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… Argued October 31, 2018 – Decided January 10, 2019 Before Judges Accurso and Moynihan. On appeal from Superior … found trial counsel's request for an investigation and a concomitant investigation report in the regional trial file. … even though Ms. Harris's4 evidentiary-hearing testimony, together 3 Defendant, in an undated "certification" notarized …
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… Submitted December 4, 2018 – Decided Before Judges Sabatino and Mitterhoff. On appeal from Superior … relief ("PCR"). We affirm. We briefly recite the relevant facts from the record. In 2005, defendant was charged with … pursuant to a plea agreement, to one count of conspiracy to commit possession with intent to distribute a controlled …
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… Argued August 8, 2018 – Decided August 24, 2018 Before Judges Hoffman and Currier. On appeal from Superior … appeals from the provisions of the August 4, 2017 order compelling her to execute a Qualified Domestic Relation … v. Cesare, 154 N.J. 394, 413 (1998). Unlike a trial judge's fact and credibility findings, the judge's "interpretation …
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… Argued October 30, 2018 – Decided Before Judges Gilson and Natali. On appeal from Superior Court … Lisa F. Chrystal issued a September 28, 2017 order and comprehensive written opinion granting defendant's fee … In her written opinion, Judge Chrystal considered the factors under Rule 5:3-5(c).1 In considering the financial …
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… Submitted October 22, 2018 – Decided Before Judges Fasciale and Gooden Brown. On appeal from the … affirming the denial. The ALJ accepted as undisputed facts "that, in 2001, the NJSP had disqualified [Buggé] from … well as his work history in law enforcement, and numerous commendations. Buggé's work history included working for the …
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… Submitted December 4, 2018 – Decided Before Judges Haas and Mitterhoff. On appeal from Superior … State's expert and his own expert agreed that defendant was competent to stand trial on the charges. On the first day of … defendant to a suspended three-year prison term, together with PSL, and mandatory Megan's Law reporting …
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… Submitted November 1, 2018 – Decided Before Judges O'Connor and DeAlmeida. NOT FOR PUBLICATION … by reference the trial court’s findings on the material facts because they are supported by competent evidence. See N.J. Div. of Youth & Family Servs. …
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… Submitted September 13, 2018 – Decided Before Judges Vernoia and Moynihan. NOT FOR PUBLICATION … title search made prior to the filing of the foreclosure complaint warrants dismissal of the complaint and sanctions … despite the existence of disputed genuine issues of fact related to the ownership of the note and mortgage. The …
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… Defendant-Appellant. Submitted October 22, 2018 – Decided Before Judges Fasciale and Rose. On appeal from Superior Court … Judge John T. Kelley entered the order and rendered a comprehensive oral decision setting forth, in great detail, the facts, procedural history and legal standards applicable to …
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… Submitted August 7, 2018 - Decided Before Judges Mayer and Mawla. On appeal from Superior Court … denying defendant's cross-motion to dismiss the foreclosure complaint; an April 28, 2017 order denying defendant's … answers to interrogatories and admissions on file, together with the affidavits, if any, show 6 A-4843-16T2 there …
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… Submitted February 27, 2019 – Decided Before Judges Nugent and Mawla. On appeal from the Superior … R. 1:36-3. August 23, 2019 2 A-2470-17T1 legal malpractice complaint. The trial court dismissed his complaint on … the court noted there were no genuine issues of material fact in dispute. The court also noted plaintiff's cause of …
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… Argued August 13, 2019 – Decided August 21, 2019 Before Judges Sumners and Moynihan. On appeal from the … supervise a subordinate officer, and engaged in conduct unbecoming a public employee," it did not correlate its findings … Id. at 579. Our "function on appeal is not to make new factual findings but simply to decide whether there was …
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… Submitted August 7, 2018 – Decided Before Judges Sabatino and Mawla. On appeal from the Board of … of simple misconduct. We affirm. We take the following facts from the record. Ouazene was employed by Dell … analyst from July 9, 2013 through October 9, 2015. Before commencing his employment with Dell, Ouazene signed an …
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… Argued May 15, 2018 – Decided August 14, 2018 Before Judges Sumners and Natali. On appeal from the New Jersey Commissioner of Education, Agency Docket No. 146-6/15. … the Commissioner's Decision. Before addressing the relevant facts concerning Concato's claims, we briefly discuss our …
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… Submitted December 19, 2018 – Decided Before Judges Currier and Mayer. On appeal from Superior Court … contentions advanced on appeal, we affirm. The following facts were adduced at trial. At 4:06 a.m., Elizabeth police … one must have a knowing intentional control of that item accompanied by a knowledge of its character. So, a person who …
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… Submitted December 11, 2017 – Decided Before Judges Sabatino and Whipple. On appeal from Superior … hearing, the trial judge omitted a relevant mitigating factor. We affirm. I. We discern the following facts from … outside of the house, Marcos' brother, Angel, told him to come inside because it was late. Shortly thereafter, …
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… Submitted November 8, 2017 – Decided Before Judges Reisner and Mayer. On appeal from Superior Court … 1, 2016 order of the Special Civil Part dismissing its complaint after a bench trial. We affirm. NOT FOR … was hospitalized at HUMC for several days in March 2015. In fact, defendant consulted with his health insurer, …
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… Submitted November 15, 2017 — Decided Before Judges Alvarez, Nugent and Currier. On appeal from … that dismissed for failure to state a cause of action their complaint alleging defendants NOT FOR PUBLICATION WITHOUT … determine "whether a cause of action is 'suggested' by the facts." Printing Mart-Morristown v. Sharp Electronics Corp., …
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… Submitted February 28, 2018 – Decided Before Judges Fuentes and Manahan. On appeal from Superior … in April 2012, upon weighing the aggravating and mitigating factors, the court determined that the aggravating factor … PCR judge held, and we agree, that the brother's isolated comments about his personal feelings about defendant did not …
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… Submitted February 28, 2018 – Decided Before Judges Currier and Geiger. On appeal from Superior … the record and applicable principles of law, we affirm. The facts relating to the charges, trial, and post-conviction … prosecutor referred to the psychological evaluation in his comments at sentencing. The Judgment of Conviction (JOC) …