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… Argued November 16, 2017 – Decided Before Judges Simonelli and Haas. On appeal from Superior … from the Law Division's June 7, 2016 order dismissing his complaint against defendants NOT FOR PUBLICATION WITHOUT THE … 172 N.J. 327, 339 (2002) 7 A-4889-15T4 (alteration in original) (quoting Nicosia v. Wakefern Food Corp., 136 N.J. …
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… Submitted October 31, 2017 – Decided Before Judges Reisner and Gilson. On appeal from Superior … from a July 10, 2015 order dismissing count one of his complaint with prejudice and dismissing count two without … complaint repeated the same vague allegations as the original complaint, without setting forth more specific …
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… to State v. Zuber, 227 N.J. 422 (2017). In order to comply with the mandates of Zuber, the trial judge will also … Because of that error, we found that the judge should revisit the Yarbough factors in resolving whether defendant's … efforts defendant may have engaged in since his original sentence, and sentence the person who stands before …
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… Argued October 2, 2017 – Decided Before Judges Messano and Vernoia. On appeal from the Board of … Richard Rosa, testified defendant suffered from severe tricompartmental arthritis in his left knee prior to the 2007 … an appellate court would come to the same conclusion if the original determination was its to make, but rather whether …
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… Submitted February 7, 2017 – Decided Before Judges Suter and Guadagno. On appeal from Superior … using drugs and started taking prenatal vitamins. DCPP's complaint filed under Title Nine, N.J.S.A. 9:1-1 to - 25, … v. Y.N., 220 N.J. 165, 170 n.5 (2014) (alteration in original) (quoting Taber's Cyclopedic Med. Dictionary 1158 …
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… Submitted September 18, 2017 – Decided Before Judges Sabatino and Whipple. On appeal from Superior … he had to quickly return upstairs when defendant caused a commotion in the kitchen. Sergeant Greenberg and the other … (quoting Robinson, supra, 200 N.J. at 15) (alteration in original). "To the extent that the trial court's …
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… FRANCINE GUDIN, Third-Party Plaintiff- Appellant, v. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … 3, 2013, plaintiff Francine Gudin filed a one- count complaint against 6108 Hudson Avenue, LLC, and David … a total of 120 days of additional discovery beyond the original May 21, 2015 DED, plaintiff's counsel had not …
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… OF NEW YORK MELLON, f/k/a THE BANK OF NEW YORK, AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF THE CWABS, … summary judgment in favor of plaintiff on its foreclosure complaint, and striking defendants' answer and … is the holder and owner of the note, and has possessed the original note and mortgage since April 23, 2014. Instead, …
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… Submitted September 12, 2017 – Decided Before Judges Reisner and Gilson. On appeal from the Superior … brief). PER CURIAM N.J.S.A. 2C:39-5(j) provides that the commission of certain weapons offenses by a person who has a … The State also urges us to exercise our discretionary original jurisdiction under Rule 2:10-5. In contrast to …
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… Argued September 14, 2017 – Decided Before Judges Simonelli, Haas and Rothstadt. On appeal from … entered after the Law Division accepted his guilty plea to committing violations of probation (VOP). Defendant … the substantial alternative sentence that was part of his original plea agreements. Other than addressing defendant …
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… act *.009, misuse and possession of an electronic communication device, N.J.A.C. 10A:4-4.1(a)(1)(v); and one … the cell phone provider, who was on his list of approved visitors. Our review of the confidential appendix … the new charge adjudicated at that time." Ibid. Heisler's original charge of *.306, which concerns "conduct which …
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… Submitted June 7, 2017 – Decided Before Judges Simonelli and Gooden Brown. On appeal from the … reviewing the factual findings made in an 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 June 6, 2017 – Decided Before Judges Reisner and Rothstadt. On appeal from the … Losada appeal from the Law Division's dismissal of their complaint on summary judgment entered in favor of defendant, … 417 N.J. Super. 309, 320 (App. Div. 2010) (alteration in original) (quoting Orzech v. Fairleigh Dickinson Univ., 411 …
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… Argued October 4, 2017 – Decided Before Judges Koblitz, Manahan and Suter. On appeal from Board … Byrd to refund $10,2901 in overpaid emergency unemployment compensation benefits. Byrd received these benefits in 2011 … Director to comply. Byrd suggests we should now exercise original jurisdiction to order a refund. R. 2:10-5. We …
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… Submitted January 9, 2018 – Decided Before Judges Fasciale, Sumners and Moynihan. On appeal from … do. Most concerning is the fact that the defendant father's complete lack of judgment comes just one day after a similar … N.J. Super. 142, 158 (App. Div. 2014) (second alteration in original) (citation omitted). N.J.S.A. 9:6-8.21(c)(4) …
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… Submitted March 21, 2018 — Decided Before Judges Fuentes and Koblitz. On appeal from Superior … 28, 2016 adjudication of delinquency for behavior which, if committed by an adult, would constitute fourth-degree … 449 N.J. Super. 460, 472 (App. Div. 2017) (alteration in original) (quoting State v. Locurto, 157 N.J. 463, 471 …
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… Submitted March 13, 2018 – Decided Before Judges Carroll and Mawla. On appeal from Superior Court … the time of the motion hearing. The parties entered into a comprehensive matrimonial settlement agreement (MSA), and … Gnall v. Gnall, 222 N.J. 414, 428 (2015) (alterations in original) (quoting Rova Farms Resort, Inc. v. Inv'rs Ins. …
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… Submitted January 29, 2018 – Decided Before Judges Accurso and O'Connor. On appeal from Superior … N.A. (Wells Fargo). In August 2012, Wells Fargo filed a complaint in foreclosure against Williams, as well as those … motion for reconsideration and refusing to review the original grant of summary judgment because that order was …
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… DOCKET NO. A-4714-16T3 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, IN TRUST FOR THE REGISTERED HOLDERS OF MORGAN STANLEY ABS CAPITAL I … One, LLC v. N.M., 157 N.J. 602, 613 (1999) (alteration in original)). Defendant argues plaintiff accelerated the loan …
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… Submitted April 5, 2017 – Decided Before Judges Fuentes and Gooden Brown. On appeal from … a three-year term of imprisonment for an unrelated offense committed in Cumberland County. Judge Jimenez ordered that … 4 A-2369-15T4 he "lean[ed] into the car to confirm the original smell of . . . burnt marijuana."2 The driver did …