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… Submitted November 18, 2020 – Decided Before Judges Alvarez and Geiger. On appeal from the New … Cannon noted that altered razors with exposed blades are commonly used as weapons in prisons and confiscated them. … purchased at the commissary is not controlling. In their original, unaltered state, the razors were legally …
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… Submitted October 19, 2020 – Decided Before Judges Messano and Smith. On appeal from the New Jersey Civil Service Commission, Docket No. 2013-618. Fusco & Macaluso Partners, … duties is less than adequate." Id. at 332 (alteration in original) (quoting N.J.S.A. 11A:1-2(c)). "Our laws, as they …
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… Submitted September 23, 2020 – Decided Before Judges Fuentes and Rose. On appeal from the Superior … twenty-year sentence he was serving in Pennsylvania. He becomes parole eligible on November 6, 2026. Defendant moved … in the defendant's health "since the time of the original sentence." Id. at 135-36. Following her review of …
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… Submitted October 24, 2019 – Decided September 9, 2020 Before Judges Suter and DeAlmeida. On appeal from the Superior … Plaintiff filed an Order to Show Cause and Verified Complaint in July 2016, seeking to enjoin defendant, as … to offend the interests of justice[.]" Ibid. (alteration in original) (quoting In re Trust Created By Agreement Dated …
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… Submitted May 28, 2020 – Decided June 29, 2020 Before Judges Haas and Enright. On appeal from the Superior … for the reasons expressed in Judge James J. McGann's comprehensive oral opinion of February 15, 2019. In 2010, … [State v. O'Neil, 219 N.J. 598, 611 (2014) (alteration in original) (citations omitted) (quoting Strickland v. …
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… Submitted June 2, 2020 – Decided July 14, 2020 Before Judges Fisher and Gilson. On appeal from the New Jersey Civil Service Commission, Docket No. 2019-253. Caruso Smith Picini PC, … considered for appointment.'" Id. at 44-45 (alteration in original) 6 A-1323-18T1 (quoting Nunan v. N.J. Dep't of …
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… Submitted June 1, 2020 – Decided July 10, 2020 Before Judges Rothstadt and Moynihan. On appeal from the … eluding, N.J.S.A. 2C:29-2(b) in exchange for the State's recommendation for an aggregate five-year prison sentence with … to -15,2 and entered a plea on May 8, 2017. Although he was originally scheduled to be sentenced on June 23, 2017, plea …
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… Submitted October 28, 2019 – Decided August 12, 2020 Before Judges Moynihan and Mitterhoff. On appeal from the … 25 request, and because plaintiff had an ethical duty to complete the particular matters it had been handling, it … which can be deduced therefrom," id. at 535 (alteration in original) (quoting Lanzet v. Greenberg, 126 N.J. 168, 174 …
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… Submitted October 14, 2020 – Decided Before Judges Fisher and Moynihan. On appeal from the Superior … v. Blake, 444 N.J. Super. 285, 294 (App. Div. 2016), we are compelled to reverse and remand this matter for an … as "UNLAW PURPOSE – FIREARMS" and "2C:39-4[a]" in both the original and final charges. We direct the trial court, on …
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… Argued October 3, 2019 – Decided October 24, 2019 Before Judges Fuentes, Mayer and Enright. On appeal from the New Jersey Civil Service Commission, Docket No. 2018-1233. Donald C. Barbati argued … N.J. Super. 409, 425 (App. Div. 2017) (second alteration in original) (quoting In re Carter, 191 N.J. 474, 484 (2007)). …
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… Submitted September 17, 2019 – Decided Before Judges Yannotti and Currier. On appeal from the … In a prior appeal, plaintiff contended defendant had not complied with the equitable distribution of his bank … 191 N.J. 240, 253-54 7 A-0214-18T2 (2007) (alteration in original) (quoting N.J. Div. of Youth & Family Servs. v. …
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… Plaintiff-Respondent, v. KB ELECTRIC SERVICES COMPANY, INC., and THE HARTFORD INSURANCE COMPANY, Third-Party Defendants. … is entitled to judgment as a matter of law. R. 1 The judge originally found that fact issues precluded summary judgment …
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… Submitted December 11, 2019 – Decided Before Judges Haas and Enright. On appeal from the Superior … a "probability sufficient to undermine confidence in the outcome" of the proceeding. [State v. O'Neil, 219 N.J. 598, 611 (2014) (alteration in original) (citations omitted) (quoting Strickland, 466 U.S. …
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… DOCKET NO. A-1897-18T4 ALLSTATE NEW JERSEY INSURANCE COMPANY, ALLSTATE INDEMNITY COMPANY, ALLSTATE NEW JERSEY … Argued December 2, 2019 – Decided Before Judges Fasciale and Mitterhoff. NOT FOR PUBLICATION … the interests of justice." Id. at 437-38 (alteration in original) (citation omitted). In addition, the judge made …
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… Submitted October 16, 2019 – Decided Before Judges Yannotti and Hoffman. On appeal from the … accident. He "dialed 911 and asked for an ambulance to come to [his] address." Defendant's trial counsel declined … State v. Marshall, 148 N.J. 89, 158 (1997) (alteration in original). Speculative assertions are insufficient to …
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… Submitted October 23, 2019 — Decided Before Judges Gooden Brown and Mawla. On appeal from the … Civil Part judgment following a bench trial, dismissing his complaint with prejudice NOT FOR PUBLICATION WITHOUT THE … to offend the interests of justice.'" Ibid. (alteration in original) (quoting Rova Farms, 65 N.J. at 484). In contrast, …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1562-18T1 440 COMPANY-CARRIAGE HOUSE, LP, Plaintiff-Respondent, v. ZONING BOARD OF ADJUSTMENT FOR THE BOROUGH OF PALISADES PARK, Defendant-Respondent, and … Twp. of Franklin, 233 N.J. 546, 558 (2018) (alteration in original) (quoting Grabowsky v. Twp. of Montclair, 221 N.J. …
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… Submitted September 10, 2019 – Decided Before Judges Yannotti and Hoffman. On appeal from the Board … the factual findings made in an 5 A-5650-17T2 unemployment compensation proceeding, the test is not whether [we] would come to the same conclusion if the original determination was [ours] to make, but rather …
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… Submitted September 9, 2019 – Decided Before Judges Rothstadt and Mitterhoff. On appeal from the … Weichert's assignee, Astoria Bank, filed a foreclosure complaint against plaintiff in February 2016. Plaintiff … Sav. Bank, S.L.A., 205 N.J. 150, 169 (2011) (alteration in original) (quoting In re Trust Created By Agreement Dated …
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… Argued September 23, 2019 – Decided October 2, 2019 Before Judges Fasciale and Moynihan. On appeal from the … practical effect eliminated yearly reviews of defendant's income, which plaintiff certified had been a struggle. … and equitable." Ibid. (citation omitted) (alteration in original). Here, defendant has not argued that the PSA is …