final judgment convicting him of the lesser-included offense of assault, a disorderly per­sons offense, contrary to N.J.S.A. 2C:12-1a(1); third-degree criminal restraint, contrary to the N.J.S.A. 2C:13-2a; third-degree witness tampering, contrary to N.J.S.A. 2C:28-5a; and fourth-degree harassment while on parole, contrary to the provi­sions of N.J.S.A. 2C:33-4e, on which an aggregate sentence of nine years imprisonment was imposed. We now reverse.

March 3, 2010

NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. J.K.

PER CURIAM Defendant J.K., the biological mother of twin daughters ("V.A.K." and "V.E.K."), appeals from a final judgment of guardianship terminating her parental rights pursuant to N.J.S.A. 30:4C-15.1a. The judgment resulted from a trial in the Family Part conducted over six intermittent days in May and June 2008. We affirm.

ERIC C. BARZDA v. NANCY CLEMENTE

PER CURIAM Plaintiff Eric C. Barzda appeals from the order of the Law Division dismissing his action against his former paramour, defendant Nancy Clemente, which sought a judicial declaration that he continues to have an interest in real property he had at one time jointly owned with defendant. The trial court concluded that plaintiff's claim against defendant was barred by the doctrine of judicial estoppel. We affirm.

AMIN YOUSEF v. GENERAL DYNAMICS CORPORATION

PER CURIAM In this appeal, we consider whether New Jersey is an inappropriate forum for the personal injury claims asserted by New Jersey residents against a Florida resident and an American corporation resulting from a South African motor vehicle accident. Because plaintiffs' choice of a New Jersey forum was not "demonstrably inappropriate," D'Agostino v. Johnson & Johnson, Inc., 225 N.J. Super. 250, 262 (App. Div. 1988), aff'd, 115 N.J. 491 (1989), the judge did not abuse his discretion in denying the motion to dismiss on forum non conveniens grounds notwithstanding the difficulties that may be encountered in accessing evidence in South Africa and notwithstanding defendants' apparent inability to assert a claim against the municipality in which the accident occurred.

STATE OF NEW JERSEY v. RAFFAELLO FERRUCCI

PER CURIAM Defendant Raffaello Ferrucci appeals his conviction for driving while intoxicated, contrary to N.J.S.A. 39:4-50. We affirm.

NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. S.Y.

PER CURIAM In this appeal, we chiefly consider whether the evidence adduced at trial was sufficient to support the judgment terminating the parental rights of defendants S.Y. and C.Y. to their two children, J.Y. and L.Y. We also examine the claims of error in the proceedings that followed our recent remand, which was permitted so that the trial court could consider whether the foster parents' subsequent divorce and other alleged changed circumstances warranted a vacation or modification of the judgment. And we consider defendant C.Y.'s claim that she was denied the effective assistance of counsel at the remand hearing. We reject all defendants' arguments and affirm.

ALBERT ROBERTS v. NEW JERSEY DEPARTMENT OF CORRECTIONS

PER CURIAM Inmate Albert Roberts appeals from a final agency decision upholding a finding of guilty on disciplinary charge *502, interfering with the taking of a count. Pursuant to N.J.A.C. 10A:4-4.1, Roberts was sanctioned with ten days of detention with credit for time served, sixty days loss of commutation time which was suspended for sixty days, and referral for custody status review. We were advised that he did not commit any other infraction during the sixty days and, therefore, did not lose commutation time.

LYNDA REITENOUER v. AAA MID ATLANTIC INSURANCE COMPANY

PER CURIAM Defendant AAA Mid Atlantic Insurance Company appeals from the judgment of the Law Division awarding plaintiff Lynda Reitenouer personal injury protection (PIP) benefits under N.J.S.A. 39:6A-4 in connection with a 2004 automobile accident. Plaintiff alleged that this accident exacerbated her preexisting condition known as reflex sympathetic dystrophy (RSD).

STATE OF NEW JERSEY v. ROBERT TAFFET

PER CURIAM Plaintiff, State of New Jersey, through the Borough of Haddonfield, appeals from the final judgment of the Law Division reversing the finding of the municipal court that defendant Robert Taffet's dog "Rocky" is a potentially dangerous dog under N.J.S.A. 4:19-23(a) and its imposition of certain measures to mitigate any future attacks. For reasons that follow, we reverse and reinstate the municipal court's judgment.

NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. S.Y.

PER CURIAM In this appeal, we chiefly consider whether the evidence adduced at trial was sufficient to support the judgment terminating the parental rights of defendants S.Y. and C.Y. to their two children, J.Y. and L.Y. We also examine the claims of error in the proceedings that followed our recent remand, which was permitted so that the trial court could consider whether the foster parents' subsequent divorce and other alleged changed circumstances warranted a vacation or modification of the judgment. And we consider defendant C.Y.'s claim that she was denied the effective assistance of counsel at the remand hearing. We reject all defendants' arguments and affirm.

STATE OF NEW JERSEY v. GERARD M. CULKIN

PER CURIAM Defendant Gerard Culkin appeals from a judgment of conviction for a violation of N.J.S.A. 39:4-50. Defendant argues that his Alcotest reading of 0.081% must be reduced by 0.005%, resulting in a reading below the per se minimum of 0.08%. Both Judge Green in the Franklin Township Municipal Court and Judge Armstrong in the Law Division, on the trial de novo, rejected the argument. We do as well and affirm the conviction.

CFM ASSOCIATES, INC. v. INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL NO. 269

PER CURIAM Plaintiffs, CFM Associates, Inc. (CFM) and its principal, Jeffrey Marko, filed a two-count complaint against defendants International Brotherhood of Electrical Workers Local Union 269 (Local 269) and its business manager, Charles L. Marciante, alleging (1) tortious interference with prospective economic advantage arising out of its relationship with Wachovia Bank, and (2) unfair labor practices under the National Labor Relations Act (NLRA) and the Labor Management Relations Act (LMRA). After discovery was completed, defendants' summary judgment motion was granted, and an order was entered dismissing the complaint.

DANIEL G. DUNCAN v. SOMERSET PATRIOTS BASEBALL CLUB

PER CURIAM Plaintiff, Daniel Duncan, appeals from a summary judgment dismissing his personal injury complaint. He attended a minor league baseball game at the field of defendant Somerset Patriots Baseball Club, L.L.C., and signed up for one of the promotions conducted between innings. The event was a three-legged race, at the commencement of which plaintiff slipped and fell and was injured. He contended that defendant was negligent in failing to maintain the premises in a safe condition and that defendant breached its duty to warn him of the risks inherent in the race under all of the attendant circumstances. The trial judge rejected those arguments and, finding the existence of no genuine dispute as to any material fact, granted summary judgment in favor of defendant. On appeal, plaintiff repeats the same arguments and further argues that the trial court failed to adequately express its findings of fact and law as required by Rule 1:7-4. We reject plaintiff's arguments and affirm.

