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… leaves for food. Since 1991, plaintiff has filed numerous complaints against the Mieles, including a tax appeal on … to being . . . produce of the land." We get that from [Gottdiener v. Roxbury Twp., 2 N.J. Tax 206, 218 (1981)]. The … has the burden of proving that the assessment is erroneous." Pantasote Co. v. Passaic, 100 N.J. 408, 413 (1985) …
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… in the indictment. In exchange, the State agreed to recommend that the court sentence defendant on the first … the judge placed defendant under oath and thereafter questioned him directly to confirm he understood the terms of the … defendant's unsupported allegations did not make out a prima facie case of ineffective assistance of counsel to …
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… Ayre, a psychotherapist and substance abuse specialist. In one of his reports, Ayre stated that, even though he could … "explain a causal connection between the act or incident complained of and the injury or damage allegedly resulting … the "hook" upon which Ayre can hang his opinion on to overcome a motion to bar his expert's reports. In finding the …
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… DIVISION DOCKET NO. A-1954-16T3 ELAINE GECHTMAN, Petitioner-Appellant, v. TEACHERS' PENSION AND ANNUITY FUND, … Submitted June 19, 2018 - Decided Before Judges Simonelli and Koblitz. On appeal from the Board of Trustees of … testifying expert, conducted his own examination, commenting on the disc bulges and surgery done by Gechtman's …
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… the reasons explained by Judge Nora J. Grimbergen in her comprehensive written opinion issued on June 20, 2018. The … in November 2015, David was arrested and incarcerated for one year for violating his probation. David, however, had … and he was discharged from a number of treatment programs primarily for lack of attendance. In December 2017, David …
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… JERSEY APPELLATE DIVISION DOCKET NO. A-3413-16T1 THE LOFT COMMONS CONDOMINIUM ASSOCIATION, INC., Plaintiff-Respondent, … and dismissed his counterclaim for damages. He raised one issue on appeal involving what he claimed was the … feet based on plaintiff's Board minutes from 2002 that mentioned a proposal for some type of future construction that …
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… GREGORY NECKONCHUK, Plaintiff-Respondent, v. LINDA SIMONE, f/k/a LINDA NECKONCHUK, Defendant-Appellant. … a cross-motion, that resulted in a June 21, 2013 order compelling Greg's departure from the former marital home. … period of time – warranted the ultimate sanction embodied in the September 22, 2017 order. As the various motions …
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… CELSO & KESSLER LLC, H&D ROSETTO INC., CARLUCCIO LEONE DIMON DOYLE & SACKS LLC, GARY S. OLSHAN PC, MARSHALL … on the loan. As a result, plaintiff filed a foreclosure complaint in January 2016. Defendants' answers to the … 75 (1954)). "[C]onclusory and self-serving assertions by one of the parties are insufficient to overcome [summary …
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… 17, 2019 2 A-5521-16T2 agency decision, which adopted the recommended decision of an administrative review officer. P.A. … the Division's method of calculating his contribution is erroneous. Finally, he claims the Division's method of … pay for a guardianship fee and a burial trust fund is erroneous. After reviewing the record and applicable legal …
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… was tried on Indictment Nos. 16-03-0596 and 16-06-1161 in one trial. Defendant raises no issues relating to his guilty … not be the perpetrator and that the witness should not feel compelled to make an identification[.]" Id. at 290. … inherently suggestive. [Ibid.] 7 A-5048-16T3 Pointing to studies on showup identifications, the Court noted that …
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… of trial counsel. Because defendant failed to establish a prima facie case of ineffective assistance on any of his … R. 2:11-3(e)(2), and affirm. We add only a few brief comments. As for defendant's first three points, some … his waistband, handed it to the customer in exchange for money, and put the money in his pocket. The following month, …
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… Sapio, appeals from the summary judgment dismissal of his complaint, which sought compensation under the Mistaken … space from Walmart to conduct its respective business. One gains access to the Opsin in Howell Township by going … or [Ospin Eye Care] or whatever. But if she had to give someone well where do you work, meaning where do you work, what …
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… Although these other entities were apparently the owners of one or more of the parcels, only Mi Casita filed a notice of … This impasse resulted in the judge's involvement in a telephone conference that went unrecorded. The outcome of that conference was an adjournment to April 11, …
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… March 7, 2019 – Decided April 5, 2019 Before Judges Simonelli and Firko. On appeal from Superior Court of New … by auto and DWI charges. In exchange, the State agreed to recommend a fourteen-month term of imprisonment and to dismiss … those doctrines. Yoskowitz, 116 N.J. at 706. "The primary considerations should be fairness and fulfillment of …
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… DIVISION DOCKET NO. A-2061-17T2 DIONISIO RAMOS, Petitioner-Appellant, v. BOARD OF TRUSTEES, PUBLIC EMPLOYEES' … the disability was "the result of a pre-existing disease alone or a pre-existing disease that is aggravated 4 … field.'" Allstars Auto Grp., Inc. v. N.J. Motor Vehicle Comm'n, 234 N.J. 150, 158 (2018) (quoting Circus Liquors, …
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… the gun belonged to Howard. When the couple thought someone was breaking into the home, Howard handed defendant the … two, the judge stated: To possess an item under the law, one must have a knowing intentional control of that item accompanied by a knowledge of its character. So, a person who …
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… he returned to his car, he lit a hand-rolled cigar. When one of the officers opened a police vehicle door he smelled … door and found a container with about fifty suspected oxycodone pills. Kilmurray searched the passenger side and found … (2) the lesser expectation of privacy in an automobile compared to a home, California v. Carney, 471 U.S. 386, …
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… challenged the PCR judge's findings. 3 A-3690-17T1 Nonetheless, this appeal requires us to employ two standards: … hearing. Cummings, 321 N.J. Super. at 170. To establish a prima facie claim of ineffective assistance of counsel, the … ineffective, the Supreme Court has stated: PCR counsel must communicate with the client, investigate the claims urged by …
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… law"), N.J.S.A. 2C:44-1(a)(9); and (3) the sentencing judge committed plain error by repeating a quote from former … that N.J.S.A. 2C:44-5(a)(2) prohibited imposing more than one extended sentence, the judge rejected defendant's … DEFENDANT'S MOTION TO CORRECT AN ILLEGAL SENTENCE WAS ERRONEOUS AND MISPLACED, FURTHER VIOLATING HIS DUE PROCESS …
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… and Moynihan. On appeal from the New Jersey Civil Service Commission, Docket No. 2017-74. William B. Hildebrand, … the light of all of the circumstances, as to be shocking to one's sense of fairness." In re Stallworth, 208 N.J. 182, … omitted). Moreover, as our Supreme Court has "cautioned, courts should take care not to substitute their own …