Recent Decisions of the New Jersey Appellate Courts
from 2019-03-11 to 2019-03-25

Supreme Court Decisions


Docket No.: a-40-17
Decided: 2019-03-11
Caption: State v. Adrian A. Vincenty
Summary:
N.J. at 301 (Handler, J., concurring in part and dissenting in part)). Individuals, as holders of the right, may waive the right against self- incrimination. Presha, 163 N.J. at 313. Law enforcement officers must first advise a suspect of the right against self-incrimination before attempting to obtain a waiver of the right. State v. Hreha, 217 N.J. 368, 382 (2014) (citing Miranda v. Arizona, 384 U.S. 436, 444 (1966)). A waiver of the right against self-incrimination must be knowing, intelligent, and voluntary. Reed, 133 N.J. at 250-51.

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Appellate Division PUBLISHED Decisions


Docket No.: a1307-16
Decided: 2019-03-20
Caption: STATE OF NEW JERSEY v. THOMAS H. OUTLAND
Status: Published
Summary:
ALVAREZ, P.J.A.D. Tried to a jury, defendant Thomas H. Outland was found guilty of second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and 2C:15-1, and second-degree robbery, N.J.S.A. 2C:15-1.1 After merging the convictions, the trial judge sentenced defendant to a sixteen-year extended term as a persistent offender subject to the No Early Release Act. N.J.S.A. 2C:43-7.2; N.J.S.A. 2C:44-3(a). Defendant appeals and we affirm.

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Docket No.: a0520-18
Decided: 2019-03-12
Caption: STATE OF NEW JERSEY v. ROBERT J. KOSCH, JR.
Status: Published
Summary:
FISHER, P.J.A.D. This is the third time this matter has come before us. The first time, we reversed defendant's three convictions for the theft of immovable property; we remanded those counts for a new trial and left standing his other six convictions.

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Appellate Division UNPUBLISHED Decisions


Docket No.: a1265-17
Decided: 2019-03-21
Caption: KIMBERLY M. BOROZAN v. MICHAEL J. BOROZAN
Status: Unpublished
Summary:
PER CURIAM Appellant having advised the court that he has withdrawn his appeal in this matter, the appeal is hereby dismissed with prejudice and without costs. A-1265-17T2 2

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Docket No.: a1636-17
Decided: 2019-03-21
Caption: KEVIN D. KELLY v. DEBORAH E. KELLY
Status: Unpublished
Summary:
PER CURIAM Pro se plaintiff appeals from an October 27, 2017 order reinstating the pleadings, confirming an arbitration award, and entering a final judgment of divorce. Judge Maritza Berdote Byrne entered the order and attached a thirteen- page written statement of reasons.

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Docket No.: a2244-17
Decided: 2019-03-21
Caption: STATE OF NEW JERSEY v. TYSHAWN WEBB
Status: Unpublished
Summary:
PER CURIAM Defendant Tyshawn Webb appeals from a November 9, 2017 order denying his petition for post-conviction relief (PCR) without an evidentiary hearing. We affirm.

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Docket No.: a2345-17
Decided: 2019-03-21
Caption: JUSTINE BRANHAM v. BOARD OF TRUSTEES POLICE AND FIREMEN'S RETIREMENT SYSTEM
Status: Unpublished
Summary:
PER CURIAM Justine Branham appeals from a final decision of the Board of Trustees of the Police and Firemen's Retirement System, denying her application for accidental disability retirement benefits. The Board determined Branham was not injured during and as a result of her regular or assigned duties. See N.J.S.A. 43:16A-7(1). Because we find this case indistinguishable from Mattia v. Board of Trustees, Police $1 Firemen's Retirement System, 455 N.J. Super. 217 (App. Div. 2018), we affirm.

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Docket No.: a2664-17
Decided: 2019-03-21
Caption: CHARLES L. DIETZEK, D.O. v. VOORHEES WHITE HORSE, LP
Status: Unpublished
Summary:
PER CURIAM In this commercial landlord-tenant case, the Landlord (defendant) appeals from the enforcement of litigants' rights and the award of attorney's fees.1 The order enforcing litigant's rights generally compelled defendant to have a new roof installed, have an appropriate contractor do air conditioning work, provide documentation, and properly bill for purported maintenance in the common area. If defendant failed to do those things, the same order imposed a per diem penalty against defendant.

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Docket No.: a2763-17
Decided: 2019-03-21
Caption: STATE OF NEW JERSEY v. LAWRENCE D. THOMAS, JR
Status: Unpublished
Summary:
PER CURIAM Defendant appeals from a July 24, 2017 order denying his petition for post-conviction relief (PCR). Defendant contends that his trial counsel rendered ineffective assistance by failing to call "many" witnesses and by "pressur[ing]" defendant not to testify. 1 We disagree and affirm.

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Docket No.: a3195-16
Decided: 2019-03-21
Caption: JOYCE WILLIAMS v. BOARD OF TRUSTEES PUBLIC EMPLOYEES RETIREMENT SYSTEM
Status: Unpublished
Summary:
PER CURIAM Joyce Williams appeals from the final agency decision of the Public Employees' Retirement System (PERS) Board of Trustees that set May 1, 2016, as the start date of her service retirement benefits. Williams contends her benefits should have started on July 1, 2015. That was the date she sought ordinary disability retirement benefits in her initial June 2015 application.

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Docket No.: a3766-17
Decided: 2019-03-21
Caption: VOADV PROPERTY, INC v. JACQUELINE WARREN
Status: Unpublished
Summary:
PER CURIAM Defendant Jacqueline Warren appeals from the trial court's April 18, 2018, order denying defendant's motion to vacate a consent judgment and its April 25, 2018, order denying her motion for reconsideration. The matter arises from a summary dispossess action in which plaintiff VOADV Property, Inc. ("VOADV")1 sought to evict defendant for non-payment of rent.

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Docket No.: a3792-17
Decided: 2019-03-21
Caption: STATEWIDE COMMERCIAL CLEANING, LLC v. FIRST ASSEMBLY OF GOD
Status: Unpublished
Summary:
PER CURIAM Plaintiff Statewide Commercial Cleaning, LLC (Statewide) appeals from a Law Division order: (1) denying Statewide's motion to vacate the umpire's award and remand the matter to the umpire for consideration of Statewide's appraisal; (2) granting third-party defendant Mercer Insurance Company of New Jersey Inc.

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Docket No.: a4525-16
Decided: 2019-03-21
Caption: RISA ROSENBERG, individually and as Executrix of the Estate of GERALD LAZAR v. ENGLEWOOD HOSPITAL AND MEDICAL CENTER, INC
Status: Unpublished
Summary:
PER CURIAM This professional malpractice case arises out of the death of a hospital patient who had a fatal allergic reaction after a nurse infused him with a prescribed medication. Plaintiff's decedent claims that the nurse deviated from standards of care by allegedly leaving the patient's room too soon and failing to monitor his reaction to the drug adequately, as required by the hospital's policy.

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Docket No.: a1701-17
Decided: 2019-03-20
Caption: G.G v. DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES
Status: Unpublished
Summary:
PER CURIAM Appellant having advised the court that he has withdrawn his appeal in this matter, the appeal is hereby dismissed with prejudice and without costs.

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Docket No.: a1826-17
Decided: 2019-03-20
Caption: DEUTSCHE BANK NATIONAL TRUST COMPANY v. MICHAEL J. BLANDO
Status: Unpublished
Summary:
PER CURIAM Defendants Michael J. Blando and Janeen Blando appeal from the Chancery Division's December 4, 2015 order striking their answer and November 1, 2017 final judgment of foreclosure. We affirm.

