Recent Decisions of the New Jersey Appellate Courts
from 2023-03-11
to 2023-03-25
Docket No.: a-49-21
Decided: 2023-03-16
Caption: State v. Joseph S. Macchia
Summary:
WAINER APTER, J., writing for a unanimous Court.
In this appeal, the Court considers whether a unanimous verdict rejecting self-
defense was sufficient to sustain defendant Joseph Macchia's conviction for reckless
manslaughter, or whether the jury was also required to unanimously agree as to why
it rejected Macchia's claim of self-defense.
Docket No.: a-47-21
Decided: 2023-03-15
Caption: Hansen v. Rite Aid Corp.
Summary:
PATTERSON, J., writing for a unanimous Court.
In the context of legal fee awards, a “lodestar” is the number of hours
reasonably expended multiplied by the reasonable hourly rate. In this appeal, the
Court considers the trial court's reduction of the lodestar calculation proposed by
plaintiff Harold Hansen in seeking attorney's fees and costs after prevailing against
his former employer, defendant Rite Aid Corp., on a claim for discrimination based
on sexual orientation contrary to the Law Against Discrimination (LAD). The Court
also considers the trial court's denial of legal fees incurred on appeal under Rule
2:11-4 and its assessment of the contingency enhancement of the lodestar at 20%.
Docket No.: a-45-21
Decided: 2023-03-13
Caption: Kevin Malanga v. Township of West Orange
Summary:
RABNER, C.J., writing for a unanimous Court. In this appeal, the Court considers whether the Township of West Orange improperly designated the site of the West Orange Public Library as an area in need of redevelopment under the Local Redevelopment and Housing Law (LRHL).
Docket No.: a0269-22
Decided: 2023-03-16
Caption: NORMA DAVIS v. DISABILITY RIGHTS NEW
JERSEY
Status: Published
Summary:
SUMNERS, JR., P.J.A.D. In these appeals, calendared back-to-back and consolidated to issue a single opinion, we granted plaintiff Norma Davis leave to challenge two separate Law Division discovery orders arising from her lawsuit alleging that defendants Disability Rights New Jersey, Gwen Orlowski, and Ellen Catanese terminated her employment in violation of the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -50. We stayed the orders pending resolution of these appeals.
Docket No.: a1966-21
Decided: 2023-03-16
Caption: Y.H. and K.W.C.
Status: Published
Summary:
WHIPPLE, J.A.D. In this interlocutory appeal filed with leave granted, we have been asked to consider the protective breadth of the Expungement of Records statute, N.J.S.A. 2C:52-1 to -31.1 (the expungement statute), against the statutory provisions regulating Transportation Network Companies (TNC), N.J.S.A. 39:5H-1 to -27 (the TNC statute), wherein a conviction for aggravated assault bars employment as a rideshare driver. The purpose of the former is to permit a once-convicted person greater access to work opportunities, and thus second chances in life. The purpose of the latter is to protect the public from potential danger when using digital rideshare services. Worlds collide.
Docket No.: a0388-21
Decided: 2023-03-20
Caption: EVANSTON INSURANCE COMPANY v. WESTERN ENVIRONMENTAL SOLUTIONS, LLC
Status: Unpublished
Summary:
PER CURIAM In this appeal, we consider whether a liability insurance policy – which excluded from coverage bodily injury claims arising from "[a]ll operations, services, or work performed on Elevators" – relieved the insurer of an obligation to defend or indemnify when its insured was sued by a custodian who was injured as the result of events put in motion while he was vacuuming the elevator. Considering the policy's language, as well as extrinsic evidence that thoroughly illuminated the parties' intentions, we conclude that the exclusion enveloped only claims for bodily injuries resulting from work performed by subcontractors who regularly inspect and maintain the building's elevators. Finding that the insurer failed to sustain its burden of showing that the claim fell within this exclusion, we reverse the summary judgment entered in the insurer's favor.
Docket No.: a0867-21
Decided: 2023-03-20
Caption: STATE OF NEW JERSEY v. NOEL MANGUAL
Status: Unpublished
Summary:
PER CURIAM Defendant Noel Mangual appeals the Law Division's September 15, 2021 denial of his first petition for post-conviction relief (PCR) without an evidentiary hearing. Having reviewed the facts in light of applicable law, we affirm.