RONNIE ALNASR v. ROBERT HATCH

PER CURIAM Plaintiff Ronnie Alnasr appeals from the dismissal of this personal injury action that he brought against defendants Robert Hatch and Virginia Hatch. We affirm.

STATE OF NEW JERSEY v. SCOTT MUNROE

PER CURIAM On September 16, 2006, a bar fight took place between defendant, Scott Munroe, and Kareem Prunty at Nuno's Pavilion in Linden. During the course of that fight, Naji Hall was shot and killed and Roger Chapman, Bryan Wyatt, Scott Reddick, and defendant were each shot and wounded. A single gun was recovered, and it was established through ballistic testing that all ammunition found at the scene and recovered from the individuals who had been shot had come from that one gun. Ownership of the gun was not established.

STATE OF NEW JERSEY v. KEVIN HOLMES

PER CURIAM Defendant was convicted by a jury of second degree burglary, N.J.S.A. 2C:18-2(a)(1). He was thereafter sentenced to a term of five years incarceration, subject to the eighty-five percent period of parole ineligibility mandated by the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2.

March 2, 2010

VONNIE KITE v. TOWNSHIP OF PENNSVILLE PLANNING BOARD

PER CURIAM Plaintiff Terri Morris (Morris) appeals from a second amended judgment dated August 22, 2008, affirming a decision by defendant Pennsville Township Planning Board (Board) that granted preliminary major subdivision approval, preliminary major site plan approval, and conditional use approval to defendant Angeloni Development, LLC (Angeloni), for a retail shopping center. After examining the record and applicable law in light of the arguments advanced on appeal, we affirm.

STATE OF NEW JERSEY v. HAKIM ROUSE

PER CURIAM Following a jury trial, defendant Hakim Rouse was found guilty of first-degree carjacking, N.J.S.A. 2C:15-2a(1); first-degree armed robbery, N.J.S.A. 2C:15-1; two counts of second-degree aggravated assault, N.J.S.A. 2C:12-1b(6); third-degree aggravated assault, N.J.S.A. 2C:12-1b(7); second-degree eluding, N.J.S.A. 2C:29-2b; second-degree possession of a firearm for unlawful purposes, N.J.S.A. 2C:39-4a; two counts of third-degree aggravated assault, N.J.S.A. 2C:12-1b(5)(a); third-degree unlawful possession of a handgun without a permit, N.J.S.A. 2C:39-5b; third-degree resisting arrest, N.J.S.A. 2C:29-2; and fourth-degree possession of a defaced firearm, N.J.S.A. 2C:39-3d. After appropriate mergers, the trial judge sentenced defendant to an term of twenty-six years in prison, subject to the 85% provisions of the No Early Release Act, N.J.S.A. 2C:43-7.2, on the carjacking offense. The sentences imposed on the remaining convictions were made concurrent subject to mandated parole disqualifiers. Defendant appeals, and subject to the remand for resentencing, we affirm.

IN THE MATTER OF THE CIVIL COMMITMENT OF J.C.

PER CURIAM The State appeals from a September 18, 2009 order of the trial court finding that the State failed to prove by clear and convincing evidence that J.C. is a sexually violent predator in need of involuntary civil commitment under the Sexually Violent Predator Act (SVPA), N.J.S.A. 30:4-27.24 to -27.38. The order directed his release from the Special Treatment Unit into the custody of the Division of Parole, which by law must supervise him for the rest of his life. N.J.S.A. 2C:43-6.4; N.J.A.C. 10A:71-6.11. The State also appeals from a November 10, 2009 order denying its motion for reconsideration. We initially granted the State's motion for a stay and accelerated this appeal. We now affirm.

C.C.P v. M.A.P

PER CURIAM Defendant M.A.P. appeals from a final restraining order (FRO) entered on August 13, 2008, pursuant to the Prevention of Domestic Violence Act (PDVA or Act), N.J.S.A. 2C:25-17 to -35; a September 2, 2008, order awarding counsel fees to plaintiff C.C.P.; and a November 14, 2008, order reconsidering and reducing plaintiff's counsel-fee award. We affirm.

STATE OF NEW JERSEY v. MAURICE PERRY

PER CURIAM Safety National Casualty Corp. (Safety), a corporate surety authorized to underwrite bail bonds in the State of New Jersey, posted bonds securing the appearance in Middlesex County of two defendants in three unrelated criminal matters, Maurice Perry and Carlos Ramos. They then failed to appear as required. In each case, the court entered a judgment of forfeiture of the bail in accordance with Rule 3:26-6, and the relevant Administrative Directives known as the "Remittitur Guidelines." In its appeals of the three bail forfeitures, Safety filed identical briefs. The matters were consolidated for purposes of oral argument and decision. On January 19, 2010, during oral argument, counsel for Middlesex County objected to consideration of the appeals due to Safety's failure in each case to comply with Rule 2:9-6(c).

STATE OF NEW JERSEY - v. CARLOS RAMOS

PER CURIAM Safety National Casualty Corp. (Safety), a corporate surety authorized to underwrite bail bonds in the State of New Jersey, posted bonds securing the appearance in Middlesex County of two defendants in three unrelated criminal matters, Maurice Perry and Carlos Ramos. They then failed to appear as required. In each case, the court entered a judgment of forfeiture of the bail in accordance with Rule 3:26-6, and the relevant Administrative Directives known as the "Remittitur Guidelines." In its appeals of the three bail forfeitures, Safety filed identical briefs. The matters were consolidated for purposes of oral argument and decision. On January 19, 2010, during oral argument, counsel for Middlesex County objected to consideration of the appeals due to Safety's failure in each case to comply with Rule 2:9-6(c).

STATE OF NEW JERSEY - v. CARLOS RAMOS

PER CURIAM Safety National Casualty Corp. (Safety), a corporate surety authorized to underwrite bail bonds in the State of New Jersey, posted bonds securing the appearance in Middlesex County of two defendants in three unrelated criminal matters, Maurice Perry and Carlos Ramos. They then failed to appear as required. In each case, the court entered a judgment of forfeiture of the bail in accordance with Rule 3:26-6, and the relevant Administrative Directives known as the "Remittitur Guidelines." In its appeals of the three bail forfeitures, Safety filed identical briefs. The matters were consolidated for purposes of oral argument and decision. On January 19, 2010, during oral argument, counsel for Middlesex County objected to consideration of the appeals due to Safety's failure in each case to comply with Rule 2:9-6(c).