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Docket No.: a2493-17
Decided: 2019-03-20
Caption: IN THE MATTER OF THE APPLICATION OF ALLENWOOD TERRACE APARTMENTS, LP FOR NINE PERCENT LOW-INCOME HOUSING TAX CREDITS FROM THE 2017 SENIOR CYCLE
Status: Unpublished
Summary:
PER CURIAM Allenwood Terrace Apartments, LP (Allenwood) appeals from a December 19, 2017 final agency decision of the New Jersey Housing and Mortgage Finance Agency's (HMFA) Tax Credit Committee (TCC), denying its application for Federal low-income housing tax credits (LIHTC) for its senior affordable housing project in Wall Township. Allenwood argues the TCC's decision was arbitrary, capricious, and unreasonable primarily because Allenwood's "clerical" errors were "easily corrected" and disqualification was "grossly disproportionate to the minimal harm."

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Docket No.: a2940-17
Decided: 2019-03-20
Caption: NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. C.V.
Status: Unpublished
Summary:
PER CURIAM Defendant C.V. appeals a finding in this Title Nine action that she abused or neglected her eleven-year-old child by leaving him in their West Windsor apartment for an undue period of time without adult supervision.

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Docket No.: a3115-17
Decided: 2019-03-20
Caption: MARY LOU FORSELL v. BOARD OF TRUSTEES TEACHERS' PENSION AND ANNUITY FUND
Status: Unpublished
Summary:
PER CURIAM Petitioner Mary Lou Forsell appeals from a February 2, 2018 final agency decision of the Board of Trustees (Board) of the Teachers' Pension and Annuity Fund (TPAF), denying her application for deferred retirement benefits. We affirm.

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Docket No.: a3192-17
Decided: 2019-03-20
Caption: NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.A.W.
Status: Unpublished
Summary:
PER CURIAM Following a guardianship trial in which the Division of Child Protection and Permanency introduced 102 exhibits and undisputed expert testimony, and defendants produced a single exhibit and no testimony, the trial court concluded the Division had clearly and convincingly established it was in the best interest of the child, J.L.W., to terminate defendants' parental rights.

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Docket No.: a3314-17
Decided: 2019-03-20
Caption: ESTATE OF WINIFRED SKORSKI v. NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY
Status: Unpublished
Summary:
PER CURIAM Appellant, Estate of Winifred Skorski ("Estate"), appeals the New Jersey Economic Development Authority's ("EDA") final agency decision denying its application for a conditional hardship grant pursuant to the Underground Storage Finance Act, N.J.S.A. 58:10A-37.1 to -37.23 ("UST Act" or "the Act"). Under the Act, owners or operators of leaking underground petroleum storage tanks may receive grants or loans for the upgrade or closure of tanks and the remediation of contaminated properties.

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Docket No.: a3392-16
Decided: 2019-03-20
Caption: STEPHEN E. BRYANT v. MELISSA J. ELAM
Status: Unpublished
Summary:
O'CONNOR, J.A.D. Plaintiff Stephen Bryant appeals from a February 27, 2017 Family Part order which, among other things, compels him to contribute toward the parties ' children's college education expenses. Plaintiff also appeals from a March 24, 2017 order denying his motion for reconsideration. We affirm in part and reverse in part.

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Docket No.: a3631-16
Decided: 2019-03-20
Caption: STATE OF NEW JERSEY v. STEVEN L. GANIEL
Status: Unpublished
Summary:
PER CURIAM Defendant Steven L. Ganiel appeals from the Law Division's judgment of conviction that was entered after a jury found him guilty of third-degree aggravated assault, N.J.S.A. 2C:12-1(b)(7). After his conviction, the trial court sentenced defendant in the extended term to fifty-four months with a twenty-seven month period of parole ineligibility to be served consecutive to a term he was then serving on parole for a prior offense. Defendant's conviction arose from a domestic violence incident involving his girlfriend, A.D., who reported to the local police that defendant had assaulted and injured her.

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Docket No.: a4077-16
Decided: 2019-03-20
Caption: STATE OF NEW JERSEY v. RICHARD D. GRAY, JR
Status: Unpublished
Summary:
PER CURIAM Defendant appeals from an August 22, 2016 judgment of conviction after a jury found him guilty of second-degree possession of a handgun, N.J.S.A. 2C:39-5(b); second-degree possession of a firearm during the course of committing a drug offense, N.J.S.A. 2C:39-4.1(a); second-degree possession of a Controlled Dangerous Substance (CDS) analog, N.J.S.A. 2C:35-10(a)(2); and second-degree distribution of CDS under N.J.S.A. 2C:35-10.5(a)(3). On appeal, defendant argues the trial judge erred when he denied suppression of defendant's statement and overruled defendant's objection to hearsay statements made by the arresting officer.

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Docket No.: a4190-17
Decided: 2019-03-20
Caption: ALICIA ORTIZ v. PERSONAL SERVICE INSURANCE COMPANY
Status: Unpublished
Summary:
PER CURIAM Plaintiff Alicia Ortiz commenced this declaratory judgment against defendant Personal Service Insurance Company, which issued an auto insurance policy to Lourdes Naba, plaintiff's daughter, with whom plaintiff claimed she resided in Lakewood. Plaintiff alleged that, on May 2, 2017, she was in an auto accident while operating a vehicle borrowed from the brother of her boyfriend. Asserting she was a resident of Lourdes's home, plaintiff claimed she was entitled to personal injury protection (PIP) benefits under Lourdes's policy with defendant; plaintiff completed and submitted a PIP application to defendant.

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Docket No.: a4961-17
Decided: 2019-03-20
Caption: TEACHERS' PENSION AND ANNUITY FUND v. CAROL ZIZNEWSKI
Status: Unpublished
Summary:
PER CURIAM Carol Ziznewski appeals from a May 16, 2018, final decision of the Board of Trustees of the Teachers' Pension and Annuity Fund (the Board) finding Ziznewski's partial forfeiture of salary and service, which we affirmed in Teachers' Pension and Annuity Fund v.

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Docket No.: a5229-17
Decided: 2019-03-20
Caption: STATE OF NEW JERSEY v. ANISHA LEVETT
Status: Unpublished
Summary:
PER CURIAM On leave granted, the State appeals from the April 20, 2018 Law Division order granting defendant Anisha Levett's 1 motion to suppress evidence obtained from the search of her cellphone. We affirm.

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Docket No.: a0064-17
Decided: 2019-03-19
Caption: STATE OF NEW JERSEY v. LAMAR P. WARREN
Status: Unpublished
Summary:
PER CURIAM Defendant Lamar P. Warren appeals from the denial of his petition for post-conviction relief (PCR), contending he established a prima facie case of ineffective assistance of counsel requiring an evidentiary hearing. Because Judge Billmeier was correct in determining the evidence insufficient to sustain defendant's burden, we affirm.

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Docket No.: a0391-17
Decided: 2019-03-19
Caption: STATE OF NEW JERSEY v. KEVIN O. NUGENT
Status: Unpublished
Summary:
PER CURIAM Defendant Kevin O. Nugent appeals from a Law Division order denying his petition for post-conviction relief (PCR) without an evidentiary hearing. Facing deportation due to his guilty plea to a drug offense, defendant alleged his trial counsel provided ineffective assistance by failing to advise him that his plea could result in his deportation. He thus contended that he should be allowed to withdraw his guilty plea due to such lack of advice.

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Docket No.: a0526-18
Decided: 2019-03-19
Caption: RAHEIM SMITH v. ST. JOSEPH'S HOSPITAL AND MEDICAL CENTER
Status: Unpublished
Summary:
PER CURIAM Plaintiffs Raheim and Michelle Smith were granted leave to appeal from an order denying the amendment of their medical malpractice complaint that would have added Kumar G. Sinha, M.D. and Leah Abucay, R.N. as additional defendants, and a subsequent order that denied their motion for reconsideration. We reverse the denial of the amendment because the discovery rule should have been applied.1 We also reverse the denial of reconsideration.

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Docket No.: a0783-17
Decided: 2019-03-19
Caption: STATE OF NEW JERSEY v. KENNETH JAMES
Status: Unpublished
Summary:
PER CURIAM Defendant Kenneth James appeals from the trial court's order denying his motion to suppress evidence – drugs and guns – seized from his home pursuant to a search warrant.