Docket No.: a1392-21
Decided: 2023-03-20
Caption: LISA SARRO v. VONAGE HOLDINGS CORP
Status: Unpublished
Summary:
PER CURIAM In this personal injury slip and fall matter, plaintiffs Lisa Sarro (plaintiff), and her husband Michael Sarro (collectively plaintiffs), appeal from an order granting summary judgment to defendant Arctic Management, LLC (Arctic). The motion court determined the undisputed facts established plaintiff fell in the subject parking lot during an ongoing snowstorm and Arctic, a snow and ice removal subcontractor, was not liable under the ongoing storm rule enunciated by our Supreme Court in Pareja v. Princeton International Properties, 246 N.J. 546 (2021). We affirm.
Docket No.: a1545-21
Decided: 2023-03-20
Caption: STATE OF NEW JERSEY v. CHRISTIAN MOJICA
Status: Unpublished
Summary:
PER CURIAM Defendant Christian Mojica appeals from an August 24, 2021 order denying his petition for post-conviction relief (PCR). We affirm.
Docket No.: a1855-22
Decided: 2023-03-20
Caption: STATE OF NEW JERSEY v. MICHAEL A. WESTBROOK
Status: Unpublished
Summary:
PER CURIAM We granted the State's motion for leave to appeal from a Law Division order denying pretrial detention of defendant Michael A. Westbrook, who is charged with first-degree murder, N.J.S.A. 2C:11-3(a)(1); second-degree possession of a handgun for an unlawful purpose, N.J.S.A. 2C:39-4(a)(1); and third-degree hindering apprehension of oneself, N.J.S.A. 2C:29-3(b)(1). We affirm the denial of pretrial detention.
Docket No.: a2377-21
Decided: 2023-03-20
Caption: J.H. v. G.H
Status: Unpublished
Summary:
PER CURIAM Defendant G.H. appeals from a March 31, 2022, Family Part order denying his motion to dissolve a May 27, 2008 final restraining order (FRO) entered pursuant to the Prevention of Domestic Violence Act, N.J.S.A. 2C:25- 17 to -35, in favor of plaintiff J.H. based on the predicate act of harassment. This is defendant's second attempt to vacate the FRO. Because we conclude the record supports the motion judge's determination that defendant failed to demonstrate a substantial change of circumstances warranting relief under the factors established in Carfagno v. Carfagno, 288 N.J. Super. 424 (Ch. Div. 1995), we affirm.
Docket No.: a3092-21
Decided: 2023-03-20
Caption: IN THE MATTER OF THE CIVIL COMMITMENT OF F.S.,
Status: Unpublished
Summary:
PER CURIAM Appellant F.S. appeals from a May 10, 2022 Law Division order, which found him to be a sexually violent predator and continued his involuntary commitment in the Special Treatment Unit (STU) pursuant to the Sexually Violent Predator Act (SVPA), N.J.S.A. 30:4-27.24 to -27.38. We affirm.
Docket No.: a3131-20
Decided: 2023-03-20
Caption: SEAN KILEY, v. TUMINO'S TOWING, INC
Status: Unpublished
Summary:
PER CURIAM The parties having amicably resolved their disputes and having filed a stipulation of dismissal, the appeal is hereby dismissed with prejudice and without costs.
Docket No.: a0421-21
Decided: 2023-03-17
Caption: STATE OF NEW JERSEY v. JOSE MORA-CORTEZ
Status: Unpublished
Summary:
PER CURIAM Defendant Jose Mora-Cortez appeals from the July 30, 2021 order denying his petition for post-conviction relief (PCR) following an evidentiary hearing. We affirm.
Docket No.: a1535-21
Decided: 2023-03-17
Caption: ARETHA CALDWELL v. 1420 SOUTH BLACK HORSE PIKE OPERATIONS LLC
Status: Unpublished
Summary:
PER CURIAM Plaintiff Aretha Caldwell, Administrator ad Prosequendum of the Estate of Isabel Loatman, appeals from a January 12, 2022 order granting summary judgment to defendants 1420 South Black Horse Pike Operations LLC d/b/a Meadowview Nursing and Respiratory Care (Meadowview) and Genesis Healthcare, Inc. and dismissing her complaint with prejudice for failure to timely provide an expert causation report. Because the judge failed to consider less drastic sanctions as an alternative to dismissal of plaintiff's complaint, we reverse and remand.
