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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … only occupants of their home in the ground lease. At some point while he was living in plaintiff's community, John … 221-22 (App. Div. 2011)). Moreover, defendants failed to point to any adverse residual legal consequences as a result …
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… July 10, 2018 – Decided February 20, 2019 Before Judges O'Connor and Moynihan. On appeal from Superior Court of New … cross appeal, defendant Liberty Park asserts the following point for our consideration: POINT I: PLAINTIFF'S CLAIM THAT THE [VOTE AT THE REMAND …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … the court advise defendant of his right to have counsel appointed for him. The judge also assumed defendant's indigent … This appeal followed. Defendant presents the following point of argument: POINT I [DEFENDANT'S] PRIOR UNCOUNSELED …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … Specifically, on this appeal, defendant contends: POINT I – THIS MATTER MUST BE REMANDED FOR AN EVIDENTIARY … FACIE INEFFECTIVE FOR NOT PURSUING TRIAL COUNSEL'S ERROR. POINT II – THIS MATTER MUST BE REMANDED FOR A NEW PCR …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … raises the following arguments for our consideration: POINT I THERE WAS A DENIAL OF DUE PROCESS WHERE THE PAROLE … THE "SUBSTANTIAL EVIDENCE" STANDARD FOR DENYING PAROLE. POINT II THE FACTORS RELIED UPON BY THE PAROLE BOARD DO NOT …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … was pled as defendant's wife.1 On appeal, defendant argues: POINT I THE TRIAL COURT ERRED, AND ABUSED ITS DISCRETION … of protracted litigation but also to reserve judicial manpower and facilities to cases which meritoriously command …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … with his and his codefendants' robbery of two victims at gunpoint. Prior to his sentencing on this conviction, he pled … the following issues for our consideration on his appeal: POINT I THE PCR COURT ERRED IN DETERMINING THAT COUNSEL'S …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … the judge stated, "it appears to the [c]ourt at this point that this is a . . . delay technique that . . . the … As with a motion to vacate a default judgment, there is no point in setting aside an entry of default if the defendant …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … this as an indication that his employment was over. At no point did Texidor affirmatively state that he was "homesick" … This appeal ensued. On appeal, Texidor raises the following points: I. THE SEPARATION WAS NOT A VOLUNTARY LEAVING AS A …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … rule" is part of our jurisprudence, as Justice Albin pointed out in his dissent from the denial of certification … when she arrived, because plaintiff was told at some point in the middle of the day to move her car out of the …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … Rule 3:22-5, respectively. Before us, defendant contends: POINT I APPELLANT’S INITIAL JULY 13, 2015 SECOND PCR BASED … Tolling Applies. [D.] Due Diligence/Reasonable Diligence. POINT II EVIDENTIARY HEARING IS REQUIRED ON THIS MATTER. …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any judge." Although … no hint that the arbitrator was partial. Ploszay also points out that the arbitrator violated the arbitration … reduced to judgment prior to entry of final judgment." She points to the AJOD, where it states: "this [c]ourt . . . …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … his "[f]irst PCR counsel was ineffective for not raising points one through seven" listed above. Following oral … On appeal, defendant presents the following contentions: POINT ONE THE PCR COURT IMPROPERLY DENIED DEFENDANT'S CLAIM …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … AND DRIVING WHILE SUSPENDED. We find insufficient merit in Points II, III, IV, and V to warrant further discussion in a … opinion. R. 2:11-3(e)(2). We also reject defendant's Point I for the following reasons. Defendant was not charged …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … or the co-defendant's criminal history. 5 A-2374-16T1 POINT ONE: THE TRIAL COURT ERRED IN DENYING DEFENDANT'S … counsel was ineffective. Having failed to make that point to the trial court, we will discount it unless it …
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… a November 15, 2016 order denying his petition for post-conviction relief (PCR) NOT FOR PUBLICATION WITHOUT THE … makes two arguments, which he articulates as follows: POINT ONE – MR. PINTO IS ENTITLED TO AN EVIDENTIARY HEARING … HE SHOULD BE ALLOWED TO WITHDRAW HIS PLEA 4 A-1966-16T1 POINT TWO – THE PCR COURT ERRONEOUSLY RULED THAT MR. PINTO'S …
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… Richard Foulks appeals from the denial of his post- conviction relief (PCR) petition. Defendant contends … The following issues are presented in this appeal: POINT I: THE PCR COURT ERRED IN DENYING DEFENDANT'S PETITION … PROVISION, HE WOULD NOT HAVE PLED GUILTY. 5 A-3817-15T1 POINT II: THE PCR COURT ERRED IN DETERMINING THAT THE …
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… Kevin B. Riordan argued the cause for respondent Borough of Point Pleasant Beach (Kevin B. Riordan, attorney; Dina R. … APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … guilty of § 19-11.16 of the Ordinances of the Borough of Point Pleasant Beach. We affirm. Defendant's neighbor …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … in the RCRP. Green argues the following on appeal: Point I - Green's approval for Community Release, … capricious and unreasonable and should be reversed. Point II - Appellant's Due Process Rights were violated per …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … presents the following arguments for our consideration: POINT ONE THE PAROLE BOARD FAILED TO DOCUMENT THAT A … the likelihood of future criminal behavior." 6 A-2813-15T2 POINT TWO THE PAROLE BOARD FAILED TO PROVIDE ADEQUATE …