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- A-0109-16T2 Opinionnjcourts.gov… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0109-16T2 STATE OF NEW JERSEY, … by [its] opportunity to hear and see the witnesses and to have the 'feel' of the case." Id. at 244 (quoting State v. … a weapon is not only found on a person but is utilized, we have a policy of not granting a Graves waiver. That would …
- A-1224-16T1 Opinionnjcourts.gov… RECORD IMPOUNDED SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1224-16T1 NEW JERSEY DIVISION OF CHILD … family court judge 's special expertise and opportunity to have observed the witnesses firsthand and evaluate their … the judge "went so wide of the mark that a mistake must have been made." M.M., 189 N.J. at 279 (first quoting In re …
- A-5568-15T3 Opinionnjcourts.gov… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-5568-15T3 CHRISTOPHER WILLIAMS, … plaintiff the power to "deal with any interest [Field] may have in this real property and sign all documents on … to remove the tenants at this point, we're just looking to have the money released. That's -- that's why we're here . . …
- A-6010-17T1 Opinionnjcourts.gov… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-6010-17T1 STATE OF NEW JERSEY, … decision on appeal, stating, "Simply put, the court did not have the authority to effect a reinstatement of the bail … it located Victoriano in the Dominican Republic and could have returned him to New Jersey, but for the failure to …
- A-4757-17T4 Opinionnjcourts.gov… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4757-17T4 CARRINGTON MORTGAGE SERVICES, … the Cintulas' counterclaims. Mary Lu knew of and should have investigated the loan modification when her husband … to pay the full amount owed [under the note]." Sureties have several defenses to enforcement of the underlying …
- A-3669-17T3 Opinionnjcourts.gov… RECORD IMPOUNDED SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3669-17T3 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY, … principles. We recognize that parents inherently "have a constitutional right to raise their children." N.J. …
- A-3659-18T3 Opinionnjcourts.gov… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3659-18T3 JOHN FITZPATRICK, … or zoning regulations. Cohen's general principles have withstood the test of time, but plaintiff overlooks the … different circumstances, i.e., the denial of a variance, we have traditionally accorded even greater deference to the …
- A-4330-17T1 Opinionnjcourts.gov… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4330-17T1 KENNETH ZAHL, … request to enter default. In other words, plaintiff did not have to schedule a proof hearing, and, indeed, as we … discovery prior to the proof hearing, the judge should have restored their pleading and not entered default …
- A-3481-17T1 Opinionnjcourts.gov… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3481-17T1 THE ORCHARDS AT BARTLEY … Viewing the complaint liberally, Mr. Schleck's conduct may have been intended to benefit Mr. Schleck and to injure … of the claim for breach of fiduciary duty. To the extent we have not addressed any remaining issues, we find they lack …
- A-1169-17T2 Opinionnjcourts.gov… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1169-17T2 JOHN and MARY SCHEIBELHOFFER, … side yard setbacks by the awning/canopy and hot tub will have a detrimental effect on neighboring properties." The … for a nonresidential use in a residential zone may have some tendency to impair residential character, utility …
- A-4329-17T4 Opinionnjcourts.gov… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4329-17T4 STATE OF NEW JERSEY, … must "determine whether the findings made could reasonably have been reached on sufficient credible evidence present in … defendant's argument that a judgment of acquittal should have been granted by the municipal court judge at the close …
- A-3653-18T1 Opinionnjcourts.gov… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3653-18T1 STATE OF NEW JERSEY, … and ordered to pay all applicable fines and penalties. We have carefully reviewed the record in view of the governing … defendant's contention her prior DUI convictions "should have been of no moment in the prosecutor's PTI analysis."1 …
- A-0332-18T3 Opinionnjcourts.gov… RECORD IMPOUNDED SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0332-18T3 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY, … negligence" constitutes abuse or neglect). To the extent we have not addressed any of defendant's remaining arguments, …
- A-5690-17T4 Opinionnjcourts.gov… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-5690-17T4 STATE OF NEW JERSEY, … (quoting State v. Afanador, 151 N.J. 41, 52 (1997)). We have held that when a first PCR petition is filed more than … 10 A-5690-17T4 counsel's errors, [the defendant] would not have pled guilty and would have insisted on going to trial." …
- A-4726-14T1 Opinionnjcourts.gov… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4726-14T1 JEFF CARTER, Appellant, v. … fees as a "catalyst." He also argues the GRC should have referred the matter to the Office of Administrative Law … records may be responsive to a request, the custodian would have no legal duty to conduct research to locate records …
- A-0403-16T4 Opinionnjcourts.gov… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0403-16T4 E.T., Petitioner-Appellant, v. … new application where applicable. Every application must have a disposition regarding eligibility within these new … decision approving his November Medicaid application should have been retroactive to August 6. 12 A-0403-16T4 This …
- A-4578-15T2 Opinionnjcourts.gov… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4578-15T2 MADISON MONE, … [DEFENSE COUNSEL:] Did your coach ever instruct you did not have to wear equipment when you warmed up a softball pitcher … summary judgment raise credibility issues that should have resulted in the denial of their motion. There is no …
- A-1667-15T3 Opinionnjcourts.gov… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1667-15T3 U.S. BANK NATIONAL … provide strong support for her position. However, as we have stated, we are not bound by opinions from other … that "a mortgagor whose loan is owned by a trust, does not have standing to challenge the plaintiff's possession or …
- A-0789-15T1 Opinionnjcourts.gov… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0789-15T1 STATE OF NEW JERSEY, … INEFFECTIVE ASSISTANCE OF TRIAL COUNSEL. 7 A-0789-15T1 We have thoroughly reviewed the record and conclude that … unprofessional errors, the result of the proceeding would have been different." Id. at 694, 104 S. Ct. at 2068, 80 L. …
- A-0748-15T2/A-1831-17T2 Opinionnjcourts.gov… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0748-15T2 A-1831-17T2 PATRICIA … the enforcement litigation. That said, the court should not have entered the November 16 order denying the LLC's request … nor two of its members, Marie and Joseph, the court did not have the authority to appoint a receiver to collect its …