NJ Appellate Court Decisions

September 3, 2010

STATE OF NEW JERSEY v. MICHAEL W. FASH

PER CURIAM On October 24, 2007, defendant was charged with three motor vehicle summonses: driving while intoxicated (DWI), N.J.S.A. 39:4-50; reckless driving, N.J.S.A. 39:4-96; and failure to wear a seatbelt, N.J.S.A. 39:3-76.2(f). Defendant filed a motion to suppress in the municipal court, claiming that the police did not have a reasonable and articulable suspicion to justify the motor vehicle stop. On April 23, 2008, the municipal judge held a hearing on defendant's motion and, in an order filed on April 29, 2008, denied that motion but granted defendant a stay pending an interlocutory appeal to the Law Division.

STATE OF NEW JERSEY v. JOHN E. NADZAK

PER CURIAM Defendant, John E. Nadzak, appeals his robbery and aggravated assault convictions and the sentence imposed arising out of an attempted robbery of his former employer and the assault of two employees during the course of the robbery. We affirm the convictions and remand to the trial court for the entry of an amended judgment merging the aggravated assault convictions and the weapons convictions with the robbery convictions.

JON KEVIN GRUBB v. PATRICIA A. GARBUTT

PER CURIAM Plaintiff, Jon Grubb, appeals from three trial court orders: (1) an October 20, 2006 order granting a partial dismissal of plaintiff's complaint against defendants Patricia A. Garbutt (Garbutt), Paul Dietrich (Dietrich), Richard Palumbo (Palumbo), Curtis Corson, and the Township of Upper (Township) (hereinafter collectively referred to as "defendants"); (2) a November 16, 2007 order granting summary judgment dismissing the remaining claims in his complaint; and (3) a January 8, 2008 order denying reconsideration of the court's October 20, 2006 order. We affirm substantially for reasons expressed by Judge Joseph C. Visalli in the well-reasoned memorandum decisions accompanying each order.

MICHAEL PERSON v. NEW JERSEY DEPARTMENT OF CORRECTIONS

PER CURIAM Appellant Michael Person appeals from the final agency decision of respondent New Jersey Department of Corrections (DOC) imposing disciplinary sanctions for committing prohibited act *.708, refusal to submit to a search, in violation of N.J.A.C. 10A:4-4.1. We affirm.

FELIX SUAREZ v. DAVID SAINATO

PER CURIAM Plaintiffs, Felix and Iris Suarez, appeal from orders of the Law Division that denied their motion for leave to amend their complaint in order to name First Trenton Indemnity Insurance Company (First Trenton) as a direct defendant and denied reconsideration of that ruling. Plaintiffs argue that the motion judge improperly denied their application to amend the complaint. Based upon our review of the record, we are convinced, however, that the motion judge properly determined, in the exercise of sound discretion, that plaintiffs did not provide a sufficient basis to join the insurance carrier of one of the defendants as a direct defendant in the underlying tort action. We affirm the orders from which plaintiffs appeal.

STATE OF NEW JERSEY v. CHARLES J. GAMBLE

PER CURIAM Defendant was convicted of conspiracy to commit the murder of Terry Jackson (Jackson), N.J.S.A. 2C:11-3(a) and 2C:5-2 (Count One); murder, N.J.S.A. 2C:11-3(a) (Count Two); and possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4 (Count Three). Defendant was sentenced to life 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(a). We affirm.

STATE OF NEW JERSEY v. JEROME HILL

PER CURIAM A grand jury indicted defendant, Jerome Hill, for third-degree aggravated assault, N.J.S.A. 2C:12-1(b)(5) (Counts One and Two); third-degree possession of a controlled dangerous substance (C.D.S.), N.J.S.A. 2C:35-10(a)(1) (Count Three); third-degree hindering own apprehension, N.J.S.A. 2C:29-3(b)(2) (Count Four); and third-degree resisting arrest, N.J.S.A. 2C:29-2(a)(3) (Count Five). He was found guilty of two counts of third-degree aggravated assault and one count of third-degree resisting arrest. He was sentenced to serve an aggregate five-year period of incarceration, together with appropriate fines and penalties. The present appeal followed.

September 2, 2010

LARYSA KURYLLO v. PARSIPPANY-TROY HILLS ZONING BOARD OF ADJUSTMENT

PER CURIAM Plaintiff Larysa Kuryllo appeals from an order of the Law Division dated October 13, 2009, affirming the decision of the Parsippany-Troy Hills Zoning Board of Adjustment, which granted variances and site plan approval for the construction of a telecommunications monopole. We affirm.

OLIVIA CALDWELL v. MELANIE GRIFFIN

PER CURIAM Petitioner-Appellants, Olivia Caldwell, Ethel Seymore and Jerome Page (collectively, petitioners), were unsuccessful candidates in the Pleasantville Board of Education election held on April 21, 2009. They appeal the dismissal of the challenge they filed to the results of the election pursuant to N.J.S.A. 19:29-1(e) and (f). We reverse and remand for further proceedings.

STATE OF NEW JERSEY v. SHERLOCK D. BAPTISTE

PER CURIAM Tried to a jury, defendant was convicted of two counts of first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(1) and (2)(c), three counts of second-degree sexual assault, N.J.S.A. 2C:14-2(b), N.J.S.A. 2C:14-2(c)(1), and N.J.S.A. 2C:14-2(c)(4), and one count of second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a). The judge merged defendant's convictions for sexual assault with his convictions for aggravated sexual assault and sentenced him to a seven-year term for endangering, and a fifteen-year term of imprisonment subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, on each count of aggravated sexual assault. The sentences are concurrent and include a term of parole supervision for life, pursuant to N.J.S.A. 2C:43-6.4.

TOWNSHIP OF EAST BRUNSWICK v. JEFF MILLER

PER CURIAM Third-Party Plaintiffs Jeff Miller, Miller Building Company and Affiliated Building Corp. appeal from a judgment of $12,000 entered following a jury trial of their inverse condemnation claim. Third-party Defendant County of Middlesex (County) cross-appeals from the denial of its motion for summary judgment. We affirm.

NERINA FELUMERO v. AHB DEVELOPMENT CORPORATION

PER CURIAM Plaintiff appeals from the denial of her motion for summary judgment and an order that granted summary judgment to defendants AHB Development Corporation (AHB) and Howard C. Birdsall, dismissing her claim under the Consumer Fraud Act, N.J.S.A. 56:8-1 to -195 (CFA). We affirm.

September 1, 2010

STATE OF NEW JERSEY v. RAUL ROJAS

PER CURIAM Defendant, Raul Rojas, appeals from the April 28, 2008 order denying his petition for post-conviction relief (PCR). We affirm.

MICHAEL HEPPS v. TOWNSHIP OF CHERRY HILL

PER CURIAM Plaintiffs appeal from an order entered by the Tax Court dismissing their complaint for lack of prosecution. After reviewing the record in light of the contentions on appeal, we affirm.

KENNETH A. PORAY v. ALTIMATE DISCOUNT MORTGAGE

PER CURIAM Plaintiff appeals from an order of August 13, 2009, granting summary judgment to defendants and dismissing plaintiff's complaint with prejudice. We affirm.

STATE OF NEW JERSEY v. JAMES MERTZ

PER CURIAM Defendant James Mertz appeals from a judgment of conviction after trial de novo in the Law Division for driving while intoxicated (DWI), N.J.S.A. 39:4-50; refusing to take a breath test, N.J.S.A. 39:4-50.2; and reckless driving, N.J.S.A. 39:4-96. We affirm.

BURHAN ALI v. BOARD OF REVIEW DEPARTMENT OF LABOR and ELECTRONIC VISION

PER CURIAM Burhan Ali appeals from a final decision of the Board of Review of the Department of Labor that he was not eligible for Emergency Unemployment Compensation (EUC) benefits. We affirm.

MARION COLES v. MITI AH-PING

PER CURIUM Plaintiff, Marion Coles, appeals from an order dismissing her personal injury claim and entering judgment for defendant, Miti Ah-Ping. Defendant has not participated in the appeal. We reverse and remand.

NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. C.B.

PER CURIAM Defendant C.B. (the mother) appeals from a judgment of guardianship entered on October 15, 2009, following a trial conducted on August 24, 25, and October 15, 2009. The judgment terminated the mother's parental rights to her daughter, T.B., born November 28, 2005, and denied the mother's request for a stay pending appeal. The father, E.B., was also a defendant at trial; his parental rights were not then terminated. Instead, custody of the child was to remain with the Division of Youth and Family Services (DYFS or the Division), subject to an October 15, 2009 Case Management Order that permitted the father weekly supervised visitation with an anticipated progression toward unsupervised and overnight time when deemed appropriate by DYFS. The briefs of the parties on appeal indicate the father's parental rights to T.B. were subsequently terminated, but that ruling is not addressed in this appeal and the father is not a participant in this appeal.

STATE OF NEW JERSEY v. MARK CREVELING

PER CURIAM Defendant Mark Creveling appeals from an order of the Law Division denying his petition for post-conviction relief (PCR). We affirm.

IN THE MATTER OF THE SUSPENSION OR REVOCATION OF THE LICENSE OF SAMUELLE KLEIN-VON REICHE, PSY.D.

PER CURIAM Appellant appeals from the November 30, 2009 Final Agency Decision of the State Board of Psychological Examiners (Board) suspending her license to practice psychology in the state "for one year with six months active and six months stayed," provided that she comply with certain conditions; and providing further that "[u]pon the completion of six months of active suspension, [she] shall be granted leave to petition the Board . . . for consideration of reinstatement of her license[,]" subject to the condition that a "licensed New Jersey psychologist . . . shall provide supervision as directed by the Board of her practice for a minimum of one year"; and requiring her to "pay a penalty in the amount of $5000 for the violations found herein." Appellant also appeals from the January 14, 2010 Supplemental Order of the Board requiring her to pay a total of $32,855.29 in fees and costs incurred by the State in this matter.

