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- STATE OF NEW JERSEY VS. DAVID GILLIEN (11-05-0043, HUDSON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Submitted March 23, 2020 – Decided May 27, 2020 Before Judges Ostrer and Susswein. On appeal from the Superior … to allow his claim that the State's plea offer was not communicated to him. In June 2017, a new PCR judge heard … alleged substandard performance." Ibid. It is not our place, in other words, to speculate on Mr. Mirigliano's …
- njcourts.gov… Argued telephonically May 6, 2020 – Decided May 26, 2020 Before Judges Fisher, Gilson and Rose. On appeal from the … that the striking of his pleadings and the limitations placed on his testimony and ability to cross-examine … in alimony. The parties later moved to New Jersey to accommodate John's employment opportunities. 3 A-4947-17T3 In …
- njcourts.gov… NORTH EAST CONSTRUCTION, and PELLA WINDOWS AND DOORS, Commercial Division, Defendants-Respondents, and EVANSTON … 1 Improperly pled herein as Essex Insurance Company. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … a result of some action on the part of Tishman which took place in the last few months. The relevant transaction or …
- njcourts.gov… telephonically May 18, 2020 – Decided June 11, 2020 Before Judges Ostrer and Vernoia. On appeal from the Superior … motion to disqualify the first judge, dismiss the complaint, and for a stay of the writ of possession. We find … to property in the possession of another. The statute replaces the common law action of ejectment"), aff’d, 43 N.J. …
- njcourts.gov… Submitted March 25, 2020 – Decided June 23, 2020 Before Judges Whipple and Gooden Brown. On appeal from the … (UCC) and dismissing plaintiff's disability discrimination complaint with prejudice and an April 26, 2019 order denying … Transfer Department, gave plaintiff a verbal warning and placed him on a two- week review to monitor his attendance. …
- njcourts.gov… name, to protect their privacy. R. 1:38-3(d)(12). NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … in Judge Donaldson's decision and add the following comments. K.W. became pregnant with Jack soon after she and … from CHOP, a Dodd removal4 was effectuated, and Jack was placed in the care of C.M.'s paternal aunt. On March 1, …
- njcourts.gov… Argued February 6, 2020 – Decided July 9, 2020 Before Judges Alvarez and Nugent. On appeal from the Superior … the summary judgment dismissal of his personal injury complaint, which alleged that he slipped, fell, and susta … delineation. Furthermore, the photo was taken with water placed upon the stair tread which is not readily …
- STATE OF NEW JERSEY VS. SAOUL MONTALVO (16-05-1527, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Submitted May 27, 2020 – Decided June 26, 2020 Before Judges Accurso and Rose. On appeal from the Superior … described the building as a "boarding house," with a common hallway that led to defendant's room at its end; four … 443 (1984), the judge concluded the State should not be placed in a worse position due to the earlier police error …
- B.E.D. VS. D.S.W. (FV-04-2013-19, CAMDEN COUNTY AND STATEWIDE) (RECORD IMPOUNDED) - Unpublished Opinionsnjcourts.gov… telephonically June 30, 2020 – Decided July 20, 2020 Before Judges Vernoia and Rose. On appeal from the Superior … I. THE TRIAL COURT ERRED IN FINDING THAT DEFENDANT COMMITTED THE PREDICATE ACT OF HARASSMENT UNDER N.J.S.A. … to cry. Defendant took F.D. from plaintiff's arms and placed the child on his lap, but F.D. cried and wiggled away …
- njcourts.gov… telephonically June 1, 2020 – Decided July 27, 2020 Before Judges Sumners and Geiger. On appeal from the New Jersey Public Employment Relations Commission, P.E.R.C. No. 2018-048. Joshua I. Savitz argued … Association (the Association) when the Board decided to replace the members' public health insurance provider with a …
- njcourts.gov… Submitted March 26, 2020 – Decided Before Judges Suter and DeAlmeida. On appeal from the Superior … terminated the agreements. At that time, defendant had completed some, but not all, of the work for which he was retained. While the agreements were in place, defendant kept all of the money he collected on …
- njcourts.gov… Submitted March 31, 2020 – Decided August 31, 2020 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … medical services had arrived, checked the children, and placed them in an ambulance to transport them to the police … E.K. tested positive for marijuana, and it was recommended he seek outpatient drug treatment. Defendant …
- njcourts.gov… telephonically May 6, 2020 – Decided August 28, 2020 Before Judges Fisher, Gilson, and Rose. On appeal from the … from an expert concerning the Child Sexual Abuse Accommodation Syndrome (CSAAS). He also argues that his … "in" her vagina. E.M. also described an assault that took place when she was eating nachos. She testified that she was …
- STATE OF NEW JERSEY VS. BHAVUK UPPAL (16-05-0397, MORRIS COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Submitted July 15, 2020 – Decided August 27, 2020 Before Judges Hoffman and Currier. On appeal from the Superior … to get a cigarette and when he looked back up, traffic had come to a halt and he was unable to stop before hitting the … draw "was independently unconstitutional because it took place absent exigency, consent, or a warrant." We apply a …
- STATE OF NEW JERSEY VS. JORDAN X. SMITH (18-01-0069, MIDDLESEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Submitted August 4, 2020 – Decided August 17, 2020 Before Judges Rothstadt and Firko. On appeal from the Superior … was a twenty-three-year-old high school graduate, with some community college education, living with family members and … serve the interests of justice, the assignment judge shall place the defendant on probation pursuant to [N.J.S.A. …
- njcourts.gov… September 14, 2020 – Decided September 25, 2020 Before Judges Fasciale and Mayer. On appeal from Superior … killed his ex-girlfriend as she exited a restaurant with a companion, at whom defendant also shot but did not kill. In … issues, [which entails,] among other things, the time and place of each purported violation; whether the proof …
- njcourts.gov… in his capacity as Chairman of the Salem County Republican Committee, JESSICA BISHOP, in her capacity as Treasurer of … Submitted March 3, 2020 - Decided Before Judges Accurso, Gilson and Rose. On appeal from the … the [t]rust and [could] not spend, devest, borrow from or place a lien against the principal investments." Finally, …
- njcourts.gov… Argued September 21, 2020 – Decided Before Judges Rothstadt and Susswein. On appeal from the … a December 12, 2018 order that dismissed plaintiff's complaint. The motion judge reconsidered after he stated he … never amended its complaint and mediation never took place. Neither party appealed from that order nor sought …
- njcourts.gov… Submitted September 21, 2020 - Decided Before Judges Currier and DeAlmeida. On appeal from the … basis for defendant 's plea. The following colloquy took place during the discussion of the CDS charge: [PLEA … was essential to his plea. Defendant responded that the outcome of the civil reservation request did not affect his …
- ANELLO FENCE, LLC VS. SAM PORFIDO (DC-001106-19, MORRIS COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Submitted October 21, 2020 – Decided Before Judges Geiger and Mitterhoff. On appeal from the … of contract case, plaintiff Anello Fence, LLC filed a complaint in the Special Civil Part against defendant. The … cutting off the top of the arbor so that it could be replaced with the correct top. This resulted in the height …