TJD ARCHITECTS v. CERVINI'S AUTO DESIGNS

PER CURIAM Plaintiff, TJD Architects (TJD), appeals from summary judgment dismissing its complaint against Cervini's Auto Designs (Cervini), in which TJD sought to collect $4832.39 allegedly due for architectural services rendered. In granting summary judgment, the court concluded that an accord and satisfaction had been reached. Based upon our review of the record, the controlling legal principles, and the arguments of counsel, we conclude that material facts exist as to the accord and satisfaction issue, as a result of which summary judgment was improperly granted.

BONNI KISBERG v. FRANKLIN KISBERG

PER CURIAM Defendant Franklin Kisberg appeals from a post-judgment order denying his motion to modify the amount of spousal support he must pay plaintiff Bonni Kisberg. In 2005, the parties entered a consent order, which reduced spousal and child support based upon defendant's financial circumstances. Defendant moved for further reductions when he began repayment of past-due income taxes. Defendant asserts the trial court erred in concluding this was not a change of circumstances. Following our review of the record and the arguments of counsel, we affirm.

STATE OF NEW JERSEY v. JAMAL R. TAYLOR

PER CURIAM By leave granted, the State appeals from the order of the Law Division, Criminal Part granting defendant Jamal R. Taylor's motion for a new trial based on alleged misconduct by one of the jurors who deliberated and rendered a verdict in this case. After reviewing the record before us, we affirm.

RONALD MIESOWITZ v. SELECTIVE INSURANCE COMPANY

PER CURIAM In this declaratory phase of a personal injury cause of action, plaintiff, Ronald Miesowitz, appeals from the order of the Law Division granting defendant Selective Insurance Company's summary judgment motion and dismissing his complaint. This appeal concerns the applicability of N.J.S.A. 17:28-1.1(f), adopted by the Legislature on September 10, 2007, rendering step-down clauses in automobile insurance policies unenforceable as a matter of public policy. The trial court held that the statute applies prospectively. We affirm.

STATE OF NEW JERSEY v. ENOCK TELLUS

PER CURIAM Following a jury trial, defendant Enock Tellus was found guilty of first-degree murder, N.J.S.A. 2C:11-3a(1) and/or (2) (Count One); third-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5b (Count Two); and second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4a (Count Three). On the murder conviction, defendant was sentenced to a forty-five year term subject to an eighty-five percent parole ineligibility pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. Concurrent terms of four and seven years were imposed on the third and second-degree weapons offenses respectively. Appropriate fees and penalties were also imposed. Defendant appeals, and we affirm.

March 1, 2010

STATE OF NEW JERSEY v. RAY JACKSON

PER CURIAM Posing as an immigration official, defendant Ray Jackson gained entry to the apartment shared by a twenty-two year old woman and her husband in Paterson. According to the young woman, defendant sexually assaulted her and stole her jewelry. Based on his conduct following the burglary and sexual assault, defendant was also charged with stalking.

UNITED LEASING GROUP, INC v. HILLSIDE FIDELCO, L.L.C.

PER CURIAM Defendants Tony D'Angelo Service Center, Inc. and Tony D'Angelo, individually, ("defendants") appeal from trial court orders denying their motions to set aside a default judgment entered against them and to reduce the amount of that judgment. After reviewing the record in light of the contentions advanced on appeal, we reverse.

CHRISTOPHER ANDREACI v. LOUISE MARY ANDREACI

PER CURIAM Defendant Louise Mary Andreaci, appeals from the

STATE OF NEW JERSEY v. RONNIE BOYKIN

PER CURIAM Defendant Ronnie Boykin appeals from his conviction for possession of a firearm by a convicted person, in violation of N.J.S.A. 2C:39-7. He contends that the trial court erroneously denied his motion to suppress the gun found on his person by a police officer. We affirm.

STATE OF NEW JERSEY v. JOHN T. STASICKY

PER CURIAM Pursuant to a negotiated plea agreement, defendant John T. Stasicky entered a plea of guilty to first-degree armed robbery, N.J.S.A. 2C:15-1; and third-degree unlawful possession of a weapon, N.J.S.A. 2C:58-4. He was sentenced on March 27, 2000 to an aggregate term of imprisonment of fifteen years with a period of parole ineligibility of twelve years, nine months and three days. See The No Early Release Act, (NERA), N.J.S.A. 2C:43-7.2. This sentence ran concurrent to another sentence imposed on a second indictment resulting in the same aggregate period of incarceration. Defendant appealed his sentence, and we affirmed. The Supreme Court denied certification, ___ N.J. ___ (2003). Thereafter, defendant filed a timely petition for post-conviction relief, which was denied. In a comprehensive per curium opinion, we affirmed, and the Supreme Court denied certification. 188 N.J. 219 (2006).

STATE OF NEW JERSEY v. FRANK J. TOFFOLONI

PER CURIAM Defendant Frank Toffoloni appeals his conviction following a conditional guilty plea to driving under the influence of alcohol (DWI), in violation of N.J.S.A. 39:4-50. He contends that the Alcotest reading of his blood alcohol concentration should have been suppressed because the Alcotest machine had not been calibrated within six months of the testing, as required by State v. Chun, 194 N.J. 54, cert. denied, ___ U.S. ___, 129 S. Ct. 158, 172 L. Ed. 2d 41 (2008).

JAMES CHARLES v. DAVID P. MARINO

PER CURIAM Plaintiffs, James and Pamela Charles, purchased a home from defendant, David P. Marino. More than four-and-one-half months after acquiring title and taking possession, plaintiffs experienced a clog in the plumbing system, which caused a back up and flood of the property. Although the damage to the home was compensated by their homeowners insurance company, plaintiffs subsequently upgraded their plumbing system. They contended that the costs incurred in that work were necessary remedial action because of the defective plumbing that existed in the home when they acquired it. They brought this complaint against defendant seeking compensatory and punitive damages for breach of warranty, common law fraud, and violation of the Consumer Fraud Act.

