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njcourts.gov
… motion to withdraw his guilty pleas in connection with his 2007 convictions for various drug and assault offenses. In … On appeal, defendant raises the following arguments: POINT ONE MR. DECASTRO IS ENTITLED TO RELIEF ON HIS CLAIM … an abuse of discretion standard"). Affirmed. … a3893-19.pdf … A-3893-19 …
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njcourts.gov
… which is recognized by both the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, and the National … permissible in a domestic violence action was not, at this point, explicitly addressed by the parties or the Court. … rejecting me?” and proceeds to take her … fv_09_2455_21_op.pdf … FV-09-2455-21 Opinion …
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njcourts.gov
… under review. On appeal, Favretto raises the following points: POINT I BY FAILING TO TRANSFER THIS MATTER TO THE … Firemen's Ret. Sys., 394 N.J. Super. 478, 480 (App. Div. 2007); In re Herrmann, 192 N.J. 19, 27 (2007). This court … for deferred retirement benefits. Affirmed. … a2183-18.pdf … A-2183-18T4 …
njcourts.gov
… because of the newly discovered forensic evidence that powerfully undermines the sole eyewitness's varying … 78 VII. Remaining Points … shells when it was fired, whereas a person would have to manually remove the shells from a revolver. He could not … trial, both of which the trial court denied on November 28, 2007. Washington reinstated his federal habeas petition, …
njcourts.gov
… 3 A-5083-18T2 while the couple lived together, defendant pointed a loaded firearm in her face and said, "[i]f [her … POINT XII THE NEW JERSEY DOMESTIC VIOLENCE PROCEDURES MANUAL SETS FORTH PROCEDURES THAT INCLUDE NOTICE TO THE … known." State v. Silva, 394 N.J. Super. 270, 275 (App. Div. 2007). It may not be used to take notice of a contested fact …
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njcourts.gov
… This appeal followed. Claremont raises the following points for our consideration: I. IDENTIFICATION OF THE … 183 (App. Div. 2012) (quoting Labov Mech., Inc. v. E. Coast Power, L.L.C., 377 N.J. Super. 240, 245 (App. Div. 2005)). … v. Toms River Reg'l Sch. Bd. of Educ., 189 N.J. 381, 405 (2007) (noting that New Jersey courts "may look to federal …
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njcourts.gov
… the idle asset storage area, a likely event at some future point, would have exposed any person to the incident … Iliadis v. Wal-Mart Stores, Inc., 191 N.J. 88, 123 (2007)). Reconsideration is appropriate where "1) the [c]ourt … disjunctive import." Pine Belt Chevrolet v. Jersey Cent. Power & Light Co., 132 N.J. 564, 578 (1993) (quoting State …
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njcourts.gov
… River Reg'l Schs., 392 N.J. Super. 80, 87-88 (App. Div. 2007).] Plaintiff's stated reason for seeking the discovery … 194 N.J. 364 (2008). A trial court "has the inherent power, to be exercised in its sound discretion, to review, … nature'; a non-movant will be unsuccessful 'merely by pointing to any fact in dispute.'" Prudential, 307 N.J. …
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njcourts.gov
… several months after the execution of his will. On June 4, 2007, decedent executed a power of attorney ("POA") in favor of respondent. In 2008, … further agreed that Stanley Turtletaub, Esq. would be appointed as the sole executor of the estate and that …
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njcourts.gov
… the NJFC Act's public disclosure bar. In that regard, we point out that the public disclosure bar involves a question … Standing "involves a threshold determination of the court's power to hear the case." Watkins v. Resorts Int'l Hotel & … v. Pa. Shipbuilding Co., 473 F.3d 506, 520 (3d Cir. 2007)) (internal quotation marks omitted). Direct knowledge …
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njcourts.gov
… contact with B.Y. and her family. Defendant's January 8, 2007 Judgment of Conviction (JOC) stated that he was … barred under Rule 3:22-4(a). Defendant appeals, arguing: POINT I - THE TIME BAR IN RULE 3:22-12 SHOULD BE RELAXED … this grounds as well as untimeliness. Affirmed. … a3225-15.pdf … A-3225-15T3 …
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njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … relief, [a] Chancery [court] has broad discretionary power to adapt equitable remedies to the particular … 224 N.J. 584, 596 (2016). Affirmed. … a5239-18.pdf … A-5239-18T3 …
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A-0739-22 Briefs
Briefs
njcourts.gov
… . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 POINT I THE TRIAL COURT’S DISJUNCTIVE READING OF N.J.S.A. … 01, 2023, A-000739-22 v Pine Belt Chevrolet v. Jersey Cent. Power & Light Co., 132 N.J. 564 (1993). . . . . . . . . . . … . . . . 38 Quarto v. Adams, 395 N.J. Super. 502 (App. Div. 2007) . . . . . . . . . . . . . . . .25 Richardson v. Board …
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njcourts.gov
… every morning. Rather, pursuant to company policy, he empowered his technicians to obtain more supplies by utilizing … travel time for employees, thus facilitating a robust appointment schedule. 19 We are not persuaded that the … and NORIEGA join in JUSTICE FASCIALE’s opinion. … a_30_22.pdf … Henry Keim v. Above All Termite & Pest Control …
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njcourts.gov
… decks of heroin. Angarone testified there were no access points to the grate from outside the apartment. At the … 484 (1997)); see also State v. Fortin, 189 N.J. 579, 597 (2007). Where there is an abuse of discretion, we "must then … conscience. See Roth, 95 N.J. at 364. Affirmed. … a1714-16.pdf … A-1714-16T3 …
njcourts.gov
… the Board's initial position to the contrary on both points. In sum, the ALJ found that Bowser met the five … and Firemen's Retirement System, 192 N.J. 189, 212-13 (2007): 1. that [s]he is permanently and totally disabled; 2. … (citation omitted); Maine Pub. Serv. Co. v. Fed. Power Comm., 579 F.2d 659, 665 (1st Cir. 1978) (stating "a …
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njcourts.gov
… COMPANY, AS TRUSTEE OF THE INDYMAC INDX MORTGAGE TRUST 2007-AR19, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES … his initial interest rate from the 2006 loan "by half a point[,]" and "provided for a pre-payment penalty equal to … judgment was appropriately entered. Affirmed. … a3771-17.pdf … A-3771-17T1 …
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njcourts.gov
… questions of law. F.M., 225 N.J. at 506. A state's police power authorizes it to place "reasonable limitations" on the … incident. That argument is of no import. The point is the law is clear the court could consider the facts … pursuant to N.J.S.A. 2C:58-3(c)). Affirmed. … a1457-20.pdf … A-1457-20 …
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njcourts.gov
… Guerra, 479 U.S. 272, 281 (1987), and "the historic police powers of the States [are] not to be superseded by [federal … housing assistance payments. In support, defendants point to a provision of 24 C.F.R. § 246.20 (Section 246.20), … decision granting the rent increase. Affirmed. … a1305-18.pdf … A-1305-18T3 …
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njcourts.gov
… Background Checks," also apply Arizona law. At some point after plaintiff began work on the subcontract, … clause "was the product of fraud or overweening bargaining power." The judge also found no basis to conclude that … so using clear, unequivocal language. Affirmed. … a4654-18.pdf … A-4654-18 …