STATE OF NEW JERSEY v. ERIC ARELLANO

PER CURIAM Defendant was convicted of luring or enticing a child, N.J.S.A. 2C:13-6 (count one), attempted child endangerment, N.J.S.A. 2C:5-1 and N.J.S.A. 2C:24-4(a) (count four), and endangering the welfare of a minor, N.J.S.A. 2C:24-4(b)(5)(b) (count five), and sentenced to eight years in the custody of the Commissioner of the Department of Corrections on count one (luring or enticing) and a consecutive fifteen months on count five (endangering). A concurrent five-year sentence was imposed on count four (attempted endangering). However, the judgment notes an aggregate sentence of twenty-three years (that would be right if it were eight years plus fifteen years, not eight years plus fifteen months) and must be corrected.

STATE OF NEW JERSEY v. BOBBY LUGO

PER CURIAM Defendant was indicted on three counts of third-degree possession of a controlled dangerous substance in violation of N.J.S.A. 2C:35-10(a)(1); and two counts of third-degree possession of controlled dangerous substances with intent to distribute, N.J.S.A. 2C:35-5(a)(1), 2C:35-5(b)(3) and 2C:35-5(b)(13). Defendant moved to suppress the evidence and, following a hearing on June 18, 2008, the trial judge denied his motion.

STATE OF NEW JERSEY v. DIMAS HUMBERTO FLORES-ALFARO

PER CURIAM Defendant was convicted of two counts of second-degree sexual assault, N.J.S.A. 2C:14-2, of a fourteen-year-old victim and sentenced by the court to a five-year period of imprisonment with an eighty-five percent period of parole ineligibility pursuant to the No Early Release Act, N.J.S.A. 2C:43-7.2(a) (NERA). We reverse and remand.

STATE OF NEW JERSEY v. EDWARD L. TIRONE

PER CURIAM Defendant appeals from the denial of his petition for post-conviction relief without an evidentiary hearing. We affirm.

SHARON MARINOZZI v. PETER GOSS

PER CURIAM Plaintiff Sharon Marinozzi appeals from an order that denied her motion to modify the parenting-time schedule. We affirm.

SYLVIE DUMONT v. NEW JERSEY DEVILS

PER CURIAM Plaintiff Sylvie Dumont appeals from the June 26, 2009 grant of summary judgment to defendants, New Jersey Devils, LLC (incorrectly designated in the complaint as The New Jersey Devils), and the New Jersey Sports & Exposition Authority (NJSEA). We affirm.

August 31, 2010

LLOYD WIDNEY v. DIANE WIDNEY

PER CURIAM Plaintiff Lloyd Widney appeals from an order of the Family Part dated July 24, 2009, which denied his motion for reconsideration and granted defendant Diane Widney's motion for enforcement of a prior order pertaining to modification of plaintiff's obligation to pay alimony and other expenses. Defendant has not filed a brief in opposition to this appeal.

ALTINA A. CARTER v. ANCHOR GLASS

PER CURIAM We were advised prior to the calendared date that this matter has been amicably adjusted and that the parties have stipulated to the dismissal of this appeal. Accordingly, the appeal is dismissed with prejudice and without costs.

WILLIAM G. COTTMAN, SR v. CITY OF WILDWOOD HOUSING AUTHORITY

The facts are set forth in the written opinion of Judge Valerie Armstrong, A.J.S.C., and need not be repeated here at length. The WHA is a federally subsidized housing authority which is organized under our Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 to -73. Plaintiff was elected the WHA's first Executive Director and served in that position from 1969 until he retired in 2001. Pursuant to N.J.S.A. 40A:12A-17(a), the housing authority consists of seven members (the Board), who exercise the authority vested in the WHA. In the years leading up to his retirement, plaintiff suggested that the WHA consider certain modifications to the benefits provided to employees who retired after twenty-five years of service, including providing post-retirement health insurance and post-retirement long-term care insurance. In addition, he negotiated with the WHA for a buyout of his unused sick and vacation time for $120,000, an amount that exceeded the existing WHA policy cap of $15,000 compensation for unused sick and vacation time. Resolution 99-40, which was passed at the Board's August 19, 1999 meeting, approved payment of the accumulated leave and provided for installment payments from 1999 through 2004. Plaintiff has received all payments.

STATE OF NEW JERSEY v. DIERICA WOODS

PER CURIAM Defendant appeals from the order of the Law Division entered on September 9, 2008, on de novo review, finding her guilty of resisting arrest in violation of N.J.S.A. 2C:29-2(a)(1). We affirm.

ALEXANDER PINCKNEY v. PETERBILT OF FLORENCE, INC.

PER CURIAM Plaintiff Alexander Pinckney appeals from a July 15, 2009, order granting summary judgment to defendant Caterpillar, Inc., and dismissing his complaint as to it. On November 28, 2007, plaintiff filed a complaint in the Superior Court of New Jersey, Law Division, Special Civil Part, in which he named seven defendants: Peterbilt of Florence, Inc.; Peterbilt of Savannah, Inc.; Foley Cat, Inc.; Peterbilt of Dunn, Inc.; Karen Truett; Jerry Ellis; and respondent Caterpillar, Inc. Plaintiff alleged claims of breach of warranty and manufacturing defect relating to a tractor engine he purchased.

STATE OF NEW JERSEY v. MIGUEL FIGUEROA

PER CURIAM Defendant was convicted of murder, N.J.S.A. 2C:11-3(a)(1)-(2); felony murder, N.J.S.A. 2C:11-3(a)(3); aggravated sexual assault, N.J.S.A. 2C:14-2(a)(3), and sexual assault, N.J.S.A. 2C:14-2(c)(4). He was sentenced to an aggregate term of life imprisonment plus twenty years with forty-five years to be served before parole eligibility. This was based on a sentence of life with thirty-five years before parole eligibility for the murder and a consecutive sentence of twenty years with ten years before parole eligibility for the aggravated sexual assault. Defendant's convictions were reversed on appeal because the trial court had improperly denied his Sixth Amendment right to self-representation. State v. Figueroa, 377 N.J. Super. 331, 338 (App. Div. 2005), aff'd, 186 N.J. 589 (2006).

TALL BRIDGE ASSET BACKED FUND, L.P v. SHANE M. KENWORTHY

PER CURIAM This appeal involves the trial court's dismissal of a civil action for lack of in personam jurisdiction over defendants. We affirm.

MAY L. WALKER v. CARMELO GIUFFRE

FUENTES, J.A.D. In December 2001, plaintiff Mary L. Walker purchased a new 2002 Nissan from defendant Route 22 Nissan, Inc. She filed a class action suit against defendant and other car dealerships claiming that they had committed regulatory violations contrary to the Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -20, and the Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA), N.J.S.A. 56:12-14 to -18.

STATE OF NEW JERSEY v. OMAR LEWIS

PER CURIAM Defendant appeals his convictions and the sentence imposed stemming from charges of first-degree murder, N.J.S.A. 2C:11-3(a)(1) and (2) (Count One); second-degree conspiracy to commit armed robbery, N.J.S.A. 2C:5-2 and 2C:15-1 (Count Two); first-degree robbery, N.J.S.A. 2C:15-1(a)(1) (Count Three); first-degree felony murder, N.J.S.A. 2A:11-3(a)(3) (Count Four); fourth-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(d) (Count Five); and unlawful possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(d) (Count Six). We affirm the convictions but remand for the entry of an amended judgment to reflect that the robbery sentence shall be served concurrently with the sentence imposed on the murder conviction.

STATE OF NEW JERSEY v. JOSEPH CLARK

PER CURIAM Union County Indictment No. 07-08-0690 charged defendant and co-defendants Randy Blakeney and Angela Berry, also known as Cindy Martin, as follows: count one charged all three defendants with third-degree possession of a controlled dangerous substance (CDS), cocaine, in violation of N.J.S.A. 2C:35-10(a)(1); count two charged defendant and Blakeney with third-degree possession of cocaine with intent to distribute, in violation of N.J.S.A. 2C:35-5(a)(1) and 2C:35-5(b)(3); count three charged defendant and Blakeney with third-degree possession of cocaine within 1000 feet of school property, in violation of N.J.S.A. 2C:35-7; count four charged defendant alone with third-degree distribution of cocaine, in violation of N.J.S.A. 2C:35-5(a)(1) and 2C:35-5(b)(3); and count five charged defendant alone with third-degree distribution of cocaine within 1000 feet of school property, in violation of N.J.S.A. 2C:35-7.

MARK TANNEN v. WENDY TANNEN

MESSANO, J.A.D. After nearly eighteen years of marriage, plaintiff Mark Tannen filed for divorce from his wife, defendant Wendy G. Tannen. The matter was tried only on the economic issues of equitable distribution, alimony, and child support, the parties having entered into a custody and parenting-time agreement regarding their two children while the litigation was pending. Immediately prior to the scheduled trial date, the judge ordered plaintiff to join four trusts in which either defendant or the couple's children were beneficiaries as third-party defendants. The matter was tried over the course of several months and resulted in a final judgment of divorce (JOD) issued on January 23, 2008.

STATE OF NEW JERSEY v. RUMIEJAH K. UKAWABUTU

PER CURIAM Defendant appeals from a trial court order denying his petition for post-conviction relief. After reviewing the record in light of the contentions advanced on appeal, we affirm.