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Docket No.: a2451-17
Decided: 2019-03-19
Caption: CALEB LANG v. NEW JERSEY STATE PAROLE BOARD
Status: Unpublished
Summary:
PER CURIAM Caleb Lang, a State prison inmate, appeals from a December 20, 2017 final decision of the New Jersey State Parole Board (Board), denying his parole and establishing a twenty-month future eligibility term (FET). We affirm.

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Docket No.: a2854-17
Decided: 2019-03-19
Caption: LYNN D. WESLEY v. BOARD OF TRUSTEES OF THE PUBLIC EMPLOYEES RETIREMENT SYSTEM
Status: Unpublished
Summary:
PER CURIAM Lynn D. Wesley, a Family Services Specialist employed by the New Jersey Division of Youth and Family Services, 1 appeals from the final agency decision of the Board of Trustees (Board) of the Public Employees' Retirement System (PERS) denying her application for accidental disability retirement benefits. Because our standard of review requires deference to an agency's findings of fact, credibility determinations and expertise, we affirm.

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Docket No.: a3070-17
Decided: 2019-03-19
Caption: STATE OF NEW JERSEY v. NEIL RACITI
Status: Unpublished
Summary:
PER CURIAM The State appeals from a January 2, 2018 order denying its motion to compel the forfeiture of defendant's position as a sheriff's officer and to permanently bar him from holding any position in the State or in any of its administrative or political subdivisions, as well as from a March 5, 2018 1 order denying its motion for reconsideration of that order. Defendant cross appeals from a December 18, 2017 order denying his motion to vacate the verdict of criminal mischief. We affirm.

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Docket No.: a3499-17
Decided: 2019-03-19
Caption: SIAKA KROMAH v. KATELYN KAGAN
Status: Unpublished
Summary:
PER CURIAM Plaintiff Siaka Kromah filed a small claims complaint against defendants Katelyn Kagan and Usman Raheel, his former roommates, claiming defendants stole personal property from his room. Following a non-jury trial on March 22, 2018, the judge awarded plaintiff $13042, representing the jurisdictional amount claimed and $42 for court costs. Because plaintiff failed to prove damages, we reverse.

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Docket No.: a3639-17
Decided: 2019-03-19
Caption: M.R v. E.G., JR
Status: Unpublished
Summary:
PER CURIAM This appeal arises out of a dispute concerning child support. Defendant, the father, appeals from a Family Part order, dated March 6, 2018, which denied his motion to reduce his child support obligation and suspend enforcement of that obligation. Defendant certified that he was disabled, unable to work, and he submitted certain medical records supporting that position. Plaintiff, the mother, disputed defendant's claims and argued that defendant could work and should be compelled to seek work. Given that there were material disputed factual issues concerning defendant's disability and ability to work, we reverse and remand for a plenary hearing.

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Docket No.: a3956-17
Decided: 2019-03-19
Caption: NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.T.
Status: Unpublished
Summary:
PER CURIAM M.B.T (Max)1 appeals from an April 17, 2018 Family Part order terminating his parental rights to S.A.R.T. (Scott) and C.V.V.T. (Cara). 2 Max argues that the Division of Child Protection and Permanency (Division) did not prove all four prongs of the statutory "best interests of the child" test under N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. The Law Guardian 1 We use fictitious names for M.B.T., S.A.R.T., C.V.V.T., S.T., P.M., and D.B., to protect their privacy and for ease of reference.

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Docket No.: a4207-16
Decided: 2019-03-19
Caption: STATE OF NEW JERSEY v. CYNTHIA MYERS
Status: Unpublished
Summary:
PER CURIAM Defendant Cynthia Myers appeals from the February 26, 2016 order of the Law Division denying her second petition for post-conviction relief (PCR) without an evidentiary hearing. We affirm.

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Docket No.: a4623-16
Decided: 2019-03-19
Caption: J.L. v. B.L.
Status: Unpublished
Summary:
O'CONNOR, J.A.D. In this post-divorce judgment action, defendant B.L., appeals from a June 9, 2017 Family Part order compelling him to pay plaintiff J.L. $1203 per week for the financial maintenance of the parties' twenty-seven year old son, Brian.1 We remand for further proceedings.

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Docket No.: a5034-15
Decided: 2019-03-19
Caption: KING TRANSCRIPTION SERVICES, LLC v. PHOENIX TRANSCRIPTION, LLC
Status: Unpublished
Summary:
PER CURIAM This is an action by plaintiff, King Transcription Services, LLC (King), on a restrictive covenant.

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Docket No.: a0596-17
Decided: 2019-03-18
Caption: ROBERT TORRES v. BOARD OF TRUSTEES, STATE POLICE RETIREMENT SYSTEM
Status: Unpublished
Summary:
PER CURIAM Petitioner Robert Torres appeals from a final decision of respondent Board of Trustees (the Board) of the State Police Retirement System (SPRS), denying his application for accidental disability retirement benefits pursuant to N.J.S.A. 53:5A-10. We affirm.

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Docket No.: a0822-16
Decided: 2019-03-18
Caption: RICHARD DANZIS v. HIGHLAND LAKES COUNTRY CLUB AND COMMUNITY ASSOCIATION
Status: Unpublished
Summary:
PER CURIAM Plaintiffs Richard and Michele Danzis appeal from the Chancery Division's September 16, 2016, and September 19, 2017 orders granting defendant Highland Lakes Country Club and Community Association's motions to enforce prior court orders. We affirm.

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Docket No.: a1140-17
Decided: 2019-03-18
Caption: STATE OF NEW JERSEY v. WILLIAM ZAMOR
Status: Unpublished
Summary:
PER CURIAM Defendant William Zamor pled guilty to various offenses arising from his possession of controlled dangerous substances (CDS) and to two motor vehicle violations after he unsuccessfully challenged at a suppression hearing the seizure of evidence obtained from his motor vehicle. The sentencing judge imposed a five- year term in Drug Court1 and indicated that if defendant violated its conditions, he could be sentenced to an aggregate term of up to ten years. Defendant's driving privileges were suspended for two years and one day, and fines and penalties were imposed.

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Docket No.: a2207-16
Decided: 2019-03-18
Caption: RICHARD PARKER v. STEVEN PARKER
Status: Unpublished
Summary:
PER CURIAM This sprawling record on appeal and cross-appeal concerns disputes between two brothers relating to the two closely held businesses they jointly owned. We affirm the final judgment, for substantially the same reasons expressed in General Equity Judge Katherine R.

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Docket No.: a2770-17
Decided: 2019-03-18
Caption: SUREN GARRISON v. NEW JERSEY DEPARTMENT OF CORRECTIONS
Status: Unpublished
Summary:
PER CURIAM Suren Garrison, an inmate currently housed at Northern State Prison, appeals the Department of Corrections' (DOC) August 10, 2017 disposition upholding a disciplinary determination that Garrison was guilty of committing prohibited act $1.004, fighting with another person, in violation N.J.A.C. 10A:4- 4.1(a)(2)(i). After reviewing the record, we conclude the DOC decision was not arbitrary, capricious, or unreasonable, and we affirm.

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Docket No.: a3705-17
Decided: 2019-03-18
Caption: STATE OF NEW JERSEY v. LEE CLAX
Status: Unpublished
Summary:
PER CURIAM Defendant Lee Clax appeals from an April 17, 2018 judgment of conviction, focusing on a December 20, 2017 order denying his motion to suppress evidence. We affirm.

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Docket No.: a4348-17
Decided: 2019-03-18
Caption: ELOY A. ROLE v. RUCHI THAKER
Status: Unpublished
Summary:
PER CURIAM In this personal injury matter, plaintiff Eloy A. Role appeals from the April 27, 2018 Law Division order, which granted summary judgment to defendant Ruchi Thaker and dismissed the complaint with prejudice. We affirm.

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Docket No.: a4433-16
Decided: 2019-03-18
Caption: JACQUELINE TERHUNE and KREGG TERHUNE her husband v. COUNTY OF UNION
Status: Unpublished
Summary:
PER CURIAM In this personal injury action, plaintiff Jacqueline Terhune alleges she was injured when she fell on a sidewalk on defendant Emmett Brennan's residential property, which is located in defendant City of Linden (Linden) and in defendant Union County (county). Her husband, plaintiff Kregg Terhune, asserts a per quod claim. Plaintiffs appeal from two June 12, 2017 orders; one order granted summary judgment to Linden and the other to the county.1 After reviewing the record and applicable legal principles, we affirm.

