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Supreme Court Agendas Court Year 2016-2017

(most recent at top)

April 25, 2017 [+]

10 a.m.

A-101/102/103/104-15  The Palisades at Fort Lee Condominium Association, Inc. v. 100 Old Palisades, LLC (077249)
Did the six-year statute of limitations begin to run when this construction project was deemed to be substantially complete, or did plaintiff's causes of action accrue on a date after the unit owners took control of the governing Board?

A-95-15  State v. S.B. (077519)
Is this youth ministry associated with a church a “youth serving organization,” as defined by N.J.S.A. 2C:7-22, for the purpose of charging defendant, a Megan’s Law offender, with prohibited participation in such an organization, contrary to N.J.S.A. 2C:7-23(a)?

1:30 p.m.

A-87-15  State v. Davon M. Williams (077442)
Is the exception to the mandatory period of parole ineligibility for a Graves Act offense, which exception was adopted after defendant committed the offense but prior to sentencing, applicable to this defendant?

2 p.m.

D-13-16  IMO Joseph D. Lento (078302)

April 24, 2017 [+]

10 a.m.

A-11-16  Edan Ben Elazar v. Macrietta Cleaners, Inc. (078079)
Under the circumstances presented, did plaintiffs file a timely notice of claim (pursuant to the New Jersey Tort Claims Act) against the Township of Cranford?

A-94-15  State v. Mark Dunbar (077839)
Under the circumstances presented, were defendant’s constitutional rights violated when the police used a drug-sniffing dog to search for illegal drugs around defendant’s vehicle?

1 p.m.

A-80-15  New Jersey Division of Child Protection and Permanency v. J.L.G. (076543)
Did J.L.G. abuse or neglect his girlfriend’s seven-year-old child, within the meaning of N.J.S.A. 9:6-8.21(c)(4), when he told his girlfriend to stop hitting the child without doing more to intervene?

2 p.m.

D-56-16  IMO Paul W. Bergrin (078651)

M-1349-15  IMO Scott Michael Marinelli (077934)

April 4, 2017 [+]

1 p.m.

A-92-15 Debra Dugan v. TGI Friday’s, Inc. (077567) (Justice Solomon Not Participating)
Is class certification appropriate in this action where plaintiffs allege that defendant violated the Consumer Fraud Act (N.J.S.A. 56:8-1 to -184) and the Truth-in-Consumer Contract, Warranty, and Notice Act (N.J.S.A. 56:12-14 to -18) by (1) failing to include drink prices on its menu; and (2) charging different prices for the same beverage, depending upon where in the restaurant the beverage was served?

A-93-15 Ernest Bozzi v. OSI Restaurant Partners, LLC (077556) (Justice Solomon Not Participating)
Is class certification appropriate in this action where plaintiffs allege that defendant violated the Consumer Fraud Act (N.J.S.A. 56:8-1 to -184) and the Truth-in-Consumer Contract, Warranty, and Notice Act (N.J.S.A. 56:12-14 to -18) by failing to include drink prices on its menu?

March 29, 2017 [+]

10 a.m.

A-40-16  State v. Habeeb Robinson (078900)
What is the scope of the discovery that the State must produce prior to a pretrial detention hearing held under the Bail Reform Act (Act), N.J.S.A. 2A:162-15 to -26?

1 p.m.

A-2-16  Jaime Taormina Bisbing v. Glenn R. Bisbing, III  (077533)
Did the trial court err in granting plaintiff’s motion to relocate out of state with the parties’ children?

2 p.m.

D-76-16 IMO Joseph S. Chizik (078819)

D-8-16 IMO Steven H. Salami (078267)

D-65-16 IMO Thomas Andrew Clark (078782)


March 27, 2017 [+]

10 a.m.

A-105/106-15  State v. Sulaiman Massaquoi (076635)
Should the evidence seized without a warrant from the basement where defendant lived have been suppressed?

A-107/108-15  State v. Daniel K. Jackson (076636)
Should the evidence seized from the basement of an apartment inhabited by one of defendant’s co-defendants (Sulaiman Massaquoi) have been suppressed, under the circumstances presented?

A-79-15  State v. Michael Ross, II (077458)
Did the trial judge’s questioning of witnesses exceed the boundaries of permissible inquiry under N.J.R.E. 614, among other authority?

1 p.m.