MARK TANNEN v. WENDY TANNEN

MESSANO, J.A.D. After nearly eighteen years of marriage, plaintiff Mark Tannen filed for divorce from his wife, defendant Wendy G. Tannen. The matter was tried only on the economic issues of equitable distribution, alimony, and child support, the parties having entered into a custody and parenting-time agreement regarding their two children while the litigation was pending. Immediately prior to the scheduled trial date, the judge ordered plaintiff to join four trusts in which either defendant or the couple's children were beneficiaries as third-party defendants. The matter was tried over the course of several months and resulted in a final judgment of divorce (JOD) issued on January 23, 2008.

HUNTERDON MEDICAL CENTER v. READINGTON TOWNSHIP

PAYNE, J.A.D. Plaintiff, Hunterdon Medical Center (HMC), appeals from a decision of Tax Court Judge Kuskin, reported at 24 N.J. Tax 421 (Tax 2009), denying it an exemption, pursuant to N.J.S.A. 54:4-3.6, from local property taxes imposed for the years 2000, 2001 and 2002 by defendant, the Township of Readington, on a physical therapy service (PT Service) operated by HMC at an off-site facility approximately nine and one-half miles from the hospital in Whitehouse Station. The facility houses a physical fitness center, known as the Hunterdon Health and Wellness Center (Wellness Center), a cardio-pulmonary rehabilitation service (CP Rehab Service), the PT Service, and a hospital-owned pediatric practice.

STATE OF NEW JERSEY v. JOHN M. HELLER

PER CURIAM Defendant appeals from his sentence and convictions for aggravated sexual assault, N.J.S.A. 2C:14-2(a)(1) (count one); sexual assault, N.J.S.A. 2C:14-2(b) (count two); and endangering the welfare of a child, N.J.S.A. 2C:24-4(a) (count three). We affirm.

EPIC MANAGEMENT, INC v. HARLEYSVILLE INSURANCE COMPANY OF NEW JERSEY

PER CURIAM Plaintiff, Epic Management, Inc. (Epic), the general contractor for the Township of Lakewood on a project to a build a baseball stadium, filed a declaratory judgment action against the insurers of Epic's subcontractor, CJ Contractors, Inc. (CJ), seeking a determination that CJ's insurers, defendants Harleysville Insurance Company of New Jersey (Harleysville), Travelers Property Casualty Company of America (Travelers) and Selective Insurance Company of America (Selective) are responsible for payment of a $219,310.80 judgment Epic recovered against CJ. That judgment represents costs Epic incurred in defending against a negligence action brought by Lakewood to recover damages for the stadium's leaking roof. Lakewood's claims in that underlying litigation were settled; Epic obtained a release; and CJ's insurers funded the entire settlement but did not pay the judgment Epic obtained against CJ. On CJ's appeal from the judgment in favor of Epic, we affirmed. Twp. of Lakewood v. Epic Mgmt., Inc., No. A-2866-07 (App. Div. July 20, 2009) (slip op. at 9).

STATE OF NEW JERSEY v. JOSEPH N. MARICIC

PER CURIAM Defendant, Joseph Maricic, appeals from an order of the Law Division denying his motion for discovery, finding him guilty of driving while intoxicated in violation of N.J.S.A. 39:4-50, suspending his license for a period of eight months, imposing various fines and costs, and staying the sentence pending appeal. On appeal, defendant presents the following arguments:

STATE OF NEW JERSEY v. RAHAMEEN GARTRELL

PER CURIAM Defendant was indicted for third-degree unlawful possession of a handgun without a permit, in violation of N.J.S.A. 2C:39-5(b) and 2C:58-4; receiving stolen property, in violation of N.J.S.A. 2C:20-7; and, in a separate indictment, with second-degree possession of a weapon by a person not permitted to possess one, in violation of N.J.S.A. 2C:39-7(b). Defendant filed a motion to suppress evidence which was heard by the trial judge on December 12, 2007; on January 2, 2008, the judge issued a decision from the bench denying the motion.

STATE OF NEW JERSEY v. MARK HANLAN

PER CURIAM Tried to a jury, defendant was convicted of fourth-degree possession of a controlled dangerous substance (marijuana), N.J.S.A. 2C:35-10(a)(3), and first-degree possession of marijuana with intent to distribute, N.J.S.A. 2C:35-5(b)(10)(a). He was sentenced to a term of fourteen years in prison and assessed the appropriate fines and penalties.

August 30, 2010

STATE OF NEW JERSEY v. GERARDO GOMEZ

PER CURIAM By leave granted, we review an order denying defendant's motion to suppress statements made by him during a police interrogation. In the presence of his mother, defendant gave a videotaped statement to police officers describing his involvement in the August 4, 2007 shooting of four students, three of whom died, in a Newark schoolyard.

STEVEN J. WINTERS v. NORTH HUDSON REGIONAL FIRE AND RESCUE

PER CURIAM On leave granted, defendants North Hudson Regional Fire & Rescue (NHRFR); Jeffrey Welz, and Michael DeOrio, NHRFR's directors; and Brion McEldowney, NHRFR's Fire Chief, appeal from the June 22, 2009 order denying their motion for summary judgment. Defendants also appeal from the September 3, 2009 order that denied their motion for reconsideration. The primary issue presented is whether two Civil Service Commission (Commission) decisions, upholding NHRFR's disciplinary proceedings against plaintiff, collaterally estop plaintiff from pursuing claims against defendants under the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -8, and the Federal Constitution. We conclude that plaintiff's claims are not barred by the doctrine of collateral estoppel and affirm.

JOHN ALFANO v. NICHOLAS T. MATHIEU

PER CURIAM This appeal concerns the enforceability of a civil settlement. For the reasons set forth in this opinion, we remand for an evidentiary hearing on the enforceability issue.

STATE OF NEW JERSEY v. DOMINGO MANN

PER CURIAM Defendant, Domingo Mann, appeals from an October 7, 2008, order denying his second petition for post-conviction relief (PCR). Thirteen and a half years after his convictions of felony murder, reckless manslaughter, robbery, conspiracy to commit armed robbery, possession of a handgun for an unlawful purpose, and possession of a handgun without a permit, defendant argues that his counsel failed to object to the jury charge on robbery and failed to advise him about his exposure to life in prison. Defendant failed to timely raise these arguments and establish a prima facie claim of ineffective assistance of counsel. We affirm.

STATE OF NEW JERSEY v. EARL J. SMITH, III

PER CURIAM Wanda Bell, the administratrix ad prosequendum of the victim of a fatal accident, appeals from an "order denying appeal" of the Law Division, entered on October 23, 2009. Appellant seeks to challenge a provision in the disposition of a motor vehicle complaint in the Millstone Municipal Court to the effect that the plea to reckless driving "shall not be used in any civil or administrat[ive] proceedings under Rule 7:6-2." Appellant believes she is the "real party in interest" on the appeal in promoting the right to use the plea in the wrongful death action she commenced and in "promoting restitution." The State contends appellant has no right to pursue the appeal.

CITY OF UNION CITY v. AC CONSTRUCTION CORP

PER CURIAM Union City contracted with AC Construction Corporation (AC) to construct an amphitheater. After embarking on the project, AC encountered the need to remove contaminated soil at the construction site. The contract provided that any such contamination remediation costs would not exceed $50,000; however, AC's costs far exceeded that amount. A dispute thereupon arose between the parties. On or about October 22, 2008, AC ceased working on the project.

STATE OF NEW JERSEY v. ALAN STOEDTER

PER CURIAM Pursuant to leave granted, the State appeals from a pre-trial order entered by the trial court suppressing "the video/audio tapes" of defendant's interrogation, "including any testimony regarding [the] questions & answers and any video presentation of any part of said interview." After reviewing the record in light of the contentions advanced on appeal, we affirm in part, reverse in part, and remand the matter for further proceedings.

KENNETH VAN DUNK, SR. v. RECKSON ASSOCIATES REALTY CORPORATION

STERN, P.J.A.D. Plaintiffs, Kenneth Van Dunk and his wife Deborah suing per quod, appeal from an order of the Law Division entered on February 20, 2009, which granted summary judgment to defendant James Construction Company ("James") and dismissed their complaint. Plaintiff sustained serious injuries as a result of a trench collapse at his worksite. Plaintiffs claim that the workers' compensation bar does not apply to preclude their suit because the federal Occupational Safety and Health Administration ("OSHA") found that the accident was the result of a "willful violation" of its regulations, and therefore constituted an "intentional wrong" for State law purposes, and because James' superintendent sent plaintiff into the eighteen to twenty foot trench knowing the dangers he faced. Plaintiffs argue that "the court erred in holding that an intentional wrong under N.J.S.A. 34:15-8 had not occurred." We reverse and remand for further proceedings.

SELECTIVE WAY INSURANCE COMPANY v. TINA FUHRMAN

PER CURIAM In this declaratory judgment action, defendant Tina Fuhrman appeals from the order of the Law Division that granted summary judgment in favor of plaintiff, Selective Way Insurance Company (Selective). There are two questions before us on appeal. The first concerns the enforceability of a step-down clause in a commercial automobile insurance policy issued by Selective to defendant's employer that limited the amount of underinsured motorist coverage (UIM) available to defendant to the coverage limit contained in her personal automobile policy. The second question turns on the answer to the first. That is, even if the step-down clause is enforceable, we must evaluate whether there is any evidence to support defendant's claim that her employer intended her to be named as a direct insured on the Selective policy. If so, the step-down provision would not prevent defendant from recovering UIM benefits under her employer's policy.