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Docket No.: a4885-16
Decided: 2019-03-18
Caption: STATE OF NEW JERSEY v. TYIAN EDWARDS
Status: Unpublished
Summary:
PER CURIAM Tried before a jury on a four-count indictment, defendant Tyian Edwards was convicted of fourth-degree distribution of marijuana, N.J.S.A. 2C:35- 5(a)(1) and 2C:35-5(b)(12) (count one); third-degree distribution of marijuana within 1000 feet of a school property, N.J.S.A. 2C:35-5(a) and N.J.S.A. 2C:35- 7 (count two); fourth-degree possession with intent to distribute marijuana, N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(12) (count three); and third- degree possession with intent to distribute marijuana within 1000 feet of a school property, N.J.S.A. 2C:35-5(a) and N.J.S.A. 2C:35-7 (count four).

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Docket No.: a4918-16
Decided: 2019-03-18
Caption: KHALID MUJAHIDDEEN v. NEW JERSEY STATE PAROLE BOARD
Status: Unpublished
Summary:
PER CURIAM Appellant Khalid Mujahiddeen appeals from a May 31, 2017 final agency decision of the Parole Board imposing a 120-month future eligibility term (FET) after it had previously denied him parole. We affirm.

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Docket No.: a5170-16
Decided: 2019-03-18
Caption: PANTELIS DEMIRIS and MARA DEMIRIS v. BRANCH BANKING TRUST COMPANY
Status: Unpublished
Summary:
PER CURIAM Plaintiffs Pantelis Demiris and Mara Demiris appeal from the June 12, 2017 order of the Chancery Division granting summary judgment in favor of defendant Branch Banking $1 Trust Company (Branch). We affirm.

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Docket No.: a5465-16
Decided: 2019-03-18
Caption: SECURUS TECHNOLOGIES, INC v. PHIL MURPHY
Status: Unpublished
Summary:
PER CURIAM In 2016, the Legislature enacted the Rate Control Law (RCL), N.J.S.A. 30:4-8.11 to -8.14, which provides that State, county and private correctional facilities may only contract for inmate call services (ICS) with a "qualified vendor" that limits the rate charged to inmates to eleven cents per minute. N.J.S.A. 30:4-8.12(a).

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Docket No.: a0702-17
Decided: 2019-03-15
Caption: NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. K.W.
Status: Unpublished
Summary:
PER CURIAM Defendant K.W. (Kurt) 1 appeals from two fact-finding orders determining he abused and neglected his daughter, S.W. (Sasha). After reviewing the contentions in light of the record and applicable principles of law, we affirm.

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Docket No.: a1150-17
Decided: 2019-03-15
Caption: BELINDA MENDEZ-AZZOLLINI v. BOARD OF REVIEW DEPARTMENT OF LABOR
Status: Unpublished
Summary:
PER CURIAM Belinda Mendez-Azzollini appeals from the Board of Review's (Board) final administrative decision affirming the Appeal Tribunal's August 25, 2017 1 determination that she was disqualified for unemployment benefits because of her suspension and subsequent discharge from her position as a guidance counselor for the Irvington Board of Education for severe misconduct: changing a student's grade without a legitimate justification.

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Docket No.: a1154-17
Decided: 2019-03-15
Caption: BELINDA MENDEZ-AZZOLLINI v. BOARD OF REVIEW DEPARTMENT OF LABOR
Status: Unpublished
Summary:
PER CURIAM Belinda Mendez-Azzollini appeals from the Board of Review's (Board) final administrative decision affirming the Appeal Tribunal's August 14, 20171 determination.

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Docket No.: a1707-16
Decided: 2019-03-15
Caption: JOAQUIN RUIZ v. BRIAN P. STACK
Status: Unpublished
Summary:
PER CURIAM Plaintiffs Joaquin Ruiz, Mark Julve, Michael Figueroa, and Jorge Porres (collectively, plaintiffs) are current or former members of the City of Union City (City) Police Department.1 Each filed a complaint against Brian P. Stack, individually and as the Union City mayor and director of public safety; the City; and a non-profit corporation, Brian Stack Civic Association, Inc. (Association).

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Docket No.: a1722-16
Decided: 2019-03-15
Caption: STATE OF NEW JERSEY v. ANTWAN J. HORTON
Status: Unpublished
Summary:
PER CURIAM A jury convicted defendant Antwan Horton of second-degree reckless manslaughter, N.J.S.A. 2C:11-4(b)(1), and third-degree attempted aggravated assault, N.J.S.A. 2C:12-1(b)(1). The trial court sentenced defendant on the manslaughter conviction to an extended term of fourteen years in prison, subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, and a consecutive four years for the attempted aggravated assault conviction. Defendant appeals his convictions and sentences. For the reasons that follow, we affirm.

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Docket No.: a2726-16
Decided: 2019-03-15
Caption: JEFF CARTER v. FRANKLIN FIRE DISTRICT NO. 1
Status: Unpublished
Summary:
PER CURIAM These appeals, which we consolidated for purposes of issuing a single opinion, are from three final agency determinations by the Government Records Council (GRC) dated April 26, 2016 and January 31, 2017, and accompanying interim orders.

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Docket No.: a2852-16
Decided: 2019-03-15
Caption: STATE OF NEW JERSEY v. BRANDON G. DIXON
Status: Unpublished
Summary:
PER CURIAM Tried by a jury, defendant Brandon G. Dixon was convicted of first-degree felony murder, N.J.S.A. 2C:11-3(a)(3); first-degree armed robbery, N.J.S.A. 2C:15-1(a)(1) and (2); as well as second-degree desecration of human remains, N.J.S.A. 2C:22-1(a)(1). He was acquitted of third-degree arson, N.J.S.A. 2C:17- 1(b)(5). On June 22, 2016, the judge sentenced him to an extended term as a repeat violent offender, pursuant to N.J.S.A. 2C:43-7.1(b), to a term of life imprisonment subject to the No Early Release Act, N.J.S.A. 2C:43-7.2, on the first-degree felony murder and robbery, to be served concurrent to a seven-year term of imprisonment on the desecration of human remains offense. We now affirm.

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Docket No.: a3836-16
Decided: 2019-03-15
Caption: BRENDA CIPRIANI v. THE VALLEY HOSPITAL, INC
Status: Unpublished
Summary:
GOODEN BROWN, J.A.D. In this medical malpractice case, plaintiff Brenda Cipriani appeals from an adverse judgment entered on April 7, 2017, after a jury rendered a verdict of no cause of action in favor of defendants Robert A. Kayal, M.D., her orthopedic surgeon, and his practice, Kayal Orthopaedic Center, PC (Center), a comprehensive orthopedic center dealing with muscular skeletal conditions (collectively, defendants). We affirm.

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Docket No.: a3864-17
Decided: 2019-03-15
Caption: STATE OF NEW JERSEY IN THE INTEREST OF E.J. a Juvenile
Status: Unpublished
Summary:
PER CURIAM By leave granted, the State appeals from the Law Division's March 28, 2018 order granting E.J.'s motion to suppress evidence found in a house after an occupant of the home asked the police to perform a welfare check to make sure the other occupants were safe. Having considered the State's arguments in light of the record and applicable principles of law, we reverse.

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Docket No.: a4812-16
Decided: 2019-03-15
Caption: ESTHER LENA DICKINSON v. PAUL MOSCATELLO
Status: Unpublished
Summary:
PER CURIAM On July 12, 2017, plaintiff, Esther Lena Dickinson (Lena), filed a notice of appeal from a June 23, 2017 order denying her motion for reconsideration and awarding attorney's fees to defendant, Paul Moscatello (Paul), due to plaintiff's frivolous litigation. We affirm.