A-77-15 Robert A. Verry v. Franklin Fire District No. 1 (Somerset) (077495)

Among other issues, is the Millstone Valley Fire Department an “instrumentality” of the Franklin Fire District No.1 and thus a “public agency” subject to the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13)?


March 21, 2017 [+]

2 p.m.

A-97-15  GMAC Mortgage, LLC v. Tamilynn Willoughby (076006)
In this matter concerning a foreclosure settlement derived through mediation, did defendant fail to accept plaintiff’s offer of loan modification, among other issues?


March 13, 2017 [+]

10 a.m.

A-5-16  In the Matter of the Enforcement of New Jersey False Claims Act Subpoenas (077506)
Is the State foreclosed from utilizing the New Jersey False Claims Act’s administrative subpoena power once the Attorney General’s right to intervene in a qui tam action has expired?

A-13-16  State v. Fernando Carrero, Jr. (078071)
Did the evidence elicited in this trial for first-degree murder support a jury charge on passion/provocation manslaughter?

1 p.m.

A-98/99/100-15  In the Matter of County of Atlantic; In the Matter of Township of Bridgewater   (077447)
Did the Public Employment Relations Commission (PERC) properly decline application of the dynamic status quo doctrine, which would have required the automatic payment of incremental salary increases?

Feb. 28, 2017 [+]

10 a.m.

A-88-15  John Paff v. Galloway Township (077692)
Does the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13 require the defendant township to produce electronically stored information about emails (name of sender, recipient, date and subject) sent by certain public employees over a specified period of time?

A-76-15  State v. Crisoforo Montalvo (077331)
Under the circumstances presented, did the trial court err in its instruction to the jury on the charge of unlawful possession of a weapon?

11:30 a.m.

A-91-15  State v. Lurdes Rosario (077420)
Did the initial interaction between this police officer and defendant constitute a field inquiry or an investigative stop, and did it become a custodial interrogation that required the officer to issue Miranda warnings?

Feb. 27, 2017 [+]

10 a.m.

A-84-15  State v. S.S. (077486)
Did the appellate panel err in relying on its independent review of defendant’s video-recorded statement to reverse the trial court’s order suppressing the statement?

A-86-15  State v. Thomas L. Scott (077434)
Did the trial court err in determining that a defense witness could be impeached with evidence of two prior incidents of lying to the police?

1 p.m.

A-75-15  Twanda Jones v. Morey’s Pier, Inc. (077502)
Was this third-party defendant entitled to summary judgment on defendants’ claim for contribution where the New Jersey Tort Claims Act (TCA) barred direct claims by plaintiffs against the third-party defendant?

2 p.m.

D-52-16  IMO B. JAY BAGDIS (078622)

D-55-16  IMO VICTOR K. RABBAT (078641)

Jan. 31, 2017 [+]

10 a.m.

A-71-15 Denise Brown v. State of New Jersey (076656)
Did police violate plaintiff’s rights when they entered her home without a warrant or consent in order to secure her residence while they sought a search warrant; and, if so, is this detective entitled to qualified immunity?

A-85-15 Oxford Realty Group Cedar v. Travelers Excess and Surplus Lines Company (077617)
Under the terms of this insurance policy, is plaintiff entitled to coverage for the cost of debris removal in addition to the $1 million that was paid for property damage after Hurricane Sandy caused plaintiff’s apartment complex to flood?

1 p.m.

A-67-15 Maryanne Grande, R.N. v. Saint Claire’s Health System (076606)
Under the circumstances presented, was defendant entitled to summary judgment on plaintiff’s allegations that she was terminated based upon a perceived or actual disability, in violation of the New Jersey Law Against Discrimination (LAD)?

Jan. 30, 2017 [+]

10 a.m.

A-89-15 Theresa Triola v. Board of Trustees, Public Employees’ Retirement System (077503)
Did the Board of Trustees of the Public Employees' Retirement System err in denying petitioner’s application for accidental disability retirement benefits, under the circumstances presented?

A-73-15 State v. Brian Tier (077328)
Where defendant provided, in discovery, a list of proposed witnesses, including their addresses and birth dates, was defendant also required to provide the State a proffer of the witnesses’ testimony?

1 p.m.

A-74-15 State v. Dasean Harper (077427)
Did the trial court err in vacating defendant’s conviction for possessing a handgun, where the underlying offense occurred in the 180-day period that followed the effective date of P.L. 2013, c. 117 § 1 (“An Act concerning the possession of certain firearms”)?

