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… Respondent-Respondent. _____________________________ NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … for TPAF (Board) would waive the interest accrued after the original five-year term. The Board rejected her offer and … the loan funds are essentially converted to taxable income as a "deemed distribution." I.R.C. § 72(p)(2)(B) "sets …
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… Submitted May 10, 2021 – Decided May 25, 2021 Before Judges Sabatino and Currier. On appeal from the … judgment motions. The court must "consider whether the competent evidential materials presented, when viewed in the … Union Stores, Inc., 47 N.J. 426, 429 (1966) (alteration in original)).] The Model Jury Charge defines a self-service …
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… Submitted February 1, 2022 – Decided March 17, 2022 Before Judges Currier and DeAlmeida. On appeal from an … all of the guns and ammunition seized in the searches and compared them to the ten bullet and cartridge cases … or innocence." [Trinidad, 241 N.J. at 449 (alteration in original) (quoting State v. Thompson, 59 N.J. 396, 421 …
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… Argued July 27, 2021 – Decided August 10, 2021 Before Judges Sumners and Firko. On appeal from the Superior … Thus, we consider, as the motion judge did, "whether the competent evidential materials presented, when viewed in the … 433 N.J. Super. 238, 243 (App. Div. 2013) (alteration in original) (quoting Sims v. City of Newark, 244 N.J. Super. …
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… Submitted April 1, 2020 – Decided May 1, 2020 Before Judges Whipple and Mawla. On appeal from the Superior … and a daughter who, at the time of the amended FRO, completed her sophomore year in college. In 1998, the … exists in this action. [Id. at 126-27 (third alteration in original) (internal quotations omitted).] We affirmed and …
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… Argued February 6, 2020 – Decided April 30, 2020 Before Judges Nugent and DeAlmeida. On appeal from the New … February 2015. The withdrawals, for which L.M. was not compensated, totaled $138,533.38. On October 3, 2016, the … 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… Submitted June 1, 2020 – Decided August 11, 2020 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … (together, Rockland County) for lack of jurisdiction. The complaint alleged plaintiff suffered damages when the New … N.J. Super. 195, 202 (App. Div. 2016) (first alteration in original) (quoting Daimler AG v. Bauman, 571 U.S. 117, 119 …
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… Submitted April 27, 2020 – Decided July 23, 2020 Before Judges Ostrer and Vernoia. On appeal from the Superior … application for [PCR] is being alleged." Failure to comply requires dismissal. Rule 3:22-4(b) states that a … he "obtained a copy of this letter . . . shortly after my original appellate attorney (direct appeal) sent me a letter …
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… Submitted December 19, 2019 – Decided Before Judges Suter and DeAlmeida. On appeal from the Superior … confirmed defendant's residence through the Motor Vehicle Commission. Klumpp's supporting affidavit included his … v. Maryland, 167 N.J. 471, 482 (2001) (second alteration in original) (quoting Schneckloth v. Bustamonte, 412 U.S. 218, …
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… Argued January 29, 2020 – Decided Before Judges Haas and Mayer. On appeal from the Superior … for PCR, and fully explained the basis for his rulings in a comprehensive twenty-seven page written opinion containing … which a reviewing court cannot enjoy." Ibid. (alteration in original) (quoting Robinson, 200 N.J. at 15). Having …
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… telephonically August 10, 2020 – Decided August 21, 2020 Before Judges Moynihan and Mawla. On appeal from the Superior … a teacher was entitled at the time his leave of absence commenced . . . shall be restored to him upon his return. … we decline to utilize this term because of its prejudiced origins. See Webster's Third New International Dictionary …
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… Argued December 12, 2019 – Decided August 20, 2020 Before Judges Alverez and Suter. On appeal from the Superior … 18-04-0504 and 18-04-0505. Albert P. Mollo argued the cause for appellant. Maura Kathryn Tully, Assistant Prosecutor, … an uncounseled DWI conviction. '" Id. at 395 (alteration in original) (quoting Laurick, 120 N.J. at 16). This case …
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… Submitted November 14, 2019 – Decided August 12, 2020 Before Judges Alvarez and Nugent. On appeal from the Superior … child. Protection of the appellant and minor child is a compelling interest that outweighs the Judiciary's … best interest of the child to be returned to the country of origin and of last habitual residence, Guatemala, because …
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… Submitted June 1, 2020 – Decided June 18, 2020 Before Judges Geiger and Natali. On appeal from the Board of … for Buena Vista Township. Cabrera received a copy of the complaint from the reporter via fax and, while reading … 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 16, 2019 – Decided Before Judges Rothstadt and Moynihan. NOT FOR PUBLICATION … condition has been impaired or is in imminent danger of becoming impaired as the result of the failure of his parent . … 4 A-1004-18T1 320, 329-30 (App. Div. 2011) (alterations in original) (quoting Dep't of Children & Families, Div. of …
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… Submitted October 2, 2019 – Decided Before Judges Fasciale and Mitterhoff. On appeal from the … from a breach of contract action in which plaintiff filed a complaint against defendant for non-payment of services. … Mancini, 132 N.J. at 334 (citation omitted) (alterations in original). The judge may find excusable neglect when the …
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… Submitted August 13, 2019 – Decided Before Judges Sumners and Moynihan. On appeal from the … the president (the victim) of Gerrus Maintenance, Inc. (the company), reported to police that defendant, the company's … performance[.]'" Roseman, 221 N.J. at 621 (alteration in original) (quoting Watkins, 193 N.J. at 520). "In order to …
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… Submitted November 18, 2019 – Decided Before Judges Sumners and Geiger. On appeal from the New … determining a substantial likelihood existed that he would commit a new crime if released on parole at that time. The … rather than simply what he has done.'" Ibid. (alteration in original) (quoting Greenholtz v. Inmates of Neb. Penal & …
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… Argued November 4, 2019 – Decided Before Judges Fasciale and Rothstadt. On appeal from the … headlights on, inability to perform field sobriety tests, combativeness, swaying, and detecting an odor of alcohol on … States v. Scurry, 193 N.J. 492, 504 (2008) (alteration in original) (citation omitted). Defendant called Mr. Joseph …
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… APPELLATE DIVISION DOCKET NO. A-0144-18T4 ZORICA DIMITROV, for herself as spouse, and Administratrix ad Prosequendum … 2A:15-3. She alleges that the six defendants 3 A-0144-18T4 committed medical malpractice when they provided care to her … 304, 312 (App. Div. 2007) (first and third alterations in original) (quoting Freeman v. State, 347 N.J. Super. 11, 31 …