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Docket No.: a0004-17
Decided: 2019-03-14
Caption: T.S. v. TOWNSHIP OF IRVINGTON and ANTHONY VAUSS
Status: Unpublished
Summary:
PER CURIAM In this employment discrimination action, plaintiff T.S. appeals from a judgment of no cause of action following a jury verdict in favor of defendants Township of Irvington and Anthony Vauss. Plaintiff also appeals from the denial of her motion to dismiss defendant's 2 defamation counterclaim at the conclusion of his case. We affirm.

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Docket No.: a0277-18
Decided: 2019-03-14
Caption: BOROUGH OF RED BANK v. RMC-MERIDIAN HEALTH
Status: Unpublished
Summary:
PER CURIAM In these consolidated tax appeals, the Borough of Red Bank challenges July 26, 2018 orders granting RMC-Meridian Health (Meridian) summary judgment dismissal of the Borough's complaints. Those complaints sought to impose a tax assessment against a hospital operated by Meridian for 2014 and 2015. Meridian had been exempt from taxation by the tax assessor pursuant to a payment in lieu of taxes agreement. On appeal, the Borough raises the following arguments: 1) the Borough had independent authority to tax Meridian and was not bound by the tax assessor's ability to impose omitted assessments; 2) Meridian could be taxed since it was no longer operating the hospital as intended by the statute, entitling it to the tax exemption, because it had experienced a change in use, and the tax court erred by entering summary judgment without permitting the Borough discovery on the change in use; 3) the tax court ignored AHS Hosp. Corp. v. Morristown, 28 N.J. Tax 456 (Tax 2015), which permits taxation on omitted assessments; and 4) the tax court's error was a mistake of law and subject to our de novo review. Having reviewed the Borough's arguments and considered the record, we affirm for the reasons expressed in the thorough and well-reasoned opinion of A-0277-18T2 2 Judge Mala Sundar in Borough of Red Bank v.

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Docket No.: a0407-16
Decided: 2019-03-14
Caption: STATE OF NEW JERSEY v. RICHARD S. RANDAZZO
Status: Unpublished
Summary:
PER CURIAM A grand jury indicted and charged defendant with committing first-degree murder, N.J.S.A. 2C:11-3(a)(1) and (2) (Count One); two counts of second- degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a) (Counts Two and Four); and third-degree aggravated assault, N.J.S.A. 2C:12-1(b)(7) (Count Three). On Count One, the jury found him guilty of second-degree reckless manslaughter, N.J.S.A. 2C:11-4(b)(1). They found him guilty on Counts Two and Four (for offenses committed on different dates), and acquitted him on Count Three. We affirm.

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Docket No.: a0560-17
Decided: 2019-03-14
Caption: T.M. v. R.M.
Status: Unpublished
Summary:
PER CURIAM Plaintiff, T.M. appeals from an August 18, 2017 Family Part order dismissing her temporary restraining order (TRO) against defendant, R.M. According to the complaints outlined by plaintiff in her TRO from the Weehawken Municipal Court, when plaintiff went to retrieve artwork from defendant's home, the parties began arguing because plaintiff was upset defendant's new girlfriend was sending plaintiff direct messages on social media and harassing her. According to plaintiff she raised her hand to hit defendant and missed; defendant swung back and struck plaintiff. Both parties were arrested.

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Docket No.: a3157-15
Decided: 2019-03-14
Caption: A.K. v. D.G.
Status: Unpublished
Summary:
PER CURIAM In this post-judgment matrimonial matter, defendant D.G. appeals from the following Family Part orders: (1) the April 2, 2016 order directing him to pay $168,928 to plaintiff A.K. as additional child support for the years 2010, 2011, and 2012, and $3,593.75 as reimbursement for extracurricular activities; (2) the September 25, 2015 order denying his motion for reconsideration; (3) the February 16, 2016 order awarding plaintiff $15,000 for counsel fees; and (4) the March 10, 2016 order entering judgment against him in the amount of $106,133.15.2 We affirm all orders.

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Docket No.: a3697-17
Decided: 2019-03-14
Caption: AARON KOSTIHA v. CHAYA GREENSPAN
Status: Unpublished
Summary:
PER CURIAM Plaintiff appeals from orders entered by the Family Part on January 19, 2018, and February 13, 2018, which required defendant to appear before the Beis Din of America (Beis Din) and comply with its procedures for providing defendant a Jewish divorce known as a "get." Plaintiff also appeals from an order dated March 21, 2018, which awarded defendant attorney's fees and costs. For the reasons that follow, we dismiss the appeal from the January 19, 2018 and February 13, 2018 orders, and reverse the order of March 21, 2018.

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Docket No.: a4443-16
Decided: 2019-03-14
Caption: STATE OF NEW JERSEY v. ANTHONY ROSS
Status: Unpublished
Summary:
PER CURIAM Defendant Anthony Ross appeals his convictions for third-degree possession of heroin, N.J.S.A. 2C:35-10(a)(1), and third-degree possession of heroin with intent to distribute, N.J.S.A. 2C:35-5(b)(3), and the sentence imposed on the latter conviction following the court's merger of the offenses. More particularly, he contends the court erred by denying his motion to suppress evidence, allowing police testimony concerning reports of drug activity made by concerned citizens, providing improper jury instructions and failing to properly consider and find aggravating and mitigating factors at sentencing.

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Docket No.: a4629-17
Decided: 2019-03-14
Caption: M.H.-S. v. S.S.
Status: Unpublished
Summary:
PER CURIAM This appeal arises out of a post-divorce dispute concerning custody and child support. Plaintiff, the mother, appeals from a June 1, 2018 order, which provided that (1) the parties would continue to share joint legal custody of their son, who was almost seventeen years old when the order was entered; (2) defendant, the father, was designated the parent of primary residential custody; (3) plaintiff would enjoy parenting time as arranged by her and her son; (4) defendant's child support obligations were terminated effective April 17, 2018, and plaintiff was to reimburse defendant for any overpayment; and (5) defendant was responsible for certain expenses of the son. While not set forth in the order, in an accompanying written opinion, the Family Part judge also denied both parties' requests for attorneys' fees. Discerning no abuse of discretion, we affirm.

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Docket No.: a4687-16
Decided: 2019-03-14
Caption: KIMBERLY ROBINSON v. ARMANDO ONORATI
Status: Unpublished
Summary:
PER CURIAM In this post-judgment matrimonial matter, defendant (ex-husband) appeals from the May 26, 2017 Family Part order, emancipating the parties' son , born January 1995; recalculating child support and ordering college contributions for the parties' unemancipated daughter, born October 1999; and denying him counsel fees. Defendant argues the motion judge erred in emancipating their son at the end of his first college semester, rather than when he graduated from high school; finding his request to compel production of their son's college transcripts moot; recalculating child support based upon an erroneous emancipation date and plaintiff's (ex-wife) underemployed income; ordering college contributions for their daughter without considering the factors enumerated in Newburgh v. Arrigo, 88 N.J. 529 (1982); and failing to analyze the requisite factors in denying him counsel fees. For the reasons that follow, we affirm in part, reverse in part, and remand for further proceedings.

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Docket No.: a4885-17
Decided: 2019-03-14
Caption: WALL TOWNSHIP EDUCATION ASSOCIATION v. BOARD OF EDUCATION OF THE WALL
Status: Unpublished
Summary:
PER CURIAM This appeal from a final agency decision by the Commissioner of Education (the Commissioner) concerns whether the Wall Township Board of Education (the Board) and Superintendent Cheryl Dyer (collectively respondents) may mutually agree to "rescind" her employment contract prior to its expiration date and enter into a new contract without triggering the public notice and public hearing requirements of N.J.S.A. 18A:11-11.

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Docket No.: a4978-16
Decided: 2019-03-14
Caption: JOSE LUIS ROSARIO v. LILLIAN ROSARIO
Status: Unpublished
Summary:
PER CURIAM Defendant Lillian Rosario appeals from the Family Part judge's June 14, 2017 order that denied her motion to reconsider a March 21, 2017 order and granted plaintiff Jose Luis Rosario's cross-motion providing the following relief: finding her in contempt for violating the final judgment of divorce and the March 21, 2017 order; directing that she pay $194,535.04 to plaintiff, and entering judgment against her in that amount in favor of plaintiff, to cover the balance due pursuant to the March 2017 order that required defendant to reimburse plaintiff $193,117.07; appointing plaintiff the attorney-in-fact for the sale of properties in Connecticut; and awarding plaintiff counsel fees.

