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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … On appeal, defendant raises the following arguments: POINT I - THIS MATTER MUST BE REMANDED FOR AN EVIDENTIARY … in the record. See State v. O'Neal, 190 N.J. 601, 618-19 (2007) (attorney's performance cannot be deemed deficient for …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … to [Thermocare]. . . . But that's not the ultimate deciding point. The point is there [were] certain limited funds and … Liberty Mut. Ins. Co., 391 N.J. Super. 588, 594 (App. Div. 2007), because it had depleted the PIP benefits under …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … On appeal, defendant asserts the following arguments: POINT I BECAUSE DEFENDANT DID NOT GIVE VOLUNTARY CONSENT, … 39, 44 (2011) (quoting State v. Elders, 192 N.J. 224, 243 (2007)). "[A]n appellate tribunal must defer to the factual …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … and plaintiff were married in 1996, and divorced in 2007. They have two children: A son, who was born in 1998, … actions demonstrated that she was reaching a "boiling point" and could engage in further acts of domestic …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … here in detail. Defendant's son was born on May 28, 2007, and his daughter on April 20, 2011. The Division … order." This appeal followed. On appeal, defendant argues: POINT I THE COURT ERRED IN DENYING [K.S.] THE OPPORTUNITY TO …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … N.D. insisted that the blinds were always closed. At this point, E.L.H. forced his way into the house with his … Div. of Youth and Family Servs. v. M.M., 189 N.J. 261, 279 (2007). To the extent the trial court's decision implicates …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … On appeal, defendant raises the following arguments: POINT I THE TRIAL JUDGE ERRED IN FAILING TO ALLOW … 45-46 (quoting Pacifico v. Pacifico, 190 N.J. 258, 265-66 (2007)). “[T]he judge must discern and implement ‘the common …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … accordingly. On appeal, defendant presents the following point for our consideration: POINT I THE SEARCH OF … in original) (quoting State v. Elders, 192 N.J. 224, 244 (2007)). "We owe no deference, however, to conclusions of law …
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… Mark Rosenblum appeals from a final judgment of divorce, contending the provisions of the judgment permitting his … their appearance at trial. One of the parties' rare points of agreement in the case was that defendant had a … v. Genovese, 392 N.J. Super. 215, 225-26 (App. Div. 2007). We, likewise, find no error in the court having …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … Id. at 75. Looking at the situation from that vantage point, we conclude the recusal of the Family Part judges in … Point Bay Fuel, Inc., 396 N.J. Super. 545, 550 (App. Div. 2007) (citing R. 2:2-4; R. 2:5-6(a)). The order here, …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … On appeal, defendant presents the following arguments: POINT ONE A NEW PCR PROCEEDING IS NECESSARY AS PCR COUNSEL … 451, 462 (1992); State v. Wakefield, 190 N.J. 397, 538 (2007). The PCR court delineated its sound reasons in a …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … their own fees. 8 A-4923-18 Defendant raises the following points on appeal: I. THE COURT COMMITTED REVERSIBLE ERROR … such agreements." Pacifico [v. Pacifico, 190 N.J. 258, 266 (2007)]. . . . Nevertheless, the court must discern and …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … forth in a written decision. On appeal, defendant argues POINT I THE MOTION TO WITHDRAW THE GUILTY PLEA SHOULD HAVE … State v. Gaither, 396 N.J. Super. 508, 513 (App. Div. 2007). There was no deficient performance by trial counsel …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … raises the following arguments for our consideration: POINT I THERE WAS INSUFFICIENT EVIDENCE TO SUPPORT A GUILTY … 208 N.J. at 195 (quoting In re Herrmann, 192 N.J. 19, 28 (2007)). But "our review is not 'perfunctory,' nor is 'our …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … Ghandi v. Cespedes, 390 N.J. Super. 193, 196 (App. Div. 2007)). In considering whether good cause exists, a trial … As with a motion to vacate a default judgment, there is no point in setting aside the entry of a default if the …
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… November 10, 2016 - Decided Before Judges Lihotz and O'Connor. On appeal from the Civil Service Commission, Docket … (the Commission) denying him a retroactive date of appointment to the position of Corrections Sergeant. After … Id. at 10 (quoting In re Carter, 191 N.J. 474, 483 (2007)). Our task is three-fold; we review: (1) whether the …
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… of Shawn Johnson, KIA SOLOMON, RESERVE AT SCOTCH PLAINS CONDOMINIUM ASSOCIATION, INC., RONALD S. GARZIO, GARY … Angeles, 428 N.J. Super. 315, 318 (App. Div. 2012). Johnson points out BNY did not plead that it possessed the original … Iliadis v. Wal-Mart Stores, Inc., 191 N.J. 88, 123 (2007)). As for vacating a default judgment under this rule, …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … opinion. On appeal, defendant argues the following: POINT ONE THE [TRIAL] COURT . . . WAS CLEARLY ERRONEOUS AS … See State v. Johnson, 396 N.J. Super. 133, 143 (App. Div. 2007). The remedy is not to withdraw a guilty plea. …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … using Zoom, which is a video-conferencing platform. In Point II of his appellate brief, and despite his attorney's … Div. of Youth & Fam. Servs. v. M.M., 189 N.J. 261, 279 (2007). The trial court's opinion tracks the requirements of …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … services. Judge 4 A-4610-16T4 Perri found defendant pointed to no colorable facts supporting his claim of … court cannot enjoy." State v. Elders, 192 N.J. 224, 244 (2007) (quoting State v. Johnson, 42 N.J. 146, 161 (1964)). 6 …