Docket No.: a1876-21
Decided: 2023-03-17
Caption: STATE OF NEW JERSEY v. ISAIAH D. ROBERTS
Status: Unpublished
Summary:
PER CURIAM Defendant Isaiah D. Roberts appeals from a December 20, 2021 order denying his petition for post-conviction relief (PCR) without a hearing. Before the PCR court, defendant raised a litany of issues challenging plea counsel's effectiveness. On appeal, defendant reprises three of those arguments, maintaining plea counsel: [I.] Fail[ed] To Make A Motion To Dismiss This Case As There Was A Violation Of Defendant's Right To A Speedy Trial. [II.] Misle[d] Defendant About The Prison Time To Which The Court Was Actually Going To Sentence Him. [III.] Fail[ed] To Investigate The Officer's Medical Records. We reject these contentions and affirm substantially for the reasons expressed by Judge Colleen M. Flynn in her comprehensive, thirty-two-page written
opinion.
Docket No.: a2282-21
Decided: 2023-03-17
Caption: WILLIAM ENGELHARDT, JR v. DIANA ENGELHARDT
Status: Unpublished
Summary:
PER CURIAM In this post-judgment matrimonial matter, plaintiff William Engelhardt, Jr. appeals from a March 21, 2022 Family Part order modifying plaintiff's alimony obligation to his former spouse, defendant Diana Engelhardt. Finding no merit to plaintiff's arguments on appeal, we affirm.
Docket No.: a2327-19
Decided: 2023-03-17
Caption: STATE OF NEW JERSEY v. RALPH BAKER
Status: Unpublished
Summary:
DeALMEIDA, J.A.D. This matter returns to us from a remand.Defendant Ralph Baker appeals
from a January 8, 2020 judgment of conviction of several charges arising from
an armed robbery of a restaurant. He challenges the trial court's denial of his
motion for a new trial and the life sentence he received. We affirm.
Docket No.: a2754-21
Decided: 2023-03-17
Caption: JANE DOE, v. JOHN ROE,
Status: Unpublished
Summary:
PER CURIAM Plaintiff appeals the trial court's June 3, 2022, grant of summary judgment dismissing her complaint against defendant for negligently infecting her with a sexually transmitted disease. Plaintiff also appeals the trial court's June 3, 2022, award of sanctions against her for violation of N.J.S.A. 2A:15-59.1(a)(1). We affirm as to the order granting summary judgment in favor of defendant and remand as to the sanctions award.
Docket No.: a3003-20
Decided: 2023-03-17
Caption: ROBERT J. TRIFFIN v. CSL PLASMA, INC
Status: Unpublished
Summary:
PER CURIAM Plaintiff appeals from a May 17, 2021, trial court order granting summary judgment to defendant CSL Plasma, Inc. (CSL). 1 We affirm.
Docket No.: a3568-20
Decided: 2023-03-17
Caption: FINANCE OF AMERICA COMMERCIAL LLC v. GEM REAL ESTATE SOLUTIONS, LLC
Status: Unpublished
Summary:
PER CURIAM Defendants/third-party plaintiffs GEM Real Estate Solutions, LLC (GEM) and Jutta Sayles appeal orders granting the motions of third-party defendants Majestic Title Agency, LLC (Majestic) and Westcor Land Title Insurance Company (Westcor) to dismiss the third-party complaint pursuant to Rule 4:6- A-3568-20 2 2(e) for failure to state a claim on which relief could be granted.1 We affirm the dismissal of the negligence claim against Westcor and the dismissal of the breach-of-contract claim against Majestic but otherwise reverse and remand for further proceedings.
Docket No.: a0325-21
Decided: 2023-03-16
Caption: STEPHANIE UGARO v. LIVINGSTON CIRCLE ASSOCIATES, LP
Status: Unpublished
Summary:
PER CURIAM Plaintiff Stephanie Ugaro was injured when a ceiling tile fell on her while she was in a bathroom. She appeals from an order granting summary judgment to defendants, which owned, managed, and maintained the building where plaintiff worked and where she was injured. The trial court reasoned that the doctrine of res ipsa loquitur did not create a presumption of negligence by defendants. We disagree and reverse. The material facts demonstrate that the elements of res ipsa loquitur were established and it is for the jury to determine if defendants can rebut the presumption of their negligence.
