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… Submitted September 12, 2018 – Decided Before Judges Sabatino and Mitterhoff. On appeal from Superior … two passengers to their requested destination about a mile away. One of the passengers, alleged to be defendant, then … once again found guilty of armed robbery and conspiracy to commit armed robbery. The State dismissed the weapons count, …
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… Argued June 26, 2018 – Decided October 29, 2018 Before Judges Nugent and Accurso. On appeal from Superior … that though he knew the point could be argued, "there's no way for those east and west walls to remain in spite of what … prerogative writs, challenging the Board's decision. In a comprehensive written decision, Judge Julio L. Mendez upheld …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS : SUPERIOR COURT OF NEW JERSEY ROBERT … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no … also emphasized heavily that the Declarations page was the way by which a Court should determine the expectation of the …
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… the court made factual errors about her ability to earn income. Plaintiff argued the court erred in its distribution … not entitled to any special deference." Hitesman v. Bridgeway, Inc., 218 N.J. 8, 26 (2014) (citing Manalapan Realty, … a supervisor of "a staff of [seventy-two] and an annual budget of about $1,000,000." There she earned $82,000 a year. …
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… Argued June 5, 2018 – Decided July 10, 2018 Before Judges Reisner, Mayer, and Mitterhoff On appeal from … Enrico's (plaintiffs) as to Count I of plaintiffs' Amended Complaint. We affirm. This matter arises from a collective … The 2015 Agreement modified Article VIII in two significant ways. First, the 2015 Agreement changed the formula for …
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… Argued May 9, 2018 – Decided June 28, 2018 Before Judges Koblitz and Suter. On appeal from the Board of … events that he alleged were the cause of his PTSD. In a comprehensive written decision on March 24, 2017, the ALJ … was driving erratically. When the driver pulled into a driveway, an officer told him to turn off the car. Instead, the …
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… Submitted May 1, 2018 - Decided Before Judges Gilson and Mayer. On appeal from Superior Court … also appeals from his conviction, arguing the prosecutor's comments during closing argument deprived him of a fair … active crime area. Fittin parked his patrol car in such a way that it blocked the car with the tinted windows. …
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… and Ebere Chukwunyere, over a parking spot in the driveway of a body shop located in Newark. After blocking the car … in detail, the MCJ found Chukwunyere's testimony to be "compellingly credible, believable, and truthful." The MCJ … could not testify to how many people were gathered around together. Mr. Chukwunyere did testify that it appeared to be …
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… Submitted February 14, 2018 – Decided Before Judges Nugent, Currier, and Geiger. On appeal from … motivation and age of the defendant; (4) the desire of the complainant or victim to forego prosecution; (7) the needs … even created a fake profile page of her and went out of his way to contact her family. The defendant even admitted that …
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… Submitted January 22, 2018 – Decided Before Judges Sabatino, Ostrer and Whipple. On appeal from the Local Finance Board, Department of Community Affairs, Docket No. LFB 14-018. Kelaher, Van Dyke … Sys., 206 N.J. 14, 27 (2011). Nonetheless, we are "in no way bound by the agency's interpretation of a statute or its …
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… 59:1-1 to 12-3, because plaintiff had substantially complied with the TCA's notice provisions.3 On appeal, … of claim and that "[p]laintiff's accident report . . . together with the subsequent Tort Claim Notice prepared by … where the notice was 12 A-1353-16T2 written and given in a way, which though technically defective, substantially …
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… me. I'm not interested anymore." Defendant did not comply and sent plaintiff several text messages, requesting … one thing and it can be taken/read a totally different way . . . It sucks and happens all the time . . . Honestly I … You don't have a past. You don't have children together. . . . . And . . . you had . . . I guess about six …
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… Argued October 12, 2017 – Decided Before Judges Haas and Rothstadt. On appeal from Superior … and argue that Judge Jacobson erred because they were in "compliance" with all applicable state laws and regulations. … police officers to discard dead animals found in the roadway and to remove dead deer from the "travel portion of the …
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… Plaintiff-Appellant, v. STATE OF NEW JERSEY, DEPARTMENT OF COMMUNITY AFFAIRS, DIVISION OF HOUSING, … Submitted November 29, 2017 – Decided Before Judges Nugent and Geiger. On appeal from Superior Court … in Camden County[]" and "shall not be construed, in any way, as an indication that an applicant, who currently …
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… Submitted September 27, 2017 – Decided Before Judges Alvarez and Geiger. On appeal from Superior … his co- worker refused to drive it further because it was swaying in the wind. Defendant claims they would have been … course. Defendant applied for admission into PTI. He was recommended for admission into PTI by the vicinage's criminal …
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… of Leckie's expert report, the municipal court's staff communicated with Gonzalez's secretary to set a trial date. … the record that Gonzalez's behavior was habitual or in any way disrespectful or offensive, and therefore, it did not … municipal court proceedings reflect that Gonzalez was apologetic, respectful, and mindful of the impact on the client …
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… Submitted May 2, 2017 – Decided Before Judges Messano, Suter, and Grall. On appeal from the … corporate veil. The jurors awarded plaintiffs $682,000 for compensatory and $301,000 for punitive damages. Cherry was … 2, 2015. It indicates that plaintiffs seek relief by way of summary proceeding at the return date set forth . . . …
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… Argued September 12, 2017 — Decided Before Judges Reisner and Mayer. On appeal from the Board of … not a police officer in the municipality where his brother committed suicide, was asked to respond because the State … 189, 196 (2007). "An appellate court, however, is 'in no way bound by the agency's interpretation of a statute or its …
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… Argued September 7, 2017 – Decided Before Judges Rothstadt and Vernoia. On appeal from Superior … Under his negotiated plea agreement, the State agreed to recommend that the court sentence defendant as a third-degree … defendant discussed his children in sexually graphic ways with strangers on the internet, and expressed interest …
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… Argued September 19, 2017 – Decided Before Judges Fisher, Fasciale and Moynihan. On appeal from … THE AMBIGUOUS PHRASE "AND/OR" IN THE JURY INSTRUCTION ON ACCOMPLICE LIABILITY WAS PLAIN ERROR BECAUSE IT "GENERATED NUMEROUS WAYS IN WHICH THE JURY COULD HAVE CONVICTED WITHOUT A SHARED …