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… Argued May 2, 2022 – Decided June 30, 2022 Before Judges Fisher and Smith. On appeal from the New Jersey … Police (NJSP), appeals the Attorney General's denial of a recommendation for his promotion to lieutenant. Allen, now … 463 N.J. Super. 128, 136 (App. Div. 2020) (alteration in original) (citations omitted). 2 We consider only the issue …
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… Submitted April 25, 2022 – Decided June 24, 2022 Before Judges Messano and Enright. On appeal from the Superior … assistance (IAC) because he failed to adequately communicate with defendant and failed to file a motion, … State v. Gaitan, 209 N.J. 339, 351 (2012) (alteration in original) (quoting State v. Nuñez- Valdéz, 200 N.J. 129, 139 …
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… Argued March 31, 2022 – Decided June 16, 2022 Before Judges Mitterhoff and Alvarez. On appeal from the … are so manifestly unsupported by or inconsistent with the competent, relevant and reasonably credible evidence as to … prove 'changed circumstances[.]'" Id. at 536 (alteration in original) (quoting Lepis v. Lepis, 83 N.J. 139, 157 (1980)). …
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… Submitted November 1, 2021 – Decided December 10, 2021 Before Judges Sabatino and Rothstadt. On appeal from the … issued an order denying defendant's petition, as well as a comprehensive fourteen-page written decision setting forth … information' from his plea counsel") (alteration in original) (quoting State v. Gaitan, 209 N.J. 339, 351 …
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… Argued December 9, 2021 – Decided January 20, 2022 Before Judges Alvarez and Haas. On appeal from the Superior … affirm. The procedural history in this case mandates the outcome. On May 1, 2019, plaintiff filed a complaint against … failed to request an extension of discovery within the original discovery period is provided; and (4) the …
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… Submitted November 10, 2021 – Decided February 28, 2022 Before Judges Fuentes and Gummer. On appeal from the Board of … long time. It's a very hard thing to do but we had no income except for mine and . . . it wasn’t making the bills. … an appellate court would come to the same conclusion if the original determination was its to make, but rather whether …
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… Argued November 3, 2021 – Decided April 13, 2022 Before Judges Fisher and Smith. On appeal from the Superior … property, and then served Adar Aleph with the summons and complaint. Adar Aleph failed to file an answer and default … v. Perillo, 48 N.J. 334, 341 (1966)) (second alteration in original). III. We do not address TDJP's argument on appeal …
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… NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0820-20 DREW BRADFORD, Plaintiff-Appellant, v. JENNIFER LEVEY, … of emotional distress (IIED) count of his third amended complaint against defendant Jennifer Levey; and (2) motions … 20, 2020. Retaining the same four counts as plaintiff's original complaint, the third amended complaint redacted all …
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… Argued March 3, 2022 – Decided March 14, 2022 Before Judges Alvarez and Haas. On appeal from the Superior … and Spine Institute, Inc., that prevented Avhad and her company from working within a ten-mile radius of Elkholy's … 6 A-2261-20 should not issue." Ibid. (emphasis in original) (citing R. 4:52-1 and -2; Solondz v. Kornmehl, 317 …
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… Submitted February 9, 2022 – Decided May 25, 2022 Before Judges Gooden Brown and Gummer. On appeal from the … are 'so manifestly unsupported by or inconsistent with the competent, relevant and reasonably credible evidence as to … Spangenberg, 442 N.J. Super. at 536 (alterations in original) (quoting Flagg v. Essex Cnty. Prosecutor, 171 N.J. …
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… Submitted February 3, 2022 – Decided May 13, 2022 Before Judges Mawla and Mitterhoff. On appeal from the … did not settle. On January 20, 2017, plaintiffs filed a complaint against defendants alleging: 1) breach of … 428 N.J. Super. 315, 319 (App. Div. 2012) (alteration in original) (quoting U.S. Bank Nat'l Ass'n v. Guillaume, 209 …
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… Submitted April 5, 2022 – Decided May 6, 2022 Before Judges Currier and Berdote Byrne. On appeal from the … relied on Miller v. Alabama,2 State v. Zuber,3 and State v. Comer,4 in asserting his sentence constituted a cruel and … trial court would have discretion to affirm or reduce the original base sentence within the statutory range, and to …
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… Submitted March 30, 2022 – Decided April 27, 2022 Before Judges Gooden Brown and Gummer. On appeal from the … to ask why she was not on the work schedule for the upcoming week. Ocasio told her she was responsible as the … an appellate court would come to the same conclusion if the original determination was its to make, but rather whether …
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… DIVISION DOCKET NO. A-1559-18 IN THE MATTER OF THE REQUEST FOR EMERGENCY AID SUBMITTED BY THE BOARD OF EDUCATION OF THE … Fuentes, Haas, and Enright. On appeal from the New Jersey Commissioner of Education. Fogarty & Hara, attorneys for … Financial Report (CAFR) and from the district's 2018-2019 original budget certified for taxes." Based on these data, …
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… Argued October 20, 2021 – Decided November 12, 2021 Before Judges Hoffman, Geiger, and Susswein. NOT FOR … for the reasons set forth in Judge Francine I. Axelrad's comprehensive oral decision. We add the following comments. … 217 N.J. 527, 554 (2014) (citation omitted) (alteration in original). The Division must prove by clear and convincing …
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… DOCKET NO. A-2191-18 U.S. BANK TRUST, N.A., as Trustee for LSF9 Master Participation Trust, Plaintiff-Respondent, … claim of predatory lending or fraud, were supported by competent evidence. Instead, the court found that all those … the foreclosure action. Defendant also asserts that his original loan was the result of predatory lending or fraud. …
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… Submitted October 7, 2021 – Decided October 20, 2021 Before Judges Alvarez and Haas. On appeal from the Superior … defendant Thompson was not a viable alibi witness and recommended not calling her at trial. Morasse explained that … which a reviewing court cannot enjoy." Ibid. (alteration in original) (quoting Robinson, 200 N.J. at 15). 8 A-1472-19 …
njcourts.gov
… Submitted April 12, 2021 – Decided May 6, 2021 Before Judges Messano and Suter. On appeal from the New Jersey … Petitioner alleged he recently purchased the items at the commissary and would provide the receipts when he could copy … in the record as a whole.'" Id. at 202 (alteration in original) (quoting Stallworth, 208 N.J. at 194). We are not, …
njcourts.gov
… Submitted April 13, 2021 – Decided May 5, 2021 Before Judges Yannotti and Haas. On appeal from the Board of … to his car, and he was living too far from Toms River to commute. He also stated that he could not afford to commute … not whether [we] would come to the same conclusion if the original determination was [ours] to make, but rather …
njcourts.gov
… Argued April 22, 2020 – Decided April 30, 2021 Before Judges Fuentes, Mayer and Enright. On appeal from the … motions for summary judgment and dismissed plaintiff's complaint based on his inability to describe what caused him … November 22, 2017. The 7 A-4503-18 discovery-end-date was originally established on April 24, 2019, and the parties …