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… Submitted April 19, 2018 – Decided Before Judges Simonelli and Haas. On appeal form Superior … that Thompson's testimony would not have changed the outcome of the proceedings. An ineffective assistance of … by viewing 6 A-2789-16T3 the asserted facts in a light most favorable to the defendant. Ibid. Applying the above …
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… DOCKET NO. A-0872-16T4 HSBC BANK USA, NA, AS TRUSTEE FOR NOMURA ASSET ACCEPTANCE CORPORATION MORTGAGE PASS … it on October 20, 2011. Further, at the time of filing the complaint, plaintiff was in physical possession of the note, … R. 4:46-2(c)). The evidence must be viewed in "the light most favorable to the non-moving party." Mem'l Props., LLC …
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… Submitted October 17, 2017 – Decided Before Judges Fasciale and Moynihan. On appeal from Superior … 14-04-1100. Joseph E. Krakora, Public Defender, attorney for appellant (Michael Denny, Assistant Deputy Public … arguing, in a single point: EVEN WHEN VIEWED IN THE LIGHT MOST FAVORABLE TO THE STATE, THE EVIDENCE DID NOT ESTABLISH …
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… Submitted September 27, 2017 – Decided Before Judges Manahan and Suter. On appeal from Superior Court … and recorded. In July 2014, plaintiff filed a foreclosure complaint, which named Sims as a defendant. Sims filed a … question is whether the evidence, when viewed in a light most favorable to the non-moving party, raises genuinely …
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… Submitted February 13, 2018 - Decided Before Judges Hoffman and Mayer. On appeal from Superior Court … his indictment should be dismissed based on improper and incompetent evidence presented to the grand jury. We affirm. … be presented with sufficient evidence, viewed in the light most favorable to the State, establishing a prima facie case …
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… Argued November 28, 2017 - Decided Before Judges Fasciale and Sumners. On appeal from the Public … in 2003. On August 17, 2016, the Board voted to adopt the recommendations of the initial decision. Before us, Gaven … Gaven's testimony, Gaven's voluminous medical records, and most importantly, the competing opinions of the parties' …
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… Submitted January 16, 2018 – Decided Before Judges Ostrer and Whipple. On appeal from Superior … and R. 4:67-1, the Probate Part dismissed Marsh's verified complaint with prejudice. Having carefully reviewed the … 405 (App. Div. 1952), notwithstanding that "[a]mong the most natural of confidential relationships is that of parent …
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… Appellant, v. BOARD OF REVIEW, DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT, J&J PIZZA, INC. and TOO MUCH MEDIA, LLC, … weekly benefit rate on his approved claim for unemployment compensation benefits. We affirm. By way of background, a … by dividing his or her total wages earned from the "most recent base year employer with whom he has established …
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… Submitted April 10, 2019 – Decided May 22, 2019 Before Judges Alvarez and Reisner. On appeal from Superior … granted when, considering the evidence in the light most favorable to the non-moving party, there is no genuine … judge's findings of fact are undisputed. The issue thus becomes a purely legal one. Defendant's decision to plow the …
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… Submitted March 9, 2022 – Decided April 7, 2022 Before Judges Gilson and Gooden Brown. On appeal from the … salary of $82,000, as well as his 2010 year-to-date income, as reflected in his June 15, 2010 Case Information … finalized, his 2020 income tax returns, his W-2's, and his most recent pay stubs. Applying the principles articulated …
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… Submitted May 10, 2022 – Decided May 19, 2022 Before Judges Fisher and Smith. On appeal from the Superior … victim, we remand for further proceedings. Plaintiff's complaint alleged that he had purchased a home in 2016 with … invitation to exercise original jurisdiction. The case is most decidedly unconducive to such an approach. See Price v. …
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… Submitted March 17, 2021 – Decided May 25, 2021 Before Judges Geiger and Mitterhoff. On appeal from the … law, we affirm. The motion record, construed in the light most favorable to plaintiff as the non-moving party, Brill … to her back and right leg. In March 2018, plaintiff filed a complaint in the Law Division alleging defendant's …
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… Submitted September 16, 2020 – Decided August 6, 2021 Before Judges Fuentes and Firko. On appeal from the Superior … assistance of counsel: The petitioner asserts these shortcomings prejudiced his case; however, he has failed to … his or her claim, viewing the facts alleged in the light most favorable to the defendant, will ultimately succeed on …
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… THE MATTER OF THE APPEAL OF THE DENIAL OF A RETIRED LAW EN- FORCEMENT OFFICER PERMIT TO CARRY FIRE- ARMS FOR: A.A.1 … and well-reasoned opinion. We add only the following brief comments. We discern the following facts from the record. … R. 2:11-3(e)(1)(E). "The permit to carry a gun is the most closely-regulated aspect of gun-control laws." In re …
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… Submitted February 10, 2020 – Decided April 28, 2020 Before Judges Sumners and Natali. On appeal from the New … there was a substantial likelihood McGlotten would commit a new crime if he was released, the panel cited … and serious prison institutional infractions, four with the most recent one on September 7, 2004; insufficient problem …
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… Submitted February 26, 2020 – Decided Before Judges Fuentes and Mayer. On appeal from the New Jersey … of a weapon for an unlawful purpose. These offenses were committed in 1995. Barclay first became eligible for parole … (5) the commission of institutional infractions with the most recent infraction occurring in July 2001; (6) …
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… Submitted January 15, 2020 – Decided Before Judges Whipple and Mawla. On appeal from the Superior … evaluate 3 A-3286-18T4 him to determine if he was mentally competent or suffered from diminished capacity. Defendant … R. 3:22-10(b)). The court must "view the facts in the light most favorable to a defendant." State v. Preciose, 129 N.J. …
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… Submitted December 17, 2019 - Decided Before Judges Fisher and Accurso. On appeal from the Superior … 2016). Finding defendant had failed to identify any error committed by his defense counsel, the judge concluded … amending the petition if necessary, and "fashion the most effective arguments possible." State v. Velez, 329 N.J. …
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… : O R D E R A Judge of the Municipal Court : Pending before the Court is an application by Wilfredo Benitez, a … its order dated April 14, 2025, which denied petitioner’s most recent application to remove his disqualification from … ordered that his disqualification continue pending the outcome of disciplinary charges before the Advisory Committee …
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… Submitted May 12, 2025 – Decided June 24, 2025 Before Judges Berdote Byrne and Jablonski. On appeal from the … twenty- four-page written opinion. We add the following comments. The parties executed a commercial lease on … in 2020 and 2021. Only in 2022, after the work was done or mostly done, was a paper trail created by plaintiff …