Docket No.: a1096-21
Decided: 2023-03-16
Caption: ACTLIEN HOLDING INC v. MARIANNE MC AULIFFE
Status: Unpublished
Summary:
PER CURIAM Since the middle of the last century and until recently, a party obtaining an interest in real property could not intervene in a pending tax sale foreclosure action unless it bought the interest for more than "nominal consideration." N.J.S.A. 54:5-89.1. The Legislature changed this, effective September 24, 2021, to preclude the right to redeem or intervene in that circumstance if the interest was acquired for "less than fair market value." L. 2021, c. 231, § 1. In this appeal, plaintiff Actlien Holding, Inc. argues that the chancery judge erred in refusing to reconsider an order that permitted Oak Tree Equities, LLC to redeem and intervene that was entered prior to the effective date of the new law. We conclude that the new law does not apply to interests acquired prior to the law's effective date and, therefore, affirm.
Docket No.: a1214-20
Decided: 2023-03-16
Caption: DORINE INDUSTRIAL PARK PARTNERSHIP v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION
Status: Unpublished
Summary:
PER CURIAM Plaintiff Dorine Industrial Park Partnership (Dorine) appeals from a Law Division order dismissing its declaratory judgment action against defendants New Jersey Department of Environmental Protection and its former commissioner, Robert Martin (collectively DEP). Dorine sought to clarify the scope of its investigation and remediation obligations to eliminate soil and groundwater contamination on its six-acre industrial park (the site) in East Hanover. DEP cross-appeals contending the court erred by not imposing civil penalties on Dorine and seeks a remand for reassessment of a penalty.
Docket No.: a1368-21
Decided: 2023-03-16
Caption: N.B v. M.A.B
Status: Unpublished
Summary:
PER CURIAM The court being advised by the parties that the issues in dispute have been amicably resolved, the appeal is dismissed with prejudice and without costs to either party.
Docket No.: a2115-21
Decided: 2023-03-16
Caption: JOHN SACCHI, v. QUEST DIAGNOSTICS INCORPORATED
Status: Unpublished
Summary:
PER CURIAM In this appeal, we consider whether plaintiff John Sacchi adequately stated a claim upon which relief may be granted and, if not, whether his amended complaint should be dismissed or whether he should be given a further opportunity to plead a cognizable cause of action. We conclude that the lack of clarity and cohesiveness in the amended complaint warrants that plaintiff be compelled to replead, but we also conclude there are some counts in the amended complaint that do not state a claim on which relief may be granted, and as to those, we reverse the order denying defendant Quest Diagnostics Incorporated's motion to dismiss.
Docket No.: a2976-21
Decided: 2023-03-16
Caption: NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. Y.P.T and J.R.W
Status: Unpublished
Summary:
PER CURIAM Defendant J.R.W. (defendant)1 appeals from a judgment of guardianship terminating his parental rights to J.D.Y.W. (Jack), who was born in October 2016. Based on our review of the record, the trial court's findings of fact and conclusions of law, and the parties' arguments, we are convinced the court correctly determined the New Jersey Division of Child Protection and Permanency (Division) proved by clear and convincing evidence termination of 1 We employ initials and pseudonyms to identify the parties, the child, and others to protect the child's privacy and because records relating to Division proceedings held pursuant to Rule 5:12 are excluded from public access under Rule 1:38-3(d)(12). defendant's parental rights is in Jack's best interests. Unpersuaded by defendant's arguments to the contrary, we affirm.
Docket No.: a0778-21
Decided: 2023-03-15
Caption: DONNA M. ESPINOSA v. RAJVIR KAUR
Status: Unpublished
Summary:
PER CURIAM Defendant Rajvir Kaur appeals from the October 22, 2021 order of the Law Division denying her motion for a new trial following a jury verdict awarding damages to plaintiff Donna M. Espinosa for injuries she sustained in a car accident. We affirm.
