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A-4193-12T2 ALONZO CAMPBELL VS. SAINT JAMES AFRICAN METHODIST EPISCOPALCHURCH, ET AL.(L-8286-10, ESSEX COUNTY AND STATEWIDE)

A-4193-12T2 ALONZO CAMPBELL VS. SAINT JAMES AFRICAN METHODIST EPISCOPALCHURCH, ET AL.(L-8286-10, ESSEX COUNTY AND STATEWIDE)

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NOT FOR PUBLICATION WITHOUT THEAPPROVAL OF THE APPELLATE DIVISIONSUPERIOR COURT OF NEW JERSEYAPPELLATE DIVISIONDOCKET NO. A-4193-12T2ALONZO CAMPBELL,Plaintiff-Appellant,v.SAINT JAMES AFRICAN METHODISTEPISCOPAL CHURCH, REVERENDWILLIAM WATLEY, REVERENDGARVEY INCE, and BARBARACARTER,Defendants-Respondents.________________________________________________________________Submitted May 14, 2014 ­ DecidedAugust 22, 2014Before Judges Sapp-Peterson and Maven.On appeal from the Superior Court of NewJersey, Law Division, Essex County, DocketNo. L-8261-10.ChristopherC.Robertsattorneyforappellant.Preston & Wilkins, PLLC, attorneys forrespondents (Gregory R. Preston and LaurenG. Bernard, on the brief).PER CURIAMPlaintiffAlonzoCampbellbroughtthisactionagainstdefendantsSt.JamesAMEChurch(St.James),Rev.WilliamWatley, Rev. Garvey Ince, and Barbara Carter, asserting claims of breach of contract (count one), breach of implied covenant ofgood faith and fair dealing (count two), common law wrongfulterminationunderPiercev.OrthoPharm.Corp.,84N.J.58(1980) (count three), and invasion of privacy, defamation, andslander per se (count four).Campbell appeals from the orderentered April 25, 2013, granting summary judgment in favor ofdefendantsanddismissinghiscomplaintwithprejudice.Weaffirm.I.St. James hired Campbell in 2005 to work in the maintenancedepartment.Ince,aministerwithSt.Jamessince1997,previously managed the administration and staff, including thecustodians.St.JamesterminatedCampbell’semploymentonAugust 30, 2010.In reciting the factual backdrop of the parties’ dispute,we “view the evidence in the light most favorable” to Campbell.Nicholas v. Mynster, 213 N.J. 463, 478 (2013) (quoting Murray v.Plainfield Rescue Squad, 210 N.J. 581, 584 (2012)).Campbellworked at St. James Monday through Friday, 7:00 a.m. until 2:00p.m.Initially, Campbell’s responsibilities involved working inthe parsonage on Mondays and Fridays assisting Watley and hisfamily.On Tuesdays through Thursdays, Campbell cleaned andmaintained the church.In 2007 or 2008, Campbell began working2A-4193-12T2 in both the St. . . .

August 22, 2014 Read More
A-4024-12T2 STATE OF NEW JERSEY VS. TYRONE L. TRUESDALE(10-02-00175,MERCER COUNTY AND STATEWIDE)

A-4024-12T2 STATE OF NEW JERSEY VS. TYRONE L. TRUESDALE(10-02-00175,MERCER COUNTY AND STATEWIDE)

