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… appeal and his trial counsel was ineffective in other ways. Defendant was assigned PCR counsel and, in 2015, the … That initial order was entered on March 20, 2015, together with a written opinion. Defendant appealed and we … does not require a showing of serious bodily injury, as compared to proof of bodily injury; (2) the amount of drugs, …
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… Submitted February 6, 2019 – Decided Before Judges Nugent and Mawla. On appeal from the Superior … contractor to [p]laintiffs seven (7) days before work may commence, via e-mail, . . . . The [d]efendants must obtain … his mother. Miletic just shook his head and walked away. The son testified that after their paint removal …
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… Argued November 7, 2019 – Decided Before Judges Koblitz, Whipple and Gooden Brown. On appeal … delay, the fire escape was removed and construction was completed. In the interim, the property sustained … architectural plans showed the new building several inches away from the property line, which required plaintiff to …
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… Submitted October 22, 2019 – Decided Before Judges Currier and Firko. On appeal from the New Jersey … would be denied if the requested information was not forthcoming, and a new application would have to be submitted. On … (App. Div. 2006). However, "an appellate court is 'in no way bound by the agency's interpretation of a statute or its …
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… Submitted October 17, 2019 – Decided Before Judges Nugent and Suter. On appeal from the Board of … 16(d). Burd appealed that determination. Although a hearing commenced before the Appeal Tribunal examiner in August … SHOULD NOT BE REDUCED BECAUSE THE MONEY HE EARNED BY WAY OF EMPLOYMENT AFTER HE STARTED COLLECTING HIS PENSION …
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… Submitted December 16, 2019 – Decided Before Judges Sabatino and Natali. On appeal from the Superior … defendant's conviction and sentence and add the following comments. Defendant and multiple co-defendants were charged … basis for the plea can be established in either of two ways: "defendant may either explicitly admit guilt with …
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… Submitted September 16, 2019 – Decided Before Judges Messano and Susswein. On appeal from the … had "injurious consequences" to the victim; and the only way to combat the societal problem of drunk driving and the …
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… Argued September 23, 2019 – Decided October 2, 2019 Before Judges Geiger and Natali. On appeal from the Board of … the prison entrance and reported the incident to her shift commander. She was sent to the hospital for examination and … indicated the role of a corrections officer as "you're always on duty." "If you see something happening you have to …
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… Palach of the New Jersey State Police were detailed to a Targeted Integrated Deployment Effort in Newark, to suppress … detected the odor of alcohol emanating from the passenger compartment of the Dodge. Detective Durning was concerned … "[a]ll occupants of a motor vehicle located on a public highway, or the right-of-way of a public highway, shall be …
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… Submitted January 22, 2020 – Decided Before Judges Yannotti and Firko. On appeal from the Superior … an order entered by the Law Division on August 19, 2019 compelling it to participate in binding arbitration. We … On the record, the trial court reasoned that "the way that the contract is written, the [c]ourt [must] favor …
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… Submitted January 22, 2020 – Decided Before Judges Hoffman and Firko. On appeal from the Superior … Jury indicted defendant for second-degree conspiracy to commit second-degree burglary, N.J.S.A. 2C:5- 2, 2C:18-2; … of Middlesex County has no influence and is not in any way related to the charges pending against you in other …
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… Submitted December 3, 2019 – Decided Before Judges Hoffman and Firko. On appeal from the New Jersey … until December 13, 2017, after she contacted the Office of Community Choice Options. The DAR contended that the appeal … agency). "On the other hand, an appellate court is 'in no way bound by the agency's interpretation of a statute or its …
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… from established facts." Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995); see also … defines it as "[t]o block or stop up (a road, passageway, etc.); to close up or close off, esp[ecially] by … abortions, "rendering it impassable to employees and visitors," was found guilty of violating N.J.S.A. …
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… Argued December 11, 2018 – Decided February 7, 2019 Before Judges Hoffman, Suter and Geiger. On appeal from … Bernadette Harper, a New Jersey Manufacturers Insurance Company (NJM) insured, sustained injury to her lower back in … Procedural Terminology" Code. 5 A-1934-17T3 Stated another way, the only facility fees that are reimbursable for …
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… Submitted January 19, 2022 – Decided January 28, 2022 Before Judges Fisher and Smith. On appeal from the Superior … CURIAM On May 26, 2015, plaintiff Ana F. Cruz-Sosa filed a complaint against defendants, seeking personal injury … service of process until five years 3 Stated another way, because the several years' long delay was caused by …
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… Submitted January 3, 2022 – Decided January 10, 2022 Before Judges Vernoia and Firko. On appeal from the Superior … 10, 2019, defendant was driving on the Garden State Parkway in Sayreville when a tire blew out on his Lexus. A … the DWI charge, in exchange for the State's agreement to recommend dismissal of the four other charges. During his plea …
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… of Review (Board) finding him ineligible for unemployment compensation benefits pursuant to N.J.S.A. 43:21-5(a). We … "made her own decision to request another company altogether" instead "of talking to [him] about it." 5 A-3428-19 … to Cheng that Belayyabi spoke to employees in a "demeaning way" and that she had an "attitude." Cheng then told …
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… Submitted September 30, 2025 – Decided October 24, 2025 Before Judges Susswein and Augostini. On appeal from the New … of parole ineligibility. While incarcerated, appellant committed twenty-five disciplinary infractions, nineteen of … credible evidence in the record as a whole." Henry v. Rahway State Prison, 81 N.J. 571, 579-80 (1980) (citing 5 …
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… Plaintiff-Respondent, v. DASHON T. ROSS, a/k/a SAHEED MILFORD, DWIGHT SMITH, DASHONE THOMAS, and SAHEID MILLFORD, … Id. at 688. "To satisfy prong one, [defendant] had to 'overcome a "strong presumption" that counsel exercised … trial needs to be explained by counsel. Stated another way, if the decision not to object was a strategic 1 State …
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… Argued June 5, 2025 – Decided June 18, 2025 Before Judges Mawla, Natali, and Walcott-Henderson. NOT FOR … 3 A-1658-23 In April 2005, plaintiff was involuntarily committed into Bergen Regional, a mental health facility. … the matter had already been adjudicated and disposed of by way of summary judgment on January 7, 2010. Although not …