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… a "final" punch list indicating additional work to be done until after the litigation ensued. The Board claims … Board waited too long to register dissatisfaction with the completion of the project, and then belatedly provided a … signed two Certificates of Substantial Completion, one on November 9, 2012 and the second on October 3, 2013, …
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… Because we find that defendant has failed to present a prima facie showing of ineffective counsel, we affirm. … either direct or implied. There was no physical discomfort that would affect his ability to focus and … causing him fear. Defendant asserts he is particularly prone to fear of police because he was born in Honduras, where …
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… and Gilson. On appeal from the New Jersey Civil Service Commission, Docket No. 2011-312. Fusco & Macaluso Partners, … 11, 2013, Branham settled her civil suit for a sum of money, signing a broadly-worded release (the Release),1 1 The … including those of which I am not aware and those not mentioned in this Release. This Release applies to claims 3 …
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… to another vicinage because his trial counsel had become a judge in the same vicinage where defendant was tried … 145 (App. Div. 1998) (recognizing the right to testify at one's own trial is a fundamental right which may be waived … in adjudicating defendant's claims. Because there was no prima facie showing of ineffective assistance of counsel, an …
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… Submitted April 19, 2018 – Decided Before Judges Simonelli, Haas and Gooden Brown. On appeal from Superior Court … defendant's in limine motion to suppress a recorded telephone call with his mother that the State NOT FOR PUBLICATION … gave it to the police. A grand jury subsequently returned a one-count indictment, charging defendant with second-degree …
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… of marital debt that existed when the parties divorced. Nonetheless, when questioned by defendant's attorney at the divorce hearing, … he pay the Discover Card debt, defendant filed a motion to compel him to do so.1 In a supporting certification, …
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… 5, 2017 – Decided June 21, 2018 Before Judges Fuentes, Simonelli and Gooden Brown. On appeal from the New Jersey Commissioner of Education, Docket No. 12-1/12. Vito A. … (River Dell). We held: The Board's determination was primarily informed by its finding that dissolution of the …
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… appeal from an April 18, 2017 order dismissing their complaint in lieu of NOT FOR PUBLICATION WITHOUT THE … bound by the same standards as was the trial court." Fallone Props., LLC v. Bethlehem Twp. Planning Bd., 369 N.J. … definition of a flag lot. In its resolution, the Board reasoned that plaintiffs' proposed subdivision was a …
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… UNION, Plaintiff-Appellant, v. NEW JERSEY MOTOR VEHICLE COMMISSION and STACY SUTTON, Defendants-Respondents. … 2012) (quoting Rezem Family Assocs., LP v. Borough of Millstone, 423 N.J. Super. 103, 114 (App. Div. 2011)). In the … was not a discretionary act and was instead a ministerial one, N.J.S.A. 59:2-5 granted immunity. Id. at 520- 21. With …
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… May 10, 2018 – Decided May 18, 2018 Before Judges Simonelli and Rothstadt. On appeal from Superior Court of New … eluding. According to the plea forms, the State agreed to recommend a "cap" of a seven-year term of imprisonment on the … The judge concluded defendant failed to establish a prima facie case of ineffective assistance of counsel, and …
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… May 17, 2018 – Decided June 25, 2018 Before Judges Simonelli and Haas. On appeal from Superior Court of New … employment as a New Jersey State Trooper. Plaintiff sought compensation for his injuries under the Military … any member of the organized militia shall be liable to anyone at common law or otherwise for an injury or death …
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… to this appeal, the judge stated: For this school year coming up . . . [,] which is '18 – '19,[2] [plaintiff] may … mused that "should [plaintiff] wish to make [a] move to one of the contiguous towns and transfer the children out of … no longer exists, and the disputed issues have become moot." Ibid. (citing DeVesa v. Dorsey, 134 N.J. 420, …
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… BANK OF NEW JERSEY, as successor by merger from SKYLANDS COMMUNITY BANK, Plaintiff-Respondent, v. J.B. CONTRACTING, … requires . . . Kapusta to take other steps more than one call to [his nephew] before his actions could be … "Carelessness may be excusable when attributable to an honest mistake that is compatible with due diligence or …
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… October 19, 2016 – Decided Before Judges Fuentes and Simonelli. On appeal from Superior Court of New Jersey, Law … degree burglary, which required the court to find defendant committed a burglary while armed with a "deadly weapon." … counsel, Judge Covert found defendant had not established a prima facie case of ineffective assistance of counsel and …
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… and Accurso.1 On appeal from the New Jersey Civil Service Commission, Docket No. 2015-546. David J. DeFillippo argued … diversion. Murgolo characterized the incident as a one- punch confrontation between teenagers. He claimed the … submitted bearing signatures that clearly belonged to someone other than the person who signed the first. The victim's …
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… training, and substance abuse evaluation, but he never completed the services. Outside of a telephone conversation in July 2015, the Division was unable to … visits to his last known address, calls to his cell phone, and inquiries with social service offices, local …
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… $945 plus costs entered in favor of plaintiff Denis Regan, one of NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE … July 10, 2015, it sent a notice and form for unit owners to complete about the plan to replace the privacy fences … N.J. Super. 486, 498 (App. Div. 2008) (quoting State v. Barone, 147 N.J. 599, 615 (1997)). "[I]n reviewing the factual …
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… Defendants borrowed $190,400 from Cardinal Financial Company, L.P. (Cardinal), on November 15, 2007, in … 544 (2002), by "clearly indicat[ing]" the earlier order is "one of the primary issues presented by the appeal." Synnex Corp. v. ADT …
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… post-conviction relief (PCR), contending he established a prima facie case of ineffective assistance of counsel … sexual assault of a college student walking alone in Paterson on an August evening in 2003. The judge … merit and thus not capable of having affected the outcome of the appeal. The judge further rejected defendant's …
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… his convictions and sentence. On May 18, 2012, we reversed one of the convictions for armed robbery and remanded this … Defendant's convictions arise out of an armed robbery committed in Newark during the evening of September 15-16, … gun against his stomach, and demanded John turn over his money. Defendant also reached around and retrieved John's …