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… In discussing that issue, we wrote: We agree that in order to establish the elements of robbery of Z.D., … On PCR appeal, defendant argues: POINT I: THE PCR COURT'S ORDER THAT DENIED DEFENDANT'S PETITION FOR POST- CONVICTION … BE VACATED IN IT [sic] ENTIRETY. POINT II: THE PCR COURT'S ORDER THAT DENIED DEFENDANT'S PETITION FOR POST- CONVICTION …
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… issued a comprehensive written opinion that accompanied the order denying defendant's petition. Although there was no … thoughtful opinion. Lastly, defendant argues the failure to order a PSI report violated N.J.S.A. 2C:44-6, which makes … not require the substantive resentencing that we have now ordered. Randolph, 210 N.J. at 351 (citing State v. Tavares, …
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… Board to stop paying the pension because he could never be ordered to return to work, as required by N.J.S.A. 43: … at least a period of five years following his retirement in order to determine whether or not the disability which … or fails to return to duty within 10 days after being ordered so to do, or within such further time as may be …
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… DISCOUNTING THE DOCUMENTATION PROVIDED BY PLAINTIFFS[] IN ORDER TO PROPERLY DETERMINE GROSS SALES. A. The Lower Court … some well-known general standards. When reviewing an order granting summary judgment, we apply "the same standard … fact" and "the moving party is entitled to a judgment or order as a matter of law." R. 4:46-2(c). We accord no 3 …
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… three separate days, resulted in the trial judge issuing an order denying defendant's motion. During the trial, without … unpersuaded. In a well-reasoned memorandum accompanying the order denying defendant's motion, the trial judge found the … trial if it is otherwise reliable. Ibid. When reviewing an order denying a motion to bar an out-of-court …
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… was the most appropriate for appraising the property. In order to provide an estimate of the property based on an … was not entitled to relief. Plaintiff appealed from the order the judge entered following his decision. 7 … its own judgment to valuation data submitted by experts in order to arrive at true value." Glenpointe Assoc., 241 N.J. …
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… "No. I'm off duty." Zeigler then called the Fraternal Order of Police ("FOP") president, advising him of the … judgment. In a succinct oral decision, followed by an order entered on August 26, 2016, the Law Division judge … and that the moving party is entitled to a judgment or order as a matter of law"). See also Henry v. N.J. Dep't of …
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… Fox's phone in October 2015; and the issuance of a wiretap order to intercept Fox' telephone communications for twenty … of the [GGNTF]."2 The judge entered a memorializing order and this appeal followed.3 On appeal, defendant … and detain the occupants on less than probable cause in order to investigate suspicious conduct. State v. Stovall, …
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… Defendant Jamil Parson appeals the June 23, 2016 order denying his petition for post-conviction relief (PCR). … OUTSIDE THE SCOPE OF THE TIME SET FORTH IN THE WARRANT. In order to prevail, a defendant must first show the failure of … would have been different absent the excludable evidence in order to demonstrate actual prejudice.'" State v. Johnson, …
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… defendant's petition, without an evidentiary hearing, by order dated June 24, 2016, and issued a seventeen-page … Supreme Court in State v. Fritz, l05 N.J. 42, 49 (l987). In order to prevail on a claim of ineffective assistance of … or in proximity to public housing. See id. at 311-12 ("In order for a claim of ineffective assistance of counsel to …
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… defendant Simon Zarour appeals from a November 21, 2014 order, striking his answer and affirmative defenses, deeming … for entry of final judgment; a November 21, 2014 order, denying his motion to dismiss the complaint filed by … defenses. We disagree. We review a trial court's discovery order under an abuse of discretion standard. State in the …
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… denied both in written opinions accompanied by conforming orders. These appeals, which we now consolidate for purposes … 7 A-3198-15T4 merits of the petition. Because we affirm the order denying defendant's PCR petition, we need not address … underlying appellate review that 'appeals are taken from orders and judgments and not from opinions . . . or reasons …
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… Health System (Atlantic) appeals from a November 2, 2016 order of the Division of Workers' Compensation NOT FOR … work. Ms. Munch's diagnosis of [p]ost traumatic stress disorder which occurred secondary to her work related trauma on … the judge indicated that he was inclined to enter an order requiring Atlantic to provide temporary disability …
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… trial court's legal conclusions. Accordingly, we affirm the order of summary judgment. Plaintiff commenced this action … from the southeast corner of 13th Street and Haven Avenue border the Condominium buildings, which front on Haven … form of home ownership. Appellate courts "review[] an order granting summary judgment in accordance with the same …
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… PER CURIAM Plaintiff Louella Frison appeals from two orders granting summary judgment; one in favor of the … Upon completion, the judge granted both motions by orders dated September 9, 2016. This appeal followed. On … and that the moving party is entitled to a judgment or order as a matter of law.'" Town of Kearny v. Brandt, 214 …
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… brief). PER CURIAM Defendant Markel Fowlkes appeals from an order entered by the Law Division on December 1, 2016, which … sentence oral argument calendar. R. 2:9-11. We entered an order dated April 17, 2012, affirming the sentence. … but for counsel's alleged errors. The judge entered an order dated December 1, 2016, denying PCR. This appeal …
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… was also the trial judge, denied defendant's petition by order filed on October 13, 2016. Judge Paone determined … our Supreme Court in State v. Fritz, l05 N.J. 42 (l987). In order to prevail on a claim of ineffective assistance of … further argues that an evidentiary hearing should have been ordered so that trial counsel could have been questioned …
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… PER CURIAM Defendant M.C. appeals from a June 3, 2016 order terminating his parental rights to his daughter, D.C., … best interests test, N.J.S.A. 30:4C-15.1(a). However, we order a limited, expedited remand to the trial court, due to … as to his past conduct or the Division's past conduct. We order this remand reluctantly, bearing in mind that this …
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… the extent it insists the clear statutory authority for the ordering of refunds reposes solely, exclusively and … suggests we should now exercise original jurisdiction to order a refund. R. 2:10-5. We choose instead to remand … on remand depend upon the contents of the court's remand order, which the agency must obey precisely; to that extent …
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… child, I.C.K. Defendants agreed to comply with all court ordered services, find permanent housing and accept … in the breakup of the family. In February 2015, the court ordered that C.I. and T.K. be limited to seeing only three children at a time in order to prevent defendants from 7 A-4972-15T1 being …