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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … that through the closing, which occurred on February 2, 2007, Lopez never said anything to lead her to believe … judge found that Brown's testimony was credible. The judge pointed out that during the relevant period, Brown was in …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … Thus, although the record was not developed on this point, it appears the costs for the allocation the HTMUA … to the Authority upon completion. There is also a similar 2007 Sewer System Agreement between High Ridge and the HTMUA …
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… Essex Chemical Corporation (Essex). We affirm. I. In June 2007, plaintiffs commenced this action seeking, among other … resource damages pursuant to the Spill Compensation and Control Act (Spill Act or the Act), N.J.S.A. 58:10-23.11 to … microorganisms that treat the contamination. MacDonald pointed out that this technology had already worked well on …
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… argued the cause pro se. PER CURIAM In this highly contentious and litigious matrimonial matter, defendant … following overlapping arguments, which we recite verbatim:2 POINT I THE TRIAL COURT ERRED BY CONSIDERING AND ADDRESSING … Hand v. Hand, 391 N.J. Super. 102, 105 (App. Div. 2007) (citing Kinsella v. Kinsella, 150 N.J. 276, 317 …
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… classification under 1 We use initials to preserve the confidentiality of these proceedings. R. 1:38- 3(c)(9). NOT … Diagnostic and Treatment Center in Avenel, New Jersey in 2007 and was classified as a Tier Three offender. We … [therefore] cannot be said to lower his risk to the point wherein Tier [Two] classification would be more …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … No. A-0660-16 (App. Div. Feb. 7, 2018). In our opinion, we pointed out that "Faya Fontilus—the only eyewitness to the … a meritless motion," State v. O'Neal, 190 N.J. 601, 619 (2007), and we agree with the PCR judge that neither motion …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … permitted under Rule 3:5-7(d), raising the following single point for our consideration: POINT I THE MATTER SHOULD BE … court cannot enjoy.'" State v. Elders, 192 N.J. 224, 244 (2007) (quoting State v. Johnson, 42 N.J. 146, 161 (1964)). …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … [defendant] admitted to drinking frequently to the point of intoxication. She also admitted that she had … of Youth & Family Servs. v. M.M., 189 N.J. 261, 278-79 (2007). We maintain that deference "unless the trial court's …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … On appeal, petitioner raises the following arguments: POINT ONE APPELLANT'S EXPUNG[E]MENT IS NOT PROHIBITED UNDER … Estate of Carambio, 394 N.J. Super. 292, 298 n.4 (App. Div. 2007), rev'd on other grounds, 195 N.J. 575, 593 (2008). 7 …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … R. 1:38-3(d)(12). 3 A-3657-18T4 I.R. raises the following points on appeal: POINT I THE TRIAL COURT ERRED IN FINDING … Div. of Youth & Family Servs. v. M.M., 189 N.J. 261, 281 (2007)). A comparative bonding evaluation between a child and …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … Sara's half, which was not agreed to anywhere. David also pointed to two prior drafts of the MSA in which Sara … general purpose.'" Pacifico v. Pacifico, 190 N.J. 258, 266 (2007) (quoting N. Airlines, Inc. v. Schwimmer, 12 N.J. 293, …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … accident and hoped to receive an award in her favor at some point in the future.1 On direct examination, defendant … in the record.'" State v. Elders, 192 N.J. 224, 243 (2007) (citing State v. Locurto, 157 N.J. 463, 474 (1999)). …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … the judge found that defendant's argument on this point did not have "any meat on the bones." Fourth, … have been successful. State v. O'Neal, 190 N.J. 601, 619 (2007). "It is not ineffective assistance of counsel for …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … over a four-story parking garage. Defendant's merits brief points out that a separate action in lieu of prerogative … v. Borough of Avalon, 391 N.J. Super. 181, 189 (App. Div. 2007) (quoting Cohen, 368 N.J. Super. at 346). At any rate, …
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… in oral argument but joins in the opinion with the consent of counsel. R. 2:13-2(b). APPROVED FOR PUBLICATION … presents the following arguments for our consideration: POINT I THE APPELLATE DIVISION OWES NO DEFERENCE TO THE … v. Prudential Ins. Co. of Am., 192 N.J. 110, 119 (2007). This court's "goal in the interpretation of a statute …
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… Sparaco, Designated Counsel, on the brief). Yolanda Ciccone, Middlesex County Prosecutor, attorney for respondent … In this ensuing appeal, defendant raises the following points for our consideration: POINT I DEFENDANT WAS ENTITLED … State v. Gaither, 396 N.J. Super. 508, 513 (App. Div. 2007). Failure to meet either prong of the Strickland/Fritz …
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… the brief). PER CURIAM Defendant Edres Carter appeals his conviction and sentence on drug possession and distribution … raising the following issues for our consideration: POINT I [DURING] SUMMATION, THE ASSISTANT PROSECUTOR: (1) … piece of testimony. State v. Wakefield, 190 N.J. 397, 440 (2007). Whether or not a curative instruction can eliminate …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … makes one argument, which he articulates as follows: POINT I – REPEATED INSTANCES OF PROSECUTORIAL ERROR IN … of a fair trial. State v. Wakefield, 190 N.J. 397, 446 (2007). Thus, even when a prosecutor's comments constitute …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … lays out the dimensions for reaching hazards such as pinch points, it would lay 5 A-0315-16T1 out between … N.J.R.E. 702 to follow the 2000 amendment to F.R.E. 702. 2007 – 2009 Report of the Supreme Court Committee on the …
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… from a January 17, 2014 order denying his petition for post-conviction relief (PCR). On NOT FOR PUBLICATION WITHOUT THE … PCR and his request for an evidentiary hearing, arguing: POINT I THE ORDER DENYING POST-CONVICTION RELIEF SHOULD BE … 518, 540 (2013). See State v. Elders, 192 N.J. 224, 244 (2007) ("A trial court's findings should be disturbed only if …