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- njcourts.gov… upheld Jennifer's removal and ordered both defendants to comply with services to address their substance abuse and … and she went to live with him in Florida. On February 26, 2012, Florida DCF removed Jennifer from her father's … Guardianship of K.H.O., 161 N.J. 337, 348 (1999). It is a fact-sensitive inquiry. N.J. Div. of Youth & Family Servs. …
- njcourts.gov… in need of redevelopment. Plaintiffs claim the trial court committed legal and factual errors. We are unpersuaded and affirm. In March … blighted decades earlier required they be "reevaluated together pursuant to N.J.S.A. 40A:12A- 5"). McManus's report …
- STATE OF NEW JERSEY VS. PHILIP CARRINGTON (31-18, HUDSON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… ____________________________ Submitted May 26, 2020 – Decided June 3, 2020 Before Judges Sabatino and … 5:70-3, 901.6.3; lack of a windowless basement-code complaint fire system, N.J.A.C. 5:70- 4.7(h); the exit … of justice so requires." That assessment is commonly fact-dependent on the particular circumstances involved, and …
- STATE OF NEW JERSEY VS. SAOUL MONTALVO (16-05-1527, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Defendant-Appellant. Submitted May 27, 2020 – Decided June 26, 2020 Before Judges Accurso and Rose. On appeal from the … described the building as a "boarding house," with a common hallway that led to defendant's room at its end; four … v. Robinson, 200 N.J. 1, 15 (2009). We defer to the court's factual and credibility findings "so long as those findings …
- STATE OF NEW JERSEY VS. MAURICE SPAGGERY (05-02-0254, UNION COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… his trial counsel did not file appropriate motions or complete the investigation prior to the plea-cutoff date, … these materials. He contended the new transcript provided a factual predicate for his ineffective assistance of counsel … the pendency of any prior proceedings; or (B) that the factual predicate for the relief sought could not have been …
- njcourts.gov… 2016, through prior counsel, plaintiff filed an eight-count complaint against defendants, followed by a first- 4 … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact challenged and that the moving party is entitled to a …
- STATE OF NEW JERSEY VS. DONALD PRATOLA (SGJ-2-80, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Law Division order denying his post-conviction motion to compel the submission of DNA evidence to the Combined DNA … her. Both defendant and his wife testified that they were together at a gas station and then eating lunch at the time … 2A:84A-32a(d). In many instances, as here, the pivotal factor lies under subsection (d)(5), i.e., whether a new …
- njcourts.gov… plaintiff's current case information statement (CIS) or income information, by not compelling plaintiff to reimburse defendant for amounts paid in satisfaction of the Board's claim, and by not requiring plaintiff … entered an order granting defendant's motion in part, together with a written decision. In his written decision, the …
- GREGORY JON JURCZAK VS. LORI ANN PULEO (FM-14-0512-11, MORRIS COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… the parent coordinator contrary to their February 26, 2014 consent order. Defendant requested counsel fees and … arrearages," demonstrating that plaintiff failed to comply with the MSA and court orders dated May 20, 2013, … for attorney's fees and costs. The court considered factors under Rule 5:3-5 and Rule 4:42-9, finding it …
- njcourts.gov… appeal from the New Jersey Government Records Council, GRC Complaint No. 2015-256. William Mark Scott, appellant, … Financing Authority (HCFFA). We affirm. I. The following facts are derived from the record. In 1993, HCFFA, a public … tax return information protected from disclosure under 26 U.S.C.A. § 6103 (Section 6103). On August 5, 2015, Scott …
- njcourts.gov… Defendants-Appellants/ Cross-Respondents, and FUN SPOT MANUFACTURING, LLC, INTERNATIONAL ASSOCIATION OF TRAMPOLINE … denying their motion to dismiss plaintiff's first amended complaint and compel arbitration. The judge altered his … addressed by the judge, either by way of findings of fact or conclusions of law. 13 A-3092-19 SHOULD HAVE KNOWN …
- njcourts.gov… IN ADMITTING THE VIDEOTAPED STATEMENT OF THE FIVE-YEAR- OLD COMPLAINANT UNDER THE TENDER YEARS EXCEPTION TO THE HEARSAY … MADE CONFLICTING FINDINGS ON THE AGGRAVATING AND MITIGATING FACTORS, FINDING THAT THE DEFENDANT WAS UNLIKELY TO … teacher at Cindy's daycare, revealed that on or about March 26, 2012, he overheard Cindy tell a male 3 Currently known …
- njcourts.gov… Of New Jersey, Plaintiff-Respondent, v. STAR INSURANCE COMPANY and MEADOWBROOK, INC., Defendants-Appellants. … policy number CP 0641963 from defendants Star Insurance Company and Meadowbrook Inc. (collectively, Star). On April … 520, 536 (1995)). If there is no genuine issue of material fact, we must then "decide whether the trial court correctly …
- njcourts.gov… APPELLATE DIVISION DOCKET NO. A-0381-19 75 PROSPECT HOLDING COMPANY, LLC, Plaintiff-Appellant, v. CITY OF EAST ORANGE … for Thomas's apartment was $2,700 per month. On October 26, 2016, Thomas signed a lease with the prior owner, … month and acknowledged the lack of a notice to quit. Both facts established Code violations before the Rent Board. …
- njcourts.gov… of Fairfield since 1968. South State, Inc. (SSI) operates a competing business on a lot adjoining plaintiff's property. … (citing Kramer v. Bd. of Adjustment, Sea Girt, 45 N.J. 268, 285 (1965)). "Ordinarily, when a party challenges a . . … A-4124-19 considered the presented evidence, including: the fact that plaintiff had mined continuously on its property …
- njcourts.gov… matter, plaintiff Dania Hajjar appeals from the June 26, 2020 Family Part order substantially reducing the … with different judges, primarily over defendant's noncompliance with his support obligations and failure to … the pandemic]." Without further analysis of the requisite factors or governing principles, the judge concluded "given …
- njcourts.gov… capacity and on behalf of a putative class action, filed a complaint against defendants, satellite radio providers,1 … contract, or by conduct, creating a contract implied-in-fact." 128 N.J. at 436 (emphasis added). The totality of … specific language, font size, or format, but rather lists factors for a court to consider when determining whether a …
- njcourts.gov… in public employment and governing the investigation of complaints about that conduct. When plaintiff filed this … to N.J.A.C. 4A:7-3.1(j). 3 A-4567-18 I. On or about May 26, 2016, plaintiff filed an internal complaint with the … – and does not create a confidentiality requirement. In fact, we know, as expressed by the CSC, the intent behind …
- njcourts.gov… court order denying, in part, their motion to dismiss the complaint of plaintiff Pomum Liber, LLC and compel … to the other four. Accordingly, we affirm. Although the facts are hotly disputed, the basic contours of the … Agreement." Nothing in the agreements ties the loans together or draws the subsequent loans under the supposed …
- JOHN T. PALLAY VS. JAYNEE PALLAY (FM-18-0300-15, SOMERSET COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… decisions issued with the challenged orders. The salient facts taken from the record are summarized as follows. The … the QDRO and to pay Pension Appraisers the full $495 to commence the QDRO's preparation within seven days. On July … in family matters.'" Thieme v. Aucoin-Thieme, 227 N.J. 269, 282-83 (2016) (quoting Cesare, 154 N.J. at 413). "Thus, …