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… Argued January 24, 2018 – Decided Before Judges Currier and Geiger. On appeal from Superior … Alexis; and (4) award him counsel fees and costs. In his accompanying certification, defendant outlined Jacoby expenses … justice.'" Catabran, 445 N.J. Super. at 587 (alteration in original) (quoting Rova Farms Resort, Inc. v. Inv'rs Ins. …
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… APPELLATE DIVISION DOCKET NO. A-5266-15T2 ANIM INVESTMENT COMPANY, Plaintiff-Appellant, v. GEORGE SHALHOUB and … Argued September 28, 2017 – Decided Before Judges Simonelli and Gooden Brown. On appeal from … indicator of [the Legislature's] intent.'" (alteration in original) (quoting DiProspero v. Penn, 183 N.J. 477, 492 …
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… Submitted December 19, 2017 – Decided Before Judges Hoffman and Mayer. On appeal from Superior Court … subsequent petitions for post-conviction relief. The Rule compels dismissal of a subsequent petition for PCR unless a … Armour, 446 N.J. Super. 295, 306 (App. Div.) (alteration in original) (quoting State v. Russo, 333 N.J. Super. 119, 137 …
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… STATE OF NEW JERSEY, Plaintiff-Respondent, v. DAVID COMPANIONI, Defendant-Appellant. … Submitted December 20, 2017 – Decided Before Judges Fuentes and Manahan. On appeal from Superior … 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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… DIVISION DOCKET NO. A-2148-15T3 ADRIAN TOOLEY-LESTER, Complainant-Appellant, v. JOSEPH TAYLOR & SONS, INC., … Submitted September 14, 2017 – Decided Before Judges Rothstadt and Gooden Brown. On appeal from the … as a whole.'" Stallworth, 208 N.J. at 194 (alteration in original) (quoting Henry, 81 N.J. at 579-80). Thus, in …
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… Submitted February 12, 2018 – Decided Before Judges Messano and DeAlmeida. On appeal from Superior … the judge denied the petition for reasons stated in a comprehensive written opinion. This appeal followed. We … v. Burns, 192 N.J. 312, 341 (2007) (second alteration in original) (emphasis added) (quoting State v. Jordan, 147 …
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… Submitted February 13, 2018 – Decided Before Judges Yannotti and Carroll. On appeal from the State … a final determination of the School Employees' Benefits Commission (Commission), which found that she was not … must file the second-level appeal within one year of the original determination letter. The Handbook also states that …
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… Submitted January 16, 2018 – Decided Before Judges Ostrer and Whipple. On appeal from Superior … The officer then ran the vehicle's license plate, which the computer flagged because the vehicle's owner had a 3 … State v. Bolvito, 217 N.J. 221, 228 (2014) (alteration in original) (quoting Roth, 95 N.J. at 364-65). 13 A-1511-15T2 …
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… Argued April 30, 2018 – Decided Before Judges O'Connor and Vernoia. On appeal from Superior … and obtained known photographs of each. The affiant compared the photographs with video recordings from the … that is recorded contemporaneously." Ibid. (alteration in original) (quoting State v. Marshall, 199 N.J. 602, 611 …
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… to walk over the hose, raised jury questions concerning her comparative negligence and assumption of the risk. I. … would lead the court to 6 A-1987-16T3 conclude that its original order was palpably incorrect, unreasonable, or … conduct a walk-through of 11 A-1987-16T3 the house and warn visitors of discoverable conditions on the property that …
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… Submitted May 14, 2018 – Decided March 4, 2019 Before Judges Ostrer and Whipple. On appeal from Superior … a white t-shirt. He was on the east side of the apartment complex at 1514 Monroe Avenue, near the border between … bullets came out of that killed the individual. And when originally confronted by the police, he didn't voluntarily …
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… Submitted February 5, 2019 – Decided Before Judges Rothstadt, Gilson and Natali. On appeal from the … we affirm. The issues related to appeal A-4263-16 are more complex. In that appeal, H.T. contends that the Division … State Prison, 81 N.J. 571, 580 (1980)) (alteration in original); see also W.T. v. Div. of Med. Assistance & Health …
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… Argued June 4, 2019 – Decided June 26, 2019 Before Judges Fasciale and Rose. On appeal from the Superior … R. 1:36-3. 2 A-4945-17T4 This appeal arises out of a complaint filed by plaintiff NJHR5, LLC, seeking to quiet … Manhattan Mortg. Corp., 325 N.J. Super. at 2 (alteration in original) (observing the Legislature, in the 1996 amendments …
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… Argued May 2, 2019 – Decided May 28, 2019 Before Judges Simonelli, Whipple and Firko. On appeal from … identification, K.B. was charged in a juvenile delinquency complaint alleging conduct, which if committed by an adult … as he to form a conclusion[.]'" Id. at 459 (alterations in original) (quoting Brindley v. Firemen's Ins. Co., 35 N.J. …
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… Submitted May 6, 2019 – Decided May 28, 2019 Before Judges Messano and Gooden Brown. On appeal from … part or all of the principal and accrued or undistributed income of the Trust to any one or more persons and entities, … a certification that included discovery responses in the original litigation, and voluminous materials detailing …
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… Submitted May 28, 2019 – Decided June 14, 2019 Before Judges Fasciale and Rose. On appeal from Superior Court … turn. During the stop, the police searched the passenger compartment of the car without a warrant. They discovered … of producing an unjust result[.]" Ibid. (alteration in original) (quoting R. 2:10-2). "Occasionally, however, a …
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… Submitted May 7, 2019 – Decided May 31, 2019 Before Judges Geiger and Enright. On appeal from Superior … incident, Villanueva had broken up with defendant and become romantically involved with Romero. Text messages read … State v. Daniels, 182 N.J. 80, 95 (2004) (alteration in original) (quoting State v. Macon, 57 N.J. 325, 336 (1971)). …
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… Submitted February 12, 2019 – Decided April 9, 2019 Before Judges Hoffman and Geiger. On appeal from the Board of … Director of Human Resources, who terminated claimant for committing two consecutive No Call/No Show absences on … 454 N.J. Super. 166, 171 (App. Div. 2018) (alterations in original) (quoting Trantino v. N.J. State Parole Bd., 166 …
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… Submitted March 13, 2019 – Decided April 4, 2019 Before Judges Fuentes, Accurso and Vernoia. On appeal from … 3 A-5287-16T3 The Passaic County Prosecutor's Office commenced an investigation of the cause of Laura's injuries, … care. Five days later, the Division filed a verified complaint for custody, care and supervision of the children …
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… Argued July 18, 2017 – Decided Before Judges Ostrer and Leone. On appeal from Superior Court … it, if I sentence you to over one year for a crime that you committed within 5 years after coming to this county you're … State v. Marshall, 148 N.J. 89, 158 (alteration in original) (citation omitted), cert. denied, 522 U.S. 850, …