The State appeals, by leave granted, from an order suppressing the evidence obtained by the New Jersey State Police from searches conducted without a warrant and, later, with a warrant at the condominium residence of defendant, Steven Bloom... ... ... As the result of the searches, defendant has been charged with ten counts of second-degree possession of a firearm by a convicted felon, N.J.S.A. 2C:39-7b, one count of third-degree unlawful possession of an assault firearm, N.J.S.A. 2C:339-5f,...  

This is a prison inmate classification appeal. William Dykeman appeals from a final administrative decision of the Department of Corrections (DOC) dated September 29, 2008, denying his request to reduce his custody status from maximum custody to medium custody. Dykeman contends the DOC's decision... ... ... is unfair and unreasonable, and it violates his due process and equal protection rights. We affirm... In a seventeen-count indictment, Dykeman was charged with committing various offenses...  

In this appeal, we are asked to determine whether a judge of compensation must award counsel fees in addition to a penalty... ... ... when an employer fails to make timely payment of temporary disability benefits and the appropriate standard to fashion the reasonable attorneys' fees allowed by statute. We hold that an award of attorneys' fees is mandatory and the judge of compensation is not limited by the statutory formula governing fee awards following an award of benefits. See N.J.S.A....  

William Dykeman, a prisoner housed at the New Jersey State Prison and serving a thirty-one-year sentence, appeals various determinations of the Department of Corrections ("the Department") respecting the conditions of his confinement... The specific conditions now complained of by Dykeman were largely the subject of a prior appeal that he brought against... ... ... the Department in 2008. We dismissed that prior appeal without prejudice, because Dykeman had not exhausted administrative...  

In this post-conviction relief (PCR) appeal, we previously remanded this matter to the trial court to conduct an evidentiary hearing to determine whether trial counsel's failure to raise a diminished capacity theory was trial strategy or ineffective assistance of counsel so serious as to have deprived defendant of his constitutionally guaranteed right to a fair trial. State v. Hreniuk, No. A-5667-04 (App. Div. August 16, 2007). After conducting the hearing, the trial court denied the petition,...  

Plaintiff Phyllis Forsyth appeals from an order of the Law Division compelling her to arbitrate her employment discrimination and retaliation claims against her former employer, defendant First Trenton Indemnity Company (First Trenton), its parent, defendant The Travelers Indemnity Companies, Inc. (Travelers), and its chief executive officer (CEO) defendant Jay Fishman,1 under the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49, and the New Jersey Equal Pay Act (NJEPA),...  

Defendant Terrell M. Lucas pled guilty to third degree attempted theft from the person. The judge imposed a three-year probationary term in accordance with the plea agreement. The central issue in this appeal is whether defendant has the right... ... ... to apply to the Pretrial Intervention Program (PTI), not whether he would have been admitted to PTI. We conclude that defendant was mistakenly deprived of the opportunity to apply for PTI. We reverse and remand to allow defendant to do so....  

Defendant C.S. appeals from the termination of his parental rights to his daughter, G.S., and his son, C.S., Jr. Defendant asserts that the Division of Youth and Family Services (DYFS) did not prove prongs one, two, and four of the statutory best interests test, N.J.S.A. 30:4C-15.1a... In N.J. Div. of Youth & Family Servs. v. A.R., 405 N.J. Super. 418 (App. Div. 2009), we rejected the appeal of DYFS from the trial judge's decision not to terminate the parental rights of the mother, A.R.1 Our...  

Plaintiff was a passenger on a cruise ship named the Costa Magica, which was owned by defendant Costa Crociere, S.P.A., an... ... ... Italian corporation. Kurt Mehta, a friend of plaintiff, who went with her on the cruise, purchased the cruise tickets through a ticket agent who obtained the tickets from defendant Costa Cruise Lines N.V., the sales and marketing agent for the Costa Magica... Paragraph 1 of the ticket contract for the cruise imposed a one-year statute of limitations on claims for...  

In this slip and fall premises liability case, plaintiff Daniel Nunez appeals from the denial of his motion for a new trial following a jury's no-cause verdict finding plaintiff seventy-five percent negligent. We affirm... ... ... On December 2, 2007, the weather was inclement. Throughout the day, there had been periods of intermittent snow. As the evening wore on, however, the weather conditions worsened, and the snow began to fall more steadily. Sometime that evening, plaintiff, a twenty-year...  