Jan. 18, 2017 [+]

10 a.m.

A-55-15 IMO Registrant A.D.; IMO Registrant J.B.; IMO Registrant C.M. (076345)
Did the offenses committed by these Megan's Law registrants fall within the definition of "offense" as it pertains to N.J.S.A. 2C:7-2f, which permits a court to terminate a registrant's obligations if he or she "has not committed an offense within 15 years following conviction or release"?

A-68-15 In the Matter of the New Jersey State Fireman's Association Obligation to Provide Relief Application (077097)
Can a government records custodian bring an action pursuant to the Declaratory Judgment Act, N.J.S.A. 2A:16-50 to -62, to secure a declaratory judgment that it properly denied access to a record under the Open Public Records Act, N.J.S.A. 47:1A-1 to -13, and the common law right of access; and, did this requestor have a right to access records pertaining to financial relief payments made by the Association?

Jan. 17, 2017 [+]

10 a.m.

A-65-15 Michael Conley, Jr. v. Mona Guerrero (076928) Did defendant, the seller of a residence, effectively terminate her sale agreement with plaintiffs-buyers during the "three day review" authorized by the agreement?

A-66-15 State v. Anthony K. Cole (076255)
Did the trial court err in admitting, over defendant's objection, the portion of defendant's videotaped statement that was captured when he was alone in the interrogation room?

1 p.m.

A-81/82/83-15 J.B./L.A./B.M./W.M./R.L. v. New Jersey State Parole Board (077235)
May sex offenders on parole supervision for life ("PSL") or community supervision for life ("CSL") be forced to take a polygraph examination administered by the New Jersey State Parole Board?

2 p.m.

D-38-16 In the matter of Steven R. French (078532)

D-42-16 In the matter of Jack S. Cohen (078546)

Jan. 4, 2017 [+]

10 a.m.

A-27-15 Allstate Insurance Company v. Northfield Medical Center P.C. (076069)
Under the circumstances presented, did plaintiff show by a preponderance of the evidence that defendants knowingly violated the Insurance Fraud Prevention Act?

A-72-15 State v. Rodney J. Miles a/k/a Jamal D. Allen (077035)
Does the “same evidence” test, as expressed by the United States Supreme Court in Illinois v. Vitale, 447 U.S. 410 (1980), continue to govern the double jeopardy analysis in New Jersey for defendants facing successive prosecutions?

1 p.m.

A-40-15 State v. Dion E. Robinson (076267)
Under the circumstances presented, was the trial court required to suppress a handgun discovered during a warrantless search of defendant’s car?

2 p.m.

D-145-15 In The Matter Of Frank A. Viteritto  (077873)

Jan. 3, 2017 [+]

10 a.m.

A-69-15 Tahisha Roach v. BM Motoring, LLC (077125)
Did defendant’s conduct constitute a breach of the parties’ Dispute Resolution Agreement, which contained an arbitration provision, or a waiver of defendant’s right to enforce the Agreement?

A-70-15 State v. Amir Randolph (076506)
Under the circumstances presented, was defendant entitled to suppress the evidence seized from this purportedly vacant or abandoned apartment?

2 p.m.

D-17-16 In the Matter Of James P. Madden  (078323)

D-18-16 In the Matter Of Dean I. Orloff  (078351)

Nov. 30, 2016 [+]

10 a.m.

A-1-16 In re the Declaratory Judgment Actions Filed by Various Municipalities, County of Ocean, Pursuant to the Supreme Court’s Decision in In re Adoption of N.J.A.C. 5:96, 221 N.J. 1 (2015) (077565)
When calculating a municipality’s fair share obligation, how should affordable housing need that accumulated from 1999 through 2015 (the gap period) be addressed?

1 p.m.

A-9-15 State v. Tawian Bacome (075953)
Under the circumstances presented, was defendant’s passenger lawfully ordered out of the vehicle that defendant was driving?

A-64-15 Motorworld, Inc. v. William Benkendorf (077009)
Did plaintiffs’ release defendants’ $600,000 debt in exchange for “reasonably equivalent value” within the meaning of N.J.S.A. 25:2-27(a), and was it a fraudulent conveyance?

Nov. 29, 2016 [+]

11 a.m.

A-62-15 State v. William R. Joe (077034)
Is a defendant entitled to jail credit for pre-sentence time in custody in another state while under indictment in New Jersey?

1 p.m.

