Wilmington Savings Fund Society, FSB v. Daw, ___ N.J. Super. ___ (App. Div. 2021). Judge Sabatino issued this opinion for the Appellate Division today, in a case that arises out of Superstorm Sandy. It consumes 36 pages and is well worth reading in full. But the first few pages of the opinion explain very well what the case is about, what the governing principles are, and the panel’s ultimate ruling that the case is being remanded for further development of the record. As a result, this remainder of this post is a (shameless but convenient) quotation of those pages of the Appellate...

Chief Justice Rabner has issued the General Assignment Order for the coming Term. It is available here. At the Appellate Division level, the headline is that the number of Parts has been reduced from eight to seven, encompassing a total of thirty judges. Two of the Parts, Parts C and E, have five judges, while the other Parts have four judges, as in the past. Unlike in several past years, there is no provision for any “Temporary Assignees” on any Part. That is despite the fact that the thirty-judge composition of the Appellate Division for 2021-22 is smaller than the...

New Jersey Division of Child Protection and Permanency v. D.H., ___ N.J. Super. ___ (App. Div. 2021). This case comprised two related appeals. Two biological parents saw their parental rights to their five-year old son terminated by the Family Part under Title 30. The parents had admitted to the recreational use of marijuana. They appealed, contending that the Family Part had improperly held that use of marijuana use against them. Speaking through Judge Sabatino, the Appellate Division held that “a parent’s status as a recreational marijuana user cannot suffice as the sole or...