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- njcourts.gov… of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition Nos. 2021-2937 and 2021-3701. Christopher Peter Gargano argued the cause for appellant. … is limited. R. 1:36-3. 2 A-2789-21 PER CURIAM In these compensation matters, petitioner Laura Driscoll appeals from …
- njcourts.gov… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY MONMOUTH … in the balance." Id. at 23. Indeed, that point is embodied in Rule 4:73-2, defining the parties to a condemnation … doctrine. That concern, however, is misplaced. Embodied in Rule 4:30A, the entire controversy doctrine provides …
- njcourts.gov… after she informed him he was hurting her, she stated he stopped and went outside to smoke. In the second, more recent … left to smoke a cigarette. Nora explained that she felt uncomfortable during the incident and had trouble falling … like to say to Bill, Nora responded "[f]uck you." After completing Nora's evaluation, a CARES doctor recommended …
- A-2947-23 – STATE OF NEW JERSEY VS. MICHAEL ARENA (23-08-0945, MIDDLESEX COUNTY AND STATEWIDE) Opinionnjcourts.gov… and that he understood the sentence the State would recommend, including its request for the consecutive flat … in order to enter a guilty plea and that nobody had compelled him to waive these rights. Defendant then placed a … at sentencing for a lesser sentence than that which is recommended by the state" and to ask, "that the NERA sentence …
- njcourts.gov… and provide a detailed invoice and explanation of the outcome of the representation. The form also recites the … as it proceeded, or any documentation describing the outcome of the matter. Plaintiff then submitted an invoice to … counsel sent plaintiff a letter stating plaintiff failed to comply with the LPP because it "did not submit any documents …
- njcourts.gov… cure the default. On December 17, 2020, plaintiff filed a complaint in foreclosure, alleging defendant and Davis had … defenses, including lack of standing and failure to comply with Rule 4:64-1(b)(13), specifically that plaintiff did not plead it complied with the requirements of the Fair Foreclosure Act …
- A-2946-22 – ROBERT SHEARRIN VS. NEW JERSEY STATE PAROLE BOARD (NEW JERSEY STATE PAROLE BOARD) Opinionnjcourts.gov… 2007, he was released from prison and parole supervision commenced. In March 2009, Shearrin's parole was revoked for … His parole was continued with an added condition that he complete a drug counseling program. In February 2017, he violated parole by not completing the program. Parole was revoked and he was …
- njcourts.gov… a medical procedure that day. Ibid. Defendant voluntarily accompanied police to headquarters, where he gave a Mirandized … which the claim for relief is based, the legal grounds of complaint asserted, and the particular relief sought." 4 … failed to file a PCR petition, which is tantamount to a complaint and therefore ordinarily included in the appendix …
- njcourts.gov… motion to adjourn the fourth trial date and dismissing his complaint with prejudice for failure to produce an expert … other two orders. I. On July 18, 2018, plaintiff filed a complaint in the Law Division, alleging he suffered physical … treatment in the form of additional diagnostic studies, injections, and possible additional surgery may be …
- A-1090-23 – MICHAEL PICARIELLO VS. BOARD OF TRUSTEES, ETC. (POLICE AND FIREMEN'S RETIREMENT SYSTEM) Opinionnjcourts.gov… based on the test results and charging Picariello with incompetency, inefficiency or 3 A-1090-23 failure to perform … to perform duties, N.J.A.C. 4A:2-2.3(a)(3); conduct unbecoming of a public employee, N.J.A.C. 4A:2-2.3(a)(6); … from his employment with Hudson DOC to the Civil Service Commission (the Commission) and the matter was transmitted …
- njcourts.gov… executed an adjustable rate note to Ameriquest Mortgage Company in the original principal amount of $198,000.00 plus … answer with affirmative defenses in November 2022. After completion of discovery, plaintiff moved for summary … judgment was inappropriate because discovery was not complete. In April 2023, the trial court entered an order …
- njcourts.gov… repeatedly in slow motion. Ibid. The Appellate Division recommended that the Model Criminal Jury Charge Committee consider a model charge to address jury requests … such evidence only appropriate and not undue weight in comparison with the other evidence at trial. Ibid. The Court …
- A-2751-21 – ROBERT J. TRIFFIN VS. 3 GIGIONI, INC. (DC-006465-20, ESSEX COUNTY AND STATEWIDE) Opinionnjcourts.gov… conducting a bench trial, dismissed with prejudice the complaint as to defendants 3 Gigioni Inc. (Gigioni) and … DeMarco, employed Rivera as a line cook and used a payroll company, Paychex, Inc., to 1 In the order, the judge entered … asserted Gigioni's bank had dishonored the check "as a 'Stop Payment' item" and that, pursuant to 5 A-2751-21 …
- A-3682-21 – STATE OF NEW JERSEY VS. BILLY FLAGG (21-07-0661, CUMBERLAND COUNTY AND STATEWIDE) Opinionnjcourts.gov… a single witness at the suppression hearing, Trooper Christopher Wegfahrt of the New Jersey State Police. Trooper … Wegfahrt further testified he "detected the odor of alcohol coming off of [defendant's] breath. At the same time, his … (count one); second- degree possession of a weapon while committing a CDS offense, N.J.S.A. 2C:35-5(b)(3) (count …
- njcourts.gov… followed defendant before effectuating a motor vehicle stop. The exchange was captured by Marchetti's patrol car … "'[t]he New Jersey judiciary is, as a matter of policy, committed to the quick and thorough resolution of DWI … right to a speedy trial by moving to dismiss the pending complaint under R. 3:25-3. He claims no impairment of his …
- A-3608-22 – F.H.R. VS. A.N. (FV-08-0821-23, GLOUCESTER COUNTY AND STATEWIDE) (RECORD IMPOUNDED) Opinionnjcourts.gov… On November 30, 2022, plaintiff filed a domestic violence complaint. She alleged that on February 20, 2022,2 while the … had changed the locks on the marital residence. The complaint also alleged defendant refused to let the parties' … plaintiff from accessing marital bank accounts. The complaint alleged a history of domestic violence, including …
- njcourts.gov… the then-owners, the Mulligans, that they were out of compliance with municipal ordinances regulating property use … space. Any new construction would require this building to comply with the one foot "Freeboard" requirement of the Toms … and Birkhead. Plaintiffs' claims also included an estoppel count and an application for declaratory judgment …
- A-1262-24 – STATE OF NEW JERSEY VS. KING H. JOHNSON (24-02-0054, SALEM COUNTY AND STATEWIDE) Opinionnjcourts.gov… evidence obtained during a pedestrian investigatory stop. We affirm. I. In 2024, a grand jury charged defendant … with: second-degree possession of a weapon during the commission of a controlled dangerous substance (CDS) … to stop and take his hand out of the bag. Defendant complied with those orders, but the officer "noticed that he …
- njcourts.gov… a probability sufficient to undermine confidence in the outcome." Gideon, 244 N.J. at 550-51 (alteration in original) … that "(i) counsel's assistance was not 'within the range of competence demanded of attorneys in criminal cases'; and … a probability sufficient to undermine confidence in the outcome." Strickland, 466 U.S. at 694. The defendant must also …
- njcourts.gov… Gilmore 1 Thomas E. Monahan was originally named in the complaint; however, he has been dismissed from this … amount, interest, and late fees. Gilmore answered the complaint and raised affirmative defenses. In May 2021, … court improperly concluded that Gilmore was collaterally estopped from raising his substantive issues in the Law …