OAK FOREST MOBILE HOME PARK, LLC. v. CROSSING M.H.C. CORP.

PER CURIAM Plaintiffs Oak Forest Mobile Home Forest, LLC, Ocean Heights Rental Home, LLC and Ralph Clayton appeal from an order of the Chancery Division denying enforcement of a consent order purportedly requiring defendants Crossing M.H.C. Corp. and Brangan Group, LLC to present a complete site plan application to the Egg Harbor Township Zoning Board of Adjustment (the Board), including in that plan property identified as the Red Rose property, a parcel controlled by plaintiff. The judge concluded that the Red Rose property was not included in the transaction and denied the requested relief. We affirm.

TRI-TECH ENVIRONMENTAL ENGINEERING, INC. v. NUTLEY BOARD OF EDUCATION

PER CURIAM Plaintiff Tri-Tech Environmental Engineering, Inc. appeals from a Law Division judgment granting relief to defendant Nutley Board of Education. After a summary hearing, the court dismissed plaintiff's complaint, which sought to enforce a May 5, 2008 Mutual Release and Settlement Agreement (Settlement Agreement) that resolved a dispute regarding enforcement of the parties' management services contract pending in arbitration. The court also granted defendant's request to rescind, as legally unenforceable, the Settlement Agreement and a related Rider to the initial management services contract. Consequently, plaintiff was ordered to return monies previously paid under the terms of settlement. Further, the order dismissed the remaining counts of defendant's counterclaim and permitted the parties to return to arbitration.

STATE OF NEW JERSEY v. MICHAEL JIMENEZ

PER CURIAM A jury found defendant guilty of third-degree burglary, N.J.S.A. 2C:18-2. On October 24, 2008, the trial court sentenced defendant to a four-year term of imprisonment. The court also ordered defendant to pay restitution in the amount of $455, and to pay all appropriate fines and penalties.

JOSEPH J. RUGGIANO v. CHAD B. TOOMEY

PER CURIAM Plaintiff, Joseph J. Ruggiano, was involved in an automobile accident on April 21, 2006, at the intersection of County Road 672 ("CR 672") and County Road 528 ("CR 528") in Burlington, New Jersey. He brought suit for the injuries he received in that collision. He now appeals from trial court orders granting summary judgment to defendants. After reviewing the record in light of the contentions advanced on appeal, we affirm.

JOSEPH CARINO v. CHRISTOPHER MUENZEN

PER CURIAM Joseph Carino, individually and as the executor of the Estate of his wife Grace Carino, appeals the dismissal of his complaint alleging medical malpractice against defendant Christopher Muenzen, M.D., following a jury verdict of no cause of action. We affirm.

RICHARD C. NAVIN v. LAURIE NAVIN

PER CURIAM Plaintiff Richard C. Navin and defendant Laurie Navin were divorced by judgment entered on June 4, 2003 on a complaint that was filed in June 2001. This is the third appeal from that judgment. See Navin v. Navin, No. A-0839-03 (App. Div. Mar. 11, 2005) (Navin I); No. A-6745-04 (App. Div. Jan. 25, 2007) (Navin II). At the time of the Navins' divorce, defendant's salary was about $32,500. Plaintiff's average gross income from his dental practice from 1981 through 2003 was about $370,000.

SHELLEY MOEHRLE v. MICHAEL MOEHRLE

PER CURIAM In this post-judgment matrimonial matter, plaintiff appeals from various provisions of the July 1, 2008 order of the Family Part related to the proper calculation of defendant's child support obligation for the parties' children, fraternal twins who are presently nineteen years old; she further challenges the provisions denying her request to prevent defendant from seeking reimbursements from a medical fund, and limiting her counsel fee award to $1000. For the reasons that follow, we reverse and remand for further proceedings on plaintiff's request for a retroactive increase in child support based upon her claim that defendant has not exercised overnight parenting time, and to recalculate child support to include the 14.6% adjustment based on the ages of the children; we affirm on the remaining issues.

August 27, 2010

STEVEN CATTUNA v. SARA LEE CORPORATION

PER CURIAM In this disability discrimination case, plaintiff Steven Cattuna appeals from the August 28, 2009 Law Division order granting defendants' motion for summary judgment dismissing the complaint with prejudice. We affirm.

STATE OF NEW JERSEY v. EDWARD CHINCHILLO

PER CURIAM Defendant Edward Chinchillo appeals from a May 30, 2008 Law Division order denying his petition for post-conviction relief (PCR). On appeal, he argues:

STATE OF NEW JERSEY v. JAMES H. SCOTT

PER CURIAM A jury convicted defendant of nine counts of robbery, three counts of aggravated assault, four counts of possession of a weapon for an unlawful purpose, three counts of possession of a prohibited weapon or device, three counts of unlawful possession of a weapon, two counts of theft, and one count of receiving stolen property. Following the jury verdict, defendant pled guilty to a violation of N.J.S.A. 2C:39-7, being a person not permitted to be in possession of weapons. He received an aggregate custodial sentence of forty-three years, with an eighty-five percent period of parole ineligibility under the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. On appeal, defendant raises the following points for our consideration:

MARIAM MALEK v. ZKHARYA A. MOBAREK

PER CURIAM Defendant Zkharya Mobarek appeals from two Law Division orders. The first order, entered on January 29, 2009 by Judge Bariso, granted defendant a thirty-day adjournment of the commencement of mandatory arbitration, see R. 4:21A-1, on condition that he pay the sum of $1,212 to plaintiff Mariam Malek as an attorney's fee, along with costs of $55. Mobarek also appeals from an order entered on September 25, 2009 by Judge Baber that denied his request for recusal and for frivolous litigation sanctions against Malek. We affirm both orders.

JOSEPH M. KEHOE v. NEW JERSEY STATE PAROLE BOARD

PER CURIAM Defendant Joseph M. Kehoe appeals from an October 28, 2009 determination of defendant New Jersey State Parole Board (Board) rescinding a prior grant of parole and establishing a twenty-month future ineligibility term. Defendant was released on June 17, 2010, while his appeal was pending, having served the maximum sentence imposed after conviction. The State moved to dismiss the appeal. We conclude defendant's unconditional release renders the appeal moot.

STATE OF NEW JERSEY v. PAULA CICCHINELLI

PER CURIAM Defendant Paula Cicchinelli is serving an aggregate term of fifteen years in prison, more than nine of which must be served without parole, for vehicular homicide and leaving the scene of a fatal motor vehicle accident. Defendant struck and killed a pedestrian walking along Route 9 in Linwood, Atlantic County. She was returning home after dinner with friends. At trial, the primary issues were whether defendant was intoxicated at the time she struck the pedestrian and whether she acted recklessly.

ARTHUR KRUK v. BOARD OF REVIEW DEPARTMENT OF LABOR and GEVITY HR

PER CURIAM Claimant Arthur Kruk appeals from a final decision of the Board of Review (Board) finding him disqualified from unemployment compensation benefits because he left work voluntarily without good cause attributable to the work, as provided in N.J.S.A 43:21-5(a). We affirm.

STATE OF NEW JERSEY v. DUANE BOND

PER CURIAM Defendant Duane Bond appeals from his May 20, 2008 conviction on charges of second-degree conspiracy to commit robbery, N.J.S.A. 2C:15-1 and N.J.S.A. 2C:5-2 (count one); and two counts of first-degree robbery, N.J.S.A. 2C:15-1 (counts three and four). After merging count one into count three, the judge sentenced defendant on counts three and four to concurrent twelve-year terms of imprisonment, subject to the eighty-five percent parole ineligibility term required by N.J.S.A. 2C:43-7.2.

JAMES RANDALL SMITH v. NEW JERSEY DEPARTMENT OF CORRECTIONS

PER CURIAM Appellant James R. Smith, an inmate at New Jersey State Prison serving a forty-year sentence for kidnapping and sexual assault, appeals from a final determination of the Department of Corrections (DOC) refusing to diagnose appellant with gender identity disorder (GID) and provide appropriate psychological treatment. Appellant challenges the DOC's determination as arbitrary and capricious. We disagree and affirm.

STATE OF NEW JERSEY v. LARRY THOMPSON

PER CURIAM Defendant, Larry Thompson, a dance instructor, appeals his conviction on numerous charges of sexual assault and related charges he committed against two of his former dance pupils. He was sentenced to an aggregate fifty year prison term, with a twenty-five-year period of parole ineligibility. We affirm.

STATE OF NEW JERSEY v. DENNIS SILVA

PER CURIAM Defendant Dennis Silva appeals from denial of his petition for post-conviction relief (PCR) under Rule 3:22. We affirm.

KAREN TROHALIDES v. PETER MACHAT

PER CURIAM In this partition action, defendant Peter Machat appeals from a Chancery Division judgment that, among other things, ordered he transfer all right, title and interest in one residence to plaintiff Karen Trohalides and granted plaintiff an equitable interest in a second residence titled solely to him. Defendant argues the trial court erred by applying equitable distribution rather than partition principles when fixing the parties' respective interests in the realty. Plaintiff cross-appeals, challenging another provision of the judgment retroactively offsetting her awarded interest in the realty titled to defendant by her share of unpaid carrying charges. We affirm.

JOHN K. CUPIDO v. WILLIAM PEREZ

GILROY, J.A.D. This is a personal injury automobile negligence action. The issue presented is whether an out-of-state resident whose automobile is insured by an insurance company, which, although not authorized to transact either private passenger automobile or commercial motor vehicle insurance business in this State, controls affiliate companies that are authorized to transact commercial motor vehicle business in the State, is subject to the limitation-on-lawsuit threshold pursuant to N.J.S.A. 17:28-1.4, commonly referred to as the deemer statute. We conclude that such a non-resident is subject to the threshold.

