NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION PER CURIAM. On remand from the Supreme Court, Donelson v. DuPont Chambers Works , 206 N.J. 243 , 263 (2011), we decide two issues left unresolved by our prior opinion. In particular, we now address the appeal by defendant DuPont Chambers Works from the trial judge's refusal to vacate the jury's award of punitive damages. We also address plaintiff John Seddon's cross-appeal from the judge's order awarding only half of the...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION PER CURIAM. Defendant Aly Richardson appeals from the March 27, 2009 order of the Law Division denying his petition for post-conviction relief (PCR) and request for an evidentiary hearing. Defendant alleged, in part, ineffective assistance of counsel in connection with his violation of probation (VOP). We affirm. Camden County Accusation 06-04-1453, filed on April 19, 2006, charged defendant with third-degree attempted...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION PER CURIAM. Defendant Craig O'Reilly appeals from the March 7, 2008 order of the Law Division denying his petition for post-conviction relief (PCR) without an evidentiary hearing. Defendant had asserted, in part, ineffective assistance of trial counsel in failing to obtain psychiatric evaluations and medical records and failing to assert a diminished capacity defense. He also claimed trial counsel was ineffective and the State...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION. PER CURIAM. Following denial of his motion to suppress in the municipal court, defendant Joseph Langenstein pled guilty to driving while intoxicated (DWI), N.J.S.A. 39:4-50. Defendant filed an appeal in the Law Division of Superior Court. He appeals from the April 28, 2010 order, entered following de novo review, denying his motion to suppress. At approximately 7:30 p.m., on April 29, 2009, a black Chevrolet Blazer was...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION PER CURIAM. Following a trial de novo, defendant Johnny Cruz appeals from his March 16, 2009 Law Division conviction on charges of driving while intoxicated (DWI), N.J.S.A. 39:4-50, and failure to observe a marked lane, N.J.S.A. 39:4-88. The judge sentenced defendant as a second-time DWI offender to a two-year suspension of his driving privileges, required him to perform thirty days of community service and imposed the...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION PER CURIAM. Plaintiff Mark Moschillo brought suit alleging oppressive conduct and endangerment under N.J.S.A. 14A:12-7 (Oppressed Shareholder Statute) and breach of fiduciary duty by defendants Cando Jovanov and Linvas Corporation (Linvas), regarding the business of Sunrise Gentlemen's Lounge (Sunrise). Plaintiff requested that the trial court award him Jovanov's one-half interest in Linvas. Jovanov claimed that plaintiff...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION PER CURIAM. Defendant Stanley Eckert appeals from a judgment of conviction in the Law Division for driving while his driver's license was suspended. We affirm. On the morning of June 2, 2009, defendant drove his pickup truck past an Interlaken Borough police officer, who conducted a random license plate check of the truck on his mobile data terminal (MDT). The officer learned that the vehicle was registered to defendant and...
Not for Publication without the Approval of the Appellate Division. PER CURIAM. Defendant Slawomir L. Dymacz appeals from a Law Division order denying his petition for post-conviction relief (PCR), without benefit of an evidentiary hearing, seeking to vacate his municipal court conviction for driving while intoxicated (DWI), N.J.S.A. 39:4-50. See R. 7:10-2 (allowing PCR petitions to be filed with respect to a municipal court conviction). On appeal defendant argues: POINT I. APPELLANT...
The opinion of the court was delivered by FISHER, J.A.D. The record in this probate matter demonstrates the decedent had engaged in estate planning but never executed a will by the time of her death. Notwithstanding, the judge utilized the doctrine of probable intent in permitting the establishment and funding of supplemental benefit trusts for decedent's two disabled daughters. Because the doctrine of probable intent—a rule of will construction—cannot be used to create a testamentary...
