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… Submitted May 17, 2017 – Decided July 20, 2017 Before Judges Fuentes and Farrington. On appeal from the … was convicted in the Howell Municipal Court of operating a commercial vehicle with a gross weight in excess of the … of [N.J.S.A.] 39:3-20e, and he will also have to pay the originally imposed court costs of $33. Defendant now appeals …
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… Submitted July 6, 2017 – Decided July 19, 2017 Before Judges Yannotti and Haas. On appeal from the New Jersey … belongings and move to a different cell. Dixon refused to comply with this order and stated, "I'm not going to double … 382 N.J. Super. 18, 23 (App. Div. 2005) (alteration in original) (quoting Henry v. Rahway State Prison, 81 N.J. …
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… Argued telephonically November 3, 2016 – Decided Before Judges Koblitz and Sumners. On appeal from Superior … aggregate period of four years on probation. Sometime after completing his probation, defendant was apprehended by the … v. Nuñez-Valdéz, 200 N.J. 129, 139 (2009) (alteration in original) (quoting State v. DiFrisco, 137 N.J. 434, 457 …
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… Argued November 2, 2016 – Decided Before Judges Fuentes, Carroll and Gooden Brown. On appeal … order of the Law Division dismissing his legal malpractice complaint for failure to comply with the requirements of the … Michelson, alleging professional malpractice. Plaintiff originally hired Michelson to submit an expert report in …
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… Argued May 4, 2017 – Decided June 12, 2017 Before Judges Whipple and Mawla. On appeal from Superior Court … PTI, and on or about July 8, 2015, Essex County Probation recommended her for admission. However, the prosecutor … State v. Wallace, 146 N.J. 576, 582 (1996) (alteration in original) (quoting State v. Leonardis, 73 N.J. 360, 382 …
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… Submitted February 7, 2018 – Decided Before Judges Koblitz and Suter. On appeal from Superior Court … State v. Gaitan, 209 N.J. 339, 351 (2012) (alteration in original) (quoting State v. Nunez-Valdez, 200 N.J. 129, 139 … offer to 7 A-3249-16T1 plead guilty in exchange for a recommended sentence of seventeen years on both Counts One and …
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… MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., AS NOMINEE FOR RBS CITIZENS, NA; MORTGAGE ELECTRONIC REGISTRATION … and denied her cross-motion to dismiss the foreclosure complaint. We affirm both orders. In September 2006, Hani Y. … plaintiff to reinstate the loan, believing that it was the "original [m]ortgage that was signed in 2003 at the time we …
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… Submitted December 7, 2017 – Decided Before Judges Simonelli and Rothstadt. On appeal from Superior … the Jones home, who bore no familial relationship, filed a complaint with the police that accused defendant of entering … which a reviewing court cannot enjoy." Ibid. (alteration in original) (quoting Robinson, 200 N.J. at 15). We do not, …
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… Submitted February 6, 2018 – Decided Before Judges Reisner and Hoffman. On appeal from the Division … would result 1 A representative of Future Care Consultants completed A.D.'s Medicaid application. The Board addressed … 412 N.J. Super. 340, 349 (App. Div. 2010) (alteration in original) (quoting In re Arenas, 385 N.J. Super. 440, 443-44 …
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… Submitted January 29, 2018 – Decided Before Judges Messano and O'Connor. On appeal from Superior … County, Indictment No. 05-09-0820. Eric M. Mark, attorney for appellant. Robert D. Laurino, Acting Essex County … v. Nuñez-Valdéz, 200 N.J. 129, 139 (2009) (alteration in original) (quoting State v. DiFrisco, 137 N.J. 434, 457 …
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… Submitted February 13, 2018 – Decided Before Judges Yannotti and Mawla. On appeal from Superior … CitiMortgage, Inc. (CitiMortgage), filed a foreclosure complaint on the property. Charles C. Sherman, Willa Mae's1 … Ins. Co. of Am., 65 N.J. 474, 483-84 (1974) (alteration in original) (quoting Greenfield v. Dusseault, 60 N.J. Super. …
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… Submitted February 13, 2018 – Decided Before Judges Fasciale and Sumners. On appeal from the Board … of Treasury, TPAF No. 398307. Bergman & Barrett, attorneys for appellant (Michael T. Barrett, of counsel and on the … financial integrity of the [f]und.'" Ibid. (alterations in original) (quoting Chaleff v. Teachers' Pension & Annuity …
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… December 4, 2017 – Decided January 16, 2018 Before Judges Fasciale and Sumners. On appeal from the Division of Workers' Compensation, Claim Petition No. 1999-12455. Alan T. … N.J. Super. 79, 87 (App. Div. 2008) (second alteration in original) (quoting Tlumac v. High Bridge Stone, 187 N.J. …
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… Argued December 21, 2017 – Decided Before Judges Haas and Gooden Brown. On appeal from Superior … Indictment No. 06-10-1770. John V. Molitor argued the cause for appellant. Jennifer E. Kmieciak, Deputy Attorney … Ibid. [Porter, 216 N.J. at 355 (first alteration in original).] Moreover, the testimony of an alibi witness, …
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… Submitted May 6, 2019 – Decided May 22, 2019 Before Judges Messano and Gooden Brown. On appeal from … manslaughter, N.J.S.A. 2C:11-4(b)(1). The State agreed to recommend a ten-year term of imprisonment, subject to the No … 1 The reason for our remand, and the correction of the original sentence, are immaterial to the issues on appeal. …
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… PIROZZI GENERAL CONTRACTING, LLC and UNITED STATES SURETY COMPANY, Plaintiffs-Appellants, v. COUNTY OF CUMBERLAND, … Submitted May 7, 2019 – Decided May 21, 2019 Before Judges Fisher and Enright. On appeal from Superior … N.J. Super. 344, 354 (App. Div. 2009) (second alteration in original) (quoting Jersey City Educ. Ass'n v. Bd. of Educ. …
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… Submitted December 21, 2016 – Decided Before Judges Alvarez and Manahan. On appeal from Superior … (counts one and five); third-degree conspiracy to commit theft, N.J.S.A. 2C:5-2 and 2C:20-3a (count two); … 146 N.J. 576, 5 A-0739-15T4 582 (1996) (alteration in original) (quoting Leonardis, supra, 73 N.J. at 382); accord …
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… Submitted June 6, 2017 – Decided Before Judges Gilson and Sapp-Peterson. On appeal from the New Jersey Civil Service Commission, Docket No. 2015-1715. Kamensky, Cohen & … to one's sense of fairness."'" Id. at 28-29 (alteration in original) (quoting In re Polk, 90 N.J. 550, 578 (1982)). …
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… Argued June 6, 2022 – Decided July 12, 2022 Before Judges Rothstadt, Mayer and Natali. On appeal from the … conviction and aggregate sixty-two-year sentence for having committed "four counts of first- degree attempted murder and … considered by the [c]ourt in its denial of [d]efendant's original PCR [petition]." Next, the judge concluded that …
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… Argued May 5, 2022 – Decided May 18, 2022 Before Judges Haas and Mitterhoff. On appeal from the Superior … job "to determine if [d]efendant . . . was negligent in complying with that duty." On June 4, 2021, the jury … differ, the motion must be denied[.]" Ibid. (alteration in original) (quoting Verdicchio v. Ricca, 179 N.J. 1, 30 …