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Docket No.: a5586-16
Decided: 2019-03-14
Caption: MITCHELL WILLIAMS v. THE MLB NETWORK, INC
Status: Unpublished
Summary:
PER CURIAM Plaintiff Mitchell Williams is a former major league baseball pitcher. Several years after retiring from his professional career, Williams began working as a broadcaster and sports commentator for defendant, Major League Baseball Network ("the Network").

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Docket No.: a5592-16
Decided: 2019-03-14
Caption: STATE OF NEW JERSEY v. GLENROY A. DEER
Status: Unpublished
Summary:
PER CURIAM Defendant Glenroy A. Deer appeals from the trial court's July 12, 2017 order denying his second petition for post-conviction relief (PCR) from his 1987 and 1989 convictions. We affirm.

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Docket No.: a5948-17
Decided: 2019-03-14
Caption: J.B. v. V.H.C
Status: Unpublished
Summary:
PER CURIAM This post-judgment matrimonial matter returns to us after remand proceedings directed by our previous opinion.

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Docket No.: a0519-17
Decided: 2019-03-13
Caption: STATE OF NEW JERSEY v. GUALBERTO SOTO
Status: Unpublished
Summary:
PER CURIAM After the trial court denied his motions for discovery and a Franks1 hearing, defendant Gualberto Soto pleaded guilty to third-degree possession of heroin and cocaine with the intent to distribute in a school zone, N.J.S.A. 2C:35- 7(a), and second-degree certain person not to possess a firearm, N.J.S.A. 2C:39- 7(b)(1). Consistent with the plea agreement, the court sentenced defendant to a mandatory extended term of five years with a fifty-four month parole disqualifier on the former offense, and a concurrent five-year term with a five- year parole disqualifier on the latter.

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Docket No.: a0920-17
Decided: 2019-03-13
Caption: MARINA DISTRICT DEVELOPMENT CO., LLC v. MICHAEL TSEYTIN
Status: Unpublished
Summary:
PER CURIAM Plaintiff Marina District Development Co., LLC t/a Borgata appeals from the trial court's order denying plaintiff's motion for reconsideration of an order denying its motion to hold defendant in contempt for failing to appear for a court-ordered supplementary proceedings deposition, R. 4:59-1(f), following the entry of a $1202,332.60 judgment, plus costs, against defendant. Plaintiff argues the trial court erred by requiring that plaintiff first file an order to show cause to commence contempt proceedings.

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Docket No.: a1090-17
Decided: 2019-03-13
Caption: U.S. BANK TRUST, N.A. v. KARL MARK FOLTZER
Status: Unpublished
Summary:
PER CURIAM In this residential foreclosure action, defendant Karl Mark Foltzer appeals from several Chancery Division orders, specifically a September 16, 2015 order, striking defendant's answer and granting plaintiff's predecessor summary judgment; a March 15, 2016 order, denying defendant's motion to fix the amount due; an August 19, 2016 order, deeming plaintiff's predecessor's evidence of indebtedness sufficient under Rule 4:64-2; a September 16, 2016 order, denying defendant's motion to dismiss the foreclosure complaint; an August 29, 2017 order, entering final judgment of foreclosure; and a September 29, 2017 order, denying defendant's motion to fix the amount due at zero dollars.1 We affirm.

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Docket No.: a2037-17
Decided: 2019-03-13
Caption: NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. F.S.
Status: Unpublished
Summary:
PER CURIAM Defendant, R.G. (father) appeals from a December 19, 2017 order of guardianship terminating his parental rights to his three children: A.R.G., Jr. (Adam), L.M.G. (Lindsey), and Z.J.G. (Zahir).1 We affirm substantially for the reasons set forth in Judge James R.

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Docket No.: a3481-17
Decided: 2019-03-13
Caption: THE ORCHARDS AT BARTLEY ASSISTED LIVING v. PATRICIA SCHLECK
Status: Unpublished
Summary:
PER CURIAM Plaintiff The Orchards at Bartley Assisted Living ("Orchards") appeals from the Law Division's December 6, 2017 order dismissing its complaint against defendant William Schleck with prejudice for failure to state a claim upon which relief may be granted. R. 4:6-2(e). For the reasons that follow, we affirm in part and reverse and remand in part.

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Docket No.: a3625-16
Decided: 2019-03-13
Caption: STATE OF NEW JERSEY v. CHARLES W. RICHARDS
Status: Unpublished
Summary:
PER CURIAM Defendant Charles W. Richards appeals from a September 13, 2016 judgment of conviction following a guilty plea to one count of manufacturing, distributing or dispensing a controlled dangerous substance (CDS), N.J.S.A. 2C:35-5(a)(1), (b)(3); and one count of certain persons not to have weapons, N.J.S.A. 2C:39-7(b). We affirm.

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Docket No.: a4144-16
Decided: 2019-03-13
Caption: STATE OF NEW JERSEY v. MARCUS L. REDDICK
Status: Unpublished
Summary:
PER CURIAM Defendant was arrested at a motor vehicle stop for a controlled dangerous substance (CDS) offense. As a result of a search of his person by three police officers, defendant filed complaints against the three officers (and, mistakenly, a fourth) for sexual assault; those charges were later dismissed and the State, in turn, charged defendant with four counts of fourth-degree false swearing, N.J.S.A. 2C:28-2(a). At the conclusion of a bench trial, defendant was acquitted of one and convicted of three counts of false swearing; he later pleaded guilty to third-degree possession of a controlled dangerous substance (CDS) with the intent to distribute, N.J.S.A. 2C:35-5(b)(3). At sentencing, the judge directed that two of the three false-swearing convictions run consecutively to each other and consecutively to the sentence imposed on the CDS conviction.

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Docket No.: a4216-15
Decided: 2019-03-13
Caption: STATE OF NEW JERSEY v. LAGRONE LADSON
Status: Unpublished
Summary:
FUENTES, P.J.A.D. Defendant Lagrone Ladson appeals from the order of the Law Division, Criminal Part denying his post-conviction relief (PCR) petition. We affirm.

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Docket No.: a4232-16
Decided: 2019-03-13
Caption: STATE-OPERATED SCHOOL DISTRICT OF THE CITY OF NEWARK v. JOEL DAWKINS
Status: Unpublished
Summary:
PER CURIAM Defendant Joel Dawkins, a teacher formerly employed by plaintiff State- Operated School District of the City of Newark 1 (plaintiff or District), appeals from the May 16, 2017 Chancery Division order in which the court reversed the arbitration award in favor of defendant after finding the award was procured by "undue means." In light of the limited judicial review accorded an arbitrator's decision, we disagree that the record supported the finding of undue means. We therefore reverse and reinstate the arbitration award.

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Docket No.: a4448-17
Decided: 2019-03-13
Caption: DENNIS SANSEVERINO v. BOARD OF REVIEW
Status: Unpublished
Summary:
PER CURIAM Appellant Dennis Sanseverino appeals from a May 1, 2018 decision by the Board of Review, Department of Labor (Board), denying him unemployment benefits for voluntarily leaving his employment without good cause. We affirm.

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Docket No.: a0295-17
Decided: 2019-03-12
Caption: THAHABIEH KHATER v. ETIDAL ISSA
Status: Unpublished
Summary:
PER CURIAM Plaintiffs Mohamoud Khater, Hatem Khater, Thahabieh Khater, and Mohammed Aburomi appeal from a December 20, 2016 order, dismissing their claim under the Uniform Fraudulent Transfer Act, N.J.S.A. 25:2-20 to 34, against defendant Etidal Issa at the close of plaintiffs' presentation of evidence at trial. See R. 4:37-2(b); R. 4:40-1.

