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- A-0321-23 – SALVATORE PENSIERO VS. BOARD OF TRUSTEES, ETC. (POLICE AND FIREMEN'S RETIREMENT SYSTEM) Opinionnjcourts.gov… factors. [Allstars Auto. Grp., Inc. v. N.J. Motor Vehicle Comm'n, 234 N.J. 150, 157 (2018) (quoting In re Stallworth, … that [t]he undesigned and unexpected event . . . was the combination of unusual circumstances that led to Moran's …
- A-3838-22 – STEVEN BAGLIVO VS. KIMBERLY A. BAGLIVO (FM-01-0938-08, ATLANTIC COUNTY AND STATEWIDE) Opinionnjcourts.gov… a reopening of the FJOD. We affirm. Plaintiff filed a complaint for divorce in 2008. After extensive discovery, … He answered questions about his ownership in various companies, tax returns, documents disclosed in discovery, … as her witness. On June 28, 2023, Judge Podolnick issued a comprehensive, well- reasoned written opinion and order …
- njcourts.gov… 1 "An 'open plea' [is] one that d[oes] not include a recommendation from the State, nor a prior indication from the … [himself] and plea counsel." 4 A-2526-21 "would never come to court to testify" against him. Defendant asserted … the acts or omissions of counsel of which a defendant complains must amount to more than mere tactical strategy. …
- njcourts.gov… was ineffective in failing to provide defendant with complete discovery concerning his case. On this appeal, … his claim that his trial counsel failed to provide him with complete discovery, and (2) his certain persons convictions … Defendant then sexually assaulted the victims, including committing multiple aggravated sexual assaults on four of …
- A-21-24 Supplemental Appellant Brief and Appellant Response to Amicus Curiae Briefs Briefsnjcourts.gov… Cir. 2012)…………………………………………………………………………4, 5 Lopez v. Cequel Communications, LLC, 2021 WL 5112982 (E.D. Cal. Nov. 3, … 2024 WL 2838313 (Jun. 5, 2024)………….3 Specht v. Netscape Commc’ns Corp. 306 F.3d 17 (2d Cir. 2002)………… …...2 Williams … action to demonstrate assent to them.” Lopez v. Cequel Communications, LLC, 2021 WL 5112982 (E.D. Cal. Nov. 3, …
- A-1710-22 – DAVID HOOK, ET AL. VS. BOHDAN SENYSZYN, ET AL. (L-0296-04, SUSSEX COUNTY AND STATEWIDE) Opinionnjcourts.gov… arbitration in 2010. In 2017, plaintiffs moved to compel arbitration and the court entered an order confirming … to the arbitration. Specifically, defendant claimed Hook committed fraud because defendant reviewed Aandrei's … of the amounts which . . . Hook, [his wife,] and their companies had to expend to fight [defendant] on multiple …
- A-1261-21 – CARRIE GRAPSTEIN VS. BOARD OF TRUSTEES, ETC. (TEACHERS' PENSION AND ANNUITY FUND) Opinionnjcourts.gov… was hired by the Essex Regional Education Service Commission (ERESC) to a position that offered a TPAF pension … her former employer, and made several requests that they complete their portion of 3 A-1261-21 the transfer form. In … On May 20, 2019, the Division received petitioner's completed application for interfund transfer. On May 21, …
- A-2282-21 – WILLIAM ENGELHARDT, JR. VS. DIANA ENGELHARDT (FM-15-0658-04, OCEAN COUNTY AND STATEWIDE) Opinionnjcourts.gov… modifying his alimony obligations; erred by considering income defendant earned from the retirement account he … set a modified alimony obligation resulting in an income for defendant greater than plaintiff's. Engelhardt v. … the judgment of divorce, and the trial court reasoned the income earned on the post-judgment contributions could be …
- A-1545-21 – STATE OF NEW JERSEY VS. CHRISTIAN MOJICA (18-05-0446, MORRIS COUNTY AND STATEWIDE) Opinionnjcourts.gov… (PCR). We affirm. Defendant was charged in a five-count complaint warrant with drug and weapons offenses. In 2018, … questions for counsel or the court. Defendant testified he committed the offenses for which he was offering his plea. … failed to show counsel's conduct prejudiced the outcome of the case and that defendant wanted to go to trial …
