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STATE DEPT. ENVIRONMENTAL PROTECTION v. CALDEIRA

794 A.2d 156 (2002)

171 N.J. 404

STATE of New Jersey DEPARTMENT OF ENVIRONMENTAL PROTECTION, Plaintiff-Appellant, v. Joseph J. CALDEIRA, Jr., individually, and as Owner, Operator, Manager, Director, Officer and/or Shareholder of Forcees, Inc., and Caldeira Brothers, Inc., Joseph J. Caldeira, SR., individually, and, as prior Owner, Operator, Manager, Director, Officer and/or Shareholder of Forcees, Inc., Caldeira Brothers, Inc., and Southern Ocean Landfill, Inc., and U.S.A. Waste Recycling of New Jersey, Inc., a corporation of the State of New Jersey and corporate successor to Caldeira Brothers, Inc., Defendants-Respondents, and Southern Ocean Landfill, Inc., a corporation of the State of New Jersey, Defendant.

Supreme Court of New Jersey.

Decided April 8, 2002.

Attorney(s) appearing for the Case

Lisa Tichauer Wahler, Deputy Attorney General, argued the cause for appellant (David N. Samson, Attorney General of New Jersey, attorney; Andrea M. Silkowitz, Assistant Attorney General, of counsel).

James O'Toole, Jr., Philadelphia, PA, argued the cause for respondent U.S.A. Waste Recycling of New Jersey, Inc.(Saul Ewing, attorneys; Mr. O'Toole, Jane Kozinski, Princeton, James A. Keller Philadelphia, PA and Jennifer M. Vlack, Princeton, on the briefs).

Kevin N. Starkey, Toms River, argued the cause for respondent Joseph J. Caldeira, Sr., etc. (Starkey Kelly Blaney & White, attorneys; Charles E. Starkey, of counsel; Dina R. Khajezadeh, on the briefs).

David J. Haber, Little Silver, submitted a brief on behalf of respondents Joseph J. Caldeira, Jr., etc., Forcees, Inc. and Caldeira Brothers, Inc.

The opinion of the Court was delivered by LONG, J.

We are called on here to resolve the question of which statute of limitations should apply to a fraudulent transfer action brought by the State Department of Environmental Protection (DEP). Implicated are the one- and four-year limitations set forth in the Uniform Fraudulent Transfer Act (UFTA), N.J.S.A. 25:2-31; the ten-year limitation that generally applies to civil actions brought by the State under N...

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