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… Submitted October 6, 2020 – Decided Before Judges Yannotti, Mawla, and Natali. On appeal from the … for Spadaccini attested to similar academic and personal accomplishments of his client. He stated that she is currently … it to be a trivial offense. 195 N.J. Super. at 467, 477. Ultimately, "[t]he goal of a judge in exercising judicial …
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… by police officers. In 2007, M.A. was involuntarily committed to a hospital for psychiatric evaluation and … for the Board to conclude that these statutes, when read together, do not allow creditable service for the period that … pending against him. Even though the disciplinary charges ultimately were dismissed through a settlement agreement, …
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… Submitted March 8, 2021 – Decided May 7, 2021 Before Judges Rothstadt and Susswein. On appeal from the … 2C:15-2(a)(1), (2), and (4)2; second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1(a)(1); … counsel ignores the fact that the trial judge, not counsel, ultimately controlled the plea colloquy and was required to …
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… JUNE JONES, Defendant, and MORRIS CANAL REDEVELOPMENT AREA COMMUNITY DEVELOPMENT CORP., Defendant-Appellant. … Submitted January 26, 2021 – Decided April 28, 2021 Before Judges Gilson and Gummer. On appeal from the Superior … 28, 2016. After thirteen adjournments, the arbitration ultimately was scheduled to take place on June 27, 2018. The …
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… a computer at th[at] time." She acknowledged she did not always complete her assignments but attributed this to her … the evidence submitted by the parties on the motion, together with all legitimate inferences therefrom favoring the … (citing Andersen, 89 N.J. at 493). "[P]laintiff retains the ultimate burden of 10 A-4237-19 persuasion at all times; …
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… sole owner of Smile of New Jersey, P.A. (SNJ), a New Jersey company located in Tennessee that places advertisements on … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no … and medical licensing are different. The court in Schick ultimately decided that there were issues of fact related to …
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… distribution network in Ocean County. SOG detectives ultimately arrested defendant and conducted a strip search … seek extended-term sentences for either offense and to recommend consecutive terms of ten years, with a five-year … seized without a warrant, the State must file a motion, together with a brief and a statement of facts. The defendant …
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… her position in the passenger seat while defendant drove away. At the same time, Woods was on duty in his unmarked … not find any contraband or weapons on defendant. As Woods completed defendant's pat-down, the Ford attempted to drive … to enter into drug court probation from which he was ultimately terminated but not returned to prison. 1 On the …
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… STATE OF NEW JERSEY, Plaintiff-Respondent, v. JOHN W. PETTIFORD, a/k/a JEFFREY A. PETTIFORD, Defendant-Appellant. … found aggravating factors three, the risk defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); six, … alleged in the light most favorable to the defendant, will ultimately succeed on the merits." Ibid.; see also State v. …
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… ask questions surrounding Scheraldi's application. Pagano ultimately spent down Scheraldi's assets and she was granted … and Health Services (Director). Egg Harbor filed a complaint in the Law Division to recover the approximately … defendant 'consistent with due process of law.'" Bayway Refining Co. v. State Utilities, Inc., 333 N.J. Super. …
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… Submitted November 9, 2022 – Decided March 8, 2023 Before Judges Messano and Gummer. On appeal from the Superior … height to refute the testimony of a witness who had compared his own height to the height of the shooter he had … deportation reference or that the reference impacted the ultimate outcome of the trial . Defendant's argument …
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… Submitted December 5, 2022 – Decided January 26, 2023 Before Judges Whipple and Marczyk. On appeal from the Superior … a first-degree offense. In exchange, the State agreed to recommend a sentence of twenty-eight years with eighty-five … facts alleged in the light most favorable to [him], will ultimately succeed on the merits." Ibid. "To establish a …
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… Seven D's attorney supplied Grove with a copy of Briukhan's complaint. Grove did not move to intervene in the lawsuit. Seven D's and Briukhan ultimately settled the initial lawsuit. Under the written … Super. 453, 461–62 (App. Div. 1996) (citing O'Boyle v. Fairway Prods., Inc., 169 N.J. Super. 165, 167 (App. Div. …
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… out-of-state pursuant to the Interstate Corrections Compact (ICC), N.J.S.A. 30:7C-1 to 12,1 appeals from a … to reviewing how a loss-of- commutation-time sanction will ultimately impact the inmate's original sentence, and it … N.J. Super. 18, 23 (App. Div. 2005) (quoting Henry v. Rahway State Prison, 81 N.J. 571, 579-80 (1980)). "[A]n …
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… who had since remarried, filed a CIS showing a budget of $9,500 per month. Less the alimony and life insurance … N.J. 139, 145 (1980)). Indeed, the parties cannot bargain away the court's equitable jurisdiction. However, . . . the … defendant contested the cause of action for divorce, and ultimately lost the issue. Steiner v. Steiner, 470 N.J. …
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… that it had nothing more since all records had been thrown away. Based on this, the conferee determined that SRNJ had … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no … of Perth Amboy, 9 N.J. Tax 571, 581 (Tax 1988). Here, the ultimate fact to be resolved is the reasonableness of the …
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… Submitted October 10, 2018 – Decided Before Judges Hoffman and Suter. On appeal from Superior Court … filed a petition for post-conviction relief (PCR). In a comprehensive written opinion, Judge Dennis Nieves denied … at 242. The identification's 9 A-4429-16T1 reliability and ultimate admissibility must be strictly tested through a …
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… sold defendant the plastic bag, and defendant walked away. A few minutes later the manager saw defendant walk … prepare his case with his counsel; counsel did not obtain a complete copy of the discovery materials; counsel "failed to … FAILED TO ADVISE HIM OF TRIAL STRATEGY AND DEFENSES, ULTIMATELY RESULTING IN A FAR GREATER SENTENCE [THAN] WAS …
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… M.D., and Syed Ammer Shah, M.D., and dismissing plaintiff's complaint with prejudice. The motion judge denied … consider plaintiff's opposition and, in any event, the ultimate sanction of dismissal was unwarranted. Finally, she … 6.1 on R. 2:5-1 (2018) (citing Sikes v. Twp. of Rockaway, 269 N.J. Super. 463, 465-66 (App. Div.), aff'd o.b., …
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… Argued September 19, 2017 – Decided Before Judges Reisner, Hoffman, and Gilson. On appeal from Tax … & Greenberg, LLC, attorneys for intervenor Madison Trust Company as collateral assignee of Stonefield Investment Fund … year, as well as the tax years 2012, 2013, 2014, and 2015. Ultimately, the City only signed a settlement agreeing to a …