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- njcourts.gov… 20, 2020 2 A-5055-17T4 PER CURIAM Defendant appeals from an order entered by the Law Division on May 11, 2018, which … hearing was not required. The PCR court entered an order denying relief. This appeal followed. On appeal, … as a matter of strategy, not to raise this issue in order to avoid raising an excessive amount of arguments on …
- njcourts.gov… Authority appeals from the Law Division's January 11, 2019 order denying its motion to dismiss plaintiffs Geoffrey … defendant's motion. This appeal followed. Our review of an order denying a motion to dismiss is de novo, "applying the … notice of tort claim. Reversed and remanded for entry of an order granting defendant's motion and dismissing plaintiffs' …
- njcourts.gov… 14, 9 A-3126-17T3 21–22 (App. Div. 2002), remaining wary in order to "avoid viewing the performance under the … testimony. Following counsel's objection, the trial judge ordered the State to provide copies of the spreadsheets … at trial. 15 A-3126-17T3 Even though the first PCR judge ordered an evidentiary hearing limited to trial counsel's …
- njcourts.gov… dismissed. Plaintiff cross-appealed from the trial court's order awarding him limited attorney's fees and no costs. He … "[u]nless otherwise provided by law, these rules or court order, costs shall be allowed as of course to the prevailing … circumstances. 15 A-6024-17T1 The appeal is dismissed. The order from which plaintiff cross-appeals is reversed as to …
- JOSEPH OSTROWSKY VS. PAMELA JENGO, ET AL. (L-1405-17, BERGEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… trip and fall case, plaintiff appeals from an April 8, 2019 order granting summary judgment to defendant Pamela Jengo—a … it had notice of the dangerous condition. We review the order de novo, applying the same legal standards that govern … plaintiff contends fact issues preclude the entry of the order. Generally, "a public entity is 'immune from tort …
- JOSEPH PRESHER VS. NEW JERSEY STATE PAROLE BOARD (NEW JERSEY STATE PAROLE BOARD) - Unpublished Opinionsnjcourts.gov… that we should not follow Acoli. He contends we should order his release on parole, instead of remanding the matter … Acoli appealed. Id. at 219. In an unpublished opinion, we ordered the Board to "expeditiously set conditions for . . . … and the Board argued that this court erred by ordering Acoli's parole rather than a hearing before the …
- ALLAN MARAIN VS. BOARD OF REVIEW, ET AL. (BOARD OF REVIEW, DEPARTMENT OF LABOR) - Unpublished Opinionsnjcourts.gov… v. N.J. Civil Serv. Comm'n, 93 N.J. 384, 390-91 (1983). "In order to reverse an agency's judgment, an appellate court … without good cause attributable to such work." In order to avoid disqualification, a claimant must show she … responsibility to do what is necessary and reasonable in order to remain employed. [Domenico v. Bd. of Review, 192 …
- njcourts.gov… PER CURIAM Defendant Omar Bridges appeals the June 22, 2018 order that denied his petition for post-conviction relief … petition on June 22, 2018. Defendant appeals that order. The convictions arose from an incident in Newark in … our Supreme Court in State v. Fritz, l05 N.J. 42 (1987). In order to prevail on a claim of ineffective assistance of …
- NEW JERSEY ADVANCE MEDIA VS. PETER LOMBARDO (L-1526-17, MORRIS COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Defendant Peter Lombardo appeals from a March 26, 2019 order entering a directed verdict in favor of plaintiff New … that they would accept late filings. The discovery order was the discovery order and it was violated when incomplete answers were …
- njcourts.gov… Defendant Victor Cody appeals the June 1, 2018 Law Division order denying his petition for post-conviction relief (PCR), … v. Cummings, 321 N.J. Super. 154, 170 (App. Div. 1999). In order to be entitled to an evidentiary hearing, the … location of the vehicle. The police stopped the Nissan and ordered defendant and his brother out of the car. The PCR …
- njcourts.gov… Evidence adduced at the plenary hearing, which produced the orders now under review, demonstrated Elizabeth was a … by Susan and James; the judge quashed that subpoena by order entered on January 25, 2019. On March 22, 2019, the … this appeal, seeking review of the two judgments and the order that quashed their subpoena. Susan and James cross- …
- njcourts.gov… violated N.J.A.C. 17:1-17.14, the Board stated that "[i]n order for [plaintiff's] retirement to be bona fide, it would … contractor. 12 A-3151-18T3 the repayment of benefits in order to protect the qualified status of the defined benefit … retiree and his or employer; and the proportionality of an order requiring repayment where non- compliance is …
- njcourts.gov… Birdsall later settled, after which plaintiff appealed the order granting the Borough summary judgment. 4 A-0305-18T4 … of the dangerous condition. III. We review a trial court's order granting summary judgment under settled standards. A trial court's order granting summary judgment is entitled to no "special …
- STATE OF NEW JERSEY VS. CHRISTOPHER VARGAS (02-02-19, SUSSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… The court suspended defendant's license for seven months, ordered defendant to use an ignition interlock device for … of the plea hearing and affirmed the municipal court order denying defendant's motion to vacate the guilty plea. … (1989))). We remand to the Law Division for proceedings and orders necessary to implement this opinion. We do not retain …
- STATE OF NEW JERSEY VS. GERMANIA TERRERO (09-07-1251, HUDSON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Defendant does not challenge the latter part of the court's order, but argues in her merits brief: THE [PCR] COURT ERRED … from the trial court except the wording of its May 1, 2018 order. 4 A-1287-18T4 the PCR court's legal conclusions de … the Spanish translators that trial counsel utilized in order to communicate with [defendant], or with the Spanish …
- njcourts.gov… G.O.-A.1 appeals from a December 5, 2018 fact-finding order, now final, that she and the children's father abused … "not established." By the time of the return date on the order to show cause for the removal, both parents had … to be a full-time supervisor in defendant's home. The court ordered the children returned to their parents , requiring …
- STATE OF NEW JERSEY VS. JORDAN X. SMITH (18-01-0069, MIDDLESEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… completed a diversion program for committing disorderly persons 3 A-2840-18T1 offenses. As an adult, … least one year without parole eligibility." A memorializing order was entered on July 31, 2018. On August 27, 2018, … of law thereon . . . on every motion decided by a written order that is appealable as of right." R. 1:7-4(a). "Mere …
- njcourts.gov… Association, appeals from an October 4, 2019 Law Division order affirming a resolution of defendant Zoning Board of … Vincent J. Militello issued an oral opinion and coincident order in which he concluded that the Board's decision to … to our deference. We, therefore, affirm the trial court's order of October 19, 2019, affirming the Board's decision …
- njcourts.gov… Raymond Cascarino appeals from an October 24, 2019 order entering summary judgment in favor of plaintiff … to provide UIM coverage to Cascarino." II. Our review of an order granting summary judgment is de novo. Graziano v. … to show it was prejudiced by Cascarino's actions in order to deny UIM coverage. As Judge Pickering noted, …
- SOBEL AND BROWN, PC VS. THOMAS HOXIE (L-4418-18, BERGEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… PER CURIAM Plaintiff appeals from an August 23, 2019 order granting summary judgment in favor of defendant, … judgment. On August 23, 2019, the motion judge entered an order and rendered a written opinion granting defendant's … and that the moving party is entitled to a judgment or order as a matter of law." Ibid. (quoting R. 4:46-2(c)). To …