Docket No.: a1850-20
Decided: 2023-03-15
Caption: 31-01 BROADWAY ASSOCIATES LLC, v. TRAVELERS CASUALTY AND SURETY COMPANY
Status: Unpublished
Summary:
PER CURIAM Plaintiff 31-01 Broadway Associates, LLC, owned a commercial building in Fair Lawn that had been used continuously as a dry-cleaning establishment since its construction in 1950. In 1979, John and Phyllis Greco purchased the property, and a corporation they owned, Cameo Fabric Care Center, Inc., purchased the assets of the dry-cleaning business operating on the site in a separate transaction. From 1979 to 1982, the Grecos operated the business as Cameo Fabric Care, Inc. (Cameo).2 In 1983, Cameo sold its assets to members of the extended Hahn family, who in turn operated a dry-cleaning business under the trade name Cameo Cleaners of Fair Lawn (Cameo FL). The property was partitioned, and Michael Greco operated a separate rug and drapery cleaning business on the property as Cameo Protecna Clean, Inc. (Protecna). The Hahn family operated Cameo FL until 2002, when they sold the business to another company that continued to operate a dry-cleaning business at the property.
Docket No.: a2249-20
Decided: 2023-03-15
Caption: STATE OF NEW JERSEY v. EBONY I. REED
Status: Unpublished
Summary:
PER CURIAM Defendant Ebony Reed was charged with aggravated assault after she hit and stabbed a victim. She appeals from an order denying her motion to compel her admission into the Pretrial Intervention Program (PTI) over the prosecutor's objection. Because the Law Division correctly determined that the prose cutor's decision was not a patent and gross abuse of discretion, we affirm.
Docket No.: a2305-21
Decided: 2023-03-15
Caption: ALEXIS MILLER v. J.C. REALTY
Status: Unpublished
Summary:
PER CURIAM Plaintiff Alexis Miller appeals from the January 25, 2022 Special Civil Part order dismissing her complaint and entering judgment in favor of defendant J.C. Realty. Based on our review of the record and the applicable legal principles, we vacate and remand.
Docket No.: a2386-21
Decided: 2023-03-15
Caption: NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. C.M. and D.S and R.B
Status: Unpublished
Summary:
PER CURIAM Defendant R.B. appeals from a final judgment terminating his parental rights to his son, Donald,1 now three years old. He contends the Division of Child Protection and Permanency failed to prove the four prongs of the best interests standard of N.J.S.A. 30:4C-15.1(a)(1) to (4) by clear and convincing evidence. The Law Guardian joins with the Division in urging we affirm the judgment.
Docket No.: a2692-20
Decided: 2023-03-15
Caption: ELIZABETH BUDAY v. BOARD OF TRUSTEES PUBLIC EMPLOYEES RETIREMENT SYSTEM -
Status: Unpublished
Summary:
PER CURIAM Appellant Elizabeth Buday seeks our review of the April 21, 2021, final agency decision of the Board of Trustees, Public Employees' Retirement System (hereinafter, the "Board") denying her claim for accidental disability retirement benefits. We affirm.
Docket No.: a3186-20
Decided: 2023-03-15
Caption: JUDITH M. PERSICHILLI v. ATILIS GYM OF BELLMAWR
Status: Unpublished
Summary:
PER CURIAM Defendant Atilis Gym of Bellmawr (Atilis) appeals from a Chancery Division judgment enforcing orders issued by the Commissioner of the Department of Health (DOH) directing Atilis to comply with the Executive Orders (EO) issued by Governor Philip D. Murphy as part of the State government's response to the COVID-19 pandemic, first by closing its gym to the public, then by permitting operation subject to restrictions on activities and capacity with cleaning and social distancing measures in place. In multiple proceedings, the court found that Atilis contumaciously disobeyed a series of DOH orders and related court orders and imposed monetary sanctions under Rule 1:10-3 for violating the orders.