ROBERT METRICK - v. UNITED PARCEL SERVICE

PER CURIAM Petitioner appeals from a March 18, 2009 order of the Division of Workers' Compensation, which denied petitioner's motion to reinstate his claim petitions on the ground that he had failed to make the showing of "good cause" required by N.J.S.A. 34:15-54 and dismissed the petitions with prejudice. Our review of such an order is limited to determining whether the Judge of Compensation abused his discretion in not finding "good cause" for reinstatement of the petition. See Nemeth v. Otis Elevator Co., 55 N.J. Super. 493, 497 (App. Div. 1959). There is no basis for us to reach that conclusion. We affirm the denial of petitioner's motion to reinstate his claim petitions substantially for the reasons set forth in Judge of Compensation Geist's March 18, 2009 oral opinion.

STATE OF NEW JERSEY v. KALDOUN HOMSI

PER CURIAM In June 2001, defendant negotiated for and entered a guilty plea to second degree attempted sexual assault of a fifteen-year old, N.J.S.A. 2C:14-2(c)(4) and N.J.S.A. 2C:5-1, in exchange for a recommended sentence of seven years in the custody of the Commissioner of the Department of Corrections, including five years incarceration before parole eligibility. In conformity with this agreement, on September 28, 2001, defendant was sentenced to a lesser term of five years in prison with a five-year period of parole ineligibility.

JOE F. DEBARI v. BOARD OF REVIEW DEPARTMENT OF LABOR and TOWNSHIP OF MORRIS

PER CURIAM Claimant Joe F. DeBari, also known as Gusippe DeBari, appeals from a final decision of the Board of Review (Board) denying his claim for unemployment benefits. The Board affirmed the determination of an Appeal Tribunal, which concluded claimant was discharged for gross misconduct, pursuant to N.J.S.A. 43:21-5(b), after he threatened to shoot co-workers as they arrived for work. We affirm.

THE WEST BAPTIST CHURCH v. CHURCH OF GOD OF THE GARDEN STATE INC.

PER CURIAM Plaintiff, claiming to be the West Baptist Church of Vineland, New Jersey, appeals from an order of a judge of the Chancery Division, General Equity Part, (1) dismissing its action seeking to invalidate the transfer of property formerly owned by the "original" West Baptist Church to The Church of God of the Garden State (COG-Garden State), the State organization overseeing the Church of God New Vision of Vineland (COG-New Vision), for the exclusive use and benefit of the church's parent organization, the Church of God, Cleveland, Tennessee, U.S.A. (COG-Tennessee), (2) determining that said transfer was valid and appropriate, and (3) granting clear title to the property to the Church of God of the Garden State. Defendant, third-party plaintiff, COG-New Vision, the occupier of the property, cross-appeals from the dismissal with prejudice of its claim of fraud against third-party defendant, Juan Marquez, the former pastor of COG-New Vision and, at time of trial, the present pastor of the allegedly reconstituted West Baptist Church.

STATE OF NEW JERSEY v. COLEEN ALEXANDER

PER CURIAM Defendant Coleen Alexander appeals from the order of the

February 26, 2010

STEPHEN COSTALOS SCAPE-ABILITIES, INC v. RICHARD CETLIN

PER CURIAM Defendant appeals a judgment in a breach of contract lawsuit awarding plaintiff $4,389 in damages plus $57 costs. We affirm.

STATE OF NEW JERSEY v. JAMES O. BRYANT, JR

PER CURIAM Defendant James O. Bryant, Jr., appeals from his conviction for refusal to submit to a breath test and reckless driving. He contends that he was harassed by the police and that they retaliated against him, that he was not intoxicated, that his constitutional and civil rights were violated by his arrest and the use of a false police report as evidence, and that his trial was held a year and three weeks after the charges arose.

STATE OF NEW JERSEY v. ERIK ELLISON

PER CURIAM Defendant, Erik Ellison, appeals the trial court's denial of his petition for post-conviction relief ("PCR"). We affirm.

STATE OF NEW JERSEY v. CHARLES TOWNSEND

PER CURIAM Defendant was convicted at a jury trial of third-degree receiving stolen property and sentenced to the custody of the Commissioner of the Department of Corrections for four years. On this appeal, he argues:

STATE OF NEW JERSEY v. ENRIQUE IGLESIAS

PER CURIAM Defendant appeals from an order denying his application for post-conviction relief. We affirm.

STATE OF NEW JERSEY v. JULIO HENRIQUEZ

PER CURIAM After losing his motion to suppress evidence seized by the police in a warrantless search, defendant agreed to plead guilty to third degree possession of marijuana in a school zone with intent to distribute, N.J.S.A. 2C:35-7(Count Three), and third degree possession of a handgun without a permit, N.J.S.A. 2C:58-4 and N.J.S.A. 2C:39-5(b)(Count Four). In accordance with the plea agreement, defendant received concurrent five year prison terms with the further stipulation on Count Three of parole ineligibility for twenty-seven months.

NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. E.K.B.

PER CURIAM E.K.B. is the biological mother of V.N.B., who was born on May 6, 2005. She appeals from the trial court judgment terminating her parental rights. After reviewing the record in light of the contentions advanced on appeal, we affirm.

IN THE MATTER OF THE SUSPENSION OR REVOCATION OF THE LICENSE OF GANGARAM RAGI, M.D.

PER CURIAM We review the imposition of sanctions against a physician by the State Board of Medical Examiners (Board). Finding the Board's grant of a motion for summary decision inappropriate, we reverse and remand for a full contested proceeding.

C.F v. L.M

PER CURIAM Defendant L.M. appeals from a final restraining order under the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35, entered on January 14, 2009, after trial. We affirm.

STATE OF NEW JERSEY v. WILLIAM STEPHEN DEMKO, JR

PER CURIAM Defendant, William S. Demko, Jr., after entering an unconditional open guilty plea, appeals the denial of his motion to dismiss the indictment and the court's refusal to admit him into the Pretrial Intervention Program (PTI). For the reasons that follow, we affirm.

STATE OF NEW JERSEY v. VICTOR VASQUEZ

PER CURIAM Defendant Victor Vasquez was found guilty by a jury of first-degree robbery, N.J.S.A. 2C:15-1a (count one); third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4d (count three); fourth-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5d (count four); third-degree aggravated assault, N.J.S.A. 2C:12-1b(2) (count five); and third-degree hindering apprehension, N.J.S.A. 2C:29-3b(4) (count six). Count two, conspiracy to commit robbery, was dismissed by the State prior to trial. Following appropriate mergers, defendant was sentenced on December 14, 2007, to fifteen years in New Jersey state prison, subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, on count one, first-degree robbery. All other sentences were run concurrently to count one, namely four years imprisonment on count three and four years imprisonment on count six.

