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… by Judge Margaret M. Marley in her thorough and well- reasoned opinion rendered on July 7, 2023. We do not recite in … an abbreviated summary and add the following additional comments. I. In January 2019, Theresa gave birth to David. … able to ameliorate the risk of harm to David and, if unremedied, whether the delay needed to address and lessen that …
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… and penalties. In exchange for his guilty plea, the State recommended probation, conditioned on an Avenel evaluation, no unsupervised contact with … (quoting State v. Nwobu, 139 N.J. 236, 240 (1995)). "[T]he primary purpose of PTI has been 'to assist in the …
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… Moyse, Designated Counsel, on the brief). Yolanda Ciccone, Middlesex County Prosecutor, attorney for respondent … to entertain oral argument on a PCR petition [wa]s committed to 'the sound discretion of [PCR] court,'" citing … to" defendant. Moreover, "counsel could have argued the prima facie merits of [defendant]'s petition, proving that a …
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… date for the summary ejectment action. In its verified complaint for ejectment, supported by the certification of … for a warrant of removal and, instead, ordered exclusively monetary, as opposed to equitable, relief. Id. at 1. We … both parties before deciding the request for a stay or monetary security pending the appeal." The court subsequently …
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… from two summary judgment orders. The first dismissed her complaint against defendant Hakim Sims. The second dismissed … challenging an internal affairs investigation and written reprimand. The complaint was 3 A-0236-16T4 Orange defendants … TO PROPERTY, etc., AND WAS CAST IN A FALSE LIGHT. With one exception, plaintiff's arguments are without sufficient …
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… Burlington County Prosecutor's office, and dismissing her complaint in lieu of prerogative writs. We affirm. In 2014, … for any cause other than incapacity, misconduct, or disobedience of rules and regulations established by the … the benefit of live testimony does not alter the aforementioned standard of review. Ruroede v. Borough of Hasbrouck …
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… PRECLUDED DEFENDANT FROM ELICITING TESTIMONY ABOUT THE COMPLAINING WITNESS'S DISMISSED CHARGES AND INADEQUATELY … light of the issues raised. There was no dispute that someone cut Pajuada on the arm. The wound severed an artery and … to repair. The issue was whether defendant, or someone else, stabbed Pajuada. According to Pajuada, at the time …
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… of intent to foreclose on March 8, 2016, and filed its complaint on June 23, 2016. Defendant filed an answer … notice of intent to foreclose was sent to defendant at his primary address on March 8, 2016; and defendant's failure to … petition was dismissed by the Bankruptcy Court less than one month later. 9 A-5298-16T3 SERVE THE NOTICES OF …
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… DIVISION DOCKET NO. A-1936-17T1 STEWART TITLE GUARANTY COMPANY, Plaintiff-Appellant, v. ALL-PRO TITLE GROUP, LLC, … and a December 14, 2017 order denying reconsideration. The primary focus of this appeal – like the reconsideration … decision. R. 2:11-3(e)(1)(E). 5 A-1936-17T1 report sooner because he had learned from Mr. Cannito that All-Pro's …
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… Submitted September 21, 2018 – Decided Before Judges Simonelli and O'Connor. On appeal from Superior Court of New … inside of the home. An officer noticed defendant was becoming nervous and suspected he knew more than he was … remand, the PCR court found defendant failed to set forth a prima facie case of ineffective assistance of counsel. The …
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… APPELLATE DIVISION DOCKET NO. A-0698-17T1 L.K., Petitioner-Appellant, v. DIVISION OF MEDICAL ASSISTANCE AND HEALTH … and indicating that the remaining documents were forthcoming. On September 19, 2016, after L.K.'s representative … that it was arbitrary, unreasonable or capricious.'" Barone v. Dep't of Human Servs., Div. of Med. Assistance & …
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… a business entity, Defendants, and FARMERS INSURANCE COMPANY OF FLEMINGTON, a business entity, … contract is a matter of law that we review de novo. Simonetti v. Selective Ins. Co., 372 N.J. Super. 421, 428 (App. … exclusionary provisions should be strictly construed. Simonetti, 372 N.J. Super. at 429. …
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… CABLE AMERICAN, INC., and NORTH AMERICAN CABLE EQUIPMENT COMPANY, INC., Defendants-Respondents, and RUSSIAN MEDIA … sell, lease or otherwise transfer the Property nor allow anyone else to obtain a security interest or line upon it … are either mutual mistake or unilateral mistake by one party and fraud or unconscionable conduct by the other). …
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… William Kaetz, appellant pro se. Buchanan Ingersoll & Rooney, PC, attorneys for respondent (Mark Pfeiffer, of … charges and assessments. On July 6, 2015, plaintiff filed a complaint alleging: (1) violations of the Fair Debt … for compensation for his litigation time and expenses, primarily because he was self- represented and not entitled …
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… DIVISION DOCKET NO. A-3532-16T2 DANIEL LYNCH, Petitioner-Appellant, v. BOARD OF TRUSTEES, POLICE AND FIREMEN'S … R. 1:36-3. February 8, 2019 2 A-3532-16T2 PER CURIAM Petitioner Daniel Lynch appeals from a March 14, 2017 final … of [petitioner] or another person.'" Accordingly, the ALJ recommended that petitioner was entitled to an ADR pension. …
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… defendant pled guilty to the indictment, and admitted he committed an act of criminal sexual contact when he groped … of codefendants; and (17) Whether or not the harm done to society by abandoning criminal prosecution would … must be considered in light of the time periods embodied in Rule 3:28. . . . The deterrence of criminal behavior …
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… IMPOSED UPON ANDRE HENDRICKS IS MORE PUNITIVE THAN RECOMMENDED BY THE ATTORNEY GENERAL'S BRIMAGE1 GUIDELINES. … tested as positive for those substances. Detectives questioned Wanda regarding defendant's whereabouts. Wanda … search ought to be regarded as cloaked with an aura of prima facie legality." State v. Kasabucki, 52 N.J. 110, …
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… her butt." Defendant instructed Sally not to tell anyone about his behavior, including Sally's mother. Defendant … defendant gave Sally two dollars and a violin. Diane was uncomfortable with the gifts given by defendant to Sally. … trained in forensic interviewing. [Sally's] statement primarily was the result of non-leading, non-suggestive …
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… January 18, 2018 2 A-0653-16T2 assessment of defendant's income, we affirm in part, and reverse and remand in part. I. … Based on these earnings and the child's agreement to pay one third of the college costs, the court found that after … additional $24,438.43 in yearly income.4 This materially erroneous finding warrants reversal. 4 The court looked at …
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… immigration status, his potential for removal, who completed the plea form, or whether defendant reviewed the … unsupported by the record." Moreover, the PCR court reasoned that defendant's certification did not support the … IMMIGRATION ADVICE HE RECEIVED POINT II. DEFENDANT MADE A PRIMA FACIE SHOWING THAT HE WAS DENIED EFFECTIVE ASSISTANCE …