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… Submitted October 17, 2017 – Decided Before Judges Fasciale and Moynihan. On appeal from Superior … evidence under the applicable standard, a reasonable fact finder could find defendant guilty of the offense of … circumstances of the police tackle, and taken together cannot constitute proof beyond a reasonable doubt." …
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… Argued November 28, 2017 - Decided Before Judges Fasciale and Sumners. On appeal from the Public … in 2003. On August 17, 2016, the Board voted to adopt the recommendations of the initial decision. Before us, Gaven challenges the Board's factual findings. He argues the Board's ruling that his …
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… Submitted January 17, 2018 – Decided Before Judges Fisher and Sumners. On appeal from Superior … [seventy percent] attributable to" the 2013 accident. Upon completion of discovery, defendant moved for summary … to this motor vehicle accident. This takes into account the fact that the patient has sustained a permanent injury to …
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… Submitted May 8, 2018 – Decided June 18, 2018 Before Judges Hoffman, Gilson, and Mitterhoff. On appeal from … Sokalski's thorough written decision, adding the following comments. Rule 3:22-12(a)(2) requires that a second petition … to cases on collateral review; or (B) the date on which the factual predicate for the relief sought was discovered, if …
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… Submitted May 8, 2018 – Decided May 23, 2018 Before Judges Reisner and Gilson. On appeal from Superior … 9, 2016, denying defendant's cross- motion to dismiss the complaint as untimely; February 23, 2017, remanding the case … of fraud and breach of contract with no specific factual support. The entire counterclaim appeared to be …
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… Submitted May 8, 2018 – Decided Before Judges Gilson and Mitterhoff. On appeal from Superior … for the reasons explained by Judge Michael J. Nelson in his comprehensive opinion read into the record on August 1, 2017. The facts and evidence are detailed in Judge Nelson's opinion, …
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… Submitted May 2, 2018 – Decided Before Judges Alvarez and Currier. On appeal from Superior … 9, 2006, the judge advised defendant that following the completion of his sentence, he would be subject to parole … Ibid. If the petition is untimely, it must allege facts showing that the "delay beyond said time was due to …
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… NO. A-4289-16T1 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RESIDENTIAL FUNDING MORTGAGE SECURITIES I, INC., … National Association, as Trustee, by Residential Funding Company, LLC f/k/a Residential Funding Corporation Attorney in Fact (U.S. Bank I). Shortly thereafter, U.S. Bank I filed a …
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… Submitted March 29, 2017 – Decided Before Judges Accurso and Manahan. On appeal from the Tax … 2012 and April 2013. The sale prices for the homes deemed comparable by the expert ranged from $60,000 to $130,000. … were "fatal to [their] credibility." The judge held the facts and data regarding the comparable homes utilized by …
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… Submitted January 22, 2019 – Decided Before Judges Haas, Sumners, and Mitterhoff. On appeal from … in Judge Flynn's thoughtful decision. We add the following comments. We are satisfied that commencing with the … and untreatable permanent cognitive limitations, together with three additional, and untreatable, maladaptive …
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… Submitted November 30, 2020 – Decided NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … this residential lease dispute. We affirm. I. The following facts are derived from the record. Central Jersey owns a … as a tenant. Although Cao is named as a defendant in the complaint, the judgment was entered in favor of Shang only. …
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… THE MATTER OF THE APPEAL OF THE DENIAL OF A RETIRED LAW EN- FORCEMENT OFFICER PERMIT TO CARRY FIRE- ARMS FOR: A.A.1 … and well-reasoned opinion. We add only the following brief comments. We discern the following facts from the record. Petitioner was employed as a …
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… Submitted February 26, 2020 – Decided Before Judges Fuentes and Mayer. On appeal from the New Jersey … of a weapon for an unlawful purpose. These offenses were committed in 1995. Barclay first became eligible for parole … recidivism. The panel also found the following mitigating factors: (1) participation in programs specific to behavior; …
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… Submitted June 3, 2020 – Decided June 18, 2020 Before Judges Haas, Mayer and Enright. On appeal from the … should be reversed because the Division allegedly did not comply with the requirements of the Indian Child Welfare Act … and the children. Instead, we incorporate by reference the factual findings and legal conclusions contained in Judge …
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… Submitted March 18, 2020 – Decided April 24, 2020 Before Judges Fuentes and Enright. On appeal from the Superior … well-reasoned oral opinion. Because Judge Schuck's opinion comprehensively and correctly addressed all of defendant's … her trial attorney answered all her questions to her satisfaction. At defendant's sentencing in January 2015, her …
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… Submitted May 14, 2020 – Decided June 26, 2020 Before Judges Alvarez and Suter. On appeal from the Superior … robbery victim, who spent several minutes in defendant's company, as well as an employee of a nearby store who … any discussion to a further application but noting the fact it could be barred for that reason. Pursuant to Rule …
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… Argued November 13, 2019 – Decided Before Judges Fisher and Gilson. On appeal from an … another ground for termination. In October 2018, seller commenced this action in the Chancery Division, seeking … have been denied because: (a) "[m]aterial questions of fact regarding the meaning of the agreement at issue should …
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… Submitted July 9, 2019 – Decided Before Judges Nugent and Accurso. On appeal from the Board of … merchandise was entitled to a refund of $19.50. Claimant completed the transaction and the refund amount was placed … The Examiner based his decision on the undisputed facts that claimant never apprised the customer of the …
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… Submitted November 4, 2019 – Decided Before Judges Messano and Susswein. On appeal from the … State v. Yarbough, 100 N.J. 627, 643–44 (1985) (explaining factors for imposing consecutive sentences). We also … factors found by the sentencing court were not based upon competent and credible evidence in the record; or (3) "the …
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… Submitted November 19, 2019 – Decided Before Judges Hoffman and Currier. On appeal from the Superior … costs. We affirm. I On December 3, 2018, plaintiff filed a complaint against Ramirez alleging breach of contract. The … to [] plaintiff; however, [] plaintiff has established the fact that they both went to the car dealership, they are …