Amato v. Township of Ocean School District, ___ N.J. ___ (2025). Yesterday's post included discussion of a per curiam affirmance by the Supreme Court. Today, the Court published another per curiam affirmance in this case. The Court affirmed "substantially for the reasons stated in Judge Puglisi's thorough and thoughtful opinion" for the Appellate Division. That decision was published at 480 N.J. Super. 239 (App. Div. 2024)....
Supreme Court opinions often extend toward the longer side. This week, however, the Court issued two opinions, both involving administrative agency actions, that were shorter than average. In neither case did more need to be said....
On Thursday, November 13, judges on Part C of the Appellate Division will hear oral argument in Arminio v. Monroe Township Board of Education. The case raises several issues under the Open Public Meetings Act, N.J.S.A. 10:4-6 et seq. ("OPMA")....
Alcantara v. Moro, ___ N.J. Super. ___ (App. Div. 2025). Judge Smith authored this opinion for the Appellate Division, that court's first published opinion of the new Term. The appeal was from a final decision of the Commissioner of the New Jersey Department of Education that the School Funding Reform Act, N.J.S.A. 8A:7F-43 et seq. ("SFRA"), was constitutional as applied to the Township of Lakewood....
Isaac v. Board of Trustees, ___ N.J. ___ (2025). Two kinds of benefits are payable to retired members of the.Police and Firemen's Retirement System ("PFRS"). One is a pension benefit, a part of the member's compensation for past services. Pension benefits go to the person whom the member designates, or to the member's estate if no designation is made. The other is a survivor's benefit, which goes to the member's widow for the duration of his or her widowhood. Former Newark policeman Keith Isaac made no designation as to his pension benefits, though he did list his estranged wife, Roxanne, as his spouse when he filed for retirement. Based on that, Isaac's pension benefits were distributed to Roxanne. Isaac's estate contested that, and today the Supreme Court held that the estate should have gotten the pension monies....
M.R. v. New Jersey Department of Corrections, ___ N.J. ___ (2025). Plaintiff appealed the denial of his petition for release under the Compassionate Release Act, N.J.S.A. 30:4-123.51 ("CRA"). He argued that he had not been physically examined by a physician, and that the statute required a physical examination. The Appellate Division determined that the statute did not require a physical examination and upheld the denial of compassionate release. Today, in a unanimous opinion by Justice Hoffman, the Supreme Court agreed that no physical examination was required, but reversed the denial of compassionate relief as insupportable....
The Supreme Court announced that it has granted review in five more appeals. On of those matters is before the Court on leave to appeal. In the others, the Court granted certification....
The last seven days, an especially busy period for me, featured one Supreme Court opinion and two published Appellate Division decisions. Here are summaries of those rulings:...
The Supreme Court announced that it has granted certification in four new appeals. Three are from unpublished opinions of the Appellate Division, while the fourth is from a published decision in a criminal case....
On Tuesday, April 8, judges on Part D will hear oral argument in Alcantar v. Allen-McMillan, a case filed in 2014 in which the Appellate Division has ruled before, 475 N.J. Super. 56 (App. Div. 2023). This appeal follows on the Appellate Division's prior ruling, unappealed by the State...