Docket No.: a3194-21
Decided: 2023-03-15
Caption: NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. C.B and C.N
Status: Unpublished
Summary:
PER CURIAM Following a Title 30 guardianship trial, the family court terminated the parental rights of C.B. (Cynthia) and C.N. (Carl) to their then seventeen-year- old daughter, A.B.-N. (Amy), seven-year-old son, G.B. (Gary), and five-year- old son, C.N. (Curt). Only Cynthia appeals; the New Jersey Division of Child Protection and Permanency (Division) and Law Guardian urge that we uphold the termination. We reject Cynthia's contentions that the Division failed to meet its statutory burden under the four-prong best interests test, N.J.S.A. 30:4C-15.1(a), by clear and convincing evidence. The Division established Cynthia endangered her children through evidence of her long history of substance abuse and mental health issues, as well as her constant struggles with relationships, unemployment, and housing instability. The Division's proofs also established Cynthia failed to comply with numerous programs and services offered by the Division to promote reunification with her children, and there were no acceptable alternatives to termination of her parental rights. Therefore, adoption by the resource parents was best for the children. Accordingly, we affirm.
Docket No.: a0655-21
Decided: 2023-03-14
Caption: ROBERT OTTMANN v. CHRISTOPHER HANLON
Status: Unpublished
Summary:
PER CURIAM Plaintiffs appeal from two August 27, 2021 orders confirming an arbitration award under Rule 4:21A-6(b) and denying their motions for sanctions against defendant and to enforce a settlement agreement and a September 27, 2021 order denying reconsideration. Because plaintiffs' demand for a trial de novo and rejecting the arbitration award was not filed within the thirty-day time constraints under Rule 4:21A-6(b)(1), we affirm.
Docket No.: a0985-21
Decided: 2023-03-14
Caption: STATE OF NEW JERSEY v. REINALDO RODRIGUEZ
Status: Unpublished
Summary:
PER CURIAM Petitioner Reinaldo Rodriguez appeals from the August 20, 2021 order denying his petition for post-conviction relief (PCR). We affirm, substantially for the reasons set forth by Judge John A. Young in his comprehensive written
opinion.
Docket No.: a1290-21
Decided: 2023-03-14
Caption: IN THE MATTER OF REGISTRANT S.R
Status: Unpublished
Summary:
PER CURIAM S.R. appeals from a November 22, 2021 Law Division order denying his request that his personal identifiers be removed from the Sex Offender Internet Registry (registry), pursuant to N.J.S.A. 2C:7-12 to -18. We reject all of S.R.'s arguments and affirm.
Docket No.: a1364-21
Decided: 2023-03-14
Caption: RIVERSIDE DEVELOPMENT STUDIES LLC v. NORTH BERGEN BOARD OF ADJUSTMENT
Status: Unpublished
Summary:
PER CURIAM Plaintiff Riverside Development Studies LLC appeals from an order dismissing with prejudice its complaint in lieu of prerogative writs, in which it challenged the approval by defendant North Bergen Board of Adjustment (the Board) of an application by defendant 9001 River Road LLC (9001 River), for development of property in North Bergen. 1 Plaintiff primarily argues that it has standing; the Board acted arbitrarily, capriciously, and unreasonably in approving the application because its approval was not supported by substantial credible evidence or consistent with applicable law; and its purported claim under the Open Public Meetings Act (OPMA), N.J.S.A. 10:4-6 to -21, should have been heard. We disagree and affirm.
Docket No.: a2401-20
Decided: 2023-03-14
Caption: KARIMAH M. SHARIF v. DOMINANT DOMAIN, LLC
Status: Unpublished
Summary:
PER CURIAM In this slip and fall premises liability action, plaintiff Karimah Sharif appeals two Law Division orders, the first granting summary judgment to defendant and dismissing all claims with prejudice and the second denying reconsideration. We affirm both orders.
Docket No.: a2908-20
Decided: 2023-03-14
Caption: STATE OF NEW JERSEY v. NESTOR BALBI
Status: Unpublished
Summary:
PER CURIAM Defendant Nestor Balbi appeals from an October 9, 2020 order denying his motion to suppress evidence after a remand.
Docket No.: a3467-21
Decided: 2023-03-14
Caption: STATE OF NEW JERSEY v. WILLIAM L. MARABLE
Status: Unpublished
Summary:
PER CURIAM On leave granted, the State appeals from a December 17, 2021 order granting a suppression motion filed by defendant William L. Marable. The State also appeals from a November 16, 2020 order invalidating a domestic violence search warrant (DVSW), a December 20, 2021 order clarifying the December 17 order, and a separate December 20, 2021 order dismissing a second-degree charge against defendant for certain persons not to have a weapon, N.J.S.A. 2C:39-7(b)(1). We affirm the challenged orders.