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Docket No.: a0383-17
Decided: 2019-03-12
Caption: ROBERT F. EDWARDS v. THE HOUSING AUTHORITY OF PLAINFIELD and RANDALL WOOD
Status: Unpublished
Summary:
PER CURIAM Plaintiff Robert F. Edwards appeals from the August 18, 2017 Law Division order, which denied his motion for summary judgment and dismissed his complaint with prejudice pursuant to Rule 4:23-5(a)(2). We affirm.

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Docket No.: a0460-16
Decided: 2019-03-12
Caption: STATE OF NEW JERSEY v. SPENCER S. YOUNG
Status: Unpublished
Summary:
PER CURIAM These two appeals, calendared back-to-back and consolidated for purposes of our opinion, arise out of a single indictment charging defendants Jahmir K. Bouie and Spencer S. Young with second-degree robbery, N.J.S.A. 2C:15-1 (count one); first-degree felony murder, N.J.S.A. 2C:11-3(a)(3) (count two); and first-degree purposeful or knowing murder, N.J.S.A. 2C:11-3(a)(1) or (2) (count three). The charges ensued from the beating death of Tommy Sudano, following an apparent drug deal around midnight on July 26, 2013, in Asbury Park.

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Docket No.: a0896-15
Decided: 2019-03-12
Caption: ALAN VINEGRAD v. DOUGLAS MILLER
Status: Unpublished
Summary:
PER CURIAM These two appeals arise out of challenges to zoning variances granted to defendants by the Township of Millburn Zoning Board of Adjustment (Board) to allow defendants to build a residential home on an undersized, vacant piece of property. Plaintiff Alan Vinegrad, a neighbor, appeals from the Law Division's two final orders and judgments rejecting his challenges to the Board's approvals issued in resolutions dated July 7, 2014, and October 24, 2016. We affirm.

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Docket No.: a1549-17
Decided: 2019-03-12
Caption: STATE OF NEW JERSEY v. KENNETH BAYNE
Status: Unpublished
Summary:
PER CURIAM Defendant Kenneth Bayne appeals the denial of his petition for post- conviction relief (PCR) without an evidentiary hearing. For reasons that follow, we affirm.

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Docket No.: a1718-17
Decided: 2019-03-12
Caption: ERIC INSELBERG v. FRANK BISIGNANO
Status: Unpublished
Summary:
PER CURIAM Defendant Frank Bisignano loaned money to plaintiff Inselberg Interactive, LLC (Interactive) with plaintiff Eric Inselberg (Inselberg) as guarantor of the loan. The parties memorialized the terms of the loan in an agreement. As collateral, defendant took a security interest in certain patents Inselberg owned. After plaintiffs defaulted on the loan, the parties executed an assignment agreement, in which plaintiffs assigned the patents to defendant "in partial payment and satisfaction of the indebtedness." In this appeal, we are asked to determine whether the assignment agreement was a valid strict partial foreclosure.

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Docket No.: a3366-16
Decided: 2019-03-12
Caption: STATE OF NEW JERSEY v. JOSEPH SMITH
Status: Unpublished
Summary:
FUENTES, P.J.A.D. An Essex County Grand Jury indicted defendant Joseph Smith, charging him with second degree unlawful possession of a handgun while in the course of committing or attempting to commit a drug-related offense, N.J.S.A. 2C:39- 4.1(a); second degree unlawful possession of a loaded handgun, N.J.S.A. 2C:39- 5(b); fourth degree unlawful possession of armor piercing ammunition, N.J.S.A.

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Docket No.: a3368-16
Decided: 2019-03-12
Caption: NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.J.
Status: Unpublished
Summary:
O'CONNOR, J.A.D. In this Title 9 matter, defendant L.M. (father) appeals from the January 8, 2014 Family Part order that was entered at the conclusion of a fact-finding hearing. The order states the father abused or neglected his two children, N.S.M. (Nate) and N.N.M. (Natalie). 1 For the reasons that follow, we affirm.

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Docket No.: a3486-17
Decided: 2019-03-12
Caption: L.G. v. T.G.
Status: Unpublished
Summary:
PER CURIAM Following a two-day final hearing addressing both parties' complaints under the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35 – and during which the parties were engaged in contentious divorce litigation – the trial judge rendered a thorough oral decision concluding that plaintiff, L.G.,1, was entitled to, and in need of, a final restraining order (FRO) against her husband T.G.

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Docket No.: a3649-17
Decided: 2019-03-12
Caption: WILLIAM SCHOLDER v. BOARD OF ADJUSTMENT OF THE TOWNSHIP OF ROCKAWAY
Status: Unpublished
Summary:
PER CURIAM Plaintiff William Scholder appeals from a March 9, 2018 order affirming a decision by defendant Board of Adjustment of the Township of Rockaway (Board), granting an application submitted by defendant J.

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Docket No.: a5351-16
Decided: 2019-03-12
Caption: STATE OF NEW JERSEY v. LONNIE HILL, JR
Status: Unpublished
Summary:
PER CURIAM Defendant Lonnie Hill, Jr. appeals from the Law Division's order entered after a de novo trial on the record. The Law Division judge found defendant guilty of refusing to submit to a breath test in violation of N.J.S.A. 39:4-50.4a. After reviewing the contentions in light of the record and the applicable legal principles, we affirm.

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Docket No.: a0256-17
Decided: 2019-03-11
Caption: HSBC BANK USA, NA v. DORIS ODOEMENE
Status: Unpublished
Summary:
PER CURIAM Defendants Doris Odoemene and Emmanuel Odoemene appeal from several orders of the Chancery Division, including an August 1, 2017 final judgment of foreclosure. We affirm.

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Docket No.: a0541-17
Decided: 2019-03-11
Caption: STATE OF NEW JERSEY v. MICHELET GLAUDE
Status: Unpublished
Summary:
PER CURIAM Defendant Michelet Glaude appeals from a December 9, 2016 order denying his petition for post-conviction relief (PCR).

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Docket No.: a0814-17
Decided: 2019-03-11
Caption: REMOTE RISK MANAGEMENT LLC v. LOGRASSO BUILDERS
Status: Unpublished
Summary:
PER CURIAM Defendant LoGrasso Builders (LoGrasso) appeals from a $12836 Special Civil Part judgment in favor of plaintiff, Remote Risk Management, LLC (Remote), for its installation of cabling at a home LoGrasso constructed for defendant Ronald Ramcharra. 1 We affirm.

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Docket No.: a0909-17
Decided: 2019-03-11
Caption: AMELIA MANYA EMILY ORT v. ABRAHAM ORT
Status: Unpublished
Summary:
PER CURIAM Defendant Abraham Ort appeals from a September 15, 2017 order denying his motion seeking relief with regard to past-due support for his now- emancipated children. The parties were married in 1977, had thirteen children and divorced in 2003, agreeing to binding arbitration with regard to all financial divorce issues. Defendant relocated without the children to Israel in 2007, after the final arbitration decision was entered as a judgment.1 A child-support bench warrant2 has been outstanding since 2008.

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Docket No.: a1013-17
Decided: 2019-03-11
Caption: IN THE MATTER OF THE APPEAL FOR THE DENIAL OF A PERMIT TO PURCHASE A HANDGUN OF D.A.
Status: Unpublished
Summary:
PER CURIAM Appellant D.A. appeals from the September 22, 2017 Law Division order upholding a municipal police chief's denial of his application for a New Jersey Firearms Purchaser Identification Card (FPIC) and a handgun purchase permit. We affirm.

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Docket No.: a1847-15
Decided: 2019-03-11
Caption: STATE OF NEW JERSEY v. RONALD T. DANIELS, JR
Status: Unpublished
Summary:
OSTRER, J.A.D. Before obtaining an order authorizing electronic surveillance, the applicant must show, and the court must find probable cause to believe, that "normal investigative procedures . . . have been tried and have failed or reasonably appear to be unlikely to succeed if tried or to be too dangerous to employ." N.J.S.A. 2A:156A-9(c)(6) (application for order); N.J.S.A. 2A:156A- 10(c) (grounds for entering order).