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NOT FOR PUBLICATION WITHOUT THEAPPROVAL OF THE APPELLATE DIVISIONSUPERIOR COURT OF NEW JERSEYAPPELLATE DIVISIONDOCKET NO. A-4024-12T2STATE OF NEW JERSEY,Plaintiff-Respondent,v.TYRONE L. TRUESDALE,a/k/a STEPHAN KING, TYRONEPHILLIPS, TYRONE TRUDALE, TYRONEL. TRUEADALE, TYRONE L. TRUEADELL,Defendant-Appellant.Submitted August 12, 2014 ­ DecidedAugust 22, 2014Before Judges Nugent and Carroll.On appeal from Superior Court of New Jersey,Law Division, Mercer County, Indictment No.10-02-00175.Joseph E. Krakora, Public Defender, attorneyfor appellant (John Douard, Assistant DeputyPublic Defender, of counsel and on thebrief).Joseph L. Bocchini, Jr., Mercer CountyProsecutor,attorneyfor respondent(Jennifer M. Eugene, Assistant Prosecutor,of counsel and on the brief).PER CURIAMFollowingdenialofhismotiontosuppressevidenceofnarcotics that he discarded in an alleyway upon the arrival of police officers who were patrolling the area, defendant Tyrone L.Truesdale pled guilty to third-degree possession of a controlleddangerous substance (CDS) with intent to distribute on or nearschool property, N.J.S.A. 2C:35-7 and N.J.S.A. 2C:35-5a.Inaccordancewiththenegotiatedplea,thejudgesentenceddefendant to six years imprisonment with a three-year paroledisqualifier.Theremainingcountsoftheindictmentweredismissed.Appropriate fines and penalties were also assessed.Defendant appeals from the denial of his suppression motion, andchallengeshissentenceasmanifestlyexcessive.Havingreviewed these arguments in light of the facts and applicablelaw, we affirm.I.We discern the following facts from the testimony at thesuppression hearing.On November 20, 2009, Detectives FrederickBender, Aaron Bernstein, and Elijah Ramos, all members of theTrenton Anti-Crime Unit, were patrolling the North Trenton areain a white undercover van that, according to Bender, “look[ed]like a painter truck.”Bender testified that at around ninep.m. . . .

August 22, 2014 Read More
A-3486-12T3 ROBERT MARTIN VS. NEW JERSEY COUNCIL 52 OF THE AMERICANFEDERATION OF STATE, COUNTY, MUNICIPAL EMPLOYEES(L-8553-12, ESSEX COUNTY ANDSTATEWIDE)

A-3486-12T3 ROBERT MARTIN VS. NEW JERSEY COUNCIL 52 OF THE AMERICANFEDERATION OF STATE, COUNTY, MUNICIPAL EMPLOYEES(L-8553-12, ESSEX COUNTY ANDSTATEWIDE)

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NOT FOR PUBLICATION WITHOUT THEAPPROVAL OF THE APPELLATE DIVISIONSUPERIOR COURT OF NEW JERSEYAPPELLATE DIVISIONDOCKET NO. A-3486-12T3ROBERT MARTIN,Plaintiff-Appellant,v.NEW JERSEY COUNCIL 52 OF THEAMERICAN FEDERATION OF STATE,COUNTY, MUNICIPAL EMPLOYEES,Defendant-Respondent.____________________________________Submitted February 4, 2014 ­ Decided August 22, 2014Before Judges Fisher and O’Connor.On appeal from Superior Court of New Jersey,Law Division, Essex County, Docket No. L-8553-12.Robert Martin, Appellant, pro se.Zazzali, Fagella, Nowak, Kleinbaum &Friedman, attorneys for respondent(Colin M. Lynch, of counsel and on thebrief).PER CURIAMThe trial court dismissed the complaint for lack of subjectmatter jurisdiction, pursuant to Rule 4:6-2(a).Plaintiffclaims the court dismissed the complaint for failure to state a claim upon which relief can be granted under Rule 4:6-2(e), aruling plaintiff contends was error.Plaintiff also allegesthere is an inconsistency between the court’s oral decision andits subsequent written order that dismissed the complaint,warranting a limited remand for clarification.We affirm.According to plaintiff’s complaint, he was terminated fromhis position at the New Jersey Institute of Technology.Plaintiff alleges his union, defendant New Jersey Council 52 ofAmerican Federation of State, County, Municipal Employees,breached an agreement between the union members and defendantwhen it failed to represent him during the termination process.The specific causes of action plaintiff alleges in his complaintare “breach of contract/promise and fraud.”In lieu of filing an answer, defendant moved to dismiss thecomplaint for failure to state a claim upon which relief can begranted, pursuant to Rule 4:6-2(e).In the alternative,defendant requested that the matter be transferred to the NewJersey Public Relations Commission (PERC), pursuant to Rule1:13-4(a), on the grounds the court lacked subject matterjurisdiction.At the conclusion of oral argument, the court stated, inrelevant part, thatthe State has clearly, through the PublicEmployment Relations Act, . . . .

August 22, 2014 Read More