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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 … Argued January 30, 2019 – Decided May 9, 2019 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … the application to be merely an expression of dissatisfaction with the outcome of the motions.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 …
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… Defendant-Appellant. Submitted January 30, 2019 - Decided Before Judges Accurso and Moynihan. On appeal from Superior … handgun, N.J.S.A. 2C:39-5(b), in exchange for the State's recommendation that he spend thirty years in State prison on … A-0064-17T4 At sentencing, the State argued for aggravating factors one, the nature and circumstances of the offense; …
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… Submitted August 8, 2017 – Decided Before Judges O'Connor and Whipple. On appeal from Superior … a final hearing to adjudicate the domestic violence complaint plaintiff J.R. filed NOT FOR PUBLICATION WITHOUT … entry of the indefinite TRO. We note defendant had not in fact asserted this argument when he sought to set aside this …
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… STATES FIRE INSURANCE CO., Individually and d/b/a CRUM & FORSTER, Defendant-Respondent, and JUAN PINERO, Defendant. … a dishonored check defendant United States Fire Insurance Company, Inc. (USIF) issued to the order of defendant Juan … in part and reverse in part. I We discern the following facts from the motion record. In March 2012, USIF issued a …
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… argued April 19, 2017 – Decided June 12, 2017 Before Judges Hoffman and Whipple. On appeal from Superior … location. When plaintiff joined, he signed a membership commitment, waiver, and release of liability form. The … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no …
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… Submitted September 12, 2017 – Decided Before Judges Reisner and Gilson. On appeal from the Superior … brief). PER CURIAM N.J.S.A. 2C:39-5(j) provides that the commission of certain weapons offenses by a person who has a … i expressly identifies the "sentencing court" as the fact finder. In that regard, the subsection states in …
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… Submitted January 19, 2017 – Decided Before Judges Alvarez and Accurso. On appeal from the Superior … he was handcuffed in the kitchen until the search was completed. He denied hearing the officers knock or announce … of the evidence error. We review a motion judge's factual findings in a suppression hearing with great …
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… Submitted March 8, 2017 – Decided Before Judges Fuentes and Simonelli. On appeal from the … an evidentiary hearing. We affirm. We derive the following facts from the record. During 2007, defendant was living … part: An actor is guilty of aggravated sexual assault if he commits an act of sexual penetration with another person …
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… Submitted March 7, 2017 – Decided Before Judges Reisner and Koblitz. On appeal from the Board of … Clarke to return to full firefighter duty, so long as he complied with various employment conditions including … Clarke appealed the Board decision, specifically targeting the Board's findings related to factors seven, eight …