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… -1- NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE … taxpayer received a number of medals and commendations. The most relevant for the purposes of this decision are the …
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… Submitted November 2, 2022 – Decided November 28, 2022 Before Judges Vernoia and Firko. On appeal from the Superior … In his PCR petition, defendant claims he could not have committed the offense to which he pled guilty because he is … hearing, the PCR court must consider the facts in the light most favorable to the defendant to determine if the …
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… Submitted September 13, 2022 – Decided September 16, 2022 Before Judges Sumners and Geiger. On appeal from the New … (NJDOC) upholding a hearing officer's finding that she committed prohibited acts *.803/*.002, "attempting to … is the main neurological symptom and one of the earliet and most commonly reported indicators of COVID-19 . . . ." Kevin …
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… Submitted January 18, 2023 – Decided February 9, 2023 Before Judges Messano and Rose. On appeal from the Superior … agreement, defendant pled guilty to murder, conspiracy to commit murder, unlawful possession of a weapon, and … his or her claim, viewing the facts alleged in the light most favorable to the defendant, will ultimately succeed on …
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… Submitted September 28, 2022 – Decided October 12, 2022 Before Judges Messano and Gilson. On appeal from the Superior … Ocean County, Docket No. FV-15-0057-22. Tonacchio, Spina & Compitello, attorneys for appellant (Joseph Compitello, on … from immediate danger or the threat of future abuse "is most often perfunctory and self-evident," although "the …
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… Submitted September 28, 2022 – Decided October 14, 2022 Before Judges Messano and Gilson. On appeal from the Superior … advise him of his sentencing exposure if he went to trial compared to the State's more favorable plea offer; failed to … his or her claim, viewing the facts alleged in the light most favorable to the defendant, will ultimately succeed on …
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… Submitted December 12, 2023 – Decided December 22, 2023 Before Judges Mayer and Enright. On appeal from the Superior … in the second- degree range. In a July 19, 2022 order and accompanying written decision, the PCR judge denied … counsel's efforts, including the State's dismissal of the most serious charges. If defendant had gone to trial on all …
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… Submitted January 17, 2023 – Decided April 28, 2023 Before Judges Smith and Marczyk. On appeal from the Superior … Street Apartments1 in response to a fire alarm. The complex housed over 400 students in 81 different units. … amenability to rehabilitation. He argues the GCPO focused almost exclusively on the nature of the offense and used that …
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… Submitted February 12, 2024 – Decided February 29, 2024 Before Judges DeAlmeida and Bishop-Thompson. On appeal from … head. A jury convicted defendant of fourteen counts, the most serious of which were felony murder, aggravated … The judge concluded that the motion record remained incomplete, and defendant's repetition of his prior legal …
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… of a curb, guardrail, and fence separating the parties' commercial properties, and alleged a claim of bad faith … matter of law. The following facts are viewed in the light most favorable to plaintiff as the non-moving party. Polzo … the initial action was not appealed, plaintiff cannot revisit that ruling in the current action. Although not …
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… Argued May 31, 2023 – Decided July 12, 2023 Before Judges Gilson and Rose. On appeal from the Superior … trial, finding that it was untimely and not supported by competent evidence. In December 2015, defendant was … an adverse inference were established by defendant. Most fundamentally, Judge Guadagno found that defendant …
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… Submitted December 14, 2022 – Decided July 18, 2023 Before Judges Enright and Bishop-Thompson. On appeal from the … of parole ineligibility. During his incarceration, Rivera committed six institutional infractions. These infractions … included "asterisk" infractions, which are considered the most serious offenses for inmates to commit in prison. See …
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… Submitted April 9, 2024 – Decided May 24, 2024 Before Judges Gooden Brown and Puglisi. On appeal from the … and fumes from glue guns, markers, paints and acrylics. She complained to the principal and vice principal "repeatedly." … reasoning were "overborne" by Dr. Kahnowitz's testimony: Most of [Dr.] Kahnowitz's conclusions and opinions were …
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… and ALEN FELD and THE CITY OF BAYONNE, and its Component Departments, Offices, and Agencies,1 Defendants. … Submitted April 9, 2024 – Decided April 17, 2024 Before Judges Mayer and Enright. 1 Defendants Alen Feld and … the 'available competent evidence, considered in a light most favorable to the non-moving party, is insufficient to …
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… Argued October 30, 2023 – Decided November 22, 2023 Before Judges Marczyk and Chase. On appeal from the Superior … appeals from an August 25, 2022 order dismissing his complaint against defendants JumpinJax Kids Corp. … material facts from the record, viewing them in the light most favorable to plaintiff. See Richter v. Oakland Bd. of …
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… Submitted October 31, 2023 – Decided November 29, 2023 Before Judges Mayer and Paganelli. On appeal from the Superior … and defendant had a dating relationship and have a child in common. On April 25, 2021, defendant and the child had a … has been no sign of harm to the child." The judge found "most troubling . . . the harm that defendant's actions …
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… Argued October 17, 2023 – Decided November 13, 2023 Before Judges Sumners and Perez Friscia. On appeal from the … his summary judgment motion; sua sponte dismissing his complaint with prejudice; and rejecting his recusal request. … dismissed Shurkin's complaint with prejudice. 1 Because most of the individual defendants share last names, they …
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… Submitted December 3, 2024 – Decided January 13, 2025 Before Judges Perez Friscia and Bergman. On appeal from the … received no payments from defendant, plaintiff filed a complaint against defendant alleging causes of action for … evidential materials presented, when viewed in the light most favorable to the non-moving party, are sufficient to …
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… JERSEY APPELLATE DIVISION DOCKET NO. A-3163-22 GREENBRIAR COMMUNITY ASSOCIATION, INC., Plaintiff-Appellant, v. CARLA … Submitted May 20, 2024 – Decided July 9, 2024 Before Judges Gilson and Berdote Byrne. On appeal from the … assessments, while defendant maintained that she had paid most of those assessments. Ultimately, the court found that …
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… Submitted May 8, 2023 – Decided May 31, 2023 Before Judges Whipple, Mawla and Walcott- Henderson. On appeal … second-degree possession of a firearm in the course of committing a drug crime, N.J.S.A. 2C:39-4.1; fourth-degree … of Strickland.2 Even when viewing the evidence in a light most favorable to defendant, the PCR judge noted the record …