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- STATE OF NEW JERSEY VS. EARL AUSTIN (12-02-0309, HUDSON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… demanded A.A. "give him everything he had." A.A. refused to comply and entered his vehicle in an attempt to leave. … (count one); causing the death of an individual during the commission of a robbery, N.J.S.A. 2C:11-3(a)(3) (count two); … charges. From this record, defendant presents the following points of argument for our consideration. I. THE TRIAL COURT …
- njcourts.gov… motion to vacate an order dismissing its legal malpractice complaint against its former attorney, defendant John D. … In September 2012, Kosylo filed a breach of contract complaint on plaintiff's behalf against plaintiff's … into by all three parties. On September 12, 2013, the complaint was dismissed on an unopposed summary judgment …
- STATE OF NEW JERSEY VS. PETER PAPASAVVAS (96-06-0823, MIDDLESEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… but sought to prove he lacked the mental state required to commit murder. Defendant presented an expert who opined that … medical examiner testified the cause of death was assault "compounded by strangulation both manual and ligature." A … denied tying a belt around the victim's mouth and neck. He points out a police report states residents a few miles from …
- B.F. VS. UNITED HEALTHCARE (DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES) - Unpublished Opinionsnjcourts.gov… same level of services previously approved . . . until the completion of a recertification by the new provider … hand, [B.F.'s expert] did not consult the [PCA] aide in completing her assessment and formulating her opinions and … in these areas. On appeal, B.F. raises the following points for our consideration: I. DMAHS's decision was …
- njcourts.gov… intentional infliction of emotional distress, aiding the commission of a tort, and conspiracy, based on defendant's … pursuant to the retainer was a "Motion to Dismiss – Civil Complaint." Paragraph 5 of that retainer, specified that … related to the children, and legal strategy. Burke also communicated with the DCPP, the Morris County Prosecutor's …
- STATE OF NEW JERSEY VS. XZAVIER D. HAYES (15-03-0309, HUDSON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… In exchange for defendant's plea, the State agreed to recommend a five-year sentence with a three-year period of … request, arguing the statutory 4 A-5549-17T4 period to commence trial had lapsed.1 After the trial court found the … 1 Defendant's counsel argued the period in which to commence defendant's trial began in February 2014, when …
- njcourts.gov… appeals from a March 29, 2019 order denying its motion to compel arbitration of claims raised in plaintiff James … explanations for its purpose, namely, to satisfy the per diem interest on the outstanding loan; "to allow time to … RIGHTS YOU AND WE DO NOT GIVE UP: . . .5) Right to seek remedies in small claims court for disputes or claims within …
- njcourts.gov… and Accurso. On appeal from the New Jersey Civil Service Commission, Docket No. 2018-1058. Charles J. Uliano argued … between Non-commissioned Officers and Junior Enlisted Soldiers was prohibited, in September 2014, Hernandez, a … §§ 921-930, does not prohibit him from possessing a gun. He points 8 A-3957-17T1 out that 18 U.S.C. § 922(g)(9) …
- njcourts.gov… Following the accident, plaintiff filed a single count complaint alleging that her injuries were caused by Nelson's … did not participate in the trial court proceedings, and the complaint was dismissed as to him. Defendants filed an answer to the complaint denying liability for Nelson's alleged negligent …
- 1ST COLONIAL COMMUNITY BANK VS. TRACEY FARKAS (L-1613-16, CAMDEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… APPELLATE DIVISION DOCKET NO. A-1910-18T1 1ST COLONIAL COMMUNITY BANK, Plaintiff-Respondent, v. TRACEY FARKAS, … 2A:15-59.1, the rule and statute that, among other remedies, permit a party to recover counsel fees when an … attorney to argue the motion for plaintiff, who then argued points of law not raised to the trial court prior to the …
- njcourts.gov… through its employees, inspected her facility excessively, committed willful misconduct and fabricated violations … plaintiff's allegations. He also noted plaintiff had complained of and been diagnosed with migraine headaches … To the extent not addressed, plaintiff's remaining points lack sufficient merit to warrant discussion. R. …
- njcourts.gov… found to have posted on the Internet numerous disparaging comments about his employer, in violation of Judiciary … never "return" to his or her former employment. Such an outcome "would violate public policy, contravene the … this case, and governed by different statutes. However, a comparison of the statutes demonstrates that Cardinale's …
- njcourts.gov… and Michael Anthony Mattessich, on the brief). Giblin, Combs, Schwartz, Cunningham & Scarpa, attorneys for … LLC's motion for summary judgment and dismissing their complaint because they did not file an affidavit of merit. … the law of the case. "The 'law of the case' doctrine embodies 'the principle that where there is an unreversed …
- njcourts.gov… that boards of adjustment and municipal governing bodies will act fairly and with proper motives and for valid … A. Padovano's detailed written opinion. We only add a few comments. First, we discern no procedural infirmity in how … passed muster under N.J.S.A. 40:55D-10(g). The remaining points raised on appeal lack sufficient merit to warrant …
- njcourts.gov… 5 A-1723-18T1 application in abeyance pending the outcome of Tretsis' removal appeal. It also expressed concern … THE PENDING APPEAL OF HER REMOVAL BEFORE THE CIVIL SERVICE COMMISSION IS FULLY RESOLVED. A. THE BOARD MISINTERPRETED … benefits. The term "likewise" used in N.J.A.C. 17:1-6.2(d) points us to the section that precedes it. N.J.A.C. …
- njcourts.gov… and the sole count in 17-06-0576. The State agreed to recommend 100 months in prison with fifty months of parole … the trunk. Marinho then asked defendant where he was coming from and defendant stated he was coming from his friend's house, a person Marinho believed …
- njcourts.gov… Exposition Authority [NJSEA] and the New Jersey Meadowlands Commission, "the two agencies with the common interest of promoting the economic growth of the … submitted on behalf of the NJSEA, the Attorney General points out the inconsistency of Hartz's position in this …
- njcourts.gov… and LAURA BARTZ, Plaintiffs-Respondents, v. WEYERHAEUSER COMPANY, SCHAEFFER FAMILY HOMES, LLC, SCHAEFFER … Novack, on the brief). PER CURIAM Defendants Weyerhaeuser Company, Schaeffer Construction LLC, Schaeffer Family Homes … appeal the August 2, 2019 order that denied their motion to compel binding arbitration of the claims made by plaintiffs …
- IN THE MATTER OF JENNIFER ROSENSTOCK (CP-0227-2007, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… residential treatment facility in Massachusetts, regularly communicated and wanted a relationship with both her … because of his remarriage." In a report to the court, she recommended the appointment of a forensic psychologist … 2A:23C-4, the privilege against disclosure of mediation communications. A trial court has broad discretion in making …
- STATE OF NEW JERSEY VS. JAMIE R. ALAMILLA (17-04-0457, MIDDLESEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… against his co- conspirators. Consequently, the State recommended a downgraded sentence of seven years in prison, … of the public in which the police ask questions and do not compel an individual to answer." State v. Rosario, 229 N.J. … a well-grounded suspicion of criminal activity before commencement. Id. at 271-72; see also Elders, 192 N.J. at …