JOHN LOPRESTI v. BOARD OF REVIEW, DEPARTMENT OF LABOR, and XEROX CORPORATION

PER CURIAM Appellant John LoPresti appeals from the final decision of the Board of Review (the Board) concluding that appellant is ineligible for unemployment benefits. We affirm.

STATE OF NEW JERSEY v. JESSE J. LACEY

STERN, P.J.A.D. Defendant appeals from a judgment of conviction following his guilty plea to fourth degree abuse of a minor, N.J.S.A. 9:6-1 and N.J.S.A. 9:6-3 (as amended from second degree endangering, N.J.S.A. 2C:24-4(a)). The recommended sentence pursuant to the negotiated disposition was imposed, and defendant was sentenced to three years probation including the service of 364 days in the county jail as a condition of probation and to undergo anger management and counseling. Defendant slapped his girlfriend's four year old child leaving "red marks" on his face, and was also ordered to have "no contact" with the victim nor the children in the victim's family except as ordered by the Division of Youth and Family Services (DYFS).

STATE OF NEW JERSEY v. WILLIAM POWERS, JR

PER CURIAM Defendant William Powers, Jr., appeals from a judgment of conviction of driving while intoxicated (DWI), N.J.S.A. 39:4-50. On the trial de novo, the Law Division judge affirmed the guilty finding of the municipal court. We affirm.

STATE OF NEW JERSEY v. TROY VALENTINE

PER CURIAM Defendant Troy Valentine appeals his conviction of third-degree attempted burglary, N.J.S.A. 2C:18-3a, following a jury trial. Because the trial court omitted important facets from the jury charge, which could have affected the jurors' finding of defendant's guilt of that particular offense, we vacate the conviction and remand for a new trial.

YOLANDA SHUBRICK v. THURMAN E. PHILLIPS

PER CURIAM Plaintiff Yolanda Shubrick appeals from a May 27, 2009 order of the Family Part requiring plaintiff to pay child support of $25 per week together with arrearages of $5 per week, as well as an August 11, 2008 order awarding custody of plaintiff's then sixteen year-old daughter to defendant Thurman Phillips, the child's father. We affirm the denial of a change in custody and reverse the award of child support.

JEANNE YELLEN v. ISAAC J. KASSIN

CUFF, P.J.A.D. Plaintiffs Jeanne Yellen and the Estate of Dwight Yellen appeal from an order recognizing reciprocal prescriptive easements over the driveway on their property to Ocean Avenue in Deal and over the driveway of defendants Issac J. Kassin and Margarette Kassin to Roosevelt Avenue in Deal. A prescriptive easement requires continuous adverse use over thirty years. We reverse because the facts as found fail to satisfy the legal requirements of mutual prescriptive easements over the parties' driveway.

STATE OF NEW JERSEY v. SUPLEE, CLOONEY & CO

PER CURIAM Plaintiff, Larry S. Logiman, appeals from the dismissal of the criminal complaint he filed against defendant, Suplee, Clooney & Company, on the basis that plaintiff lacked standing to file the appeal. We affirm.

August 26, 2010

GREATER WILDWOOD HOTEL MOTEL ASSOCIATION v. MAUREEN ADAMS

PER CURIAM On July 31, 2008, plaintiff, Greater Wildwood Hotel Motel

STATE OF NEW JERSEY v. TAMEKA L. NELSON

PER CURIAM A jury acquitted defendant Tameka Nelson of first-degree

MICHAEL DeLEON v. GLIMCHER REALTY TRUST,

PER CURIAM This appeal and cross-appeal arise from orders granting

SMART REALTY, INC v. 986 RIVER ROAD, INC.

PER CURIAM The issue at the heart of this declaratory judgment action

STATE OF NEW JERSEY v. MICHAEL S. HOWELL

PER CURIAM Tried to a jury, defendant was convicted of five counts of

NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. A.M.D.

PER CURIAM Defendant A.M.D. (the father) appeals from a Judgment of

STATE OF NEW JERSEY v. CHRISTINE BOSSONE

PER CURIAM Defendant's neighbor, Clifford, had two adult mentally

STATE OF NEW JERSEY v. MYRON HUGHLEY

PER CURIAM Defendant Myron Hughley appeals from a March 26, 2007,

STATE OF NEW JERSEY v. TERRENCE KELLEY

PER CURIAM Defendant Terrence Kelley appeals from his conviction by a

MAUREEN ROBINSON v. STATE OPERATED NEWARK PUBLIC SCHOOL DISTRICT

PER CURIAM Plaintiff Maureen Robinson, a teacher in the Newark Public

DAWN C. DEGREGORIO v. BOARD OF REVIEW DEPARTMENT OF LABOR and BELL-MARK SALES CO., INC

PER CURIAM Claimant Dawn C. DeGregorio appeals from a final decision

ELAINE LISING v. NEW JERSEY MANUFACTURERS INSURANCE COMPANY

PER CURIAM The issue presented on this appeal stems from a declaratory

STATE OF NEW JERSEY v. KEITH PEARYER

PER CURIAM Defendant was indicted for first-degree murder, N.J.S.A.

STATE OF NEW JERSEY v. WILLIAM SINGLEY

PER CURIAM Defendant William Singley appeals from a final judgment of

STATE OF NEW JERSEY v. C.W.

PER CURIAM Defendant C.W. appeals from an order dated February 6,

MICHAEL J. PETO v. BOARD OF REVIEW and SKY-MAN FITNESS, INC

PER CURIAM Michael Peto appeals from the dismissal of his appeal to

ALLIANCE FOR QUALITY CARE, INC. v. NEW JERSEY DEPARTMENT OF BANKING AND INSURANCE

PER CURIAM Appellants are organizations representing ambulatory

STEPHANIE SEVASTAKIS v. TIGER SCHULMANN'S KARATE CENTER

PER CURIAM On July 15, 2006, plaintiff Stephanie Sevastakis1 enrolled

August 25, 2010

JOSE SANTISO v. GLORIA SANTISO

PER CURIAM This matter involves numerous post-judgment disputes between former spouses. After reviewing competing motions filed by the parties, the Family Part entered two companion orders on August 4, 2009, granting and denying relief in various respects. Plaintiff Jose Santiso ("the ex-husband") appeals certain aspects of those orders, and defendant Gloria Santiso ("the ex-wife") appeals other aspects of the orders.

JULIA GERE v. FRANK A. LOUIS, ESQ.

PER CURIAM In this legal malpractice action, plaintiff Julia Gere appeals from an order of the Law Division granting summary judgment in favor of her former attorneys - defendants Frank A. Louis and John DeBartolo. We affirm.

STATE OF NEW JERSEY v. AMY ORTIZ

PER CURIAM Following a non-jury trial, defendant Amy Ortiz was convicted of second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1) (count two); third-degree aggravated assault, N.J.S.A. 2C:12-1(b)(2) (count three); fourth-degree unlawful possession of a weapon, a knife, N.J.S.A. 2C:39-5(d) (count four); and third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(d) (count five). The judge found her not guilty of attempted murder, as charged in count one of the indictment. On count two, even though defendant had been convicted of a second-degree crime, the judge sentenced her in the third-degree range, imposing a three-year term of imprisonment, subject to the eighty-five percent parole ineligibility term required by N.J.S.A. 2C:43-7.2. On count three, the judge sentenced defendant to a concurrent three-year term of imprisonment and merged counts four and five with count three.

DENISE M. PAULUS v. RICHARD G. PAULUS

PER CURIAM In this matrimonial matter, plaintiff Denise M. Mason appeals from a post-judgment Family Part order reducing defendant Richard G. Paulus's obligation to pay child support, which was computed using a level of income based upon limited employment while he attended a full-time nursing program, rather than the level of earnings received while employed in the information technology field.

STATE OF NEW JERSEY v. CHARLES JOHNSON

PER CURIAM Defendant appeals from his convictions for felony murder, robbery, theft, receiving stolen property and weapons offenses arising from the murder of a motel clerk during a robbery. We affirm.

STATE OF NEW JERSEY v. BARRINGTON MCDONALD

PER CURIAM Defendant entered a guilty plea to second-degree assault by auto for driving recklessly while under the influence within 1000 feet of school property which resulted in serious bodily injury, N.J.S.A. 2C:12-1c(3)(a) (assault by auto in a school zone), driving while intoxicated, N.J.S.A. 39:4-50 (DWI), and driving while his privileges were suspended, N.J.S.A. 39:3-40 (DWS). His timely motion to withdraw his guilty plea was denied and he now appeals. We affirm defendant's convictions for assault by auto in a school zone and DWI, and remand for a hearing regarding defendant's motion to withdraw his guilty plea to DWS.

I/M/O ALLEGATION OF CHILD ABUSE CONCERNING O.O.

PER CURIAM Appellant M.O. appeals from a final decision of the Division of Youth and Family Service's (DYFS) denying her request for a hearing on an administrative finding of child abuse. We reverse and remand for further proceedings.

BRANDON KOWALSKI v. ARAVIND B. PALAV, M.D.

PER CURIAM In this medical-malpractice case, following an extensive trial, a jury returned a verdict in favor of plaintiff Brandon Kowalski, an infant by his guardian ad litem and mother Bonnie Kowalski against defendant Aravind B. Palav, M.D. (Palav or defendant). The jury found against plaintiff in his claim against defendant Carlos A. Donadei, M.D. The jury also rejected Bonnie's direct claim for damages caused by emotional distress. During the course of the trial, the judge dismissed a "chain-of-command" claim against defendants Barbara Crawford, R.N., Glenda Concepcion, R.N. and Riverview Medical Center. Plaintiff appeals, and defendant cross-appeals.