- njcourts.gov… explain the reasons for imposing consecutive sentences, the commission of such an error is not a cognizable ground for …
- njcourts.gov… being placed on probation . . . fail[ing] to perform any community service, [and] fail[ing] to make any payments," … charged in an indictment with second-degree conspiracy to commit murder, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:11-3; murder, … defendant was acquitted of second-degree conspiracy to commit murder but convicted of aggravated manslaughter, as a …
- A-3262-21 – STATE OF NEW JERSEY VS. YEFRI A. CASTRO (19-04-0460, BERGEN COUNTY AND STATEWIDE) Opinionnjcourts.gov… did render defendant deportable, regardless of the outcome of the present matter. Regarding defendant's right to … or omissions fall "outside the wide range of professionally competent assistance" given the circumstances of the … about the deportation consequences of the Bergen plea fueled defendant's decision to plead guilty. We agree with …
- A-1803-20 – STATE OF NEW JERSEY VS. RAMON D. RUIZ-PEREZ (13-01-0043, CAPE MAY COUNTY AND STATEWIDE) Opinionnjcourts.gov… is based on the factual predicate that the defendant committed the 8 A-1803-20 offense but did not possess the …
- njcourts.gov… County Grand Jury indicted defendant for conspiracy to commit first-degree murder, N.J.S.A. 2C:5-2 and N.J.S.A. … agreed to dismiss the remainder of the indictment and to recommend a life sentence with a thirty-year parole … in the State prison system." The trial court imposed the recommended sentence as set forth in the plea agreement. …
- A-1084-22 – MOHAMMED JALOUDI VS. NJHR1, LLC, ET AL. (L-3020-18, PASSAIC COUNTY AND STATEWIDE) Opinionnjcourts.gov… "declined" because LoanDepot was "[u]nable to [v]erify [i]ncome." Plaintiff averred that under the contract's mortgage … deposit. On September 12, 2018, plaintiff filed a verified complaint in Passaic County Superior Court, seeking a refund … of the deposit, costs of suit and attorney's fees. The complaint stated plaintiff canceled the contract "based on …
- njcourts.gov… than sixteen years old. In return, the State agreed to recommend a sentence of seven years in prison subject to a … judge asked PCR counsel about N.J.S.A. 2C:43-6.4, the law compelling PSL for defendants who are convicted of … The PCR judge further found "[d]efendant testified . . . he completed the [plea] form, he answered all the questions. He …
- A-2891-21 – ANGEL MENDEZ VS. BOARD OF TRUSTEES, ETC. (POLICE AND FIREMEN'S RETIREMENT SYSTEM) Opinionnjcourts.gov… According to Mendez, when a hose is stored correctly it comes out one layer at a time, and it was unusual for "a large pile of hose to come down like that." After returning to the fire station on the day of the incident, Mendez completed and signed an injury report in which he stated, …
- njcourts.gov… granting defendant Carvana, LLC's motion to dismiss the complaint and compel arbitration of plaintiff's NOT FOR PUBLICATION … under N.J.A.C. 13:21-15.6, and therefore the court erred by compelling arbitration of the causes of action asserted in …
- njcourts.gov… the proceeds of the loan." Plaintiff filed its foreclosure complaint in April 2020. Following the setting aside of the … to foreclose based on Wilcox's certification, which fully complied with the personal knowledge requirement of Rule … objection to plaintiff's proof of amount due as not comporting with the requirements of Rule 4:64-1(d)(3). He …
- njcourts.gov… his car. When the officer asked defendant where he was coming from, defendant replied "my house." 3 A-0040-22 Defendant complied with the officer's request to exit the car, but … Div. 2020), the judge noted "operation" of a vehicle encompasses more than "driving" a vehicle, and instead …