Filters
- A-1743-17T4 Opinionnjcourts.gov… officer's guilty finding and imposition of sanctions for committing prohibited act *.004, fighting with another … sanctions, noting there was "no misinterpretation of the facts." Catona's request for leniency was also denied. This … regulations. See Bowden v. Bayside State Prison, 268 N.J. Super. 301, 304 (App. Div. 1993) (holding that …
- A-0973-17T2 Opinionnjcourts.gov… right to counsel fees in these circumstances as a component of the overdue "rent" was clearly expressed in the … we reverse the trial court's denial of fees. The facts pertinent to this appeal are relatively … they choose. Fargo Realty, Inc. v. Harris, 173 N.J. Super. 262, 266 (App. Div. 1980). The function of a court is to …
- A-4325-16T2 Opinionnjcourts.gov… 2018 2 A-4325-16T2 defendant William J. Devorak, Jr. to accommodate defendant's parenting time with their now … not submitted a Certification of Services addressing the factors" for consideration of a counsel fee award as … "Certification of Services failed to address a myriad of factors under [Rule] 5:3-5(c)." Therefore, despite finding …
- A-1355-16T4 Opinionnjcourts.gov… from the denial of their motion for dismissal of the complaint, contending that the arbitration provision … in a clear and straightforward manner and is not satisfactorily distinguished from other contract terms." The … (App. Div. 2010); Curtis v. Cellco P'ship, 413 N.J. Super. 26, 31 (App. Div.), certif. denied, 203 N.J. 94 (2010). The …
- A-4574-15T2 Opinionnjcourts.gov… of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition Nos. 2011-32820 and 2013-26473. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE … morning at 8 a.m. when the barge was closed. Based on the facts as she found them, the JWC determined that …
- A-3833-15T3 Opinionnjcourts.gov… parties are fully familiar with the procedural history and facts of this case and, therefore, a brief summary will … daycare center. On August 5, 2015, she filed a seven-count complaint alleging that the Board's decision was arbitrary, … Zoning Bd. of Adjustment of Twp. of E. Brunswick, 215 N.J. 26, 42-43 (2013).] 8 A-3833-15T3 In his written opinion, …
- A-3551-18T2 Opinionnjcourts.gov… appeals from an April 12, 2019 order dismissing her complaint with prejudice and compelling arbitration. We affirm the order compelling … the following language: MY SIGNATURE BELOW ATTESTS TO THE FACT THAT I HAVE READ, UNDERSTAND, AND AGREE TO BE LEGALLY …
- A-0521-17T1 Opinionnjcourts.gov… criminal division manager (ACDM) of Hudson County recommended defendant be admitted into the PTI program. In the … criteria for enrollment in PTI, the prosecutor reviewed the factors set forth in N.J.S.A. 2C:43-12(e) and Rule 3:28. See … Rules, Guideline 3(i) (2017). The prosecutor found several factors weighed against defendant's admission to the …
- A-1183-17T4 Opinionnjcourts.gov… (CWA). The agency concluded that the CWA was unable to complete its eligibility determination because of R.A.'s … and (4) whether in applying the legislative policies to the facts, the agency clearly erred in reaching a conclusion … provide verifications of her financial resources: February 26, 2016, April 13, 2016, and June 8, 2016. From the date of …
- A-2981-16T3 Opinionnjcourts.gov… from working. Plaintiff's initial attorney failed to file a completed Case Information Statement (CIS), and apparently … alimony, the trial judge went through each of the statutory factors set forth in N.J.S.A. 2A:34-23(b). Significantly, … of the parties' demeanor and credibility. [J.E.V. v. K.V., 426 N.J. Super. 475, 485 (App. Div. 2012) (citation …
- A-0627-16T3 Opinionnjcourts.gov… him. He was charged with: first-degree conspiracy to commit murder, N.J.S.A. 2C:5-2 and 2C:11-3(a) or (b) (count … BY CHALLENGING THE SEARCH WARRANT AND ITS EXECUTION. A. FACTUAL BACKGROUND. B. THE PREVAILING LEGAL PRINCIPLES … a prima facie case. Defendant has failed to "allege facts sufficient to demonstrate counsel's 8 A-0627-16T3 …
- A-2279-16T1 Opinionnjcourts.gov… from the July 29, 2016 Chancery Division order granting commissions to the court- appointed Administrator C.T.A., … her shares of stock in a family business known as Debcris Commercial Warehousing, Inc. (Debcris) to Donner; $10,000 to … days, but only if the notice of appeal . . . was in fact served and filed within the time as extended." R. …
- A-0202-17T4 Opinionnjcourts.gov… on leave granted, appeals a Law Division judge's July 26, 2017 decision granting a motion to NOT FOR PUBLICATION … stamp with the word "Empire." He testified: [r]ed stamp is commonly used to be put on boxes or bags in reference [to] … motion to suppress, this court defers to the trial court's fact and credibility findings so long as those findings are …
- A-3154-16T3 Opinionnjcourts.gov… N.J.S.A. 2C:35-10(a)(1). We affirm. We glean the salient facts from the one-day trial. On October 20, 2011, at … he observed a van travelling in the opposite direction "coming head- on at [him]." The two occupants were not … raised [] was actually of no moment." State v. White, 326 N.J. Super. 304, 315 (App. Div. 1999). Defendant made no …
- A-3413-15T4 Opinionnjcourts.gov… to advise him 2 Defendant's filing also included motions to compel discovery previously ordered in the first PCR … any reasonable doubt that the defendant knew what the factual predicate [– a lack of Rule 3:9- 1(e) conference –] … which I find he was fully informed, despite the fact that a formal pretrial conference was not conducted on …
- A-3313-17T2 Opinionnjcourts.gov… CURIAM This short-lived but eventful matrimonial appeal now comes to an end, as we direct the parties back to where this … action and her need for the alleged unpaid alimony that was compelled by the March 5 order under review. On April 30, … that may be necessary – should take into consideration the fact that our stay of the imminent eviction in the tenancy …
- A-0724-16T2 Opinionnjcourts.gov… THE TRIAL JUDGE'S PARTIALITY AND PREMATURE FINDINGS OF FACT In the first point of his brief, defendant contends … See R. 2:11- 3(e)(1)(E). We add only these brief comments. Defendant did not file an application with the …
- A-3748-15T4 Opinionnjcourts.gov… from plaintiff Paul Maslow that resulted in an eviction complaint in the Special Civil Part based upon non-payment … thereof does not automatically void a lease, unless other factors require voidance. See McQueen v. Brown, 342 N.J. … the clerk of the court the rent claimed to be in default, together with the accrued costs of the proceedings, all …
- A-0273-15T2 Opinionnjcourts.gov… a lesser sentence, explaining defendant was found to have compulsive sexual behaviors, the Adult Diagnostic and … "[I]f counsel makes a thorough investigation of the law and facts and considers all likely options, counsel's trial … his claim will be unsuccessful." State v. Parker, 212 N.J. 269, 280 (2012). The Strickland/Fritz standard applies to …
- A-1274-15T1 Opinionnjcourts.gov… (quoting Greenholtz v. Inmates of Neb. Penal & Corr. Complex, 442 U.S. 1, 10, 99 S. Ct. 2100, 2105, 60 L. Ed. 2d … Carter's allegation that it failed to consider material facts contrary to Board policy and procedure. Carter failed … 5 A-1274-15T1 Board considered evidence of the positive factors as well as the negative factors in reviewing …