Defendant J.M. appeals the August 19, 2009 Family Part judgment terminating his parental rights to his son, S.G., pursuant to N.J.S.A. 30:4C-15(c) and -15.1. S.G.'s mother, Sh.G., voluntarily surrendered her parental rights on June 19, 2009, to her mother, R.G., with whom the child has lived since September 18, 2008, when he was nine months old. R.G. wishes to adopt. For the reasons that follow, we affirm... J.M. was arrested on June 5, 2007, while on probation for a prior drug offense. After...  

Defendant pled guilty to three counts of an indictment, each alleging second-degree aggravated assault against his wife... ... ... The record reflects that his total exposure on the indictment was 511 years, 394 without parole eligibility, and a fine of $6,275,000. The State recommended a maximum sentence of twenty years in the custody of the Commissioner of the Department of Corrections based on three consecutive sentences of seven, seven and six years each with eighty-five percent to be...  

Following an unsuccessful motion to suppress and a jury trial, defendant Benjamin McQueen was convicted of second-degree certain persons not to possess a firearm, N.J.S.A. 2C:39-7b... ... ... The trial judge sentenced defendant to five years in state prison with a five-year period of parole ineligibility.1 Defendant appeals from the denial of the motion to suppress. We affirm... These are the relevant facts adduced at the hearing on the motion to suppress. On September 28, 2005, Sheriff's...  

Defendant appeals from the denial of his petition for post-conviction relief (PCR) grounded on ineffective assistance of PCR counsel. We affirm... A grand jury indicted defendant for first-degree armed robbery, N.J.S.A. 2C:15-1; fourth-degree unlawful possession of... ... ... a weapon, N.J.S.A. 2C:39-5d; and third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4d. The charges stemmed from defendant's forcible removal of two gold necklaces from the victim and his use of a...  

We again review Liberty Mutual Insurance Company's (Liberty) appeal from a Law Division order entered upon plaintiff Elizabeth Novak's motion to vacate an arbitration award for personal injury protection (PIP) benefits. We again reverse... ... ... Novak was injured in an automobile accident on March 11, 2002. She submitted requests for PIP benefits for medical care rendered by twenty-two different providers totaling $249,707.45. Most of the bills related to treatments for a temporomandibular...  

Plaintiff Jason Berry was injured in a paintball game at the home of defendants Linda and Gary Dvorak that was organized by Gary's adult son, defendant Joseph Dvorak.1 The injury occurred when plaintiff was struck in the face by a paintball pellet when he briefly lifted his face mask to defog it... Prior to trial, the Law Division entered two orders that are the subject of this appeal: a September 26, 2008 order that granted partial summary judgment to Linda, Gary and Joseph by requiring...  

Plaintiff Anthony Tonic appeals from the dismissal with prejudice of his complaint seeking underinsured motorist (UIM) benefits pursuant to an automobile insurance policy issued to his employer by defendant American Casualty Company, improperly pled as CNA Insurance Co. Having considered the arguments raised on appeal in light of the record and applicable legal standards, we reverse and remand the matter for further proceedings consistent with this opinion... I... On January 2, 2006, plaintiff...  

Defendant appeals from an order denying his petition for post-conviction relief (PCR) under Rule 3:22. We dismiss the appeal as moot... ... ... On July 3, 2007, defendant entered a plea of guilty to third-degree burglary, N.J.S.A. 2C:18-2. Pursuant to his plea agreement with the State, defendant was sentenced to four years' imprisonment with sixteen months before parole eligibility, to be served concurrently with a sentence of three years flat on a separate accusation based on an earlier...  

Plaintiff Franca DiLisciandro appeals from a March 20, 2009 order dismissing her complaint with prejudice for failure to state a claim upon which relief can be granted and a May 1, 2009 order denying her motion for reconsideration. We affirm... ... ... Plaintiff worked for defendant Atlantic Medical Imaging as an ultrasound technician. After Atlantic terminated her employment on June 7, 2007, she filed a two-count complaint alleging violation of the Conscientious Employee Protection Act (CEPA),...  

Defendant Ernesto Rivera was charged in Passaic County Indictment No. 07-04-0443 with second-degree robbery, N.J.S.A... ... ... 2C:15-1. After trial, a jury acquitted defendant of robbery but found him guilty of third-degree theft, N.J.S.A. 2C:20-3. The court sentenced defendant to a five-year term of imprisonment with a two and one-half year period of parole ineligibility and imposed applicable fines and penalties. Defendant appeals, challenging his conviction and sentence stating:... POINT...