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… Submitted March 15, 2018 – Decided Before Judges Simonelli and Haas. On appeal from Superior … No. A-2635-14 (App. Div. June 22, 2016) (slip op.). In compliance with our instructions, Judge Robert A. Ballard, … a prior judge. On December 22, 2016, the judge rendered a comprehensive and thoughtful written opinion concluding that …
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… Cross-Appellants, v. NEW JERSEY MANUFACTURERS INSURANCE COMPANY, Third-Party Defendant- Respondent, and AMERICA MODERN HOME INSURANCE COMPANY, Third-Party Defendant. … Submitted March 12, 2018 – Decided Before Judges Sabatino and Ostrer. NOT FOR PUBLICATION WITHOUT …
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… Submitted May 8, 2018 – Decided May 25, 2018 Before Judges Reisner and Gilson. On appeal from Superior … guilty to first-degree racketeering, and the State would recommend a ten-year NERA sentence. On the same date, … which could have resulted in the State reducing its recommendation to a five-year NERA sentence. At the plea …
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… Submitted December 18, 2018 – Decided Before Judges Rothstadt, Gilson, and Natali. On appeal from … care and supervision of Dylan. The Division also filed a complaint for custody of Natalia and care and supervision of … 152 (App. Div. 2014) (citing Manalapan Realty, LP v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995)). In a child …
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… Submitted July 18, 2017 – Decided Before Judges Reisner and Suter. On appeal from Superior Court … act of simple assault was established. A simple assault is committed when a person "[a]ttempts to cause or purposely, … to support its finding that an assault occurred. A person commits the offense of harassment if, "with purpose to …
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… Submitted July 12, 2017 – Decided July 26, 2017 Before Judges Simonelli and Carroll. On appeal from the … of an earlier order that denied his motion to amend his complaint. For the reasons that follow, we affirm. On … 19, 2016, Clifton moved for summary judgment, invoking the common law doctrine of snow removal immunity accorded to …
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… Submitted May 24, 2017 – Decided Before Judges Fuentes and Simonelli. On appeal from the … Degrees, one in Engineering Mechanics, and another in Computer Science and Engineering, and had a job offer to … PTI program. The Criminal Division manager (CCM) did not recommended defendant's admission, finding as follows: The …
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… Submitted November 15, 2016 – Decided Before Judges Rothstadt and Sumners. On appeal from Superior … AGAINST ENTERING A GUILTY PLEA TO A CRIME HE DID NOT COMMIT, WERE VIOLATED. For the reasons that follow, we … other eyewitnesses, and received information that defendant committed the crime. Based upon the video recording, police …
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… Submitted March 21, 2017 – Decided Before Judges Gilson and Sapp-Peterson. On appeal from the … defendant's vehicle abruptly swerved toward the curb before coming to a complete stop. When the detective approached the vehicle, he …
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… Submitted December 14, 2016 – Decided Before Judges Accurso and Manahan. On appeal from Superior … PER CURIAM This is a dispute between neighbors who share a common rear lot line. The house on plaintiff Bashar … counterclaim. Plaintiff appeals both the dismissal of his complaint and the judgment on defendant's counterclaim, …
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… Submitted March 7, 2017 – Decided Before Judges Messano and Suter. On appeal from the Superior … in her thorough oral opinion. We add the following brief comments. "Appellate courts reviewing a grant or denial of a … Court has eliminated the inadvertence prong as a necessary component of plain view analysis. State v. Gonzales, 227 …
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… Submitted March 21, 2017 – Decided Before Judges Yannotti and Sapp-Peterson. On appeal from the … cited appellant's prior criminal record, which had become increasingly more serious, the fact that prior … appellant's extensive prior criminal record and that he had committed a crime while attempting to elude prosecution. …
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… Argued telephonically March 16, 2017 – Decided Before Judges Koblitz and Rothstadt. On appeal from the … Insurance Fund (NJIIF), the Borough's insurer, filed a complaint against defendants alleging they breached the … breached the agreement when they made statements to a newspaper allegedly relating to the lawsuit and by not …
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… Submitted June 7, 2017 – Decided Before Judges Simonelli and Gooden Brown. On appeal from the … as well as the charges in an unrelated indictment, and to recommend concurrent five-year terms of imprisonment with a … Graves Act, N.J.S.A. 2C:43-6(1). The State also agreed to recommend that the sentence would run concurrent to any …
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… Submitted February 28, 2017 – Decided Before Judges Fisher and Vernoia. On appeal from the Superior … on May 29, 2015, the court entered an order dismissing the complaint without prejudice. Two months later, the July 27, … and to extend discovery, and the second dismissed the complaint with prejudice pursuant to Rule 4:23-5(a)(2). By …
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… Submitted April 25, 2017 – Decided Before Judges Gilson and Sapp-Peterson. On appeal from the … failed to meet "his burden of presenting sufficient competent and credible evidence of facts essential to his … training program designed to instruct officers in physical combat skills as an alternative to using deadly force. …
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… Submitted February 6, 2018 – Decided Before Judges Reisner and Gilson. On appeal from Superior … Interstate Restoration, LLC, and denying its motion to compel arbitration. We conclude that the motion record … that plaintiff failed to serve a courtesy copy of the complaint, or any other pleadings, on defendant's counsel …
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… Submitted December 11, 2017 – Decided Before Judges Sabatino and Whipple. On appeal from Superior … first-degree robbery, and second-degree conspiracy to commit robbery. The charges arose out of the fatal attack … in Judge Leath's written opinion. Only a few short comments are in order. This court's standard of review "is …
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… OF ENVIRONMENTAL PROTECTION, BUREAU OF HAZARDOUS WASTE ENFORCEMENT, Petitioner-Respondent, v. YATES FOIL USA, INC., … and reports relied upon by DEP to establish that Yates Foil committed the violations. Yates Foil maintains that the plant's owner, Square D Company, which had complete control of the plant after Yates …
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… Argued October 3, 2017 – Decided Before Judges Fisher, Sumners and Moynihan. On appeal from the Commissioner of Education, Docket No. 5-5/14A. Samuel J. … Deputy Attorney General, on the brief). PER CURIAM The Commissioner of Education upheld the decision of the State …