A-60-15 Domenick Catrambone v. Bally’s Park Place (076953)
Under the circumstances presented, did the Division of Workers’ Compensation err in awarding the petitioner an increase in disability for one of his two conditions?

A-45-15 State v. D.M. (075914)
Did the trial court improperly permit the prosecutor to question defendant about evidence that previously had been ruled inadmissible under N.J.R.E. 404(b); were the trial court’s limiting instructions on this evidence improper; and did the prosecutor’s statements during summation about this evidence constitute misconduct?

Nov. 9, 2016 [+]

10 a.m.

A-16/17/18/19/20/21/22/23/24/25-15 Givaudan Fragrances Corp. v. Aetna Casualty & Surety Co. (076523)                                  
Under the circumstances presented, was this a valid assignment of rights under various insurance policies?

1 p.m.

A-35-15 North Jersey Media Group, Inc. v. Township of Lyndhurst (076184)
Are these law enforcement agencies required to release their records relating to this high-speed police chase and shooting under the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, or the common law?

A-57-15 Bound Brook Board of Education v. Glenn Ciripompa (076905)       
In this teacher-tenure arbitration matter, was the arbitrator’s reliance on Lehmann v. Toys ‘R’ Us, 132 N.J. 587 (1993) in dismissing the Board’s second charge of inappropriate and unprofessional conduct grounds for vacating the arbitrator’s award?

Nov. 7, 2016 [+]

10 a.m.

A-43-15 State v. Kassey Benjamin (076612)
Does a defendant seeking a waiver of a mandatory sentence under the Graves Act have the right to discovery of the prosecutor’s files on previous applications for Graves Act waivers?

A-47/48/49-15 State v. Shaquille A. Nance; State v. Taja L. Willis Bolton; State v. Alvin D. Williams (076626)
Where the State moved for a Graves Act waiver under N.J.S.A. 2C:43-6.2, did the sentencing judge have discretion to impose a probationary term or was the court required to impose a one-year parole disqualifier as agreed by the State?

1 p.m.

A-29-15 J.I. v. New Jersey State Parole Board (076442)
Does a special condition of Community Supervision for Life that forbids a convicted sex offender from accessing any “Internet capable device” and from all access to the Internet violate the state or federal Constitutions?

2 p.m.

D-180-15 In the Matter of William G. Scher (078195)

Oct. 27, 2016 [+]

10 a.m.

A-63-15 State v. James Comer (077318)
Does defendant’s aggregate sentence, imposed for a homicide offense among other charges, violate the proscriptions of Miller v. Alabama, 132 S.Ct. 2455 (2012) and other authority regarding sentences of juvenile offenders?

A-54-15 State v. Ricky Zuber (076806)
Does defendant’s aggregate sentence, imposed for nonhomicide offenses committed in 1981, violate the proscriptions of Graham v. Florida, 560 U.S. 48 (2010) regarding sentences of juvenile offenders?    

1 p.m.

A-38-15 State v. Carl J. Garrison (076537)
Was evidence of similar conduct, committed by defendant against the victim while in Alabama, admissible in this trial for aggravated sexual assault and other related offenses?

2 p.m.

D-129-15 In the matter of Barry N. Frank (077737)

D-154-15 In the matter of Marvin S. Davidson (077935)

Oct. 26, 2016 [+]

10 a.m.

A-44-15 NL Industries, Inc. v. State (076550)
Is the State entitled to dismissal of plaintiff’s action, which seeks recovery of cleanup damages associated with lead contamination pursuant to the Spill Compensation and Control Act?
A-58-15 State v. James P. Kucinski (076798)
Did the prosecutor’s cross-examination relating to defendant’s silence and lack of detail provided to the police during his post-arrest interrogation violate defendant’s right to remain silent and/or deprive him of a fair trial?

Oct. 13, 2016 [+]

10 a.m.

A-28-15 Andrew McCarrell v. Hoffmann-La Roche, Inc. (076524)
Should the timeliness of plaintiff’s products liability claim be assessed under New Jersey law, which allows for the equitable tolling of statutes of limitations under "discovery rule" principles, or the law of plaintiff’s state of residence, which disallows such tolling?
A-56-15 State v. C.H. (076535)
Where defendant is arrested for charges that give rise to multiple indictments, and later is sentenced to consecutive terms of incarceration for those crimes, does State v. Hernandez, 208 N.J. 24 (2011) compel an award of jail credit on both indictments?