JOAN STEPHENSON v. JULIE MCWILLIAMS

PER CURIAM Plaintiff Joan Stephenson appeals the grant of summary judgment dismissing her claims against defendants Sussex County Community College (College), certain individually named officers and employees of the College, defendant Sussex County Board of Chosen Freeholders, defendant Sussex County Community College Adjunct Faculty Federation (Federation), and defendant Hank Pomerantz, who was the Federation's Vice-President. We affirm in part and reverse in part.

February 25, 2010

SUSAN WEITZ v. ARTHUR WEITZ

PER CURIAM Defendant Arthur Weitz appeals from orders of the Family Part denying his post-judgment motions to terminate payment of alimony and for reconsideration. We affirm.

WAYNE RICKARDS v. FLORENCE HESS

PER CURIAM Plaintiff Wayne Rickards appeals from the denial of his motions to set aside the jury verdict and order a new trial following a no cause defense verdict in this negligence action for injuries incurred in a fall on the property of defendant Florence Hess. We affirm.

SANDY ZOELLER v. SCOTT D. DEMAREST

PER CURIAM Defendant Scott D. Demarest appeals the denial of his cross-motion for a reduction in child support and other relief. We affirm.

MARK COCKROFT v. JACQUELINE COCKROFT

PER CURIAM Plaintiff Mark Cockroft appeals from those parts of the January 7, 2009 Family Part order that denied his post-judgment of divorce motion. Defendant Jacqueline Cockroft cross-appeals from that part of the same order denying her application for counsel fees. On the appeal, we affirm in part and reverse in part. On the cross-appeal, we reverse.

ALBERT L. LEPERA v. KIRK M. CHAGNON

PER CURIAM Albert L. Lepera (Lepera) appeals from an order entered by the trial court on January 5, 2009, which required that he pay Bergen Risk Managers (Bergen Risk) $58,718.91 to satisfy a workers' compensation lien on the proceeds of his personal injury action against Kirk H. Chagnon (Chagnon) and Hackensack University Medical Center (HUMC). Lepera argues that the court did not have jurisdiction to enter the order and, if it did, erred by ordering him to pay more than $41,134.20. Bergen Risk cross-appeals from the order and argues that the court erred by reducing the amount of its claim. For the reasons that follow, we reject these contentions and affirm.

JENNIE ANNE ROOTH v. BOARD OF REVIEW, DEPARTMENT OF LABOR

PER CURIAM Appellant, Jennie Anne Rooth, appeals from the December 23, 2008 final decision of the Board of Review (Board), which affirmed the November 5, 2008 determination by the Appeal Tribunal that she was disqualified for benefits under N.J.S.A. 43:21-5(a) because she left work voluntarily without good cause attributable to the work. Appellant argues that the record does not support the finding that she voluntarily left work. She contends she was terminated against her will. As part of her argument, she alleges discriminatory disparate treatment. We reject appellant's arguments and affirm.

IN THE MATTER OF SEVEN STATE TROOPERS

PER CURIAM On December 7, 2007, a young woman reported to the emergency room of a hospital for treatment following a night of sexual activity with several men. She acknowledged that some of the activity was consensual; she equivocated whether all of it was consensual. Accordingly, the local police were notified. Following an extensive investigation, the county prosecutor determined not to present the matter to a grand jury but referred the matter to the State Police for consideration of disciplinary charges.

IN THE MATTER OF THE MERIDIAN HEALTH SYSTEM OCEAN MEDICAL CENTER'S STATE FISCAL YEAR 2009 CHARITY CARE ALLOCATION

PER CURIAM This is a consolidated appeal by three hospitals, Ocean Medical Center, Jersey Shore Medical Center and Riverview Medical Center, all members of the Meridian Health System, from final decisions of the Commissioner of Health and Senior Services denying their appeals of the Department of Health and Senior Services' (DHSS) determinations of their allocations of the legislative appropriation for charity care subsidies for the 2009 fiscal year (July 1, 2008 to June 30, 2009).

IN THE MATTER OF THE MERIDIAN HEALTH SYSTEM OCEAN MEDICAL CENTER'S STATE FISCAL YEAR 2009 CHARITY CARE ALLOCATION

PER CURIAM This is a consolidated appeal by three hospitals, Ocean Medical Center, Jersey Shore Medical Center and Riverview Medical Center, all members of the Meridian Health System, from final decisions of the Commissioner of Health and Senior Services denying their appeals of the Department of Health and Senior Services' (DHSS) determinations of their allocations of the legislative appropriation for charity care subsidies for the 2009 fiscal year (July 1, 2008 to June 30, 2009).

IN THE MATTER OF THE MERIDIAN HEALTH SYSTEM OCEAN MEDICAL CENTER'S STATE FISCAL YEAR 2009 CHARITY CARE ALLOCATION

PER CURIAM This is a consolidated appeal by three hospitals, Ocean Medical Center, Jersey Shore Medical Center and Riverview Medical Center, all members of the Meridian Health System, from final decisions of the Commissioner of Health and Senior Services denying their appeals of the Department of Health and Senior Services' (DHSS) determinations of their allocations of the legislative appropriation for charity care subsidies for the 2009 fiscal year (July 1, 2008 to June 30, 2009).

MIDDLEBROOKS & SHAPIRO, P.C. v. DOROTHY BONANNO

PER CURIAM Plaintiff Middlebrooks & Shapiro, P.C. (M&S) filed a complaint to recover $148,972.27 that it alleged Dorothy Bonanno owed for legal services provided between April 5, 1998 and November 30, 1999. M&S asserted a right to payment based on breach of contract, unjust enrichment and quantum meruit. Mrs. Bonanno filed a counterclaim charging M&S with breach of contract and legal malpractice. M&S filed a third-party complaint seeking contribution and indemnification from others who allegedly advised Mrs. Bonanno in the same matters. The third-party defendants are two lawyers — Keith A. McKenna and Anthony Ambrosio; three law firms — McKenna, Mulcahy & McKenna, L.L.P., Anthony Ambrosio, P.C., and Ambrosio, Kyreakakis, DiLorenzo, Moraff & McKenna; and one accountant — Frank M. Cerreta.

GEORGE R. SZYMANSKI v. HARRIS C. LEGOME

PER CURIAM Plaintiff George R. Szymanski (plaintiff) commenced this action for damages based on an attorneys' lien he claims attached to the settlement funds received by his former client, defendant Jessica Allen (Allen), in a personal injury suit plaintiff commenced on her behalf. The settlement was achieved after plaintiff was replaced as Allen's attorney by defendants Harris C. Legome, Bruce A. Wallace, and Wallace & Legome, LLP (defendants).

