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… Submitted November 10, 2022 – Decided December 12, 2022 Before Judges DeAlmeida and Mitterhoff. On appeal from the New … final decision imposing disciplinary sanctions on him for committing prohibited act .053, indecent exposure, in … stroking his erect penis. After allegedly refusing to comply with Sanchez's orders to stop and go to his bunk, …
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… Submitted September 28, 2022 – Decided October 27, 2022 Before Judges Mawla and Marczyk. On appeal from the Superior … on 364 days in jail. Defendant was also sentenced to community supervision for life (CSL). Defendant was … with the OPD agreement] where defendant had already completed his term of imprisonment." The court amended the …
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… Argued October 6, 2022 – Decided October 13, 2022 Before Judges Haas and DeAlmeida. On appeal from the New … The Board conducted a multi-day hearing, and issued a comprehensive thirty-two page written decision. The history … in attorneys' fees. 2 This statute states that a person commits a crime of the third-degree if he photographs or …
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… JUSTIFICATION - SELF DEFENSE … USE OF FORCE IN DEFENSE OF PERSONAL PROPERTY … ( … N.J.S.A. … … that are moveable, temporary or consumable in nature, commonly known in the law as chattels. … In other words what … necessary to prevent that other person from attempting to commit a theft criminal mischief or other criminal …
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… NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE … of this court’s order denying defendant’s motion to compel more specific answers to its discovery demands on …
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… Submitted November 8, 2018 – Decided Before Judges Nugent and Mawla. On appeal from Superior Court … Gornowski summary judgment and dismissing plaintiff's complaint. We affirm. The following facts are taken from the … maintained in a safe manner. In his reply brief, plaintiff points to another unpublished decision where another panel …
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… Submitted October 4, 2018 – Decided Before Judges O'Connor and Whipple. On appeal from Superior … and one year suspended driver's license, in addition to accompanying fees. This appeal followed. Defendant raises the … N.J. 391, 419 (2004) (quoting Manalapan Realty, LP v. Twp. Committee, 140 N.J. 366, 378 (1995)). "Our courts have …
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… Submitted October 4, 2018 – Decided Before Judges O'Connor and Whipple. On appeal from Superior … not apply to some of the convictions, we vacated the NERA component of the sentence and remanded the matter for … at 687). To satisfy prong one, [a defendant] ha[s] to overcome a strong presumption that counsel exercised reasonable …
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… Submitted October 11, 2018 – Decided Before Judges Accurso and Vernoia. NOT FOR PUBLICATION WITHOUT … Unit (STU) where appellants are housed pursuant to civil commitments under the Sexually Violent Predator Act, … DOC "overstepped [its] official authority" and failed to comply with N.J.S.A. 30:4-27.34(c), which provides that …
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… Submitted September 17, 2018 – Decided Before Judges Messano and Gooden Brown. On appeal from … hearing. We affirm. Defendant was initially charged in a complaint-warrant with second- degree robbery, N.J.S.A. … days in the county jail as a condition of probation as recommended by the State under the terms of the plea …
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… Submitted September 20, 2018 – Decided Before Judges Fuentes and Vernoia. On appeal from Superior … for them. In June 2017, the Division filed a guardianship complaint seeking the termination of Kathy's parental rights … of the Division, and directing that Martin attend 2 The complaint also sought the termination of M.J. 's parental …
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… SMITH, OFFICER TRACEY, and CITY OF ATLANTIC CITY, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … force. The jury further determined that defendant Dabney committed an assault and battery against Jacques and used … the conviction would not be admissible. Following the completion of Cristobal's testimony, the trial judge …
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… Submitted September 12, 2018 – Decided Before Judges Sumners and Mitterhoff. On appeal from the Board … retirement (ADR) benefits by the amount of workers' compensation settlement proceeds he received after the … had distinct qualifying injuries for the ADR and workers' compensation settlement, we conclude the statute requires an …
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… Submitted September 13, 2018 - Decided Before Judges Koblitz and Mayer. On appeal from Superior Court … old, N.J.S.A. 2C:14-2(b). 3 A-0928-16T3 responses were compiled in a written transcript, with the English … specifically, defendant's videotaped interview and accompanying English translation of the interview, the judge …
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… Submitted April 9, 2018 – Decided Before Judges Accurso and O'Connor. On appeal from Superior … her request that defendant pay her the $5200 sanction. She points out defendant never stated in his certification or … court must be satisfied that the party had the capacity to comply with the order and was willfully contumacious."). If …
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… Argued June 5, 2018 – Decided Before Judges Fisher and Sumners. On appeal from the Tax Court … taxes with her monthly mortgage payments to her mortgage company, which sent the payments to the Township. 4 … the expertise of the [court] in this 'specialized and complex area.'" Advance Hous., Inc. v. Twp. of Teaneck, 215 …
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… Submitted April 23, 2018 – Decided Before Judges Accurso and O'Connor. On appeal from Superior … the May 28, 2017 order denying his motion to reinstate his complaint, which had been administratively dismissed … his patently unreasonable delay in moving to reinstate his complaint, we vacate both orders and remand for …
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… Submitted April 24, 2018 – Decided Before Judges Reisner and Hoffman. On appeal from the New Jersey Civil Service Commission, Docket No. 2015-1204. James B. Arsenault, County … from a March 21, 2016 final decision of the Civil Service Commission (Commission) reversing the action terminating the …
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… Begelman, Orlow & Melletz. We affirm. We consider the points of error 1 Formerly known as Begelman, Orlow & … to prevail only if he can show, in conformity with the common law authority dealing with lost wills, that the … judgment motion, this judge found that a jury could not revisit Melletz's entitlement to fees since other finders of …
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… Submitted April 9, 2018 – Decided Before Judges O'Connor and Vernoia. On appeal from Superior … to vacate a final judgment of foreclosure and dismiss the complaint. We affirm. I. In August 2005, defendant borrowed … payments. In July 2013, PNC Bank filed a foreclosure complaint. Defendant subsequently filed a contesting answer. …