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… Submitted December 11, 2018 – Decided April 2, 2019 Before Judges Rothstadt and Natali. On appeal from Superior … 2C:39-5(b), that an indictment charged him with having committed. The court sentenced defendant in accordance with … a reviewing court cannot enjoy.'" Ibid. (alteration in original). We review de novo the judge's pure determinations …
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… Submitted March 11, 2019 – Decided April 1, 2019 Before Judges Messano, Fasciale and Gooden Brown. On appeal … contends that the judge erroneously imputed $48,635 in income to defendant. He maintains that defendant's income … 193 (1999). Courts should enforce MSAs according to the original intent of the parties. Pacifico v. Pacifico, 190 …
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… Argued December 6, 2018 – Decided April 1, 2019 Before Judges Simonelli, Whipple and DeAlmeida. On appeal from … for injury and discovered a significant amount of blood coming from the left side of his scrotum, on which a blood … N.J. Super. 540, 551 (App. Div. 2015) (alteration in the original) (quoting Heyert v. Taddese, 431 N.J. Super 388, …
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… Argued August 1, 2017 – Decided Before Judges O'Connor and Whipple. On appeal from Superior … for failure to pay these dues and counsel fees, filing a complaint on March 13, 2013. Defendant Christopher, then … only the denial of the April 29 2016 order and not the original order granting summary judgment. See Fusco v. Bd. …
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… Submitted May 10, 2017 – Decided Before Judges Simonelli and Gooden Brown. On appeal from … situation, Lavin ordered R.C. to go upstairs. After R.C. complied, defendant opened the door all the way, at which … State v. Camacho, 218 N.J. 533, 554 (2014) (alteration in original) (quoting State v. Adams, 194 N.J. 186, 207 …
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… Submitted June 21, 2017 – Decided Before Judges Fuentes and Koblitz. On appeal from Superior … PTI Director in the Criminal Division Manager's Office recommended that defendant's application be denied because his … submitted to induce the prosecutor to reconsider his original decision to reject defendant's PTI application. In …
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… DOCKET NO. A-4418-15T3 DANIEL SHALIT, as attorney-in- fact for MILDRED SHALIT, Plaintiff-Appellant, v. MICHAEL SHALIT, … motion for summary judgment and dismissing plaintiff's complaint. We affirm. According to plaintiff's complaint, … 3 The claims asserted by plaintiff in this case were originally brought by him as a counterclaim in a Chancery …
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… DOCKET NO. A-5054-15T1 THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., AS UNDERLYING TRUSTEE FOR THE FDIC 2013-N1 ASSET TRUST, Plaintiff-Respondent, v. … action. The "assignment of the mortgage that predated the original complaint conferred standing" on BNY Mellon 2011. …
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… Submitted September 14, 2017 – Decided Before Judges Simonelli and Gooden Brown. On appeal from the … 2C:15-1(a)(1) (count two); second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2(a)(2) and N.J.S.A. … as to shock the judicial conscience.' [Ibid. (alteration in original) (quoting State v. Roth, 95 N.J. 334, 364-65 …
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… Argued September 25, 2017 – Decided Before Judges Sabatino and Whipple. On appeal from the New … of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition No. 2011-4216. Anne M. … Compensation Act, N.J.S.A. 34:15-1 to -142. The matter originally settled on June 22, 2012, with an order issued by …
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… Defendant-Appellant. Submitted August 30, 2017 – Decided Before Judges Alvarez and Gooden Brown. On appeal from the … failure to acknowledge the gravity of the offense that he committed, the extent of his prior record, and the need to … confused." Gandhi, supra, 201 N.J. at 193 (alterations in original) (quoting Parker, supra, 124 N.J. at 638). 8 …
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… Argued September 19, 2017 – Decided Before Judges Fasciale and Moynihan. On appeal from Superior … from a May 26, 2016 order dismissing their second amended complaint pursuant to Rule 4:6-2(e). On appeal, plaintiffs … Kenney, 379 N.J. Super. 118, 134 (App. Div.) (alteration in original) (quoting DeVivo v. Ascher, 228 N.J. Super. 453, …
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… IN THE MATTER OF STATE AND SCHOOL EMPLOYEES HEALTH BENEFITS COMMISSIONS' IMPLEMENTATION OF I/M/O PHILIP YUCHT. Argued telephonically July 13, 2017 – Decided Before Judges Simonelli and Carroll. On appeal from New Jersey … Dep't of Agric., 196 N.J. 366, 384-85 (2008) (alteration in original) (quoting Henry v. Rahway State Prison, 81 N.J. …
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… Submitted September 13, 2016 – Decided Before Judges Fasciale and Sapp-Peterson. On appeal from the … for racketeering, N.J.S.A. 2C:41-2 (count one); knowingly committing murder, N.J.S.A. 2C:11-3(a)(2) (count four); … of imponderables . . . .'" Id. at 201 (alteration in original) (Baime, J.A.D., temporarily assigned, dissenting) …
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… Argued September 18, 2017 – Decided Before Judges Messano and Accurso. On appeal from Superior … parties, leading ultimately to the filing of plaintiff's complaint naming Avalon, Smith, Signature and DePhillips as … causes of action. 1 The second MPA was identical to the original, except it added plaintiff as the "owner." 3 …
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… Submitted February 15, 2018 – Decided Before Judges Rothstadt and Gooden Brown. On appeal from … the care of family members only. If this arrangement becomes problematic or not in the children's best interests, … as written." Quinn, 225 N.J. at 46 (alteration in original) (first quoting Tessmar v. Grosner, 23 N.J. 193, …
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… Submitted April 17, 2018 – Decided Before Judges Fisher and Fasciale. On appeal from Superior … application concluding he was a significant threat to the community. Without making any findings about whether … we said in Hyland, 452 N.J. Super. at 381 (alterations in original): Our "Code of Criminal Justice, N.J.S.A. 2C:1-1 to …
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… Submitted March 13, 2018 – Decided Before Judges Reisner and Hoffman. On appeal from Superior … N.J.S.A. 2C:11- 4(a)(1). In exchange, the State agreed to recommend a sentence not to exceed ten years for burglary, and … State v. DiFrisco, 137 N.J. 434, 457, (1994) (alteration in original) (quoting Tollett v. Henderson, 411 U.S. 258, 266 …
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… Argued April 23, 2018 – Decided June 20, 2018 Before Judges Fasciale and Moynihan. On appeal from Superior … (Enviro); and denying their motion for leave to amend the complaint. Plaintiffs contend: POINT I THE TRIAL COURT ERRED … v. Swyer, 62 N.J. 267, 273-74 (1973)) (second alteration in original). Where appropriate, "a cause of action will be …
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… Submitted March 19, 2018 – Decided Before Judges Messano and Vernoia. On appeal from Superior … at 234. Defendant's argument in Point II, however, involves comments by the assistant prosecutor in summation that, at … [State v. Fuentes, 217 N.J. 57, 70 (2014) (alteration in original) (quoting State v. Roth, 95 N.J. 334, 364-65, …