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… Submitted May 2, 2018 – Decided July 12, 2018 Before Judges Fuentes and Koblitz. On appeal from Superior … to third degree distribution of marijuana, in a quantity of one ounce or more, N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. … that (i) counsel's assistance was not 'within the range of competence demanded of attorneys in criminal cases'; and …
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… Argued January 30, 2018 – Decided Before Judges Fisher and Sumners. On appeal from Superior … Dennis McNerney and Cathy McNerney (husband and wife) for comments they posted on the PolitickerNJ.com website … by clear and convincing evidence that any posting must be done with malice; that some of the alleged defamatory …
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… Argued January 22, 2018 – Decided July 11, 2018 Before Judges Whipple and Rose. On appeal from the Tax Court … leaves for food. Since 1991, plaintiff has filed numerous complaints against the Mieles, including a tax appeal on … has the burden of proving that the assessment is erroneous." Pantasote Co. v. Passaic, 100 N.J. 408, 413 (1985) …
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… Submitted January 31, 2018 – Decided Before Judges Fuentes, Koblitz and Manahan. On appeal from … 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 …
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… Argued March 20, 2018 – Decided July 30, 2018 Before Judges Fasciale, Sumners and Moynihan. On appeal from … 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 …
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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 … testifying expert, conducted his own examination, commenting on the disc bulges and surgery done by Gechtman's …
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… Submitted February 5, 2019 – Decided March 6, 2019 Before Judges Rothstadt, Gilson, and Natali. NOT FOR … 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 …
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… JERSEY APPELLATE DIVISION DOCKET NO. A-3413-16T1 THE LOFT COMMONS CONDOMINIUM ASSOCIATION, INC., Plaintiff-Respondent, … Submitted October 30, 2018 – Decided March 5, 2019 Before Judges Suter and Firko. On appeal from Superior Court … and dismissed his counterclaim for damages. He raised one issue on appeal involving what he claimed was the …
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… GREGORY NECKONCHUK, Plaintiff-Respondent, v. LINDA SIMONE, f/k/a LINDA NECKONCHUK, Defendant-Appellant. … Submitted February 12, 2019 – Decided Before Judges Fisher and Suter. On appeal from Superior Court … a cross-motion, that resulted in a June 21, 2013 order compelling Greg's departure from the former marital home. …
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… CELSO & KESSLER LLC, H&D ROSETTO INC., CARLUCCIO LEONE DIMON DOYLE & SACKS LLC, GARY S. OLSHAN PC, MARSHALL DENNEHY WARNER COLEMAN GOGGIN, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … on the loan. As a result, plaintiff filed a foreclosure complaint in January 2016. Defendants' answers to the …
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… Submitted October 25, 2018 – Decided Before Judges O'Connor and Whipple. On appeal from the New … 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 …
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… Submitted December 12, 2018 – Decided Before Judges Koblitz and Ostrer. On appeal from Superior … 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. …
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… IZAAC FRAZIER, TURTLE WEBB, NASIA WEBB, and LAMAR OXFORD, Defendant-Appellant. _____________________________ … 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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… Argued March 27, 2019 – Decided April 10, 2019 Before Judges Alvarez, Nugent and Mawla. On appeal from … 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 …
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… Submitted March 26, 2019 – Decided April 5, 2019 Before Judges Fisher and Hoffman. On appeal from the Tax Court … Although these other entities were apparently the owners of one or more of the parcels, only Mi Casita filed a notice of … in a telephone conference that went unrecorded. The outcome of that conference was an adjournment to April 11, …
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… Submitted 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 …
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… DIVISION DOCKET NO. A-2061-17T2 DIONISIO RAMOS, Petitioner-Appellant, v. BOARD OF TRUSTEES, PUBLIC EMPLOYEES' … Submitted March 4, 2019 – Decided April 3, 2019 Before Judges Messano and Fasciale. On appeal from the Board … 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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… Submitted December 19, 2018 – Decided Before Judges Currier and Mayer. On appeal from Superior Court … the gun belonged to Howard. When the couple thought someone was breaking into the home, Howard handed defendant the … 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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… Argued November 29, 2018 – Decided Before Judges O'Connor and Whipple. On appeal from Superior … he returned to his car, he lit a hand-rolled cigar. When one of the officers opened a police vehicle door he smelled … (2) the lesser expectation of privacy in an automobile compared to a home, California v. Carney, 471 U.S. 386, …
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… Submitted February 11, 2019 – Decided Before Judges Fasciale and Rose. On appeal from Superior Court … challenged the PCR judge's findings. 3 A-3690-17T1 Nonetheless, this appeal requires us to employ two standards: … ineffective, the Supreme Court has stated: PCR counsel must communicate with the client, investigate the claims urged by …