TEICHER AMERICAN COMMUNITIES AT THE MAJESTIC, LLC v. THE CITY OF ASBURY PARK

PER CURIAM This appeal concerns property owned by plaintiff Teicher American Communities at the Majestic, LLC (Teicher), and located in the Waterfront Redevelopment Area in Asbury Park. Plaintiff Asbury Partners, LLC (Asbury Partners) appeals from the February 27, 2006 Law Division order directing defendant City of Asbury Park (City) to adopt a zoning ordinance governing the property; and from the May 27, 2006 order determining that the property is not subject to the substantive and procedural requirements of the City's 2002 Waterfront Redevelopment Plan (the Plan) and the Amended and Restated Redeveloper and Land Disposition Agreement between the City and Asbury Partners (the Redeveloper Agreement). We reverse.

in re the joseph buscavage and helen A. buscavage living trust

PER CURIAM In this appeal, certain members of the late Joseph Buscavage's family challenge the validity of amendments decedent made to his living trust in the last year of his life. After conducting an evidentiary hearing, the trial court found the amendments valid. We now reverse and remand for further proceedings.

NATIONAL CONTINENTAL INSURANCE COMPANY v. J. SPINELLI & SONS, INC

PER CURIAM This is an appeal by plaintiff National Continental Insurance Company (National) of an August 11, 2009 order denying National's motion for reconsideration of a June 23, 2009 order dismissing National's claims for unpaid insurance premiums and entering judgment in favor of defendant J. Spinelli & Sons, Inc. (Spinelli) on its counterclaim for overpaid premiums.

U.S. BANK NATIONAL ASSOCIATION v. MARK M. WILLIAMS

LIHOTZ, J.A.D. Defendant Mark M. Williams appeals from a Chancery Division order denying his motion to extend the redemption period following sheriff's sale of his property. Defendant asserts he was denied a meaningful opportunity to participate in New Jersey's residential mortgage Foreclosure Mediation Program (FMP) because he was unrepresented and was not assisted by a housing counselor during the mediation session. Additionally, defendant contends plaintiff U.S. Bank National Association breached an oral agreement to vacate the sheriff's sale and dismiss the foreclosure action.

August 24, 2010

GOLD COAST PROPERTIES, LLC v. OCEAN CITY ZONING BOARD OF ADJUSTMENT

PER CURIAM Plaintiff Gold Coast Properties, LLC appeals from the summary dismissal of its complaint challenging bulk variances granted by defendant Ocean City Zoning Board of Adjustment (Zoning Board) to defendant 2809 Wesley, LLC. (defendant). Defendant moved for summary judgment, asserting plaintiff's complaint was filed out of time. We affirm.

STATE OF NEW JERSEY v. DAVID VASQUEZ

PER CURIAM Defendant appeals from his sentence and convictions on three counts of second-degree sexual assault, N.J.S.A. 2C:14-2a(4). We affirm.

HUI LING DENG v. ALBERT TAHMOUSH

PER CURIAM After a bench trial in the Special Civil Part, Small Claims Section, judgment was entered in favor of plaintiff, Hui Ling Deng, against defendant, Albert Tahmoush, in the amount of $3000. The dispute arose in connection with plaintiff's purchase of defendant's home located in Haddon Township, New Jersey. For the reasons that follow, we reverse.

MICHAEL W. LAMMERS v. BOARD OF REVIEW, M.L. SERVICE ASSOCIATES, INC., and AHM SERVICE CORPORATION

PER CURIAM Claimant, Michael Lammers, appeals the Board of Review's final agency decision of September 22, 2009, determining that he was disqualified for unemployment benefits under N.J.S.A. 43:21-19m(1) and N.J.A.C. 12:17-12.1. Because the Board correctly applied these applicable statutory and regulatory provisions, we affirm.

DONALD T. POLZO v. COUNTY OF ESSEX

PER CURIAM This appeal arises out of a fatal cycling accident. The trial court granted partial summary judgment dismissing the complaint after concluding no genuinely disputed issue of fact existed as to whether Essex County (the County) had constructive notice of the allegedly dangerous condition on the roadway's shoulder. We reverse and remand for trial as to whether the County maintained a dangerous condition of its property pursuant to N.J.S.A. 59:4-2(a) only. We affirm the grant of partial summary judgment on the question of the County's liability based upon constructive notice under N.J.S.A. 59:4-2(b).

STATE OF NEW JERSEY v. JASON D. SHEPHERD

PER CURIAM Defendant Jason Shepherd appeals from a conviction for simple assault, N.J.S.A. 2C:12-1(a), entered following a three-day bench trial. The trial judge denied defendant's motions for entry of a judgment of acquittal or a new trial, imposed a one-year probationary sentence and ordered payment of applicable fines and assessments. Additionally, the judge ordered the forfeiture of defendant's weapons pursuant to 18 U.S.C.A. ? 922.

BLUE DIAMOND DISPOSAL, INC v. CITY OF VINELAND

PER CURIAM This appeal involves an unsuccessful challenge to a bid awarded by defendant City of Vineland (City) for trash disposal services. In particular, plaintiff Blue Diamond Disposal, Inc. (Blue Diamond) challenges a November 20, 2009 Chancery Division order that dissolved temporary restraints on the bid award, thereby permitting the City to award the contract to the lowest bidder, defendant South Jersey Sanitation Company (SJSC). We reject Blue Diamond's contention that SJSC's bid documents contained a material defect, namely SJSC's failure to have provided an unconditional consent of a surety to issue a performance bond. We affirm.

DIANE KIRWAN PATTERSON v. JAMES B. CANNON

PER CURIAM Plaintiff appeals from the trial court's order of summary judgment dismissing plaintiff's claims under the New Jersey Law Against Discrimination (NJLAD), N.J.S.A. 10:5-1 to -42, and the New Jersey Civil Rights Act (NJCRA), N.J.S.A. 10:6-1 to -2. We affirm the trial court's order dismissing plaintiff's NJLAD claim. However, we find a potentially triable jury issue as to a portion of plaintiff's NJCRA claim, and therefore reverse the trial court's order and remand for further proceedings.

VANGUARD DEALER SERVICES, LLC v. GREG T. SCARANO

PER CURIAM Plaintiff, Vanguard Dealer Services, LLC (Vanguard), is an automotive services company engaged in the "sale of products such as extended warranties, gap insurance [and] window etching . . . ." Vanguard does not market these products to the general public; rather it trains sales people at car dealerships to sell Vanguard's products at the time of sale of the automobiles.

STATE OF NEW JERSEY v. DAVID WINKLER

PER CURIAM By our leave, the State appeals from an order suppressing defendant David Winkler's videotaped statement for violation of defendant's Fifth Amendment right against self-incrimination under Miranda v. Arizona, 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d 694 (1966). We affirm.

ANTHONY BOONE v. NEW JERSEY DEPARTMENT OF CORRECTIONS

PER CURIAM Appellant Anthony Boone, an inmate presently incarcerated at East Jersey State Prison, appeals from a final decision of the Department of Corrections (DOC) requiring inmates to use carbon paper in the law library and barring the use of such paper in other areas of the prison. We affirm.

STATE OF NEW JERSEY v. VICTOR BAYLOR

PER CURIAM Defendant Victor Baylor appeals from his conviction by a jury on charges of armed robbery and related offenses. He also appeals his sentence as excessive. We affirm defendant's conviction and sentence for first-degree armed robbery. We reverse his conviction on aggravated assault and firearms charges and the consecutive sentence imposed on one of those charges.

LESHAWN ANDERSON v. BOARD OF REVIEW, DEPARTMENT OF LABOR and PHARMANET DEVELOPMENT GROUP

PER CURIAM Appellant Leshawn Anderson appeals from a final decision of the Board of Review that upheld the decision of the Appeal Tribunal finding Anderson ineligible for Emergency Unemployment Compensation (EUC08) benefits. We affirm.

HERITAGE ESTATES, LLC. v. BEL AIR HOLDINGS, L.L.C.

PER CURIAM This is our second review of this dispute. This matter comes back to us after a remand. The facts are convoluted. We provide a brief background for context.

STATE OF NEW JERSEY v. PAMELA CROSSAN

PER CURIAM Following a trial de novo in the Law Division, defendant Pamela Crossan was convicted on May 20, 2009 of driving while intoxicated (DWI), N.J.S.A. 39:4-50. Because this was her third DWI conviction, the Law Division judge sentenced her to a mandatory ten-year suspension of her driving privileges and to a mandatory 180-day custodial term. The Law Division judge issued a twenty-two page written opinion explaining his reasons for finding defendant guilty of DWI. On appeal, defendant does not challenge the findings of fact or conclusions of law that the judge relied upon in finding her guilty. Instead, she argues before us that her DWI conviction should be reversed because trial counsel rendered ineffective assistance by failing to advise her, before she took the stand and testified in municipal court, that the judge could not draw an adverse inference if she exercised her right to remain silent. She frames the issue on appeal in the following terms:

STATE OF NEW JERSEY v. PETER ERIC BARNES

PER CURIAM In this narcotics case, defendant Peter Eric Barnes appeals the trial court's denial of his pretrial motion to suppress certain incriminating evidence obtained by law enforcement authorities in Hudson County. The evidence in question was obtained pursuant to orders issued by the Superior Court, authorizing the interception of telephone calls to and from defendant's cell phone. Defendant argues that the detective's affidavit provided in support of the intercept orders was insufficient, and that the trial court should have granted his motion to suppress. We disagree, and affirm.

