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… Submitted November 13, 2017 – Decided Before Judges Sabatino and Ostrer. On appeal from Superior … Appellants are the biological parents of six children together. Mother gave birth to J.J.M., the couple's third … and allowing them visitation with the children, pending the completion of psychological evaluations and expert …
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… Submitted September 14, 2017 – Decided Before Judges Nugent and Currier. On appeal from Superior … Following the primary obligor's default on a $3,750,000 commercial mortgage modification note to plaintiff, Parke … the court noted that the debt had been longstanding, a fact the court considered. The court implied the amount …
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… Argued October 26, 2017 – Decided Before Judges Simonelli and Haas. On appeal from Superior … AND FILES WOULD BE BROUGHT TO COURT TO PROVIDE THE TRUE FACTS RELATED TO STATE MEDICAL BOARD LICENSING STATUTES IN … opinion. R. 2:11-3(e)(2). We add the following brief comments. As defendant notes in the point headings to his …
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… Submitted September 25, 2017 – Decided Before Judges Whipple and Rose. On appeal from Superior Court … time of the divorce, for purposes of alimony, plaintiff's income was agreed to be $82,000 per year, not including his … reasons. We accord a deferential standard of review to fact-finding; however, the trial judge's legal conclusions, …
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… Cross-Respondent. Submitted September 6, 2017 – Decided Before Judges Alvarez and Gooden Brown. On appeal from the … bulkhead. She acquired title on March 31, 2014. By verified complaint, signed June 24, 2014,1 Rodano sought enforcement … is a different matter. We begin with two undisputed facts – that Kousmine knew and understood her obligations, …
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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) …
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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 April 24, 2018 – Decided Before Judges Reisner and Gilson. On appeal from Superior … of reassessing the SCVTF penalty. I. We summarize the facts based on the evidence presented at trial. The State … 41, 54 (1997)). Accordingly, a trial judge must deliver "a comprehensible explanation of the questions that the jury …
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… Submitted May 16, 2018 – Decided June 7, 2018 Before Judges Koblitz, Manahan and Suter. On appeal from the … a Facility Reporting Incident Data Analysis Yield was completed by the Director of Nursing, Donna Mayer, and the … own testimony assisted the [Department] in proving the facts of the case by a preponderance of the evidence. She …
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… Submitted March 13, 2018 – Decided May 9, 2018 Before Judges Mawla and DeAlmeida. On appeal from the Board of … 1:36-3. 2 A-3109-16T2 disqualifying her from unemployment compensation benefits. We affirm. I. The record shows that … 29, 2016. The Board considered and adopted the findings of fact and opinion of the Appeal Tribunal, and, on February 2, …
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… Submitted January 24, 2019 - Decided Before Judges Koblitz and Mayer. On appeal from Superior Court … screaming vindictive slurs and shouting he was "going to come and kill" her. The same day as the FD hearing, … plaintiff required the entry of an FRO because she was uneasy and fearful of defendant. On appeal, defendant contends …
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… Argued November 28, 2018 – Decided Before Judges Koblitz, Currier, and Mayer. On appeal from … appeals from the May 22, 2017 final judgment dismissing his complaint. We affirm. Plaintiff was an employee of Advance … On appeal, we reversed and remanded, finding an issue of fact due to the ambiguity of the term "distribution" in the …
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… Argued January 16, 2019 – Decided January 31, 2019 Before Judges Nugent and Mawla. On appeal from Superior Court … was asleep in his vehicle in the parking lot of a Target in South Brunswick. Defendant had driven from Florida … which he produced. They noticed defendant had become increasingly nervous during the questioning. They …
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… Submitted May 24, 2017 – Decided Before Judges Fuentes and Simonelli. On appeal from the … Degrees, one in Engineering Mechanics, and another in Computer Science and Engineering, and had a job offer to … provided by the [PTI] program. The CDM recognized favorable factors, including that defendant was charged with a …
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… SHERIFF'S DEPARTMENT. Argued October 6, 2016 – Decided Before Judges Alvarez and Accurso.1 On appeal from the Civil Service Commission, Docket No. 2013-1552. Dywon Kelsey, appellant, … was appropriate. The Commission adopted these findings of fact and conclusions. II. It is well-established that our …
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… Submitted December 14, 2016 – Decided Before Judges Accurso and Manahan. On appeal from Superior … PER CURIAM This is a dispute between neighbors who share a common rear lot line. The house on plaintiff Bashar … well-established scope of review: "we do not disturb the factual findings and legal conclusions of the trial judge …
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… Argued March 21, 2017 – Decided Before Judges Messano and Suter. On appeal from the Superior … Camden's police officers challenged the Civil Service Commission's approval of the reorganization plan, and we … and matters arising among related parties be adjudicated together rather than in separate, successive, fragmented, or …
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… Submitted April 4, 2017 – Decided Before Judges Fisher and Vernoia. On appeal from the Superior … and remanded to the trial court to make further findings of fact. State v. Yohnnson, A-3406-05 (App. Div. Sept. 7, 2007) … Defendant and his trial counsel testified concerning their communications following the denial of defendant's …
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… Submitted December 20, 2016 – Decided Before Judges Espinosa and Guadagno. On appeal from the … failed to properly weight the mitigating and aggravating factors. C) The sentencing court erred in imposing … (App. Div. Oct. 3, 2012) (slip op. at 3), provided limited comments regarding Points I and II, and remanded for …
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… Submitted June 7, 2017 – Decided Before Judges Simonelli and Gooden Brown. On appeal from the … as well as the charges in an unrelated indictment, and to recommend concurrent five-year terms of imprisonment with a … of ineffective assistance, material issues of disputed fact lie outside the record, and resolution of the issues …