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Click on any decision below to get the full opinion – October 21, 2026.
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NOT APPROVED FOR PUBLICATION |
New Jersey Appellate Division
Landlord-Tenant – Residential Eviction
87 Newkirk Holdings LLC vs. Tamika Daley (Hudson County and Statewide) – The defendant Tamika Daley – the tenant – appealed from a judgment for possession in favor of the plaintiff 87 Newkirk Holdings, LLC – the landlord. The Appellate Division dismissed the appeal as moot.
Employment – Alleged Workplace Discrimination
Diana Quintero vs. WithumSmith+Brown P.C., et al. (Morris County and Statewide) – This matter arose out of an employment dispute concerning an arbitration clause in an employment agreement between the plaintiff Diana Quintero and the defendant Withumsmith+Brown P.C. Although both parties agreed that such a clause need not recite any and all statutory claims that are subject to arbitration, they disagreed regarding whether the clause at issue was ambiguous regarding arbitration of discrimination claims. The trial court concluded the clause was ambiguous and denied the defendants' motion to dismiss and compel arbitration. The Appellate Division affirmed the lower court.
Family – Parenting Time
T.W. vs. Q.T. (Camden County and Statewide) – In this post-judgment non-dissolution matter, the defendant Q.T. appealed from a Family Part order allowing the plaintiff T.W. overnight parenting time with the parties' minor child. The Appellate Division affirmed the lower court.
S.M. vs. A.S. (Monmouth County and Statewide) – In this appeal, the defendant A.S. challenged a Family Part order that denied his application to reopen the proceedings concerning parenting time with the parties' son and denied his request to recalculate his child support obligation. The Appellate Division affirmed order denying the defendant's application to reopen the parenting-time proceedings.
Civil – Consumer Protection
Everlasting Strength Ministries, Inc. vs. Brian Nogiewich, et al. (Burlington County and Statewide) – The defendants Brian Nogiewich, Integrity Builder, and I&B Enterprising appealed from an order denying their motion to vacate a default judgment entered in favor of the plaintiff Everlasting Strength Ministries, Inc. The judgement awarded $116,000 for church repairs that were largely never completed. The Appellate Division affirmed the lower court.
Administrative – Disability Rights
N.A. vs. Division of Developmental Disabilities (Division of Developmental Disabilities) – Th petitioner challenged a decision by the Division of Developmental Disabilities to keep her developmentally disabled adult son in a specific facility despite the mother's request for a transfer. An Administrative Law Judge granted summary disposition in favor of the division, which was adopted in the final agency decision with one minor modification. The Appellate Division affirmed the division’s decision.
Administrative – Public Pension
Robert J. Pinizzotto vs. Board of Trustees, etc. (Public Employees' Retirement System) – The petitioner Robert J. Pinizzotto appealed from a final agency decision by the Board of Trustees of the Public Employees' Retirement System (PERS) finding him ineligible for continued enrollment in PERS as of Jan.1, 2008. The Appellate Division affirmed the lower court.
Criminal – Post-Conviction Relief
State of New Jersey vs. Tareek J. Foster (Monmouth County and Statewide) – The defendant Tareek Foster appealed from an order denying his petition for post-conviction relief without a hearing, contending he established a prima facie case of ineffective assistance of counsel. The defendant is serving a 10-year prison sentence after pleading guilty to aggravated assault and weapons possession. The Appellate Division affirmed the lower court.
State of New Jersey vs. Kevin T. Sadler (Cumberland County and Statewide) – The defendant Kevin T. Sadler appealed from the order denying his petition for post-conviction relief without an evidentiary hearing. The defendant contended he demonstrated ineffective assistance of counsel warranting an evidentiary hearing based on trial counsel's failure to provide him with discovery, insufficient explanation of his jail and
gap time credits, and lack of arguments at sentencing regarding the applicability
of certain aggravating factors. The defendant is serving and eight-year prison term after pleading guilty to aggravated assault. The Appellate Division affirmed the lower court.
Municipal – Sewer Connection
Midtown Water Company, et al. vs. Old Bridge Municipal Utilities Authority (Middlesex County and Statewide) – The defendant Old Bridge Municipal Utilities Authority appealed from two
orders granting summary judgment to the plaintiffs Midtown Water Company, Brunetti Organization, and John J. Brunetti, Jr., and denying its motion for partial summary judgment. The judgement declared that the plaintiffs were entitled to exemptions from water and sewer connection fees under longstanding agreements with the Old Bridge Municipal Utilities Authority. The Appellate Division affirmed the lower court.
Estate – Contested Will
In the Matter of the Estate of Thomas DelGatto, Jr. (Bergen County and Statewide) – The plaintiffs Toni Gallo aka Toni Luciano, Salvatore Luciano, and Patrick Carr appealed from a Chancery Division order granting summary judgment in favor of the defendant Kristen DelGatto and dismissing the plaintiffs' complaint with prejudice. The defendant cross-appealed from an order granting the plaintiffs' fee application requiring the defendant to pay the plaintiffs' counsel fees from the estate in accordance with Rule 4:42-9(a)(3). The plaintiffs filed suit after learning that their uncle, Thomas DelGatto, Jr., who had originally devised them a pro rata share of $5 million, changed his will and instead left the money to his wife Kristen and their two children. The plaintiffs claimed Thomas was unduly influenced by his wife, and his attorney changed his will without his knowledge. The plaintiffs also claimed they were entitled to attorneys' fees and costs from the estate given their good faith challenge to the will. The trial judge granted summary judgment to Kristen but ordered her to pay the plaintiffs' counsel fees and costs in her capacity as executor of the estate. The Appellate Division affirmed the lower court.
Education – State Oversight Over Academic Degree Programs
In the Matter of the Applicability of Certain Statutes and Regulations to Rutgers, etc. (Secretary of Higher Education) – The appellant Rutgers University appealed from the final administrative decision and the final administrative determination of the Office of the Secretary of Higher Education (OSHE), holding that Rutgers must comply with N.J.A.C. 9A:1-2.10 to -2.14. These regulations, which the OSHE adopted in March 2022, pursuant to the authority granted under L. 2021, c. 27, require review of institutions' proposed new academic degree programs by the New Jersey Presidents' Council and authorize the OSHE to reject a proposed new academic degree program based upon the consideration of specified criteria—sufficient academic quality, evidence of labor market demand, duplication with comparable programs of study in the state, and whether the proposed new program will require significant additional state resources. Rutgers objected to application of the regulations on the grounds that it is statutorily and constitutionally exempt from state control over its academic programs as a matter of law. The Appellate Division agreed and reversed the administrative decision.
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