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… Submitted October 1, 2018 – Decided October 9, 2018 Before Judges Sabatino and Haas. On appeal from Superior Court … prison term, and PSL. The judge also ordered defendant to comply with all applicable Megan's Law reporting … contention that he could not have earlier challenged his original sentence to PSL or the Parole Board's later rulings …
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… telephonically February 15, 2019 – Decided April 1, 2019 Before Judges Gilson and Natali. On appeal from Superior Court … alimony was based on "the imputation of a gross earned income of $450,000 to Husband and $50,000 to Wife." The MSA … modify or terminate alimony. First, if the parties had originally agreed to the amount and conditions of alimony, …
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… Argued May 2, 2017 – Decided Before Judges Koblitz and Rothstadt. On appeal from Superior … 245 N.J. Super. at 447 (second and third alterations in original).] Once police had knowledge that defendant, and … the trial court in its oral decision. We add the following comments. An investigatory stop "occurs during a police …
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… Argued October 31, 2016 – Decided Before Judges Nugent and Haas. On appeal from Superior Court … (PARTIALLY RAISED BELOW) POINT II THE PLEA TO CONSPIRACY TO COMMIT AGGRAVATED ASSAULT CONSTITUTED AN IMPROPER AMENDMENT … the defendant is exposed is considered a continuation of original jeopardy, which was not terminated by the …
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… on June 12, 2017 – Decided September 8, 2017 Before Judges Koblitz, Rothstadt and Sumners. On appeal from … of the Freeze Act when a municipality conducts a "complete reassessment or complete revaluation" of all … 405 N.J. Super. 235, 243 (App. Div. 2009) (alteration in original) (citations omitted). "Although the Tax Court's …
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… Submitted October 25, 2017 – Decided Before Judges Alvarez and Geiger. On appeal from Superior … 13, 2000. On December 10, 2001, the parties entered into a comprehensive property settlement agreement (PSA). They were … would incur less costs than a County College. [Emphasis in original.] The judge denied defendant's application to …
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… AND INFORMATION BECAUSE SUPPRESSION OF ALL INTERCEPTED COMMUNICATIONS WAS REQUIRED AFTER THE COURT FOUND A … question his client. I'll allow him to do that. You can revisit the issue. REDIRECT EXAMINATION BY [DEFENSE COUNSEL]: … to be served[.] [Ibid. (second and third alterations in original) (citing N.J.S.A. 2C:44-5(b)).] "The credit awarded …
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… GARY M. LANIGAN, and THE NEW JERSEY STATE PAROLE BOARD, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … (PSL). In 2013, the NJSPB revoked his parole for failing to complete community service, for using an electronic device … 160 L. Ed. 2d 621, 650 (2005). PSL is part of a defendant's original sentence. PSL mandates lifetime parole supervision, …
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… Submitted September 11, 2017 – Decided Before Judges O'Connor and Vernoia. On appeal from the … S.D. understood was defendant's home, she and her brother accompanied defendant to the front door, where they were let … State v. McGraw, 129 N.J. 68, 80 (1992) (alteration in original). We evaluate a claim of prejudice "'in light of …
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… Argued December 18, 2018 – Decided January 28, 2019 Before Judges Fisher and Firko. On appeal from Superior Court … court's order granting summary judgment dismissal of her complaint alleging gender discrimination, hostile work … time period." [Shepherd, 174 N.J. at 21 (alteration in original) (quoting Morgan, 536 U.S. at 117).] The continuing …
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… Submitted March 14, 2017 – Decided Before Judges Fisher and Leone (Judge Fisher concurring). On … supra, 221 N.J. at 57-59. A. Plaintiff argued Bergman committed legal malpractice in valuing the case at $200,000. … was fair or not."1 Thus, Ambrosio "completely abandoned his original opinions concerning [the] deviation from the . . . …
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… Submitted January 18, 2017 – Decided Before Judges Yannotti and Gilson. On appeal from the Superior … 587) appeal from a March 4, 2015 order dismissing their complaint in lieu of prerogative writs challenging … County of Essex, 197 N.J. 627, 645 (2009) (alterations in original) (quoting In re Adoption of Baby T., 160 N.J. 332, …
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… Submitted March 21, 2017 – Decided Before Judges Fasciale and Gilson. On appeal from Superior … v. Cain, 224 N.J. 410, 421 (2016) (first alteration in original).] Expert testimony in drug cases is allowable. Id. … at 429. In that regard, the Court has explained: We have come to the conclusion that an expert is no better qualified …
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… Argued December 21, 2016 Before Judges Alvarez, Higbee and Manahan. Telephonically … Corporation appeal from a summary judgment dismissing their complaint against defendant Joseph Peterson, as well as … and its customers. It is further undisputed that the original freight charges owed by Banfield to Direct totaled …
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… Argued January 11, 2017 – Decided Before Judges Accurso and Manahan. On appeal from Superior … remand for a new trial. Alessi and co-worker, Philip Izzo, commenced a dating relationship in 2011. At the time, Izzo … State v. Dickey, 152 N.J. 468, 475 (1998) (alteration in original) (citation omitted). As Dickey noted, "[t]emporary …
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… DOCKET NO. A-5620-14T3 JERSEY CENTRAL POWER & LIGHT COMPANY, Plaintiff-Appellant, v. HAROLD A. PONTECORVO and … Argued March 2, 2017 - Decided June 9, 2017 Before Judges Lihotz and Hoffman. On appeal from Superior … which was struck by defendant's vehicle, "because the [original] pole [wa]s falling over." Urzua agreed the …
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… Submitted February 6, 2018 – Decided Before Judges Carroll and Mawla. On appeal from Superior Court … whether to hold an evidentiary hearing on a PCR petition is committed to the sound discretion of the PCR judge. State v. … assistance . . . .'" Fritz, 105 N.J. at 52 (alteration in original)(quoting Strickland, 466 U.S. at 688-89). "To rebut …
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… we affirm. I. On November 12, 2014, plaintiff filed a complaint in the Law Division, alleging that on December 26, … his housing complex reasonably safe for known or expected visitors. However, that duty is to act reasonably under the … or be formed thereon . . . ." Id. at 396 n.3 (alteration in original). The Court observed that this time "may be some …
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… Argued January 10, 2018 – Decided Before Judges Koblitz, Manahan, and Suter. On appeal from … the implantation of this medical device caused multiple complications that required extensive medical care, … Dr. Galloway offered no criticisms of the 3DMax used in the original hernia repair and stated he did not believe that …
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… in her capacity as City Clerk and Custodian of Records for the City of Clifton, Defendants-Respondents. … appeals from an October 25, 2016 order dismissing its complaint against defendant City of Clifton and its … agency policies.'" Id. 12 A-1469-16T4 at 138 (alteration in original) (quoting Integrity, 165 N.J. at 84-85). Here, all …