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… Argued September 13, 2017 – Decided Before Judges Fuentes, Koblitz and Suter. On appeal from … disconcerting in several respects. J.L. was prevented from completing his testimony about how he spent the money he … food stamps. He paid $150 to his mother. We can find that fact as well. We all agreed on it. She also went off the …
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… DOCKET NO. A-1828-16T4 DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for the Registered Holder of Morgan Stanley Home Equity Loan … offer mistakenly used his wife's entire income despite the fact that she is a non-borrower. He contends the first two …
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… Submitted January 7, 2019 – Decided January 30, 2019 Before Judges Sumners and Mitterhoff. On appeal from Superior … of foreclosure and dismiss plaintiff Ditech Financial LLC's complaint. We affirm. We briefly recite the relevant facts and procedural history. On August 6, 2007, defendant …
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… Submitted May 9, 2017 – Decided Before Judges Rothstadt and Sumners. On appeal from Superior … OFFENSE MUST BE DISMISSED. Our review of the trial court's factual findings is limited to whether the conclusions of … 157 N.J. 463, 471 (1999). The rule of deference is more compelling where, such as here, the municipal and Law …
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… Submitted July 12, 2017 – Decided July 24, 2017 Before Judge Simonelli and Carroll. On appeal from the … court improperly balanced the aggravating and mitigating factors. The Supreme Court denied certification. State v. … opinion. R. 2:11-3(e)(2). We add only the following limited comments. In his written opinion, Judge Sules noted that …
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… Submitted February 14, 2017 – Decided Before Judges Koblitz and Rothstadt. On appeal from Superior … State's evidence proved beyond a reasonable doubt that I.T. committed the charged act. The hearing officer recommended … to allow for a one-year POA. The order of disposition 1 The facts surrounding the theft are not germane to our …
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… APPELLATE DIVISION DOCKET NO. A-0381-15T4 MOHAMED ALI, Complainant-Appellant, v. DON'S BFF, LLC, d/b/a DON'S BURGER … Submitted December 14, 2016 – Decided Before Judges Alvarez and Accurso. On appeal from the Division … DCR "adopt[ed] and incorporate[d] by reference the ALJ's factual findings and conclusions of law, the award of …
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… _________________________ Argued March 21, 2017 — Decided Before Judges Koblitz and Rothstadt. On appeal from Superior … care has precipitated the permanent decline of his income from $150,000 in 2006 to $36,000 in 2014 because it … to modify child support, we examine whether, given the facts, the trial judge abused his or her discretion." J.B. …
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… Submitted April 3, 2017 – Decided Before Judges Haas and Currier. On appeal from the Superior … and failed to object to the prosecutor's improper comments in summation. Because we find that defendant has … theory. Counsel's trial strategy is supported by the facts presented in the record and her trial performance was …
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… Submitted April 25, 2017 – Decided Before Judges Rothstadt and Mayer. On appeal from Superior … the Law Division's September 30, 2015 order dismissing his complaint against defendant, Barbara Epstein, also known as … Mart, supra, 116 N.J. at 746. Rather, we accept the factual allegations as true, Sickles, supra, 379 N.J. Super. …
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… Submitted May 10, 2017 – Decided Before Judges Alvarez and Manahan. On appeal from Superior … which fees were incurred to enforce existing orders or to compel discovery; and (9) any other factor bearing on the fairness of an award. One purpose of …
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… Submitted March 8, 2017 – Decided March 9, 20172 Before Judges Reisner and Rothstadt. On appeal from the … trial court's response to discovery issues should seek to accommodate both interests. See N.J.S.A. 2A:162-15. Hence, we … prior history of failing to appear for court events and the fact that, at the time of this alleged assault, he had a …
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… NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLELY AS TRUSTEE FOR THE RMAC TRUST, SERIES 2012-5T, Plaintiff-Respondent, v. … in support of his application are not based in law or fact. Second, they are untimely. We deem defendant's … THE CHANCERY COURT ERRED AS A MATTER OF LAW BY ALLOWING A COMPLAINT VERIFIED ONLY UNDER THE PLAIN[TIFF'S] ATTORNEY …
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… Submitted September 14, 2017 – Decided Before Judges Simonelli and Gooden Brown. On appeal from … defendants failed to cure, CitiMortgage filed a foreclosure complaint on February 27, 2014. At that time, CitiMortgage … plaintiff had standing to foreclose by virtue of the fact that it had both possession of the note and assignment …
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… Submitted November 2, 2017 – Decided Before Judges Haas and Rothstadt. On appeal from Superior … to their] use of binoculars." We disagree and affirm. The facts leading to defendant's arrest and the discovery of the … In exchange for the guilty plea, the State agreed to recommend a sentence of time served with the condition that …
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… Submitted December 19, 2017 – Decided Before Judges Fisher and Sumners. On appeal from Superior … symptoms that suggested schizophrenia. The Division commenced this Title Nine action, Mary was admitted to a … that procedural misstep, the experienced judge's factual findings clearly provided a concrete basis for the …
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… Submitted February 14, 2018 — Decided Before Judges Koblitz and Manahan. On appeal from Superior … 16- 01-0056. Joseph E. Krakora, Public Defender, attorney for appellant (Tamar Y. Lerer, Assistant Deputy Public … "a police officer's objectively reasonable mistake of fact does not render a search or arrest unconstitutional." …
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… Submitted December 20, 2017 – Decided Before Judges Fuentes and Manahan. On appeal from Superior … PCR. In April 2016, following argument, Judge Peim filed a comprehensive written opinion denying defendant PCR relief. … burden, the defendant must allege and articulate specific facts, which "provide the court with an adequate basis on …
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… Submitted January 22, 2018 – Decided Before Judges Sabatino and Whipple. On appeal from Superior … State responded to this letter by making any plea offer. In fact, the issuance of such an offer was unlikely because … Preciose, 129 N.J. 451, 462-63 (1992). There is simply no competent evidence in the record indicating that the State …
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… MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for FREEDOM MORTGAGE CORPORATION, P & N MECHANICAL, INC., … based upon a mortgage given by defendants to secure a commercial loan made to Michael.1 Defendants appeal from the … Cleary in her April 29, 2016 oral decision. The salient facts are undisputed and are summarized as follows. In …