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… Argued May 5, 2022 – Decided May 17, 2022 Before Judges Haas and Mawla. On appeal from the Superior … granting defendant Robert C. Wilson's motion to dismiss his complaint for failure to state a claim. We affirm. Plaintiff … issue was raised; rather, the proper remedy was, at most, retrial before a different judge. See, e.g., DeNike v. …
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… Submitted February 14, 2022 – Decided May 4, 2022 Before Judges Sumners and Firko. On appeal from the Superior … his application to terminate his Megan's Law requirement of Community Supervision for Life (CSL) pursuant to N.J.S.A. … W.W. was ineligible for release from CSL because his most recent conviction in 2016, was for the violation of the …
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… Submitted October 7, 2020 – Decided February 10, 2021 Before Judges Ostrer and Enright. On appeal from the Superior … coating. After paying the full amount due, the Oliveiras complained to Mr. Cooper that the work was defective. Mr. … holes. They presented photographic corroboration of most of these defects. Yet, without addressing the …
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… Submitted January 19, 2021 – Decided February 9, 2021 Before Judges Sabatino and DeAlmeida. On appeal from the … after defendant's arraignment, the State offered to recommend a four-year sentence with a two-year period of … 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 March 3, 2021 – Decided April 6, 2021 Before Judges Whipple and Firko. On appeal from the Board of … she was married to Mr. Rasczyk. On June 22, 2000, Karen completed her PERS enrollment application and listed Mr. … when originally proposed was to ensure that members' most recent expression of beneficiary designation is given …
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… APPELLATE DIVISION DOCKET NO. A-1518-18T1 LANCE BROWN, Complainant-Appellant, v. RUTGERS, THE STATE UNIVERSITY OF … Submitted September 16, 2020 – Decided Before Judges Rose and Firko. On appeal from the New Jersey … of statutes, rules, caselaw and other authority). Further, most of Brown's assertions were not raised before the …
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… property, it was improved with a deteriorating, non-flood-compliant, one-family bungalow. The property had not been … Board for a use variance under N.J.S.A. 40:55D-70(d) to replace the bungalow with a two- story duplex, raised to … of the fact that the use is not permitted in the zone. Most often, whether a proposal meets that test will depend …
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… and affirm. Defendant was sixteen years old when he committed the offenses of which he was found guilty by jury: … possibility of rehabilitation even when the circumstances most suggest it. [Id. at 477-78 (citations omitted).] 5 … the motion judge that defendant's reliance on Miller is misplaced. Our Supreme Court recognized protections under the …
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… Submitted April 29, 2020 – Decided May 13, 2020 Before Judges Haas and Enright. On appeal from the Superior … at trial, the State's final witness, a detective, could not complete his testimony because he had to leave before the … to construct and present what he or she deems are the most effective arguments in support of the client's …
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… Submitted March 17, 2020 – Decided April 22, 2020 Before Judges Fisher and Rose. On appeal from the Superior … assaulted him with her automobile, causing him to suffer a compound fracture of his left leg. Defendant drove away from … "only" when the prosecutor's decision constitutes a "most egregious example[] of injustice and unfairness," State …
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… Submitted December 18, 2019 – Decided Before Judges Whipple, Gooden Brown, and Mawla. On appeal from … time they "spun the block," and that on their third time coming around the police spotted them. He asserted that he … of the evidence, but only with its existence, viewed most favorably to the State." State v. Muniz, 150 N.J. …
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… Submitted March 31, 2020 – Decided July 14, 2020 Before Judges Accurso and Gilson. On appeal from the Superior … one a tall, heavy-set black male. The car used in the commission of the robberies was described in the BOLO as an … that the robberies prompting the BOLOs had occurred almost a month before this stop, and the arresting officer's …
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… Third-Party Defendant- Appellant, and THOMAS MILAZZO, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … and its rental properties, collect and distribute rental income, and prepare the properties for sale, and denied … evidential materials presented, when viewed in the light most favorable to the non-moving party in consideration of …
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… Argued December 4, 2019 – Decided Before Judges Mayer and Enright. On appeal from the Superior … Ashe appeals from a December 14, 2018 order dismissing her complaint against defendant Newark Beth Israel Medical … draw records were discarded pursuant to hospital policy. Almost two years after filing its answer, the hospital filed a …
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… v. MESA UNDERWRITERS SPECIALITY INSURANCE COMPANY, INC., a subsidiary of SELECTIVE INSURANCE GROUP, … Argued December 18, 2019 – Decided Before Judges Haas and Mayer. NOT FOR PUBLICATION WITHOUT THE … evidential materials presented, when viewed in the light most favorable to the non-moving party, are sufficient to …
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… issues with disgruntled employees and fights at their workplaces. Because of those incidents, the clients employed … he sought to return to New Jersey as fugitives signed complaints against him. Appellant stated he pled guilty to … on June 22, 2018. The statutes were subsequently amended, most recently in 2019. The amendments to the statutes were …
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… A-2608-18T4 EVELYN JEFFERSON, Plaintiff-Appellant, v. THE COMMUNITY HOSPITAL GROUP d/b/a JFK MEDICAL CENTER, and JEAN … Argued January 23, 2020 – Decided February 18, 2020 Before Judges Koblitz, Whipple and Gooden Brown. On appeal … the court considers the evidence "in the light most favorable to the non-moving party" and determines …
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… Submitted November 19, 2019 – Decided Before Judges Hoffman, Currier and Firko. On appeal from the … in litigation to impede it. In December 2015, John filed a complaint in the United States District Court of New Jersey … the trial and appellate levels were filed by John, for the most part frivolous, requiring responses from Kelly. The …
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… Submitted February 22, 2021 – Decided May 13, 2021 Before Judges Rothstadt and Susswein. On appeal from the … American Neighborhood Mortgage Acceptance Company, LLC (ANMAC). The note was secured by a mortgage … 536). The motion judge must review the facts in the light most favorable 8 A-1558-19 to the party opposing summary …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … in litigation to impede it. In December 2015, John filed a complaint in the United States District Court of New Jersey … at the trial and appellate levels, which were for the most part frivolous and required responses from Kelly. The …