HSBC BANK USA v. MARIANNE SYLVESTER

PER CURIAM In this appeal, we consider whether the trial judge erred in denying defendant's motion to vacate a default judgment in this mortgage foreclosure action. We conclude the judge correctly found the absence of excusable neglect and, therefore, affirm.

MIDDLEBROOKS & SHAPIRO, P.C. v. DOROTHY BONANNO

PER CURIAM Plaintiff Middlebrooks & Shapiro, P.C. (M&S) filed a complaint to recover $148,972.27 that it alleged Dorothy Bonanno owed for legal services provided between April 5, 1998 and November 30, 1999. M&S asserted a right to payment based on breach of contract, unjust enrichment and quantum meruit. Mrs. Bonanno filed a counterclaim charging M&S with breach of contract and legal malpractice. M&S filed a third-party complaint seeking contribution and indemnification from others who allegedly advised Mrs. Bonanno in the same matters. The third-party defendants are two lawyers — Keith A. McKenna and Anthony Ambrosio; three law firms — McKenna, Mulcahy & McKenna, L.L.P., Anthony Ambrosio, P.C., and Ambrosio, Kyreakakis, DiLorenzo, Moraff & McKenna; and one accountant — Frank M. Cerreta.

HOVBILT, INC v. PETER LAIR

PER CURIAM This appeal arises out of a dispute between a developer, plaintiff Hovbilt, Inc., and defendants Peter Lair and Lair Real Estate Services, Inc., concerning Lair's services as Hovbilt's confidential intermediary in the acquisition of two parcels of land. Hovbilt chose to acquire the two parcels to enhance its prospects of obtaining approval from the Jackson Township Planning Board (Board) for the creation of a 965-unit housing development. After nearly three years of stalling by Lair, during which he repeatedly evaded Hovbilt's requests to convey the two parcels to Hovbilt as the parties' oral agreement required, and after Hovbilt discovered that Lair had fraudulently transferred one of the two parcels into his own name and had encumbered it with a mortgage, Hovbilt filed suit against Lair. After the court ordered Lair to convey the two parcels to Hovbilt, the judge sua sponte permitted Lair to assert a counterclaim to obtain payment for the strawman services Lair had rendered on Hovbilt's behalf.

JOHN GOOD v. PATRICK OBU

PER CURIAM Plaintiff John Good appeals from a judgment entered by the trial court on May 20, 2009, dismissing his complaint against defendants Patrick Obu (Obu) and Dexter Nelson (Nelson) with prejudice. We affirm.

February 24, 2010

KAREN A. TEPE v. DAVID W. TEPE

PER CURIAM The parties were married in September 1990, and they have two children. The older child, a daughter, is seventeen years old and the younger child, a son, is thirteen. Defendant David Tepe appeals from an order dated July 25, 2008, denying his motion to vacate an amended final judgment of divorce (JOD) dated October 21, 2004.

County of Bergen Employee benefit Plan and the counTy of bergen v. horizon blue cross blue shield of new jersey, acs recovery services, inc primax recoveries, inc and insurance design administrators

PARRILLO, J.A.D. We granted leave to appeal to determine whether plaintiffs' claims against defendants, for failure to pursue subrogation actions to recover medical expenses plaintiffs paid to certain insureds who brought personal injury claims against third-party tortfeasors, are barred by the Collateral Source Rule, N.J.S.A. 2A:15-97 (Section 97). For reasons that follow, we conclude that the trial court erred in denying defendants' Rule 4:6-2(e) motion to dismiss plaintiffs' complaint and therefore reverse.

VICTOR A. VESTON v. NEW JERSEY DEPARTMENT OF CORRECTIONS

PER CURIAM Defendant Victor A. Veston appeals from the final agency decision of respondent New Jersey Department of Corrections (DOC) imposing disciplinary sanctions for committing prohibited acts *.101 (escape), and *.204 (use of any prohibited substances such as drugs, intoxicants or related paraphernalia not prescribed for the inmate by the medical or dental staff), N.J.A.C. 10A:4-4.1. We affirm.

STATE OF NEW JERSEY v. RAMON LEONARDO ACOSTA

PER CURIAM Defendant Ramon Acosta was found guilty by a jury of third-degree conspiracy to commit burglary, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:18-2 (count one); third-degree conspiracy to commit theft by unlawful taking, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:20-3 (count two); third-degree theft by unlawful taking, N.J.S.A. 2C:20-3 (count four); second-degree eluding, N.J.S.A. 2C:29-2b (count five); third-degree resisting arrest, N.J.S.A. 2C:29-2a (count six); third-degree hindering prosecution, N.J.S.A. 2C:29-3b (count eight); and fourth-degree hindering the prosecution of another, N.J.S.A. 2C:29-3b (count nine). Defendant was acquitted of count three, a third-degree burglary.

EFREM BALL v. BOARD OF REVIEW, DEPARTMENT OF LABOR and WORKFORCE DEVELOPMENT and CENTRAL LEWMAR, L.L.C.

PER CURIAM Appellant Efrem Ball appeals from the final decision of the Board of Review (Board) that affirmed the Appeal Tribunal's determination that he is disqualified from receiving unemployment benefits because he left work voluntarily without good cause attributable to such work, N.J.S.A. 43:21-5(a).

SZAFERMAN, LAKIND, BLUMSTEIN BLADER and LEHMANN, P.C. v. ROBERT PARISE AND MARJORIE PARISE

PER CURIAM Defendants, Robert and Marjorie Parise, appeal from summary judgment entered on October 24, 2008, awarding plaintiff Szaferman, Lakind, Blumstein, Blader & Lehmann, P.C. outstanding legal fees of $125,755.60 and dismissing defendants' counterclaim, which alleged legal malpractice and fraud. Defendants also appeal from a December 5, 2008 order denying their request for reconsideration. On appeal, defendants argue:

JOSEPH A. DONELSON and JOHN SEDDON Cross v. DuPONT CHAMBERS WORKS Cross- and PAUL KAISER

BAXTER, J.A.D. This is an appeal by defendant DuPont Chambers Works from the denial of its post-trial motions after a jury awarded DuPont's former employee, plaintiff John Seddon, $724,000 as compensatory damages and $500,000 as punitive damages, based upon the jury's finding of a violation of plaintiff's rights under the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -8. The entire amount of the jury's award of compensatory damages was for plaintiff's economic loss. The jury awarded nothing for his emotional pain and suffering. Defendant also appeals from the trial judge's award of attorney's fees to plaintiff in the amount of $523,289.

