NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. PER CURIAM . Defendant appeals from his convictions for first-degree murder, N.J.S.A. 2C:11-3(a)(1), (2); second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b); and second-degree possession...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. PER CURIAM . In this employment discrimination matter, plaintiff Robert J. Hahn appeals from an October 5, 2017 order granting summary judgment to defendant One Call Care Management (One Call), dismissing...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. PER CURIAM . Plaintiff appeals from an order entered by the Law Division on September 29, 2017, which granted summary judgment in favor of defendants and dismissed plaintiff's complaint with prejudice. We...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. PER CURIAM . Defendant appeals from an April 10, 2017 amended dual final judgment of divorce, entered after a lengthy trial, generally ordering him to pay plaintiff alimony and child support; providing...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. PER CURIAM . The State was granted leave to appeal an interlocutory order compelling it to produce in discovery an unredacted version of the cell phone text messaging history of O.R., defendant M.S.'s...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. PER CURIAM . Defendant, Shahied A. Abdullah, appeals from the February 21, 2017 order denying his petition for post-conviction relief (PCR) after an evidentiary hearing. On March 5, 2008, defendant was...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. PER CURIAM . This matter comes before us on defendant's motion to dismiss plaintiff's appeal as moot. In the underlying (as yet undecided) appeal, plaintiff Mary Breslin challenges a February 24, 2017...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. PER CURIAM . Dr. Brett D. Holeman (plaintiff) appeals from an October 31, 2017 order denying his motion to vacate an arbitrator's award, which upheld tenure charges. We affirm. Plaintiff began working as...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. PER CURIAM . Defendant Otis L. Williams appeals from his conviction for first-degree aggravated manslaughter, N.J.S.A. 2C:11-4(a)(1), following his guilty plea, arguing: POINT I THE COURT ERRED BY...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. PER CURIAM . Plaintiff William M. Reinhardt appeals from an October 13, 2017 order granting defendants Maureen and Robert Gornowski summary judgment and dismissing plaintiff's complaint. We affirm. The...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. PER CURIAM . By leave granted, the State appeals from the September 15, 2017 Law Division order granting R.H.'s motion to terminate and remove all Megan's Law obligations, requirements, and disabilities...
The opinion of the court was delivered by FIRKO , J.S.C. (temporarily assigned). Defendant Nancy Van Istendal appeals from an order granting summary judgment dismissal of her counterclaim asserting claims of minority shareholder oppression while employed as an at-will employee. She contends that she had a reasonable expectation of continued employment after a thirteen-year history with her former employer, and that her at-will designation was irrelevant and erroneous, even though she...
The opinion of the court was delivered by YANNOTTI , P.J.A.D. Defendant appeals, on leave granted, from an order of the Law Division, which required defendant to disclose the personal identification numbers and passwords (the passcodes) for his lawfully-seized iPhones. Defendant argues that the compelled disclosure of this information violates his right against self-incrimination under the Fifth Amendment to the United States Constitution, and the protections against self-incrimination...
The opinion of the court was delivered by MAWLA , J.A.D. Defendant Calvin Bass appeals from a September 7, 2017 order denying his fourth petition for post-conviction relief (PCR). We affirm, and hold N.J.S.A. 2A:4A-26.1(c)(1), which does not authorize the waiver to adult court of a juvenile under the age of fifteen, has no retroactive application where a defendant's conviction and sentence have been adjudicated with finality. The following facts are taken from the record. In March 1983,...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. PER CURIAM . In this medical malpractice action, plaintiffs Hasim and Aymur Cengiz appeal from the July 14, 2017 order dismissing their amended complaint as untimely. Because the statute of limitations...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. PER CURIAM . An Essex County grand jury charged defendant Alchane Mayes and his co-defendant, Jeshon Johnson with second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-1, N.J.S.A. 2C:25-1(b) (count...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. PER CURIAM . After a remand to the trial court for a written statement of reasons, we consider anew plaintiff Thomas Kenyon's appeal of the grant of summary judgment to defendants. 1 The facts and...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. PER CURIAM . Plaintiff Christopher Cox appeals from a June 23, 2017 order granting summary judgment in favor of defendant, New Jersey Manufacturers Insurance Company (NJM). 1 We affirm. Plaintiff was...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. PER CURIAM . By leave granted, Government Employees Insurance Company (GEICO) appeals from a July 24, 2017 order denying GEICO's summary judgment motion and granting summary judgment in favor of defendant...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. PER CURIAM . In this contested mortgage foreclosure action, defendant Denise Greco and her husband Alfred Greco appeal from the denial of their motion to dismiss the complaint, the entry of summary...