Docket No.: a3724-20
Decided: 2023-03-14
Caption: STATE OF NEW JERSEY v. KIMBERLY KILLION
Status: Unpublished
Summary:
PER CURIAM Defendant Kimberly Killion appeals from the June 29, 2021 Law Division order denying her motion to vacate the retraxit guilty plea to assault by auto, N.J.S.A. 2C:12-l(c)(3). We affirm.
Docket No.: a0154-21
Decided: 2023-03-13
Caption: RONALD C. WRONKO v. MC TUSCANY II PROPERTY LLC
Status: Unpublished
Summary:
PER CURIAM In this action in lieu of prerogative writs, plaintiffs Ronald C. Wronko and Carmela Wronko appeal from an August 5, 2021 order granting judgment in favor of defendants MC Tuscany Property, LLC (Tuscany), and the Lakewood Township Planning Board (the Board). We affirm.
Docket No.: a0396-21
Decided: 2023-03-13
Caption: STATE OF NEW JERSEY v. THOMAS H. OUTLAND
Status: Unpublished
Summary:
PER CURIAM Defendant Thomas H. Outland appeals from the August 12, 2021 order denying his petition for post-conviction relief (PCR) following an evidentiary hearing. Based on our review of the record and the applicable legal principles, we affirm.
Docket No.: a0726-22
Decided: 2023-03-13
Caption: IN THE MATTER OF THE ESTATE OF ERNESTINE BURSTYN, deceased THE SHARON GREEN TRUST
Status: Unpublished
Summary:
PER CURIAM We have been advised prior to argument this matter has been amicably adjusted, and the parties have stipulated to the dismissal of this appeal. Accordingly, the appeal is dismissed with prejudice and without costs.
Docket No.: a1574-19
Decided: 2023-03-13
Caption: STATE OF NEW JERSEY v. DARRELL SCOTT
Status: Unpublished
Summary:
PER CURIAM Defendant appeals from the January 28, 2013 order granting the State's motion to admit certain evidence under N.J.R.E. 404(b) and as intrinsic to the conspiracy charge. We affirm.
Docket No.: a2098-21
Decided: 2023-03-13
Caption: DANA L. WALKER v. JASCO MANAGEMENT CORPORATION
Status: Unpublished
Summary:
PER CURIAM The court being advised by the parties that the issues in dispute have been amicably resolved, the appeal is dismissed with prejudice and without costs to either party.
Docket No.: a2140-21
Decided: 2023-03-13
Caption: IN THE MATTER OF ERICCA GREENE, DEPARTMENT OF THE TREASURY
Status: Unpublished
Summary:
PER CURIAM Appellant Ericca Greene seeks our review of a final agency decision of the Civil Service Commission. The record reveals that Greene was hired by the Department of Treasury as an auditor in the Division of Taxation's field audit division in 1993. Twenty years later, Greene was appointed as a "Conferee 1, Taxation," a position she still holds. In 2021, Greene sought a review and reclassification of her position, believing it more akin to a Dispute Resolution Specialist 2. The Commission's Division of Agency Services conducted a review and determined that Greene's current duties and responsibilities were commensurate with her title.
Docket No.: a2658-21
Decided: 2023-03-13
Caption: STATE OF NEW JERSEY v. DAJAN D. MINDINGALL
Status: Unpublished
Summary:
PER CURIAM On leave granted, defendant Dajan Mindingall appeals from a March 10, 2022 order denying his motion to compel discovery. A grand jury charged defendant with thirty-four offenses related to eight armed robberies. Defendant thereafter moved to suppress his post-arrest statement to detectives, arguing his initial invocation of his right to counsel had not been honored because – contrary to what the State claimed – detectives, not defendant, reinitiated the communications that led to his further interrogation and admissions. In connection with the motion to suppress, defendant sought (1) "the policies and procedures for taking statements from suspects and witnesses and/or policies on suspects in custody for the Bergen County Prosecutor's Office (BCPO);" and (2) access, with an investigator, "to view the location where the interview took place and where the recordings [were] made." The trial court denied those requests, finding that neither would lead to relevant evidence of whether defendant reinitiated the communications with the detectives. We affirm because we cannot say that the trial court abused its discretion.