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njcourts.gov
… Argued April 17, 2024 – Decided July 18, 2024 Before Judges Vernoia, Gummer, and Walcott- Henderson. On … in 2001, and separated in September 2018. Plaintiff filed a complaint for divorce on April 19, 2021. The next day, … should not disturb the result.'" Ibid. (alteration in the original) (quoting Beck v. Beck, 86 N.J. 480, 496 (1981)). …
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njcourts.gov
… Argued May 1, 2024 – Decided July 22, 2024 Before Judges Vernoia and Gummer. On appeal from the Superior … 30, 2017, plaintiff and her husband Vito J. Barone filed a complaint against defendant John W. Ager III, alleging that … in terms of the injuries to your wrist." Noting plaintiff's original treating physician had died, the judge asked …
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njcourts.gov
… also denied her request to depose defendant regarding his income. We affirm. The parties were previously married and had … until June 1, 2018, at which time child support would be revisited "based on the parenting time and custody … the child's needs have increased to an extent for which the original arrangement does not provide." Ibid. Only "once a …
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A-19-24 Reply Brief
Briefs
njcourts.gov
… Co-Conspirators, Defendants-Respondents. On Petition for Certification from the Appellate Division of the … Road, Suite 100 Florham Park, NJ 07932 ssalmon@jmslawyers.com Of Counsel and On the Brief: Scott D. Salmon, Esq. … by statute. (PB19-20). The doctrine of municipal immunity originated in judicial decisions since the separation of the …
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njcourts.gov
… DIVISION DOCKET NO. A-0864-22 IN THE MATTER OF PETITION TO FORFEIT FIREARMS, CLAIMANT FRANK W. FARRELL, JR. … Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35. In her complaint, she alleged: Defendant was emotionally abusive … entered an order memorializing his denial of the State's original petition, January 10, 2022, and his denial of the …
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njcourts.gov
… Submitted May 14, 2024 – Decided May 30, 2024 Before Judges Smith and Perez Friscia. On appeal from the … Defendant argues the Family Part judge erroneously found he committed the predicate act of harassment and that the FRO … prepare and respond.'" J.D., 207 N.J. at 478 (alteration in original) (quoting H.E.S., 175 N.J. at 321). At the hearing, …
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njcourts.gov
… Submitted April 29, 2024 – Decided June 3, 2024 Before Judges Mawla and Marczyk. On appeal from the Superior … her Subaru vehicle—the day after she obtained the original TRO. On the first day of the FRO hearing, the court … it near her vehicles because "[defendant] would constantly come over there to scratch [their] car[s]." 2 Plaintiff …
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njcourts.gov
… Argued May 14, 2024 – Decided June 3, 2024 Before Judges Mayer, Enright and Paganelli. On appeal from the … Duncan appeals from a March 17, 2023 order dismissing his complaint, with prejudice, for failure to state a claim upon … 311 N.J. Super. 317, 321-22 (App. Div. 1998) (alteration in original).] "At this preliminary stage of the litigation[,] …
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njcourts.gov
… married for six months when plaintiff filed his initial complaint for divorce on September 18, 2019. The contested … arguments as to why the trial court had erred or should revisit its decision. Id. at 13-14. Instead, defendant … by rule or court order, . . . pleadings subsequent to the original complaint, written motions . . . and other papers . …
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njcourts.gov
… STATE OF NEW JERSEY, Plaintiff-Respondent, v. GEORGE RAYFORD, Defendant-Appellant. _______________________ Submitted … 2C:35-9(a). As part of the plea deal, the State agreed to recommend defendant's sentence not exceed thirteen years … assistance of counsel." [Id. at 550 (first alteration in original) (quoting Strickland v. Washington, 466 U.S. 668, …
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njcourts.gov
… Submitted April 8, 2024 – Decided April 15, 2024 Before Judges Sabatino and Chase. On appeal from the Superior … precludes a party from attacking on appeal the very outcome sought in the trial court. State v. Bayoumi, No. … State v. Gideon, 244 N.J. 538, 550-51 (2021) (alteration in original) (quoting Strickland, 466 U.S. at 694). "Prejudice …
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njcourts.gov
… Submitted April 17, 2024 – Decided May 2, 2024 Before Judges Vernoia and Walcott-Henderson. On appeal from … sufficient to undermine confidence in the 7 A-2229-22 outcome.'" Gideon, 244 N.J. at 550-51 (alteration in original) (quoting Strickland, 466 U.S. at 694). Proof of …
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njcourts.gov
… Submitted November 28, 2022 - Decided January 10, 2023 Before Judges Mawla and Marczyk. On appeal from the Superior … were called to investigate a disturbance at an apartment complex in Lindenwold shortly after midnight on April 20, … statutory predicate-offense element. [Ibid. (alterations in original) (citation omitted) (emphasis added).] However, …
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njcourts.gov
… Submitted May 22, 2023 – Decided June 2, 2023 Before Judges Haas and Gooden Brown. On appeal from the … a detective to support the search warrant application was incomplete and did not adequately establish the reliability of … State v. Keyes, 184 N.J. 541, 554 (2005) (alteration in original) (quoting Jones, 179 N.J. at 388). When "reviewing …
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njcourts.gov
… Submitted May 22, 2023 – Decided June 20, 2023 Before Judges Gooden Brown and DeAlmeida. On appeal from the … order denying her motion to reinstate her personal injury complaint against defendants Angelo C. Pluchino and Galaxy … avoidance of waste and delay.'" Id. at 341 (alteration in original) (quoting Cogdell ex rel. Cogdell v. Hosp. Ctr. at …
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njcourts.gov
… Argued February 27, 2023 – Decided June 15, 2023 Before Judges Mawla and Smith. On appeal from the Superior … three years' probation conditioned upon no victim contact, community service, and Megan's Law penalties, including … Ins. Co., 184 N.J. 214, 223 (2005) (alteration in original) (quoting Trump Hotels & Casino, 160 N.J. at 526). …
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njcourts.gov
… FEIGEL, Plaintiffs-Appellants, v. TOWNSHIP OF WEST MILFORD, Defendant-Respondent. ____________________________ … Milford's motion for summary judgment and dismissing their complaint with prejudice. Having considered plaintiffs' … N.J. Super. 168, 198 (App. Div. 2021) (first alternation in original) (quoting Vincitore, 169 N.J. at 125). In Polzo II, …
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njcourts.gov
… Submitted October 25, 2022 – Decided December 29, 2022 Before Judges Messano and Gummer. On appeal from the Superior … Pursuant to the parties' plea agreement, the State recommended dismissing the remaining charges. During the plea … State v. DiFrisco, 137 N.J. 434, 457 (1994) (alterations in original)); Lafler, 566 U.S. at 163 (holding a defendant …
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njcourts.gov
… DIVISION DOCKET NO. A-1771-20 IN THE MATTTER OF PETITION FOR RULEMAKING TO AMEND COASTAL ZONE MANAGEMENT RULES, … of Environmental Protection (DEP), before construction commenced. N.J.A.C. 7:7-4.16, known as "permit-by-rule 16" … "competing policy considerations."'" Ibid. (alteration in original) (quoting Seigel, 395 N.J. Super. at 615). PBR 16, …
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njcourts.gov
… Argued January 10, 2023 – Decided February 22, 2023 Before Judges Whipple and Smith. On appeal from the Board of … from the 3 A-3353-20 employer, the surgeon changed his recommendation from full duty to modified duty. Petitioner … by factual evidence or other data." Ibid. (alteration in original). "[T]he net opinion rule 'requires an expert to …