Not for Publication without the Approval of the Appellate Division. PER CURIAM. Defendant Christino Aquino appeals from a final judgment of conviction of one count of endangering the welfare of a child and one count of criminal sexual contact. He argues that (1) his custodial statement should have been suppressed because the State failed to prove that he voluntarily and knowingly waived his Miranda rights, and (2) that the trial court's consideration of Aquino's demeanor in its findings...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION PER CURIAM. Plaintiff/counterclaim-defendant Dilawez Hoda appeals from the trial court order granting summary judgment in favor of counterclaimant Applied Monroe Lender, LLC (AML). 1 In granting summary judgment, Judge Thomas P. Olivieri found Hoda jointly and severally liable for the repayment of funds advanced by Strategic Peformance Fund-II, Inc. (SPF) to Monroe Center II Urban Renewal Corporation, LLC (Monroe II). We...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION PER CURIAM Defendant, Anthony J. Pasqualini, appeals from an April 20, 2009 judgment of conviction of third-degree theft of movable property, N.J.S.A. 2C:20-3 (Count One); and third-degree receiving stolen property, N.J.S.A. 2C:20-7 (Count Two). At sentencing, the judge merged Count One, theft of movable property, into Count Two, receiving stolen property, and sentenced defendant to five years in prison with two and one...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION PER CURIAM. A three-count indictment charged defendant with stalking, in violation of N.J.S.A. 2C:12-10b, a crime of the fourth degree; contempt, in violation of N.J.S.A. 2C:29-9a, a crime of the fourth degree; and stalking in the face of an existing order prohibiting same, in violation of N.J.S.A. 2C:12-10c, a crime of the third degree. The last two charges were dismissed prior to trial. Defendant waived a jury and...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION PER CURIAM. The State appeals from an order that admitted defendant, Sindad Ansari, into the pretrial intervention program (PTI) over its objection. We affirm. Investigators from the Somerset County Prosecutor's Office made three controlled buys of marijuana from defendant. The aggregate quantity was less than two ounces and sold for a total of $530. After the third sale, defendant and his two co-defendants were arrested....
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION PER CURIAM Defendant, Eric D. Stahl, pled guilty to second-degree endangering the welfare of a child after disseminating a photograph or reproduction that depicted a child engaging in a prohibited sexual act, in violation of N.J.S.A. 2C:24-4b(5)(a). In exchange for his plea, the State agreed to recommend that defendant be sentenced to a term within the range for third-degree offenses. On March 16, 2007, having found that the...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION PER CURIAM This case involves a lease dispute between plaintiff subtenant LT Propco, LLC (Propco) and a commercial landlord, defendant Westland Garden State Plaza Limited Partnership (Westland). Propco appeals from Judge Peter Doyne's January 5, 2010 order that dismissed its first amended complaint pursuant to Rule 4:6-2(e), and denied its motion to file a second amended complaint. Judge Doyne determined that Propco had no...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION PER CURIAM. Following denial of his motions to suppress and to reopen the suppression hearing, defendant Dante Sanford pled guilty to fourth-degree impersonating a law enforcement officer, N.J.S.A. 2C:28-8b; third-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5b; fourth-degree possession of a defaced firearm, N.J.S.A. 2C:39-3d; fourth-degree possession of hollow nose bullets, N.J.S.A. 2C:39-3f; and second-...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION PER CURIAM. Plaintiff Charles X. Kieffer appeals from an order denying access to a public school district employee's letter of resignation as the high school varsity baseball coach and from the amount of attorneys' fees awarded for withholding documents requested under the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, and the common-law right of access. We affirm. The relevant facts may be summarized as follows....
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION PER CURIAM. This appeal involves the interpretation and enforcement of certain pricing provisions contained in a long-term contract for the processing of propylene into propylene oxide, 1 a process known as "tolling." Plaintiff BASF Corporation (BASF) brought suit against defendant Lyondell Chemical Corporation (Lyondell), 2 contending that Lyondell violated a provision of their contract by charging another Lyondell customer...
PER CURIAM. Defendant appeals from his conviction for driving while intoxicated, N.J.S.A. 39:4-50; speeding, N.J.S.A. 39:4-98; possession of a controlled dangerous substance in a motor vehicle, N.J.S.A. 39:4-49.1; and possession of under fifty grams of marijuana, N.J.S.A. 2C:35-10a(4). Contrary to the statutory requirements of N.J.S.A. 2C:35-19c, the State produced on the first day of trial a September 18, 2008 laboratory certificate that confirmed marijuana was found in defendant's...
