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… Submitted May 22, 2018 – Decided June 22, 2018 Before Judges Fasciale and Moynihan. On appeal from Superior … A.W.,1 who, the State contended, was with defendant when he committed the precedent crimes. The letter2 and accompanying … State v. Fuentes, 217 N.J. 57, 73 (2014) (alteration in original) (quoting R. 3:21-4(g)). We apply a deferential …
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… Submitted November 6, 2017 – Decided Before Judges Accurso and O'Connor. On appeal from Superior … her motion for reconsideration of an order dismissing her complaint against defendants Bayer Healthcare … position despite the fact she had not opposed the original motion. We do not have a copy of plaintiff's motion …
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… Argued April 24, 2018 – Decided June 15, 2018 Before Judges Yannotti and DeAlmeida. On appeal from Superior … police subsequently arrested plaintiff and filed a criminal complaint against her in the municipal court. The court … In re Young, 202 N.J. 50, 66 (2010)) (alterations in original). 9 A-4768-16T1 Unbecoming conduct "need not 'be …
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… Argued May 30, 2018 – Decided June 12, 2018 Before Judges Fisher, Moynihan and Natali. On appeal from the Civil Service Commission, CSC Docket No. 2015-3042. Sanford R. Oxfeld … State Prison, 81 N.J. 571, 579-80 (1980) (alteration in original)). Under the arbitrary, capricious, and …
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… Argued March 1, 2018 – Decided May 16, 2018 Before Judges Simonelli and Rothstadt. On appeal from Superior … from the Law Division's order dismissing their third-party complaint under Rule 4:6-2(e) for failing to state a claim … Local 97, 434 N.J. Super. at 412-13 (second alteration in original) (quoting Banco Popular N. Am. v. Gandi, 184 N.J. …
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… Argued April 12, 2018 – Decided June 6, 2018 Before Judges Rothstadt and Gooden Brown. On appeal from … 28, 2017 order denying their motion to reinstate their complaint against defendants, Adrenaline Family … averred, "[t]here [could] be NO doubt that plaintiffs' original attorney knew the arbitration was binding." …
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… WELLS FARGO BANK, NATIONAL ASSOCIATION, as Trustee for MASTR Asset Backed Securities Trust 2005-OPT1, Mortgage … argues the court erred by rejecting his contention the complaint was filed beyond the six-year limitations period … the note or an assignment of the mortgage that predated the original complaint confer[s] standing" to bring a …
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… Submitted February 27, 2018 – Decided Before Judges Fisher and Sumners. NOT FOR PUBLICATION WITHOUT … that found him in contempt of the September 4 order and compelled him to turn over to the receiver twenty-five … Rova Farms, 65 N.J. at 484. We may only "exercise [our] original fact[-]finding jurisdiction sparingly and in none …
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… Submitted April 9, 2019 – Decided May 9, 2019 Before Judges Suter and Geiger. On appeal from Superior Court … that granted summary judgment to defendants, dismissing her complaint. We reverse the orders, and reinstate the … In re Cty. of Atl., 230 N.J. 237, 254 (2017) (alteration in original) (quoting Manahawkin Convalescent v. O'Neill, 217 …
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… BANK, Plaintiff-Respondent, v. 2820 MT. EPHRAIM AVENUE, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … judgment, entered after the borrower defaulted on a commercial real estate loan. In A-5432-17, defendants 2820 … remanded this case for a statement of reasons, because the original motion judge (not Judge Bernardin) did not make …
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… MATTER OF HAZARDOUS DISCHARGE SITE REMEDIATION FUND REQUEST FOR THE INNOCENT PARTY GRANT APPLICATION. … at the property, necessitating remediation under the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 to … of the plain language.'" Id. at 529- 530 (alternation in original) (quoting Marino v. Marino, 200 N.J. 315, 329 …
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… Submitted December 5, 2018 – Decided Before Judges Fuentes and Moynihan. On appeal from the Board … to the agency to administer." In re Election Law Enf't Comm'n Advisory Op. 01-2008, 201 N.J. 254, 262 (2010). … v. Farina, 218 N.J. 450, 467-68 (2014) (alterations in original).] 7 A-1154-17T3 Inasmuch as our analysis involves …
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… as Successor in the Interest to the Bendix Corporation, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … October 2015 and November 2016, plaintiffs filed their complaints against Honeywell as the successor in interest to … up in congested centers" rather than being handled at its origin, (2) the imposition of jury duty on members of a …
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… Submitted November 29, 2018 – Decided June 13, 2019 Before Judges Whipple and DeAlmeida. On appeal from Superior … Father opposed the motion and cross-moved for an order: (1) compelling Mother to provide proof that she had actually … justice.'" Catabran, 445 N.J. Super. at 587 (alteration in original) (quoting Rova Farms Resort, Inc. v. Inv'rs Ins. …
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… Submitted February 6, 2019 – Decided June 5, 2019 Before Judges Accurso and Moynihan. On appeal from Superior … appeal from the trial court's order dismissing their complaint with prejudice in granting defendant Horizon … enforcement. [Gaydos, 168 N.J. at 275 (first alternation in original).] Both statutory enactments involve a great deal …
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… Submitted February 12, 2019 – Decided April 10, 2019 Before Judges Yannotti and Gilson. On appeal from Superior … from a May 14, 2018 order dismissing with prejudice its complaint in lieu of prerogative writs, which sought to … SID that would be assessed. Plaintiff's Property was not originally on Schedule "A." On February 9, 2010, plaintiff …
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… Submitted December 13, 2018 – Decided April 4, 2019 Before Judges Simonelli and DeAlmeida. On appeal from the New … J.F. through use of the Asset Verification System (AVS), a computer system that facilitates access to financial … issue.'" Allstars Auto Grp., 234 N.J. at 158 (alteration in original) (quoting Dep't of Children & Families, Div. of …
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… Submitted November 1, 2018 – Decided Before Judges Whipple and DeAlmeida. On appeal from Superior … 2C:15-1; first degree felony murder while attempting to commit robbery, N.J.S.A. 2C:11-3(a)(3); first degree felony … v. Nunez- Valdez, 200 N.J. 129, 139 (2009) (alteration in original) (quoting State v. DiFrisco, 137 N.J. 434, 457 …
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… Argued September 12, 2016 – Decided Before Judges Nugent and Haas. On appeal from the New Jersey Civil Service Commission, Docket Nos. 2012-1708 and 2012- 2828. Dominick … Fund, 326 N.J. Super. 395, 400 (App. Div. 1999). "If the original findings are supported by substantial credible …
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… Argued April 26, 2017 – Decided August 7, 2017 Before Judges Fuentes, Carroll and Farrington. On appeal from … immediately after the altercation ended. Garret was originally charged with third degree aggravated assault upon … N.J.S.A. 2C:12-1b(5). A few days later, Garret filed a complaint against Groething charging him with the disorderly …