STATE OF NEW JERSEY v. WILLIAM N. ADU-TEI

PER CURIAM Defendant, William N. Adu-Tei, appeals his conviction of driving while intoxicated ("DWI"), N.J.S.A. 39:4-50, arising out of his arrest following a motor vehicle accident on the New Jersey Turnpike. We affirm.

STATE OF NEW JERSEY v. HUMPHREY COHEN

PER CURIAM Defendant Humphrey Cohen appeals from an April 15, 2009 Law Division order denying his seventh petition for post-conviction relief (PCR) after the court concluded it was procedurally barred because the issues raised had been previously presented and reviewed on July 16, 2004. R. 3:22-4. He also appeals from a June 5, 2009 order denying reconsideration. Defendant's PCR challenge centers on a claimed flaw in the jury charge regarding whether defendant's voluntary intoxication mitigated his mental state. Defendant suggests the alleged faulty charge contributed to his convictions for felony murder, N.J.S.A. 2C:11-3(a)(3); purposeful, knowing murder, N.J.S.A. 2C:11-3(a)(1) and (2); armed robbery, N.J.S.A. 2C:15-1; and third-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b).

SALVATORE VILLARI SALVILLE, L.L.C. v. COLPAR, INC.

PER CURIAM This appeal is brought pro se by Dale H. Lundquist, Esq. ("appellant"), former counsel to plaintiffs in this litigation, Salvatore Villari, Salville, L.L.C., and Doville, L.L.C., seeking to vacate a June 1, 2009 order of the Chancery Division directing appellant to remit $3000 in counsel fees to defendant Dr. Henry Bruce.

RUPERTO JIMENEZ v. NEW JERSEY DEPARTMENT OF CORRECTIONS

PER CURIAM Inmate Ruperto Jimenez appeals sanctions imposed upon him by the Department of Corrections (DOC) for possession of a weapon, sharpened instrument, or an unauthorized tool. We affirm.

BLOOMFIELD 206 CORPORATION v. CITY OF HOBOKEN

PER CURIAM Citizens for Retention of Affordable Housing in Hoboken (CRAHH) describes itself as "an unincorporated association of well more than seven persons, who have a common personal interest in the retention of affordable housing in Hoboken, and the continued protection of existing Hoboken tenants from hardship and displacement from the City, as currently provided by the Hoboken Rent Control Ordinance." It appeals from orders denying its motion for intervention pursuant to Rules 4:33-1 and -2 in a prerogative writ action instituted on July 15, 2007 by plaintiff, Bloomfield 206 Corporation, against the City of Hoboken, its Mayor, Council, Department of Human Services, and Rent Leveling Board (collectively, the Hoboken defendants), and against tenants, Jay and Gary Rubinstein. It appeals as well from the denial of its motion for reconsideration.

August 23, 2010

JARED M. SILVERMAN v. BRIAN D. BOROW

PER CURIAM In this automobile negligence action, plaintiff Jared Silverman alleged he was permanently injured on June 6, 2005, when the car he was driving was struck from behind by a vehicle owned and operated by defendant, Brian Borow. Plaintiff appeals from an order entered on August 14, 2009, denying his motion for reconsideration of an order dismissing his complaint. Plaintiff's claim for noneconomic damages was subject to the "limitation on lawsuit" or "verbal threshold" set forth in N.J.S.A. 39:6A-8(a), and the trial court ruled that he could not satisfy the verbal threshold because there was no objective evidence that he suffered a permanent injury. In addition, the court found that plaintiff's proofs were insufficient to support his claim for lost earnings. We affirm.

MICHAEL B. FRANCOIS v. BOARD OF TRUSTEES, PUBLIC EMPLOYEES' RETIREMENT SYSTEM

STERN, P.J.A.D. This is an appeal from a final administrative determination of the Board of Trustees (Board) of the Public Employees' Retirement System (PERS) denying petitioner Michael B. Francois service credit in PERS as an employee of the New Jersey Economic Development Authority (EDA) for the period from May 2003 to December 2005. During that period Francois served on "mobility assignment" as Director of the Real Estate Department of the Port Authority of New York and New Jersey (Port Authority). The Board adopted the initial decision of an Administrative Law Judge (ALJ), and denied the petition. We reverse the final administrative determination, and remand for further proceedings.

RICHARD FORKER - v. CIRCUIT FOIL USA INC.

PER CURIAM The employer, Circuit Foil, USA, Inc., appeals from an Order for Total Disability dated January 22, 2009, issued by the Division of Workers' Compensation in favor of petitioner Richard Forker following our previous remand. See Forker v. Circuit Foil, USA, Inc., Docket No. A-2462-07T1 (November 26, 2008). The original appeal was from a similar order dated December 20, 2007, finding that petitioner had become totally and permanently disabled as a result of a May 1997 workplace accident. We remanded to the Judge of Compensation (JOC) to make more specific findings of fact and to explain the reasons for that decision. The judge issued a written decision dated January 14, 2009, complying with our directive and setting forth detailed findings and conclusions. Having reviewed the record in the light of the applicable standard of review, we now affirm.

STATE OF NEW JERSEY v. CHARLES MORA

PER CURIAM Defendant was charged with first-degree attempted murder, first degree robbery, four counts of aggravated assault, two counts of possession of a weapon for an unlawful purpose, two counts of unlawful possession of a weapon, and terroristic threats. Following extensive plea discussions, defendant agreed to plead guilty to second-degree robbery, N.J.S.A. 2C:15-1, and second-degree aggravated assault, N.J.S.A. 2C:12-1b(1). Additionally he pled guilty to a charge of third-degree assault, N.J.S.A. 2C:12-1b(2), set forth in a separate accusation. In exchange, the State agreed to recommend, pursuant to N.J.S.A. 2C:43-7, an extended-term sentence of sixteen years, subject to the eighty-five percent period of parole ineligibility established by the No Early Release Act (NERA). N.J.S.A. 2C:43-7.2. It was stipulated that, if convicted of the first-degree crimes, defendant would have been eligible for a sentence of twenty years to life under the three-strikes law. N.J.S.A. 2C:43-7.1.

CITY OF BRIGANTINE v. ANTHONY SENTORE

PER CURIAM This is an eminent domain action in which the City of Brigantine (the City) condemned a permanent easement over a portion of defendants' vacant beach-front property, which is designated as Lot 1.03 in Block 101 on the City's tax map (the property). The easement allows the City to access a portion of the property for beach maintenance and beach replenishment projects. Defendants appeal from the trial court's refusal to adjourn a jury trial and a judgment entered on March 19, 2009, in favor of defendants in the amount of $1000. Defendants also contend the City's partial taking leaves the remainder of their property with little or no economic value and therefore the City must condemn the whole property. We are not persuaded by defendants' arguments and affirm.

LENAPE REGIONAL HIGH SCHOOL DISTRICT BOARD OF EDUCATION v. G.P. and M.P

PER CURIAM In this suit between plaintiff, the Lenape Regional High School District Board of Education, and defendants, G.P. and M.P., on behalf of their disabled son, J.P., the Law Division found a valid and enforceable settlement between the parties concerning tuition payments for the educational needs of J.P. Defendants now appeal from that order.

transcontinental contracting inc. v. the burlington insurance company

PER CURIAM Plaintiff, Transcontinental Contracting, Inc. (Transcontinental), is engaged in private and public construction projects in New York and New Jersey. In September 2003, Transcontinental was awarded a construction contract with the New York City Economic Development Corporation (EDC) to perform work on a project at the St. George Ferry Terminal on Staten Island. Skanska USA Building, Inc. (Skanska) was the construction manager of the project. The construction contract contained the following indemnification provision, which is pertinent to our decision:

Bobbie K. Quick v. equity residential management corporation

PER CURIAM Defendants EQR-Ravens Crest Vistas, Inc. and Equity Residential Properties Management Corporation (collectively "Equity") appeal from a jury verdict awarding plaintiff Bobbie K. Quick $75,000 in compensatory damages for injuries she sustained when she slipped and fell on defendants' property. This was the second jury that considered the question of damages in this case. The first time this case was tried, a different jury considered both liability and damages. That jury found defendants liable, but it awarded plaintiff only $15,000 in compensatory damages.

STATE OF NEW JERSEY v. RASHEED AMID WHITTEN

PER CURIAM Defendant appeals from his sentence and convictions for robbery, N.J.S.A. 2C:15-1 (count one); aggravated assault-serious bodily injury, N.J.S.A. 2C:12-1(b)(1) (count two); and aggravated assault with a deadly weapon, N.J.S.A. 2C:12-1(b)(2) (count three). We affirm.

STATE OF NEW JERSEY v. ALFRED PHELPS

PER CURIAM Defendant appeals from the July 23, 2008 order of the trial court denying his petition for post-conviction relief (PCR), and from the November 5, 2008 order denying his motion for reconsideration. We reverse.

JOY BELL and ROBERT L. BELL v. STEINER & ASSOCIATES, INC.

PER CURIAM Plaintiffs Joy Bell and Robert Bell appeal from a summary judgment dismissing their negligence complaint and a subsequent order denying their motion for reconsideration. We affirm.

August 20, 2010

STATE OF NEW JERSEY v. D.A.-A

PER CURIAM Defendant appeals from his sentence and convictions for: first-degree aggravated sexual assault, N.J.S.A. 2C:14-2a (count one); second-degree sexual assault of a victim less than thirteen years old when the actor is at least four years older, N.J.S.A. 2C:14-2b (count two); and second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4 (count three). We affirm.