POLICEMEN'S BENEVOLENT ASSOCIATION, LOCAL NO. 11 v. CITY OF TRENTON

PER CURIAM Plaintiff Policemen's Benevolent Association, Local No. 11

JUDITH A. SCHAFER

PER CURIAM Third-party defendant Harleysville Insurance Company of New Jersey ("Harleysville") appeals from trial court orders directing it to provide a defense and indemnification to defendant Paragano Custom Building, Inc. ("Paragano") and denying its motion for reconsideration. After reviewing the record in light of the contentions advanced on appeal, we reverse.

DAWN CHASE and MICHAEL RANDOLPH v. BLAZE BAIL BONDS

PER CURIAM Plaintiffs Dawn Chase and Michael Randolph appeal the dismissal of their complaint against defendant Blaze Bail Bonds (Blaze) at the conclusion of their presentation of evidence. We affirm.

GLENWOOD AVENUE JEANNY SUNG KOO v. TOWNSHIP OF BLOOMFIELD

PER CURIAM Petitioner Jeanny Sung Koo, appeals from a January 16, 2009 final decision of the Commissioner of the Department of Community Affairs (Commissioner), denying her application for relocation assistance pursuant to the Relocation Assistance Act (Act), N.J.S.A. 20:4-1 to -22. We affirm.

CITY OF JERSEY CITY v. THERESA VASQUEZ

PER CURIAM Plaintiff, City of Jersey City (the City), appeals from a judgment of the Law Division dismissing its amended complaint, and seeks to reinstate a "second repayment mortgage." The City argues (1) summary judgment was erroneously granted to defendant, Theresa Vasquez, (2) "dismissal of plaintiff's complaint due to procedural deficiencies constituted reversible error," (3) the decision of the Law Division is "contrary to important public policy," (4) it was improper to dismiss the complaint for lack of standing, (5) it was "reversible error" to dismiss the complaint for lack of joinder of an indispensible party, and (6) the dismissal on the merits also constituted "reversible error." Plaintiff requests "reinstate[ment]" of the complaint "to the trial list," presumably in the Chancery Division, as it now seeks only equitable relief.

NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. M.Q.

PER CURIAM Defendant M.Q. appeals from a final judgment of guardianship entered on May 1, 2009, which terminated her parental rights to her son J.E.Q. We affirm the judgment substantially for the reasons set forth in Judge Katz's comprehensive May 7, 2009 written decision. Defendant's arguments do not warrant any additional discussion. R. 2:11-3(e)(1)(E).

STATE OF NEW JERSEY v. F.G.

PER CURIAM On March 4, 2005, defendant pled guilty pursuant to a plea bargain to a charge of aggravated sexual assault, in violation of N.J.S.A. 2C:14-2(a)(1). The victim of the sexual assault to which defendant pled guilty was his stepdaughter, who was under the age of thirteen at the time of the offense. The trial court sentenced defendant in accordance with the plea bargain to a twelve-year term of imprisonment. Defendant was also ordered to register under Megan's Law and to be subject to community supervision for life upon his release from incarceration. Defendant did not file a direct appeal from his conviction and sentence.

LEOPOLDO A. CABA, AMADO VASQUEZ and NERIS VASQUEZ v. GERALD J. FERENCZ

PER CURIAM Plaintiffs Leopoldo Caba, Amado Vasquez and Neris Vasquez appeal from the order of the Law Division entered on April 3, 2009, denying their motion to reinstate their complaint that was administratively dismissed pursuant to Rule l:13-7(a), and from the order of May 28, 2009, denying their motion for reconsideration. After considering plaintiffs' arguments in light of the record and applicable law, we affirm.

W.B. v. DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES and HUNTERDON COUNTY BOARD OF SOCIAL SERVICES

PER CURIAM This is an appeal on behalf of W.B., a mentally incapacitated person, contesting a May 13, 2008 final agency decision of the Division of Medical Assistance and Health Services ("the Division"). Appellant challenges the Division's decision insofar as it set May 1, 2007 as the effective date of W.B.'s eligibility for Medicaid benefits. In particular, appellant contends that the Division erroneously treated certain stock held in W.B.'s name as a disqualifying financial resource until that stock was liquidated in April 2007. We affirm.

February 23, 2010

STATE OF NEW JERSEY v. HAROLD B. POWELL, JR.

PER CURIAM Defendant was charged in a six-count indictment as follows: (1) third-degree receiving stolen property (a motor vehicle), N.J.S.A. 2C:20-7a; (2) fourth-degree unlawful taking of a means of conveyance, N.J.S.A. 2C:20-10b; (3) fourth-degree making false statements in procuring a credit card, N.J.S.A. 2C:21-6b; (4) third-degree unlawful use of a credit card, N.J.S.A. 2C:21-6d(2); (5) third-degree fraudulent use of a credit card, N.J.S.A. 2C:21-6h; and (6) third-degree theft by deception, N.J.S.A. 2C:20-4. At the end of the State's case, the court granted defendant's motion for acquittal as to counts one and two. The jury convicted defendant of the remaining counts. He was sentenced to an aggregate term of three years probation, conditioned upon serving 180 days in the county jail. Defendant raises the following argument on appeal:

STATE OF NEW JERSEY IN THE INTEREST OF M.C.

PER CURIAM Juvenile, M.C., appeals the Family Part's order denying his motion to suppress evidence of marijuana found in a warrantless search of the car he was driving. He also challenges as excessive the concurrent sentences imposed on two separate charges, possession of under fifty grams of marijuana, a disorderly persons offense, contrary to N.J.S.A. 2C:35-10a(4), and disorderly conduct, a petty disorderly persons offense, contrary to N.J.S.A. 2C:33-2a(1). We affirm.

STATE OF NEW JERSEY v. BRIAN E. SCOTT

PER CURIAM A jury found defendant guilty of six counts of receiving stolen property, in violation of N.J.S.A. 2C:20-7(a), four of which were third-degree and the other two fourth-degree offenses. The trial court sentenced defendant to an extended-term sentence of eight years imprisonment, with four years of parole ineligibility, for one of the third-degree offenses. The court imposed concurrent five-year terms for the other third-degree offenses and concurrent eighteen-month terms for the fourth-degree offenses. Defendant's sentence was made concurrent, but not coterminous, with a related Somerset County sentence he was already serving.

STATE OF NEW JERSEY v. SULEIMAN MOHAMMAD

PER CURIAM Defendant Suleiman Mohammad appeals from the judgment of conviction entered in the Law Division after a de novo review on the record appeal from the Clifton municipal court. We affirm.