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Docket No.: a1880-17
Decided: 2019-03-11
Caption: S.S v. CHERRY HILL PUBLIC SCHOOLS
Status: Unpublished
Summary:
PER CURIAM Complainant S.S.1 appeals the finding by the New Jersey Division on Civil Rights (DCR) that there was no probable cause justifying her complaint that respondent Cherry Hill Public Schools discriminated against her based on her physical disabilities by denying her a reasonable accommodation. We agree that DCR's finding was not arbitrary, capricious or unreasonable and was supported by substantial credible evidence in the record.

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Docket No.: a2084-17
Decided: 2019-03-11
Caption: NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.A.
Status: Unpublished
Summary:
PER CURIAM Defendant A.A. (Arlene) appeals from a Family Part order finding she abused and neglected four of her grandchildren with whom she lived: Kim, Kathy, Caitlin and Amber, born in 1999, 2001, 2011 and 2012, respectively. 1 After a fact-finding hearing, N.J.S.A. 9:6-8.44, the Family Part judge entered the order that provided the facts he found established abuse and neglect:

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Docket No.: a2245-17
Decided: 2019-03-11
Caption: MARCUS TAYLOR v. THE RICHARD STOCKTON COLLEGE OF NEW JERSEY
Status: Unpublished
Summary:
PER CURIAM Plaintiff Marcus Taylor appeals from the Law Division's December 8, 2017 order denying his motion to vacate the court's October 19, 2016 order granting summary judgment in favor of defendant The Richard Stockton College of New Jersey (Stockton), and dismissing his complaint alleging a failure to accommodate his alleged disability, and improper retaliation in violation of the Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49. We affirm.

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Docket No.: a2327-17
Decided: 2019-03-11
Caption: NEWARK HOUSING AUTHORITY v. TONI MURPHY
Status: Unpublished
Summary:
PER CURIAM In this landlord-tenancy case, defendant appeals from a December 18, 2017 judgment of possession (JOP) in favor of Newark Housing Authority (NHA). Judge Bridget A. Stecher conducted the trial, issued an oral opinion, and then, in February 2018, provided an amplification of reasons. After we denied defendant's motion for a stay, NHA re-leased the apartment to another tenant. We affirm.

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Docket No.: a2503-17
Decided: 2019-03-11
Caption: ALLEN M. ROSE v. RICHARD LASASSO
Status: Unpublished
Summary:
PER CURIAM Plaintiff Allen M. Rose appeals from orders granting summary judgment dismissing his personal injury negligence claims against defendants Richard Lasasso, Sharon Lasasso, Emily Lasasso and the Estate of Keith E. Amos, and awarding a sanction against plaintiff's counsel pursuant to Rule 1:4-8. Based on our review of the record in light of the applicable law, we find plaintiff's arguments are devoid of merit, and affirm.

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Docket No.: a2950-16
Decided: 2019-03-11
Caption: STATE OF NEW JERSEY v. FENTON J. CARSTARPHEN
Status: Unpublished
Summary:
PER CURIAM After being found guilty by a jury, defendant appeals from his convictions for second-degree burglary, N.J.S.A. 2C:18-2 (Count One); first-degree attempted murder, N.J.S.A. 2C:5-1 and N.J.S.A. 2C:11-3 (Count Two); second- degree aggravated assault, N.J.S.A. 2C:12-1(b)(1) (Count Three); third-degree aggravated assault, N.J.S.A. 2C:12-1(b)(2) (Count Four); third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(d) (Count Five); and fourth-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(d) (Count Six). We affirm.

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Docket No.: a3058-17
Decided: 2019-03-11
Caption: PACIFIC UNION FINANCIAL, LLC v. DOUGLAS CARTER
Status: Unpublished
Summary:
PER CURIAM In this residential mortgage foreclosure matter, defendant Douglas Carter appeals from the February 16, 2018 Chancery Division order denying his motion to vacate a final default judgment of foreclosure entered against him on April 5, 2017. We affirm substantially for the reasons expressed by Judge Francis R.

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Docket No.: a3442-16
Decided: 2019-03-11
Caption: STATE OF NEW JERSEY v. DENNIS W. POZNIAK
Status: Unpublished
Summary:
PER CURIAM At 9:06 a.m. on January 31, 2015, Burlington County Central Communications received a 9-1-1 call from B.W. 1 B.W. shared a home with her father, sister, and her sister's boyfriend, defendant Dennis W. Pozniak. B.W. reported her sister was bleeding and in a lifeless condition on the living room couch, and her father's lifeless and bloody body was on the bed in his room. B.W. did not know if defendant was still in the house. Police arrived and, after confirming B.W.'s sister and father were deceased, proceeded upstairs and found defendant in a locked bedroom, lying in bed with covers drawn.

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Docket No.: a4118-16
Decided: 2019-03-11
Caption: MICHAEL S. BARTH v. BERNARDS TOWNSHIP
Status: Unpublished
Summary:
PER CURIAM Plaintiff was once the beneficiary of a farmland tax assessment because the property taxing authority believed he harvested maple syrup on his Bernards Township property. In 2014, that assessment was revoked and rollback taxes 1 were imposed, eventually leading to plaintiff's appeal to the Tax Court, which ultimately rejected plaintiff's position because he refused to permit an inspection of his property. After careful review of the record and the parties' arguments, we affirm the dismissal of his tax court action.

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Docket No.: a4251-16
Decided: 2019-03-11
Caption: STATE OF NEW JERSEY v. ERNEST M. PIERCE, III
Status: Unpublished
Summary:
PER CURIAM A jury convicted defendant Ernest M. Pierce, III, of second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1); third-degree aggravated assault, N.J.S.A. 2C:12-1(b)(2); two counts of third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(d); and first-degree carjacking, N.J.S.A. 2C:15-2.

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Docket No.: a4829-17
Decided: 2019-03-11
Caption: STATE OF NEW JERSEY v. HERSHEL M. BOXTON
Status: Unpublished
Summary:
PER CURIAM Defendant appeals from an order of the Law Division dated May 11, 2018, which denied defendant's motion to correct what he claims is an illegal sentence. We affirm the denial of defendant's motion, but remand the matter to the trial court for entry of an amended judgment of conviction (JOC).

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Docket No.: a5367-16
Decided: 2019-03-11
Caption: STATE OF NEW JERSEY v. LEMONT O. LOVE
Status: Unpublished
Summary:
PER CURIAM Defendant Lemont Love appeals from a May 31, 2017 Law Division order denying his petition for post-conviction relief (PCR). We affirm.

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Docket No.: a5501-16
Decided: 2019-03-11
Caption: STATE OF NEW JERSEY v. ALONZO L. BRYANT
Status: Unpublished
Summary:
PER CURIAM Defendant Alonzo L. Bryant appeals from a July 20, 2017 order1 which denied his motion to correct an allegedly illegal sentence. We vacate the July 20, 2017 order and remand for further proceedings consistent with this opinion.

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Tax Court Cases

Docket No.: 11562-18
Decided: 2019-03-15
Caption: J.D. GOLUB v. TOWNSHIP OF GALLOWAY
Summary:
CIMINO, J.T.C. I. INTRODUCTION The taxpayers seek to dismiss the Township’s counterclaims on the basis that the Township did not file cross-petitions with the County Board of Taxation. For -1- the reasons set forth herein, the court determines that a counterclaim is not necessary in a non-revaluation year for a municipality to pursue such claim. However, actually having a counterclaim has procedural consequences and there is not any requirement for a cross-petition to be pursued below to allow a counterclaim in the Tax Court. Finally, the Township here has sufficiently demonstrated the counterclaims were brought in good faith to avoid dismissal.

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Docket No.: 013622-17
Decided: 2019-03-12
Caption: Polk Street Partners, LLC v. Town of Guttenberg
Summary:
This letter constitutes the Court’s findings of fact and conclusions of law regarding Polk Street Partners, LLC’s motions for summary judgment seeking to invalidate the Town of Guttenberg’s omitted added assessment for tax year 2016 and omitted assessment for tax year 2017. For the reasons stated more fully below, Polk Street Partners, LLC’s motions are denied.

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