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… Submitted May 8, 2018 – Decided July 6, 2018 Before Judges Fisher and Moynihan. On appeal from Superior … ASSISTANCE OF COUNSEL, EVIDENTIARY 1 We need not repeat the facts that are set forth in our prior opinion. 3 A-0062-17T3 … N.J. Super. 409, 423 (App. Div. 1989)). "[A] defendant's complete understanding of his right to testify can be …
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… Submitted November 13, 2018 – Decided Before Judges Haas and Mitterhoff. On appeal from Superior … eight). On May 12, 2017, Judge Mark Nelson rendered a comprehensive oral opinion denying defendant's motion to … defendant argues that "the judge made erroneous findings of fact and misapplied the law in denying defendant's motion to …
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… Submitted November 15, 2018 – Decided Before Judges Accurso and Vernoia. NOT FOR PUBLICATION WITHOUT … argues the court erred by rejecting his contention that the complaint was filed beyond the limitations period and by … depositions, answers to interrogatories, and affidavits—"together with all legitimate inferences therefrom favoring the …
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… Submitted October 3, 2018 – Decided Before Judges Reisner and Mawla. On appeal from the Board of … which found he was disqualified from receiving unemployment compensation benefits pursuant to N.J.S.A. 43:21-5(a), … cause attributable to the work. We affirm. The following facts are taken from the record. Kastel worked for Elite …
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… Argued February 27, 2018 – Decided Before Judges Yannotti and DeAlmeida. On appeal from Superior … with a probation officer, defendant stated that he completed an alcohol abuse treatment program recommended … issued a three-page letter in which he applied each of the factors set forth in N.J.S.A. 2C:43-12(e) and Rule 3:28 to …
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… Submitted March 6, 2018 - Decided Before Judges Hoffman and Mayer. On appeal from Superior Court … from the store when an unknown man entered her apartment complex behind her. The man demanded S.L. hand over her … due to financial need. Rather, the prosecutor's remarks targeted the credibility of statements defendant made to police …
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… Submitted November 13, 2017 – Decided Before Judges Sabatino and Whipple. On appeal from Superior … his firearm, and instructed defendant to stop. Defendant complied and immediately raised his hands in the air. … is based on specific and articulable facts which, taken together with the rational inferences from those facts, give …
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… Submitted January 25, 2018 – Decided Before Judges Simonelli, Haas and Gooden Brown. On appeal from … determined that defendant had no job or source of income, and was not eligible for Temporary Rental Assistance. … which would have afforded defendant and Andy shelter, together with a range of other services. Instead, defendant …
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… Submitted January 9, 2018 – Decided Before Judges Fasciale, Sumners and Moynihan. On appeal from … neglect of children, N.J.S.A. 9:6-3. Following a two-day fact-finding hearing, Judge Gallina-Mecca found that "based … do. Most concerning is the fact that the defendant father's complete lack of judgment comes just one day after a similar …
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… DOCKET NO. A-4714-16T3 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, IN TRUST FOR THE REGISTERED HOLDERS OF MORGAN STANLEY ABS CAPITAL I … "If there is no 4 A-4714-16T3 genuine issue of material fact, we must then decide whether the trial court correctly …
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… Submitted March 8, 2018 – Decided Before Judges Simonelli, Haas and Gooden Brown. On appeal from … JoAnn Chesimard after they relieved him following the completion of his shift. The Division denied the request … an application filed after the 5-year period if it can be factually demonstrated to the satisfaction of the board of …
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… U.S. BANK NATIONAL ASSOCIATION, as legal title trustee for Truman 2016 SC6 Title Trust, Plaintiff-Respondent, v. … in other cases is limited. R. 1:36-3. 2 A-4088-16T3 In this commercial mortgage foreclosure action, defendant Simon … execution of the Assignment of Mortgage by the Attorney-In-Fact on behalf of a defunct entity is valid. II. We review a …
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… Plaintiff, v. FIRST BROKERS INSURANCE and FARMERS INSURANCE COMPANY OF FLEMINGTON, Third-Party Defendants-Respondents. … Argued January 30, 2019 – Decided May 9, 2019 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … the application to be merely an expression of dissatisfaction with the outcome of the motions. On appeal, the …
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… Submitted June 4, 2019 – Decided June 27, 2019 Before Judges Yannotti and Rothstadt. On appeal from the … time required by Rule 3:21-10(a), and the motion did not come within any of the exceptions enumerated in Rule 3:21- … Sentencing based on judge-found rather than on jury-found facts have been stricken as unconstitutional which applies …
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… Submitted April 4, 2019 – Decided June 24, 2019 Before Judges Whipple and Firko. On appeal from the Board of … for ordinary disability benefits because he had yet to complete the minimum number of years of service. His … 192 N.J. 19, 27-28 (2007)). An agency's findings of fact "are considered binding on appeal when supported by …
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… Argued May 22, 2019 – Decided June 20, 2019 Before Judges Reisner and Mawla. On appeal from Superior Court … the benefit of the parties, who are fully familiar with the facts, a short background summary will suffice here. The … arbitration 7 A-5087-17T1 issue was broad enough to encompass the issue of which retirees were covered by the …
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… DOCKET NO. A-2975-17T3 U.S. BANK TRUST, N.A., as trustee for LSF9 MASTER PARTICIPATION TRUST, Plaintiff-Respondent, … assigned the mortgage to Quicken, who filed a foreclosure complaint on December 1, 2014. On August 25, 2015, Quicken … answers to interrogatories and admissions on file, together with the affidavits, if 7 A-2975-17T3 any, show there …
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… Submitted May 2, 2019 – Decided May 16, 2019 Before Judges Simonelli and Whipple. On appeal from the Board … and assigned duties as a teacher. We affirm. The underlying facts are set forth in our prior opinion in Starling v. … impaired to discharge the duties of a teacher. Id. at 5. We commented that "[t]he credible evidence in the record …
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… Submitted May 1, 2019 — Decided May 14, 2019 Before Judges Reisner and Mawla. On appeal from Superior Court … conviction in the municipal court. We take the following facts from the record. In August 2016, Brenda Munson, … Inspector for the Township of Toms River, responded to a complaint from defendant's tenant regarding the condition of …
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… Submitted March 12, 2019 – Decided Before Judges Yannotti and Gilson. On appeal from Superior … . . there is reasonable probability that if the defendant's factual assertions were found to be true enforcement of the … because '[a]s time 5 A-4551-17T4 passes, justice becomes more elusive and the necessity for preserving finality …