D.S. v. R.A.

PER CURIAM Defendant, R.A., appeals from a final restraining order entered under the Prevention of Domestic Violence Act of 1991 (Act), N.J.S.A. 2C:25-17 to -35, in favor of plaintiff, D.S. The predicate offense was harassment (N.J.S.A. 2C:33-4). See N.J.S.A. 2C:25-19a(13). Defendant argues that entry of the order was error because (1) plaintiff failed to prove a predicate act of domestic violence, (2) plaintiff failed to provide a history of domestic violence, (3) plaintiff's restraining order was intended to assist her in her pending palimony claim, and (4) the order is contrary to public policy. We reject these arguments and affirm.

STATE IN THE INTEREST OF D.T.

PER CURIAM D.T., a juvenile, appeals from an adjudication of delinquency for an offense that would constitute simple assault under N.J.S.A. 2C:12-1a(1) if committed as an adult. On appeal D.T. contends the court erred in crediting the testimony of the victim, M.V., and thus its finding that D.T. kicked M.V. is not supported by sufficient credible evidence. We affirm.

STATE OF NEW JERSEY v. JOSEPH COOKE

PER CURIAM Defendant, Joseph Cooke, appeals from the denial of his petition for post-conviction relief (PCR) following an evidentiary hearing. On appeal, he makes the following arguments:

STATE OF NEW JERSEY v. JOSEPH ABBOTT

PER CURIAM Defendant appeals from the trial court order denying his petition for post-conviction relief ("PCR"). After reviewing the record in light of the contentions advanced on appeal, we affirm the order under review but remand to correct the judgment of conviction.

STATE OF NEW JERSEY v. ROLAND BRUTTON, JR.

PER CURIAM Defendant Roland Brutton appeals from convictions following a jury trial on one indictment and the entry of a guilty plea on another. Following a jury trial of the charges stated in Indictment No. 04-08-0598-I, defendant was convicted of two counts of third degree distribution of a CDS (heroin), N.J.S.A. 2C:35-5(a)(1) and -5(b)(3); and one count of third degree conspiracy to distribute a CDS, N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:5-2(a)(1). Judge Frank W. Gasiorowski merged all three counts and imposed a five-year term. Following this conviction, defendant pleaded guilty pursuant to an agreement with the State to three charges listed in Indictment No. 05-05-413-I: third degree possession of a CDS (heroin) with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and -5(b)(3); third degree possession of a CDS with intent to distribute while within 1,000 feet of school property, N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-7; and third degree possession of a CDS, N.J.S.A. 2C:35-10(a)(1). Judge Gasiorowski merged the three counts and imposed a four-year term with a nineteen-month parole disqualifier to run consecutively with the sentences imposed on the conviction on Indictment No. 04-08-0598-I. We affirm.

STATE OF NEW JERSEY v. KELVIN L. McLEAN

PER CURIAM Defendant Kelvin McLean was found guilty by a jury of possession of cocaine, N.J.S.A. 2C:35-10a(1) (count one); possession of heroin, N.J.S.A. 2C:35-10a(1) (count four); possession of heroin with intent to distribute, N.J.S.A. 2C:35-5a(1) and N.J.S.A. 2C:35-5b(3) (count five); and possession of heroin with intent to distribute within 1000 feet of school property, N.J.S.A. 2C:35-7 (count six). He was acquitted of count two, possession of cocaine with the intent to distribute, and count three, possession of cocaine with the intent to distribute within 1000 feet of school property. On August 8, 2007, following merger of counts four and five into count six, defendant was sentenced on count six to a ten-year mandatory extended term with a five-year period of parole ineligibility, pursuant to N.J.S.A. 2C:43-6f. A concurrent five-year term was imposed on count one. Appropriate fines and penalties were imposed. Defendant appeals and we affirm.

STATE OF NEW JERSEY v. RACHEL MARSHALL

PER CURIAM On leave granted, we review the trial court's denial of defendant Rachel Marshall's motion to dismiss, as time-barred, the four discrete counts of the instant indictment that charge her individually with crimes. For reasons explained in this opinion, we reverse the trial court as to the three counts accusing defendant of substantive crimes, which are factually based on her alleged conduct outside of the five-year criminal statute of limitations, established at N.J.S.A. 2C:1-6b(1). However, with respect to the other count_charging defendant with participation in a conspiracy to engage in illegal racketeering activity_we reject her contention of untimeliness, but do so without prejudice to the trial judge's reconsideration of that contention after further development of the factual record. In particular, the trial court shall reexamine the timeliness of the racketeering conspiracy charges against defendant after relevant proofs are potentially adduced at trial concerning such issues as: the duration of the alleged conspiracy, the timing of overt acts by co-conspirators, and whether or not defendant withdrew, or attempted to withdraw, from the conspiracy more than five years before the indictment against her was issued.

IN THE MATTER OF THE CIVIL COMMITMENT OF E.S.T., SVP-249-02

PER CURIAM E.S.T. appeals from an order of August 12, 2009, continuing his civil 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. We affirm.

March 9, 2010

State v. Jason V. Broom-Smith

PER CURIAM The Court considers the validity of a search warrant issued by a municipal court judge with respect to premises outside his territorial jurisdiction.

March 8, 2010

In re Election Law Enforcement Commission Advisory Opinion No. 01-2008

ALBIN, J., writing for a unanimous Court. The issue in this appeal is whether the New Jersey Election Law Enforcement Commission (ELEC) properly construed the New Jersey Campaign Contributions and Expenditures Reporting Act, N.J.S.A. 19:44A-1 to -47 (Campaign Contributions Act), and the regulations implementing that Act, in determining that payments in defense of federal criminal corruption charges are not “ordinary and necessary expenses of holding public office.”

February 24, 2010

State v. Fareed M. Gandhi

LaVecchia, J., writing for a unanimous Court. The Court interprets New Jersey's anti-stalking statute, N.J.S.A. 2C:12-10, to determine whether the jury charge in this matter was insufficient because it did not explicitly require the jury to find that a defendant had the conscious object to induce, or awareness that his conduct would cause, a reasonable victim to fear bodily injury or death.

New Jersey Division of Youth and Family Services v. L.L.

WALLACE, J., writing for a unanimous Court. The issue in this appeal is whether, under the Kinship Legal Guardianship Act, N.J.S.A. 3B:12A-1 to -7, a parent who moves to vacate a kinship legal guardianship must prove by clear and convincing evidence, or by the lesser standard of preponderance of the evidence, that it is in the child's best interest to vacate the guardianship.