NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION PER CURIAM. Phillip Cherry ("Cherry") appeals from a final determination of the Civil Service Commission ("Commission"), which rejected his challenge to decisions by the City of Asbury Park ("City") to select other eligible candidates for appointment to the position of firefighter. We affirm. This appeal arises from the following facts. The Department of Personnel announced an open-competitive examination for a firefighter,...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION PER CURIAM. Defendant Shaykh M. Abd-Haqq appeals from the February 11, 2013 Law Division order denying his second petition for post-conviction relief (PCR) without an evidentiary hearing. For the reasons that follow, we affirm. We discern the following facts from the record. On January 28, 1983, a jury convicted defendant of two counts of murder, N.J.S.A. 2C:11-3; first-degree robbery, N.J.S.A. 2C:15-1; third-degree...
The opinion of the court was delivered by REISNER , P.J.A.D. Plaintiff Panagioti L. Giannakopoulos appeals from a September 12, 2013 order granting defendant Mid State Mall's motion for reconsideration and dismissing plaintiff's complaint against MidState 1 . Plaintiff also appeals from a September 12, 2013 order granting summary judgment in favor of defendants Maser Consulting, P.A., and Maser engineer Mark E. Zelina (collectively, Maser). Plaintiff further appeals from a December 6,...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION PER CURIAM. Tried by a jury, defendant J.L.H. was convicted of second-degree sexual assault, N.J.S.A. 2C:14-2(c)(1) (count one); second-degree sexual assault, N.J.S.A. 2C:14-2(c)(4) (count two); fourth-degree criminal sexual contact, N.J.S.A. 2C:14-3(b) (count three); and third-degree child endangering, N.J.S.A. 2C:24-4(a) (count four). On March 1, 2013, the trial judge merged all the offenses and sentenced defendant...
The opinion of the court was delivered by ASHRAFI , J.A.D. In this appeal, we consider whether Essex County can lawfully contract for housing and treatment services for a large population of its county jail inmates at two privately owned and operated facilities, Delaney Hall and Logan Hall. Plaintiffs allege that Essex County's contract for the housing of inmates at those facilities is an unlawful "privatization" of county jail operations. Defendants contend that the County contracted...
The opinion of the court was delivered by SABATINO , P.J.A.D. This interlocutory appeal in a professional liability case poses more unsettled questions of law arising under the Affidavit of Merit statute, N.J.S.A. 2A:53A-26 to -29. Specifically, the appeal concerns whether an affidavit of merit ("AOM") issued by a licensed engineer, which criticizes both the construction contract administration and design services provided by a licensed New Jersey architect and his licensed...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION PER CURIAM. In this professional negligence action against an attorney, plaintiff Marianne Murphy appeals from the Law Division's August 9, 2013 order dismissing her complaint for failing to state a cause of action, Rule 4:6-2, and the court's October 11, 2013 order, denying her subsequent motion for reconsideration, Rule 4:49-2. Plaintiff's complaint essentially alleged her former attorney, defendant Charles Shaw, Esq.,...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION PER CURIAM. Defendant Moises Agosto appeals from a post-judgment Family Part order dated June 28, 2013, which denied his application to reduce the portion of his pension that plaintiff is entitled to receive, and an order dated September 6, 2013, which denied his motion for reconsideration. Defendant also appeals from a November 8, 2013 order denying his motion to reduce his child support obligation. After reviewing the record...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION PER CURIAM. Saband Investment Company, L.L.C. ("Saband"), a third-party plaintiff and counterclaim defendant in this contract dispute, appeals a final judgment against it in the sum of $175,107, plus costs, entered in favor of third-party defendants, Basam Naymeddin ("Naymeddin") and Naymeddin's company, ABM Construction ("ABM"), on their counterclaim. For the reasons that follow, we affirm, with a slight modification of the...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION PER CURIAM. In this foreclosure matter, defendant Rose O. Akinfaderin-Abua appeals from the July 12, 2013 Chancery Division order, which denied her second motion for reconsideration of the April 19, 2013 order striking her answer and counterclaim against plaintiff Bayview Loan Servicing, LLC. Defendant also appeals from the August 20, 2013 order, which denied her third motion for reconsideration. We affirm. The facts are...