October 16, 2018
WILLIAM H. MONE reports on a recent decision from the Superior Court of New Jersey, Appellate Division.
Following the death of his father in 2014, a New Jersey man submitted his father's will to probate as the executor of the estate. The man's brother filed a petition challenging the will. The two brothers subsequently filed a consent order with the court settling their dispute, which revolved around the disposition of real property owned by their father.
The consent order granted the brother the option to purchase the deceased father's property, subject to several conditions. In order to exercise his right to purchase the property, the brother had to first (1) obtain financing by a date certain, (2) pay outstanding taxes he owed relative to the disposition of the estate of the(...)
October 16, 2018
Kozyra & Hartz LLC is proud to announce that on October 16, 2018, Barry A. Kozyra received a Proclamation from Mayor Joseph P. Scarpelli, Commissioner Alphonse Petracco, Commissioner Thomas J. Evans, Commissioner Mauro G. Tucci and Commissioner Steven L. Rogers of the Township of Nutley.
The Proclamation paid tribute to Mr. Kozyra's accomplishments and contributions as a lawyer and citizen. The Township also extended their congratulations to Mr. Kozyra as the recipient of the 2018 Elks Citizen of the Year Award for his outstanding and meritorious service to humanity and charitable causes, and the 2018 Professional Lawyer of the Year Award for exemplary conduct, competence, diligence, and demeanor.
October 15, 2018
ROBERT B. SPAWN reports on recent changes in New Jersey regarding the expungement of criminal records.
A recently-enacted New Jersey law has made it easier for people to expunge (i.e., remove) certain types of charges from their criminal records. Noteworthy changes are listed below:
Prior to the passage of this law, a person seeking to remove a criminal conviction would have to wait ten years before becoming eligible to petition the Court for an expungement. Under the new law, this waiting period has been shortened to six years.
The Court can now remove four disorderly persons or petty disorderly persons offenses from a person's record. The old expungement law only allowed the Court to remove three such offenses.
The old law stated that interdependent charges(...)
October 11, 2018
Congratulations to Barry A. Kozyra, Esq. on receiving the 2018 Essex County Bar Association Professional Lawyer of the Year Award, which was presented to Barry by the Honorable Barry T. Albin, Associate Justice of the New Jersey Supreme Court, and the Honorable John W. Bissell, retired Chief Judge of the United States District Court for the District of New Jersey, at the Commission's Professionalism Awards Luncheon on Thursday, October 11, 2018, at the Pines Manor in Edison, New Jersey. When asked what inspires him about this noble profession, Barry stated:
"I believe all lawyers are charged by oath of office with the responsibility to seek justice for all and to bring honor to the profession. For me, my word has always been my bond in dealing with everyone -- client, adversary,(...)
October 9, 2018
ROBERT B. SPAWN reports on a recent unpublished decision from the Superior Court of New Jersey, Appellate Division.
In a recent New Jersey case, a plaintiff-nurse filed suit against two defendant-homeowners when the nurse allegedly suffered a severe and permanent back injury while caring for the homeowners' teenage daughter. Due to a disabling congenital condition, the daughter was physically unable to care for herself and required assistance in all aspects of daily life. Indeed, the daughter required a home caretaker to help her move to and from her bed and wheelchair. The daughter was also totally dependent on a ventilator, which further necessitated daily skilled nursing care.
On December 18, 2012, the homeowners hired the nurse to serve as the daughter's on-site overnight(...)