SANDE M. HOFFMAN v. CINDY L. GRIFFIN

PER CURIAM Plaintiff Sande Hoffman is the divorced husband of Cindy Griffin. He appeals from an order of a judge of the Family Part dated July 21, 2009. The order denied the following relief requested by plaintiff and set forth in his proposed form of order as follows:

ALPHONSE SISCA v. EMANUEL BINDER

PER CURIAM This case arises from a boundary dispute between residential neighbors. Appellants seek review of the trial court's grant of summary judgment in favor of their neighbors, ejecting appellants from the disputed portion of property and denying their claim of adverse possession. We affirm.

STATE OF NEW JERSEY v. PAUL A. KLEIM

PER CURIAM Defendant, Paul Kleim, appeals from his conviction for driving while intoxicated, N.J.S.A. 39:4-50; refusal to take a breath test, N.J.S.A. 39:4-50.4a; failure to exhibit his registration card, N.J.S.A. 39:3-29; and failure to exhibit his insurance card, N.J.S.A. 39:3-29. On appeal, he raises the following issues for our consideration:

EDWARD T. CASSIDY v. BOARD OF REVIEW, DEPARTMENT OF LABOR and GELMAN PLUMBING

PER CURIAM Claimant Edward Cassidy appeals from a final decision of the Board of Review, Department of Labor, dated October 21, 2009, affirming denial of his request for a waiver of the requirement that he refund unemployment benefits and pay a fine. We reject the appeal and affirm the decision of the Board of Review.

NEW JERSEY MOTOR VEHICLE COMMISSION v. EKATERINA BURKHOUR

PER CURIAM Defendant, Ekaterina Burkhour, appeals from a final decision of the Chief Administrator of the New Jersey Motor Vehicle Commission suspending her drivers license for 180 days, pursuant to N.J.S.A. 39:5-30, for committing moving violations consisting of careless driving, N.J.S.A. 39:4-97, and failing to maintain a lane, N.J.S.A. 39:4-88b, in connection with a fatal accident. On appeal, Burkhour makes the following arguments:

STATE OF NEW JERSEY v. HASHIM S. WATTS

PER CURIAM Defendant Hashim S. Watts appeals from his January 12, 2009 conviction, following a negotiated plea of guilty, on a charge of third-degree possession of a controlled dangerous substance (CDS). In particular, he challenges the judge's refusal to overturn the prosecutor's denial of his application for participation in the pretrial intervention program (PTI). He frames his arguments on appeal as follows:

ERIC K. KARANJAWALA v. ASSOCIATED HUMANE SOCIETIES, INC.

PER CURIAM Plaintiff Eric K. Karanjawala brought this action pursuant to the New Jersey Wage and Hours Law, N.J.S.A. 34:11-56(a)(4) and (5), alleging that he was entitled to be paid overtime for 182.5 night shifts while he was employed by defendant Associated Humane Societies (AHS) and residing at their facility, Popcorn Park Zoo, in Lacey Township. Defendant appeals from the judgment entered in plaintiff's favor. Plaintiff cross-appeals, challenging the amount of the award of attorney's fees. We affirm.

STATE OF NEW JERSEY v. NAEEM MITCHELL

PER CURIAM In a ten-count indictment, an Essex County Grand Jury charged defendant Naeem Mitchell with first-degree attempted murder of four Newark police officers in violation of N.J.S.A. 2C:5-1 and N.J.S.A. 2C:11-3 (counts one, three, five and seven); four counts of second-degree aggravated assault upon the same police officers in violation of N.J.S.A. 2C:12-1(b)(1) (counts two, four, six, and eight); third-degree possession of a handgun without a permit in violation of N.J.S.A. 2C:39-5(b) (count nine); and second-degree possession of a handgun for an unlawful purpose in violation of N.J.S.A. 2C:39-4(a) (count ten). On July 23, 2007, a jury acquitted defendant on counts one, five, and seven charging attempted murder, and counts six and eight charging aggravated assault, but defendant was convicted of second-degree aggravated assault upon two of the police officers (counts two and four), and the weapons offenses (counts nine and ten). The jury was unable to reach a unanimous decision on count three and that count was subsequently dismissed. Following the jury verdict, defendant pled guilty to a separate indictment that charged him with second-degree possession of a handgun by a prohibited person in violation of N.J.S.A. 2C:39-7(b)(1).

RICHARD O'NEILL v. TOWNSHIP OF TEWKSBURY LAND USE BOARD

PER CURIAM Defendants Mark and Kathy Wood appeal from the judgment of the Law Division dated March 6, 2009, determining that a tennis court they built in their back yard violates setback regulations of the applicable municipal zoning ordinance and must be removed. We affirm.

IN THE MATTER OF THE APPLICATION OF WILFREDO ECHEVARRIA TO APPEAL THE DENIAL OF AN APPLICATION FOR A FIREARMS PURCHASER IDENTIFICATION CARD

PER CURIAM Appellant Wilfredo Echevarria appeals a February 23, 2009 order of the Law Division denying his appeal of the denial of his application for a New Jersey Firearms Purchaser Identification Card (NJFPIC). In essence, Echevarria raises six arguments on appeal: (1) that denial of his application on the grounds of public health, safety and welfare was unjustified; (2) that he should not have been required to produce a NJFPIC in order to retrieve his weapons; (3) that the denial of his application was contrary to the doctrine of res judicata; (4) that the hearing judge did not apply the appropriate standard of review; (5) that he was denied his constitutional right to bear arms; and (6) that the hearing judge's decision runs contrary to public policy, legislative intent and precedent. We have carefully considered all of these arguments in light of the applicable facts and law, and we affirm the order from which Echevarria appeals.

MICHAEL EVANS CARADIMITROPOULO v. BORGATA HOTEL CASINO & SPA

PER CURIAM Plaintiff appeals from an order of March 20, 2009 granting defendant's motion for summary judgment and dismissing his complaint. He alleges he was falsely accused of "groping" a hostess as he endeavored to enter a reception "after-party" held at the Club MIXX at the Borgata Hotel in Atlantic City. He was directed by security officers to an office, asked to show his driver's license, and told no charges were to be filed, but was escorted off the premises and directed never to return to the Borgata under penalty of being arrested for trespassing. The plaintiff's expert, Andrew P. Sutor, opined that defendant "failed to utilize . . . security camera resources prior to detaining and formally ejecting the plaintiff." Sutor, a "Security and Safety Consultant," also opined that defendant "failed to have official law enforcement . . . properly investigate this incident."

ANA SANTIAGO - v. NORTH BRUNSWICK BOARD OF EDUCATION

PER CURIAM Appellant North Brunswick Board of Education (the Board) appeals from an order of the Division of Workers' Compensation dated May 4, 2009, denying its motion to terminate medical and temporary disability benefits and confirming a prior order of the Division dated August 13, 2007, requiring that the Board provide psychiatric treatment for petitioner for a period of three months. We affirm.

IN THE MATTER OF JANICE CLOYD TRENTON PSYCHIATRIC HOSPITAL

PER CURIAM Appellant Janice Cloyd appeals from a final decision of the Civil Service Commission upholding her termination as an employee of Trenton Psychiatric Hospital. We affirm.

STATE OF NEW JERSEY v. JEFFREY D. ODOM

PER CURIAM Defendant Jeffrey Odom appeals from his conviction after a bench trial of disorderly persons contempt for violation of a domestic violence restraining order, N.J.S.A. 2C:29-9b. We affirm.

STATE OF NEW JERSEY v. STEVEN REICHARD

PER CURIAM Defendant pled guilty to one count of receiving stolen property, N.J.S.A. 2C:20-7, and one count of possession of heroin with intent to distribute within 1000 feet of school property, N.J.S.A. 2C:35-7, pursuant to a plea agreement and was sentenced accordingly. In this appeal he presents one issue, that the search warrant issued lacked a sufficient basis for a finding of probable cause because it was "based solely on third party hearsay." We affirm.

LAURA PAPPAS v. UNION TOWNSHIP

PER CURIAM Plaintiffs appeal from a final judgment flowing from orders of May 28 and July 17, 2009 granting summary judgment to defendant Township and its police officer Eugene Fisher (based on the performance of discretionary acts) and denying reconsideration. Plaintiffs argue "the trial court erred in holding that the defendants, police officer Eugene Fisher and Union Township, are immune from liability for their abandonment of Johanna Trimmer at the site of the first accident" and that N.J.S.A. 59:3-2(d) does not provide immunity in this case. The defendants filed a protective cross-appeal asserting other bases for affirmance.

BONNIE ANDERSON v. A.J. FRIEDMAN SUPPLY CO., INC.

A. A. RODRIGUEZ, P.J.A.D. In this novel asbestos litigation, plaintiffs Bonnie and John R. Anderson, husband and wife, allege that Bonnie contracted mesothelioma from one or both exposures to asbestos at the Linden Bayway Refinery owned by defendant Exxon Mobil Corporation ("Exxon"). The first was bystander exposure from laundering John's asbestos-laden work clothes during his employment with Exxon from 1969 to 2003. The second was direct exposure during Bonnie's employment with Exxon from 1974 to 1986. Plaintiffs prevailed on their claim that Bonnie's bystander exposure was a substantial factor in her contraction of mesothelioma. Exxon now appeals from a judgment in favor of plaintiffs, awarding $7 million to Bonnie and $500,000 per quod to John, plus pre-judgment interest. We affirm.

TRACEY A. SPENNATO v. JASON SPENNATO

PER CURIAM Defendant Jason Spennato appeals from the July 24, 2009 order of the Family Part awarding plaintiff Tracey Spennato counsel fees in the amount of $6,710.14. We affirm, but remand for the purpose discussed below.