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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 November 8, 2017 – Decided Before Judges Reisner, Gilson, and Mayer. On appeal from … a psychological evaluation and attend parenting classes. A fact-finding hearing was conducted on September 2, 2015, and … th[e] child wouldn't have been in significant pain and discomfort." In assessing whether Pamela exercised a minimum …
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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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… Argued May 3, 2018 – Decided July 11, 2018 Before Judges Haas, Rothstadt, and Gooden Brown. On appeal … the owner and operator of the "federally subsidized housing complex" where defendant has lived since 2003. The complex's … was erroneous. While falling asleep after midnight and forgetting to turn off the water when the stopper was in the …
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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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… INS. CO., Appellant. Submitted March 15, 2017 – Decided Before Judges Fuentes, Carroll and Gooden Brown. On appeal … of the bond. The trial court disagreed. We affirm. The facts are not in dispute. On April 19, 2012, U.S. Specialty … failed to appear for sentencing the previous week. It then commenced an investigation, which initially consisted of …
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… Argued April 25, 2017 – Decided Before Judges Fisher, Vernoia and Moynihan. On appeal from the … lane of travel, justified the officer's utilization of the community caretaker exception to the warrant requirement. … the meaning of this statute could not be demonstrated. That fact, however, is not conclusive on the question of whether …
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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 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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… Argued April 5, 2022 – Decided July 27, 2022 Before Judges Fasciale and Sumners. On appeal from the … identified by defendant alleged to be a witness or committing crimes. 3 A-2449-20 Police officers were … that the State's warrant application was based on adequate facts indicating defendant's involvement in criminal …
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… Argued April 4, 2022 – Decided April 13, 2022 Before Judges Fasciale and Firko. On appeal from the Superior … a bench trial entering a no cause of action dismissing the complaint against defendant New NOT FOR PUBLICATION WITHOUT … this court's consideration: [POINT I] THE TRIAL [JUDGE]'S FACTUAL FINDINGS AND LEGAL CONCLUSIONS ARE MANIFESTLY …
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… Argued March 22, 2022 – Decided May 3, 2021 Before Judges Currier, DeAlmeida, and Smith. On appeal from … and accessories, and articles of a similar nature, together with policies of insurance thereon against loss of … 2020, Stephen presented an order to show cause and verified complaint seeking an order: (1) to declare, adjudge, direct, …
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… Argued March 1, 2022 – Decided August 30, 2022 Before Judges Fisher and Smith. On appeal from the Superior … request. The court-appointed appraisal firm (Renwick) completed its report in December 2019. The report estimated … its discretion by declining to hold a plenary hearing when factual disputes existed. II. Our review of orders entered …
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… APPELLATE DIVISION DOCKET NO. A-2406-20 R.M.R. ELEVATOR COMPANY, INC., Plaintiff-Respondent, v. BROAD ATLANTIC … Argued May 12, 2022 – Decided June 6, 2022 Before Judges Mitterhoff and Alvarez. On appeal from the … fees to plaintiff. We affirm. We discern the following facts from the record. In 2016, the parties entered into …
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… NO. A-0292-19T2 A-0317-19T2 IN THE MATTER OF THE CIVIL COMMITMENT OF I.M. ___________________________ IN THE MATTER … Argued October 19, 2020 – Decided Before Judges Messano and Smith. On appeal from the Superior … clear, direct and weighty and convincing as to enable [the factfinder] to come to a clear conviction, without …
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… Submitted October 28, 2020 – Decided Before Judges Vernoia and Enright. On appeal from the Superior … plaintiff filed an order to show cause in New Jersey to compel the child's return. The next day, a New Jersey Family … her efforts. We are not persuaded. We defer to family court fact findings "when supported by adequate, substantial, …
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… Submitted March 3, 2021 – Decided April 6, 2021 Before Judges Whipple and Firko. On appeal from the Board of … she was married to Mr. Rasczyk. On June 22, 2000, Karen completed her PERS enrollment application and listed Mr. … The member's accumulated deductions at the time of death together with regular interest . . . ; and (2) An amount equal …
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… Submitted January 27, 2021 – Decided March 17, 2021 Before Judges Sumners and Geiger. On appeal from the Superior … POINT II AS DEFENDANT'S ATTORNEY FAILED TO RAISE MITIGATING FACTORS IN FAVOR OF HIS CLIENT AT SENTENCING, HE IS ENTITLED … first-degree armed robbery, second-degree conspiracy to commit armed robbery, second-degree possession of a weapon …
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… Argued April 2, 2020 – Decided July 10, 2020 Before Judges Suter and DeAlmeida. On appeal from the Superior … of a duplex on its property. We affirm. I. The following facts are derived from the record. Shore Investment owns a … property, it was improved with a deteriorating, non-flood-compliant, one-family bungalow. The property had not been …