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… these charges of twenty-five years to life and twelve- and-one-half years to twenty-five years. In November 1983, … to the sentence defendant was serving for the crimes committed in New York State. Finally, the court sentenced 4 … or legal grounds to conclude defendant had established a prima facie case of ineffective assistance of counsel under …
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… 2015 judgment of conviction for second-degree conspiracy to commit robbery and second-degree possession of a firearm for … Release Act (NERA), N.J.S.A. 2C:43-7.2, and Grave's Act components, N.J.S.A. 2C:43-6, and stated defendant agreed to … to argue for a lesser sentence. Defendant, who was questioned by his counsel to establish a factual basis for the …
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… TO THE JURY'S FUNCTION AND DEFENDANT'S FAILURE TO COMPLY WITH THE JUDGE'S WARNING SUGGESTED THAT HE HAD … from a supervisor with the New Jersey Motor Vehicle Commission. The supervisor explained that defendant's … N.J.S.A. 2C:1-8(a)(1) provides for merger of more than one offense; however, "N.J.S.A. 2C:1-8 does not apply to …
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… of counsel and on the brief). PER CURIAM Following the primary obligor's default on a $3,750,000 commercial mortgage modification note to plaintiff, Parke … us, defendant contended the bank's application and the erroneous assertions in its supporting certification violated …
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… their successors in right, title, and interest; BERGENWOOD COMMONS ASSOCIATION, INC., and PORTFOLIO RECOVERY … the court denied appellant's motion "as untimely." Nonetheless, the court considered appellant's motion on the … 4:50-1. Appellant asserts that, in so doing, the court erroneously rejected its motion as untimely. Rule 4:49-2 …
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… order granting the summary judgment dismissal of her complaint against defendant, the City of New Brunswick (the … after she saw the boys. The following day, the dead bodies of Devine and his friend were found in the river. The … additional basis for immunity here, particularly since no one witnessed the actual drowning. Therefore, examining the …
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… twenty-four years of marriage, R.M. and L.A.G. filed cross-complaints requesting final domestic violence restraining … the plaintiff has proven that the defendant committed one of the predicate acts referenced in N.J.S.A. … The commission of a predicate act of domestic violence alone does not "automatically mandate[] the issuance of" an …
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… the issues presented regarding the trial. I. Plaintiff's complaint alleged he purchased the dishonored check in … check" at the time FLFS cashed the check. The aforementioned assignment agreement, in which Harty certified FLFS had … The question before us is, therefore, a purely legal one: whether plaintiff was a holder in due course despite …
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… wife, plaintiff M. Y. The trial judge found defendant committed the predicate act of harassment, N.J.S.A. 2C:33-4, … nude photos of herself that defendant had stored on his phone, as well as photos of his bloody stools. He threatened … proven, by a preponderance of the credible evidence, that one or more of the predicate acts set forth in N.J.S.A. …
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… have been willing to care for Tracey, insisting that "no one will be willing to take her in." When the hospital discharged Tracey, it recommended "an after school program for continued therapy and … the hospital. In finding "abuse and neglect," the court reasoned defendant had a responsibility to care for Tracey once …
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… Argued October 26, 2017 – Decided Before Judges Simonelli and Haas. On appeal from Superior Court of New … AND APPELLATE DEFENSE COUNSELORS IS OBJECTIVELY BASED ON A PRIMA FACIE CASE WHERE THE COUNSELORS DID NOT DO ANY … opinion. R. 2:11-3(e)(2). We add the following brief comments. As defendant notes in the point headings to his …
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… DIVISION DOCKET NO. A-4911-15T1 WILLIAM WESTPHAL, Petitioner-Appellant, v. BOARD OF TRUSTEES, POLICE AND FIREMAN'S … receiving benefits equal to fifty-nine percent of his final compensation, based on twenty-three years of PFRS service … 1997). "Arbitrary and capricious action of administrative bodies means willful and unreasoning action, 6 A-4911-15T1 …
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… Cross-Appellants, v. NEW JERSEY MANUFACTURERS INSURANCE COMPANY, Third-Party Defendant- Respondent, and AMERICA … not cover the son's accident. Assignment Judge Yolanda Ciccone granted the motion, construing the NJM policy to exclude … Ins. Co., 210 N.J. 512, 525 (2012) (citing Flomerfelt v. Cardiello, 202 N.J. 432, 441 (2010)). Here, the wording of the …
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… went into receivership with the Federal Deposit Insurance Company (FDIC) acting as receiver. In September 2008, JP … all WAMU loans. On March 28, 2014, Chase Bank filed a complaint against defendant seeking to foreclose on the … judgment. To vacate a judgment, a defendant must establish one of the six grounds identified in Rule 4:50-1. See US …
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… and Suter. On appeal from the New Jersey Civil Service Commission, Docket No. 2016-1439. Fusco & Macaluso Partners, … on the statement in lieu of brief). PER CURIAM Petitioner Anthony Caldarise appeals from the November 28, 2016 … Tribulis [t]errestris, Maca and DHEA. All have been studied and shown in sufficient dosing to raise testosterone." …
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… APPELLATE DIVISION DOCKET NO. A-5179-16T4 V.S., Petitioner-Appellant, v. DIVISION OF MEDICAL ASSISTANCE AND HEALTH … (BCBSS) on her behalf. The application stated appellant's primary sources of income were social security and pension benefits. It also …
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… its increasing seriousness and (3) his prior opportunity on community supervision. Acknowledging that only five years … (quoting Greenholtz v. Inmates of Neb. Penal and Corr. Complex, 442 U.S. 1, 10 (1979)). "To a greater degree than … infractions (the three-member panel noted twenty-one infractions, six of them serious, resulting in the loss …
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… BARNES, Plaintiff-Appellant, v. USAA CASUALTY INSURANCE COMPANY, USAA LIMITED, Defendants-Respondents. … write for the insured a better policy of insurance than the one purchased.'" Boddy v. Cigna Prop. & Cas. Cos., 334 N.J. … cannot make out the boundaries of coverage." Weedo v. Stone-E-Brick, Inc., 81 N.J. 233, 247 (1979). However, if a …
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… distribute, N.J.S.A. 2C:35-5(a) to (b); and third-degree money laundering, N.J.S.A. 2C:21-25(a). The State's evidence … guilty to first-degree racketeering, and the State would recommend a ten-year NERA sentence. On the same date, … . . . over five ounces" and was involved in laundering money. He specifically admitted that the conspiracy involved …
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… 7, 2016, plaintiff Bergenline Avenue LLC filed a verified complaint for eviction against defendant pursuant to … are sufficient for eviction from a residential premises. One of the enumerated examples of good cause is where a … newly discovered evidence, it is clear that defendant's primary complaint is that the trial court erred in denying …