1 p.m.

A-50-15 State v. J.R. (076694)
Did the State’s expert testimony exceed the permissible scope of Child Sexual Abuse Accommodation Syndrome (CSAAS) testimony?

2 p.m.

D-142-15 In the matter of Gregory R. Noonan (077799)

D-161-15 In the matter of Hugo L. Moras (078057)

D-170-15 In the matter of Anthony F. Malanga, Jr. (078081)

Oct. 11, 2016 [+]

10 a.m.

A-42-15 State v. DeShaun P. Wilson (076609)
Were defendant’s confrontation rights violated by the admission into evidence of a map to establish the crime of distribution of CDS within 500 feet of a public park?

A-46-15 State v. Rodney Bull (075919)
Should the holding of State v. Hudson, 209 N.J. 513 (2012), be given retroactive effect and therefore require that defendant’s extended-term sentence, imposed in 1992, be vacated?

Sept. 27, 2016 [+]

10 a.m.

A-36-15 State v. Brandon Morrison (076379)
Can a volunteer member of a local first aid and rescue squad be charged with official misconduct under N.J.S.A. 2C:30-2(a)?

A-37-15 State v. Fulgencio Gonzalez-Monasterio; State v. Bernardo Martinez (075996)
Did the trial court's jury instructions, including the charge on accomplice liability, constitute plain error requiring reversal of defendants' convictions for aggravated-manslaughter and other charges?

1 p.m.

A-32-15 In the Matter of Robbinsville Township Board of Education v. Washington Township Education Association (076497)
Was the Board of Education's determination to impose three furlough days subject to negotiation under the parties' collective negotiations agreement?

2:00 p.m.

D-134-15 In the matter of Walter N. Wilson (077748)

D-164-15 In the matter of Keith O. Moses (078060)

D-130-15 In the matter of Harris C. Legome (077739)

Sept. 26, 2016 [+]

A-58-14 State v. Scott Robertson (075326)
In the context of DWI matters, what standard governs the court's analysis of a motion to stay a license suspension?

A-41-15 State v. Corey Hallett (076343)
Were defendant's Miranda rights violated by police questioning about whether he resided at the address where drugs were found?

1 p.m.

A-51-15 Michael J. Thieme v. Bernice F. Aucoin-Thieme (076683)
Did the trial court err in calculating the equitable distribution of this one-time payment based on the parties' fourteen months of marriage, rather than the eight years of cohabitation that preceded the marriage?

2:00 p.m.

D-122-15 In the matter of Eugene E. Chmura (077681)

D-126-15 In the matter of Thomas G. Frey (077706)

D-127-15 In the matter of Katrina F. Wright (077710)

Sept. 13, 2016 [+]

10 a.m.

A-33/34/55-15 Abigail Ginsburg v. Quest Diagnostics, Inc. (076288)
Are the various claims and defenses asserted in this litigation governed by the laws of New York, New Jersey, or some combination thereof?

1 p.m.

A-15-15 Patricia Gilleran v. The Township of Bloomfield (076114)
Does the Open Public Records Act require the Township to disclose video recordings from a security camera surveilling the back of the Township's municipal building (i.e., Town Hall)?

A-12-15 State v. James Legette (076124)
Was it permissible for this police officer to accompany the suspect into his apartment to obtain his identification, and thereafter to seize a firearm, under the circumstances presented?

2 p.m.

D-41-15 In the matter of John J. Collins (076964)

D-42-15 In the matter of Christopher J. Buckley (076965)

Sept. 12, 2016 [+]

10 a.m.

A-2-15 State v. Charles Bryant, Jr. (075958)
Was the protective sweep of defendant's residence lawful under the circumstances presented?

A-1-15 Brian Royster v. New Jersey State Police (075926)
Were defendants entitled to immunity on plaintiff's failure to accommodate claim under the American's with Disabilities Act; and did these defendants waive that immunity?

1 p.m.

A-5-15 State v. Xiomara Gonzales (075911)
Were the drugs seized from defendant's vehicle admissible under the plain view exception to the warrant requirement?

A-8-15 State v. Michael Cawley (075915)
Was the DNA evidence properly admitted under the inevitable discovery doctrine; and was it permissible for the prosecutor to use, for impeachment purposes, defendant's prior statements that were secured in violation of his constitutional rights?

2 p.m.

D-115-15 In the matter of Kirill Percy (077649)


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