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njcourts.gov
… Submitted September 16, 2020 – Decided Before Judges Vernoia and Enright. On appeal from the Superior … 2C:24-4(a)(2) (count four); and second-degree conspiracy to commit burglary, N.J.S.A. 2C:5-2(a)(1) (count five). The … and instead, "was just walking like everything was fine." Ultimately, no witness testified the dog alerted police …
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njcourts.gov
… Submitted August 25, 2020 – Decided Before Judges Geiger and Mitterhoff. On appeal from the … Defendant was born and raised in Haiti and has limited command of the English language. Due to difficulties in … alleged in the light most favorable to the defendant, will ultimately succeed on the merits." Ibid. "A court shall not …
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njcourts.gov
… Argued December 9, 2019 – Decided Before Judges Ostrer and Susswein. On appeal from the Superior … 37. She appeals from the trial court's order dismissing her complaint in lieu of prerogative writs. Renewing arguments … twenty-percent coverage that is permitted. The Board ultimately granted AutoZone a variance that permitted it to …
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njcourts.gov
… was denied basic due process in the court's suspension and ultimate termination of her alimony, we reverse the orders … children and others, defendant alleged plaintiff had become engaged and resigned from her teaching position; was … countered that plaintiff had offered no justification to revisit alimony or child support. Defendant opposed oral …
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njcourts.gov
… Submitted February 26, 2019 – Decided July 18, 2019 Before Judges Rothstadt and Natali. On appeal from the … 2015 guilty plea to one count of third-degree conspiracy to commit theft, N.J.S.A. 2C:5-2(a)(1), N.J.S.A 2C:20-3(a). The … with Riley's services. She also understood that it was ultimately the judge's decision as to what the punishment …
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njcourts.gov
… Argued September 22, 2020 – Decided Before Judges Gilson, Moynihan, and Gummer. On appeal from the … November 12, 2020 2 A-1039-19T1 This appeal arises out of a commercial dispute concerning the development of software … majority of the shares of Genesis Global and had been the ultimate corporate parent of BBQ USA. We affirm all the …
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njcourts.gov
… Submitted April 21, 2020 – Decided May 22, 2020 Before Judges Yannotti, Currier and Firko. On appeal from the … Defendant was convicted of second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1(b); … addressed on the merits, and rejected on direct appeal. Ultimately, the PCR court concluded defendant failed to …
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njcourts.gov
… telephonically March 24, 2020 – Decided May 12, 2020 Before Judges Fisher, Gilson and Rose. On appeal from the … the tort claims notice. H.C. argues that it substantially complied with the TCA notice requirement by sending a series … be reinstated. In remanding, we express no view on the ultimate validity of H.C.'s tort claims. In that regard, we …
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njcourts.gov
… Submitted July 9, 2018 – Decided July 24, 2018 Before Judges Carroll and Rose. On appeal from Superior Court … to the Attorney General's Brimage1 Guidelines, and recommend that defendant be sentenced to a non-custodial term … were contradicted by his testimony during the plea hearing. Ultimately, the judge found "[defendant's] testimony that he …
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njcourts.gov
… Argued May 31, 2018 – Decided Before Judges Haas, Rothstadt, and Gooden Brown. On appeal … break in service, he resumed employment with PCSD, ultimately holding a PFRS-eligible position without … substantially for the reasons expressed in the Board's comprehensive decision. As background, a PFRS member cannot …
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njcourts.gov
… No. 3-10-049816. Patrick P. Toscano, Jr., argued the cause for appellant (The Toscano Law Firm, LLC, attorneys; Patrick … Detective Bureau responded, and his injury report was ultimately filed internally within the Detective Bureau, not … he disregarded Roberson's directive not to file a workers' compensation claim for the injury. Toops explained that he …
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njcourts.gov
… Submitted March 8, 2018 – Decided July 12, 2018 Before Judges Haas and Gooden Brown. On appeal from Superior … denied, juvenile Z.M., born in June 2000, pled guilty to committing acts of delinquency which, if committed by an … room where he was originally located" and the weapon was ultimately found "in a pillow," rather than in plain view as …
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njcourts.gov
… Submitted February 26, 2018 – Decided NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … his answer and affirmative defenses to the third-party complaint pursuant to Rule 4:23-2(b), and a February 5, 2016 … provide or permit discovery." In its consideration of the ultimate sanction of striking a pleading, a judge must weigh …
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njcourts.gov
… Submitted February 12, 2018 – Decided Before Judges Messano, Accurso, and DeAlmeida. On appeal from … Robert Nobilini, Ph.D., as a net opinion, and the judge committed additional error by permitting Nobilini to testify … the motion, reasoning: 9 A-4407-15T1 [T]he question is, ultimately, did Dr. Nobilini say anything other than it's …
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njcourts.gov
… DOVER WOODS HEALTHCARE CENTER and EREZ HEALTHCARE REALTY COMPANY, LLC, Defendants-Respondents. … ________________________________ NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … December 23, 2013 order. The record does not reflect the ultimate disposition of that count of the complaint. 8 …
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njcourts.gov
… International, Inc. (Landlord), for the balance due under a commercial lease, but denied Landlord's claim for counsel … breakage, leakage or obstruction of the water, plumbing, steam, sewer . . . resulting from the carelessness, … Tenant claimed she built new rooms in the rental space and ultimately spent seven months and more than $100,000 making …
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njcourts.gov
… Argued November 27, 2017 – Decided Before Judges Accurso, O'Connor and Vernoia. On appeal from … points for our consideration: POINT I: THE TRIAL COURT COMMITTED REVERSAL [SIC] ERROR BY ALLOWING THE STATE TO … just noted, the crime with which defendant was indicted and ultimately convicted is one that is expressly set forth in …
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njcourts.gov
… Submitted March 3, 2020 – Decided April 14, 2020 Before Judges Yannotti and Currier. On appeal from the … to walk away and heard Matlosz tell defendant he had to come with him. According to the witness, defendant said, "oh … alleged in the light most favorable to the defendant, will ultimately succeed on the merits." R. 3:22- 10(b). 12 …
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njcourts.gov
… (8) the court refer Mabel's attorney to the Attorney Ethics Committee for disciplinary action and to the Monmouth County … That circumstance alone shows that this was a request to revisit the previous order. See Baumann v. Marinaro, 95 N.J. … raised in [his] first motion months prior to this order." Ultimately, Judge Kondrup-Coyle embraced Judge McGann's …
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njcourts.gov
… Court March 13, 2020 Resubmitted March 13, 2020 - Decided Before Judges Hoffman, Currier and Firko. On appeal from the … "The record indicates defendant was made aware of T.E.'s command auditory hallucinations that involved violence … and the relationships between or among, the parties, and, ultimately, based on considerations of public policy and …