Mark Tannen v. Wendy Tannen (A-53-10; 066951)

Mark Tannen v. Wendy Tannen (A-53-10; 066951) 

          The judgment of the Appellate Division is affirmed           substantially for the reasons expressed in Judge           Messano’s opinion.  12-8-11   

DANIEL SCHULMANN, ET AL. VS. DIRECTOR, NEW JERSEY DIVISION, NEW JERSEY DIVISION OF TAXATION A-2089-10T3

DANIEL SCHULMANN, ET AL. VS. DIRECTOR, NEW JERSEY

DIVISION, NEW JERSEY DIVISION OF TAXATION

A-2089-10T3

The taxpayer used his personal funds to pay commissions

owed by two S corporations. He and his wife then deducted the

commission expenses from the S corporation income that they

reported on their personal income tax returns. Affirming the

reported opinion of the Tax Court, we held that the taxpayer

could not disregard the corporate form by taking personal

deductions for paying corporate obligations. The attempted

deductions also violated the rule against "cross-netting" of

losses, as set forth in N.J.S.A. 54A:5-2. 12-06-11

CHARLES WILLIAMS VS. NEW JERSEY DEPARTMENT OF CORRECTIONS A-5962-08T3

CHARLES WILLIAMS VS. NEW JERSEY DEPARTMENT OF

CORRECTIONS

A-5962-08T3

An inmate at the Adult Diagnostic Treatment Center (ADTC)

challenged the authority of the Commissioner of the Department

of Corrections to transfer inmates to the ADTC who do not meet

the qualifications for confinement at the ADTC set forth in the

Sexual Offender Act (SOA), N.J.S.A. 2C:47-1 to -10, more

specifically the provisions of N.J.S.A. 2C:47-3. We concluded

that the very specific provisions of the SOA, as explored at

length by the Supreme Court in In re Civil Commitment of W.X.C.,

204 N.J. 179, 196-99 (2010), cert. denied, ___ U.S. ___, 131 S.

Ct. 1702, 179 L. Ed. 2d 635 (2011), significantly limit the

Commissioner's otherwise broad discretion to assign inmates to

available institutions under N.J.S.A. 30:4-91.2, and that only

sex offenders who meet each of the three criteria set forth in

the SOA can be confined at the ADTC. Those criteria are: (1)

the offender's conduct was characterized by a pattern of

repetitive, compulsive behavior, (2) the offender is amenable to

sex offender treatment, and (3) the offender is willing to

participate in such treatment. 12-02-11

ANIMAL PROTECTION LEAGUE OF NEW JERSEY, THE BEAR EDUCATION AND RESOURCE GROUP, ET AL. VS. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION("NJDEP"),

ANIMAL PROTECTION LEAGUE OF NEW JERSEY, THE BEAR EDUCATION

AND RESOURCE GROUP, ET AL. VS. NEW JERSEY DEPARTMENT OF

ENVIRONMENTAL PROTECTION("NJDEP"), BOB MARTIN, ET AL.

A-1603-10T2

On this appeal challenging the validity of the

Comprehensive Black Bear Management Policy (CBBMP) adopted by

respondent New Jersey Department of Environmental Protection, we

conclude that while there may be disagreements as to available

data and its interpretation, under our standard of review we

defer to agency findings that are based on sufficient evidence

in the record. We further conclude that the agency findings

here meet that standard. Most important, we determine that

appellants have failed to demonstrate that respondents acted

arbitrarily or capriciously or in bad faith. We further find

that appellants have failed to demonstrate any procedural

deficiencies supporting invalidation of the CBBMP. Accordingly,

we affirm. 12-01-11

NEW PROVIDENCE APARTMENTS CO., L.L.C. VS. MAYOR AND COUNCIL OF BOROUGH OF NEW PROVIDENCE, ET AL. A-2924-10T4

NEW PROVIDENCE APARTMENTS CO., L.L.C. VS. MAYOR AND

COUNCIL OF BOROUGH OF NEW PROVIDENCE, ET AL.

A-2924-10T4

A municipal ordinance that imposes a $100 annual fee per

apartment unit for sewer service upon owners of apartment

houses, but does not impose this fee upon owners of singlefamily

houses, complies with the statutory mandate that sewer

fees shall be "uniform and equitable for the same types and

classes of use and service" and the equal protection guarantees

of the United States and New Jersey Constitutions, because the

fee is reasonable designed to reduce the gross disparity in the

contributions to the costs of sewer service derived from real

estate taxes paid by apartment owners and owners of singlefamily

houses. 12-01-11

MICHAEL C. SENISCH VS. JAMES CARLINO, ET AL. A-6218-09T3

MICHAEL C. SENISCH VS. JAMES CARLINO, ET AL.

A-6218-09T3

Pursuant to the 2005 "Health Care Professional

Responsibility and Reporting Enhancement Act" (colloquially

called the "Cullen Act"), N.J.S.A. 26:2H-12.2c, and also

pursuant to prior case law establishing a qualified immunity for

truthful job references by a former employer, defendants could

not be held liable in a civil lawsuit for responding to a

reference request with negative information from the personnel

file of plaintiff, a physician's assistant. Defendants were not

required to include in the reference plaintiff's version of the

circumstances of his termination since the settlement of a prior

CEPA and LAD lawsuit he brought did not include an admission of

wrongdoing by defendant former employer. 12-01-11

NEWARK MORNING LEDGER CO., PUBLISHER OF THE STARLEDGER VS. NEW JERSEY SPORTS & EXPOSITION AUTHORITY A-1810-10T1

NEWARK MORNING LEDGER CO., PUBLISHER OF THE STARLEDGER

VS. NEW JERSEY SPORTS & EXPOSITION AUTHORITY

A-1810-10T1

We are asked to examine the scope of certain exemptions

from the disclosure requirements set forth in the Open Public

Records Act (OPRA), N.J.S.A. 47:1A-1 to -13. We conclude

disclosure of the terms of the licensing agreements for use of

the IZOD Center, a state-owned facility, is mandated by OPRA.

The redacted terms relating to the use of the arena do not fall

within the scope of "trade secrets" or "proprietary commercial

or financial information" as used in N.J.S.A. 47:1A-1.1.

Further, disclosure of the details regarding the licensing fees

and other remunerative arrangements would not afford an

advantage to other venues competing for bookings because they

are widely known among those involved in this branch of the

entertainment industry, defeating defendant's claims of

confidentiality. 11-30-11