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… Submitted November 29, 2022 – Decided April 3, 2023 Before Judges Messano and Gummer. On appeal from the Superior … attempted-murder and aggravated-assault jury instructions, comments made by the assistant prosecutor in her summation, … mitigating factors were "non-existent" or in the sentence ultimately imposed. E. Given our above reasoning, …
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… Argued November 2, 2022 – Decided February 3, 2023 Before Judges Haas and Gooden Brown. On appeal from the Board … direct result of her December 1, 2015 injury and subsequent complications from surgery. Becan explained that Simpson was … ALJ's decision and "ma[de] additional findings of fact," ultimately concluding "that the objective medical evidence …
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… Argued December 21, 2022 – Decided January 6, 2023 Before Judges Mayer, Enright and Puglisi. NOT FOR PUBLICATION … a newborn is suffering from neonatal abstinence syndrome, commonly known as withdrawal. 5 A-2626-20 withdrawal … took the steps that it took." The judge found Maher-Morcos "ultimately approved" the Division's plan for removal, …
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… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS ESTATE OF RALPH SANDOR, by and through … JUL 12 2021 James J. Deluca, J.S.C. DECISION ON MOTION FOR SUMMARY JUDGMENT FILED BY WELLS FARGO CLEARING SERVICES, … were ultra vires. This is true and even if this court ultimately determines that the 2013 POA did not permit gift- …
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… opinion. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither … “unauthorized” insurance market. The nonadmitted market is comprised of two main types of unauthorized insurance … simply inapplicable to J&J.” Ibid. The Appellate Division ultimately declared itself “unable to conclude that the …
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… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS 1707 REALTY, LLC, Plaintiff, v. … in his capacity as a representative of Stalwart, for fraud relating to payment applications submitted at the … was initiated as four separate lien actions which were ultimately consolidated. By virtue of Plaintiff’s …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE TAX COURT … from $13.50 per square foot to $16.39 per square foot. He ultimately opined the following market gross rents for the …
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… opinion. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither … defendant spoke little English and stated that he was more comfortable with Spanish, Detective Richard Ramos assisted … adequately administered the Miranda warnings.” Ibid. Ultimately, in response to the “critical issue” of whether …
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… Argued February 26, 2018 – Decided Before Judges Ostrer and Rose. On appeal from Superior Court … or confinement element of kidnapping. Id. at 13. We commented that whether the trial and appellate counsel were … instructed Muniz to drive until they told him to stop; and ultimately got out at 36th Street. Torres I, slip op. at …
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… Argued April 18, 2018 – Decided July 9, 2018 Before Judges Alvarez, Nugent and Geiger. On appeal from the Public Employment Relations Commission, Docket No. IA-2016-003. Michael A. Bukosky … 34:13A-16.7(b). We are unpersuaded by this argument. Ultimately, the Court's holding in Cty. of Atl. was premised …
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… Submitted December 12, 2017 – Decided Before Judges Yannotti and Leone. On appeal from the New Jersey Civil Service Commission, Docket Nos. 2012-950 and 2013-83. Stuart Ball, … Torsiello had ample time to examine the evidence before his ultimate departmental hearing in January 2014, where he had …
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… Submitted July 18, 2017 – Decided May 25, 2018 Before Judges Ostrer and Leone. On appeal from Superior Court … the males to "freeze" and "stop," but the males ignored the commands. 3 The police were not able to recover any video … Benedict interviewed." That remains true though the jury ultimately acquitted defendant of burglary under the "proof …
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… OF RONALD AVELLA, PATRICK AVELLA, and ANTHONY BIVIANO, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … On February 16, 2012, Biviano filed in Bergen County a complaint as executrix of the Estate, individually and on … settlement agreement. As the trial court found, the funds ultimately deposited in the escrow account were "those that …
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… the Court. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither … $100,000, notwithstanding a jury verdict. Ferrante did not communicate this agreement or the trial itself to NJM, … favors” subrogation as “a device of equity to compel the 13 ultimate discharge of an obligation by the one who in good …
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… the Court. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither … according to defendants, indicates that Atwood did not commit any motor vehicle violation. After Sergeant Miick … to proceed with the initial burden because the police ultimately obtained a search warrant. The trial court denied …
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… Argued March 7, 2017 – Decided Before Judges Fisher, Ostrer and Leone. On appeal from … did not want to "drive with it." Malaker texted she felt uncomfortable "doing it" in front of others, and asked if she … Included among Dr. DiCarlo's readings was Dr. Peacock's ultimate conclusions as to cause and manner of death. Ibid. …
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… Submitted January 9, 2018 – Decided Before Judges Yannotti and Mawla. On appeal from Superior … Thereafter, the court filed an order denying PCR. In an accompanying statement of reasons, the court found that … Id. at 688. The defendant is required to overcome the strong presumption that counsel exercised …
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… Defendant-Appellant. Submitted October 23, 2017 – Decided Before Judges Accurso, O'Connor and Vernoia. On appeal from … 2C:21-25(b)(2); two counts of second-degree conspiracy to commit theft, N.J.S.A. 2C:5-2(a); third-degree uttering a … from the timesheets, which was forwarded to defendant and ultimately sent to headquarters for payment. After Express …
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… * NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE … all inferences in favor of the non-movant, whereas, the “ultimate factfinder may pick and choose inferences from the …
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… Submitted September 20, 2017 – Decided Before Judges Simonelli and Rothstadt. On appeal from Superior … PER CURIAM A jury convicted defendant Carlos Rojas of committing first- degree aggravated manslaughter, N.J.S.A. … defendant's residence and questioned him about Hernandez. Ultimately, they transported defendant to the police station …