njcourts.gov
… Respondent. Submitted May 12, 2021 – Decided June 1, 2021 Before Judges Rose and Firko. On appeal from the New Jersey … (DOC), which upheld an adjudication and sanctions for committing prohibited act *.252, encouraging others to riot, … charge at least twenty-four hours before the hearing was originally scheduled;1 provided with counsel substitute; …
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… Submitted March 21, 2022 – Decided March 29, 2022 Before Judges Fasciale and Firko. On appeal from the Superior … material fact and not simply one 'of an insubstantial 2 To comport with our style conventions, we have altered the … (Polzo I), 196 N.J. 569, 581 (2008) (second alteration in original) (quoting Sims v. City of Newark, 244 N.J. Super. …
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… Submitted December 14, 2021 – Decided March 8, 2022 Before Judges Currier and Smith. On appeal from the Superior … resisting arrest, N.J.S.A. 2C:29-2(a). Arraignment, originally scheduled for September, was postponed until … did not lodge a detainer with the federal prison. After completing his custodial sentence, defendant was released on …
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… Argued July 6, 2021 – Decided August 26, 2021 Before Judges Suter and Smith. On appeal from the Board of … 2015. In May 2016, petitioner saw David Markowitz, M.D., complaining of pain in his left wrist radiating into his … involve a combination of both traumatic and pathological origins." Ibid. (citing Cattani v. Bd. of Trs., Police & …
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… Submitted April 19, 2021 – Decided August 25, 2021 Before Judges Hoffman, Suter, and Smith. On appeal from the … the challenges and limitations of the COVID-19 pandemic complicating the negotiations. On June 24, 2020, defendant … DeNike v. Cupo, 196 N.J. 502, 514-15 (2008) (alteration in original) (citing State v. Tucker, 264 N.J. Super. 549, 554 …
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… Argued August 2, 2021 – Decided August 18, 2021 Before Judges Mayer and Susswein. On appeal from the New Jersey Civil Service Commission, Docket No. 2019-578. Obayomi Awoyinfa, (Law … one's sense of fairness."'" Id. at 28-29 (alteration in the original) (quoting In re Polk, 90 N.J. 550, 578 (1982)). …
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… was charged in the Chancery Division, Family Part with committing the following acts of delinquency that, if … together, the central thesis of these cases renders his original life sentence with a thirty-year period of parole … a thirty-year parole disqualifier."4 The Supreme Court revisited its holding in Miller four years later in …
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… Submitted January 11, 2021 – Decided April 19, 2021 Before Judges Fasciale and Susswein. On appeal from the … indictments against defendant for three separate crimes committed on different dates. On January 26, 2012, defendant … a [twenty]- year [s]tate prison sentence." (emphasis in original). Defendant is hard-pressed to claim that plea …
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… Submitted April 27, 2020 – Decided May 13, 2020 Before Judges Rothstadt and Mitterhoff. On appeal from the … Highlands. The property was owned by the decedent's holding company, Scheller Properties, LLC (Scheller Properties). … by way of the plain language.'" (second alteration in original) (quoting O'Connell v. State, 171 N.J. 484, 488 …
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… Submitted November 12, 2019 – Decided August 11, 2020 Before Judges Moynihan and Mitterhoff. On appeal from the … a letter from his assigned counsel annexed that detailed "compelling reasons for admission." The letter explained that … State v. Nwobu, 139 N.J. 236, 253 (1995) (alteration in original) (quoting State v. Kraft, 265 N.J. Super. 106, 112 …
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… telephonically July 15, 2020 – Decided July 30, 2020 Before Judges Hoffman and Currier. On appeal from an … As part of a lay-off plan approved by the Civil Service Commission, the City of Atlantic City (City) eliminated 200 … a "less intrusive source." 79 N.J. at 243-44 (emphasis in original) (quoting In re Farber, 78 N.J. 259, 276-77 …
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… Submitted January 27, 2020 – Decided Before Judges Messano and Ostrer. On appeal from the Superior … position that offered benefits. In 2017, her gross income was $17,800. Davis asserted that for the past eight … support) (quoting Smith, 72 N.J. at 360 (alteration in original)). The child's best interests are the court's …
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… APPELLATE DIVISION DOCKET NO. A-1910-18T1 1ST COLONIAL COMMUNITY BANK, Plaintiff-Respondent, v. TRACEY FARKAS, … Submitted December 19, 2019 – Decided Before Judges Nugent and Suter. On appeal from the Superior … in bad faith." Bove, 460 N.J. Super. at 152 (alterations in original) (quoting Ferolito, 408 N.J. Super. at 408). As …
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… Submitted January 6, 2020 – Decided April 22, 2020 Before Judges Rothstadt and Moynihan. On appeal from the … without an evidentiary hearing. Indicted for conspiracy to commit robbery in the second-degree, N.J.S.A. 2C:5-2(a)(1) … Nuñez-Valdéz, 200 N.J. 129, 139 (2009) (first alteration in original) (quoting State v. DiFrisco, 137 N.J. 434, 457 …
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… Submitted March 2, 2020 – Decided March 18, 2020 Before Judges Sumners and Geiger. On appeal from the Board of … 2C:47-1 to -10, because there was no "clear finding of compulsive sexual behavior." During the sentencing hearing, … fairness.'" Herrmann, 192 N.J. at 28-29 (alteration in original) (quoting In re Polk, 90 N.J. 550, 578 (1982)). If …
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… Submitted October 8, 2019 – Decided October 28, 2019 Before Judges Currier and Firko. On appeal from the Superior … demanded A.A. "give him everything he had." A.A. refused to comply and entered his vehicle in an attempt to leave. … [State v. Nuñez-Valdéz, 200 N.J. 129, 139 (alterations in original) (citation and internal quotation marks omitted).] …
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… Argued October 17, 2019 – Decided Before Judges Haas and Mayer. On appeal from the Superior … In the first incident, appellant's former spouse filed a complaint against him for allegedly accessing her email … administrative official charged with responsibility for the original decision to grant or withhold . . . involves …
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… Submitted September 25, 2019 – Decided Before Judges Gooden Brown and Mawla. On appeal from the … motion to vacate an order dismissing its legal malpractice complaint against its former attorney, defendant John D. … material facts previously submitted in support of his original motion for summary judgment. Following oral …
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… Submitted September 9, 2019 – Decided Before Judges Fasciale, Moynihan and Mitterhoff. On appeal … defendant maintains that plaintiff did not substantially comply with the notice requirements under the TCA and failed … Dep't of Corr., 208 N.J. 1, 21- 22 (2011) (alteration in original) (citations omitted).] On this record, and …
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… Submitted November 14, 2019 – Decided Before Judges Mayer and Enright. On appeal from the Superior … not excused by his alleged lack of knowledge about the outcome of his direct appeal. Moreover, she concluded that … v. Goodwin, 173 N.J. 583, 594 (2002) (second alteration in original) (quoting State v. Afanador, 151 N.J. 41, 52 …