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION PER CURIAM. Defendant Rakeem Gartrell appeals from the denial, without a testimonial hearing, of his petition for post-conviction relief. Defendant collaterally challenges his September 16, 2010, conviction, after a guilty plea, to three counts of first-degree murder, N.J.S.A. 2C:11-3(a)(1), -3(a)(2), and related weapons offenses. Defendant admitted he stabbed to death his girlfriend and her two parents. He received...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION PER CURIAM. Defendant Bernard Turner appeals from an order entered on November 2, 2012, denying his petition for post-conviction relief ("PCR"). We affirm. I. Defendant was charged under Camden County Indictment No. 08-06-1949 with first-degree murder, N.J.S.A. 2C:11-3(a)(1) or (2) (count one); second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a) (count two); third-degree unlawful possession...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION PER CURIAM. Defendant Antoine Anderson was convicted of murder, felony murder, first-degree armed robbery, and various weapons crimes after a jury trial in 1989. He was sentenced to life imprisonment with a thirty-year period of parole ineligibility, concurrently on both the murder and felony murder counts. His conviction was upheld on direct appeal in 1992. State v. Anderson , No. A-233-89 (App. Div. Dec. 2, 1992). The case...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION PER CURIAM. The Township of Edison appeals from the June 27, 2013, decision of the Public Employment Relations Commission (PERC) denying the township's petition to restrain binding arbitration of a grievance. It was filed by Local 1197 of the International Association of Firefighters (IAFF) regarding compensation of certain firefighters who were also trained and licensed emergency medical technicians (firefighter/EMTs). The...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION PER CURIAM. Defendant Tuan Dang pleaded guilty to being a leader of a narcotics trafficking network, N.J.S.A. 2C:35-3, and was sentenced to twenty years imprisonment in accordance with his plea agreement. He appeals the trial court's denial of his motions to suppress physical evidence and his statements to the police, and also challenges the adequacy of his plea colloquy as required by Rule 3:9-2. We affirm. On November...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION PER CURIAM. Following a jury trial, defendant Reinaldo Gonzalez was convicted of second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1) (causing or attempting to cause serious bodily injury (SBI)); third-degree aggravated assault, N.J.S.A. 2C:12-1(b)(2) (purposely or knowingly causing or attempting to cause bodily injury with a deadly weapon, a knife); fourth-degree unlawful possession of a knife, N.J.S.A. 2C:39-5(d);...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION PER CURIAM. Defendant appeals from a July 8, 2013 order denying his petition for post-conviction relief (PCR). Defendant maintains that his plea counsel rendered ineffective assistance of counsel. We affirm. In October 2008, defendant pled guilty to second-degree possession of a handgun by a convicted felon, N.J.S.A. 2C:39-7. At that time, defendant had been serving time in prison for a parole violation. At the plea hearing,...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION PER CURIAM. Defendant Hashona Clark appeals from the denial of his motion to correct what he claims to be an illegal sentence. Because we agree that the sentence defendant is serving is not an illegal one, we affirm. A jury convicted defendant in 1991 of conspiracy to commit armed robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1; armed robbery, N.J.S.A. 2C:15-1; felony murder, N.J.S.A. 2C:11-3(a)(3); purposeful or...
The opinion of the court was delivered by FUENTES , P.J.A.D. Defendant R.C. appeals from the order of the Chancery Division, Family Part denying his motion seeking reconsideration of a prior order of the court which reaffirmed and enforced a parenting time schedule that was part of a Consent Order entered by the parties ten years earlier. Defendant argues the motion judge erred in failing to compel the parties to submit to mediation or alternatively conduct a plenary hearing to address...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION The opinion of the court was delivered by MAVEN, J.A.D. Defendant David Connor, appeals from the Law Division's denial of his petition for post-conviction relief ("PCR"). We affirm. The State's proofs at trial established that defendant shot and killed his co-worker. In our prior opinion, we provided this summary of the evidence presented at trial. Defendant operated an auto repair establishment. He employed a number of...
