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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 …
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… Submitted September 13, 2018 – Decided Before Judges Fisher and Suter. On appeal from Superior Court … 10-03-0660. Joseph E. Krakora, Public Defender, attorney for appellant (William Welaj, Designated Counsel, on the … he also asserted that the prosecutor misrepresented the facts in his summation and mischaracterized defendant's …
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… Submitted May 13, 2019 – Decided May 22, 2019 Before Judges Sabatino and Sumners. On appeal from Superior … motion for reconsideration. This letter focused on the fact that when the court resentenced defendant in November … State v. Randolph, 210 N.J. 330, 350 (2012). Defendant also complains that Judge Delaney did not address his assertion …
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… Argued June 9, 2022 – Decided June 27, 2022 Before Judges Haas and Alvarez. On appeal from the Superior … E. Munson argued the cause for respondent (Lomurro, Munson, Comer, Brown & Schottland, LLC, attorneys; Bettina E. … Based on her credibility rulings and findings of fact, the judge concluded defendant committed three …
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… Submitted October 15, 2020 – Decided Before Judges Ostrer and Accurso. On appeal from the Superior … challenges his conviction of second-degree conspiracy to commit robbery, N.J.S.A. 2C:5–2, N.J.S.A. 2C:15–1(a), … client. POINT II AS THERE WAS A GENUINE DISPUTE OF MATERIAL FACT, AN EVIDENTIARY HEARING WAS REQUIRED. To prevail on a …
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… Submitted October 15, 2020 – Decided Before Judges Whipple and Rose. On appeal from the Superior … a March 12, 2019, trial court order denying his motions to compel discovery, for removal to federal court, to NOT FOR … any ineffective assistance claims against your attorney. In fact, your first PCR made several allegations of ineffective …
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… Submitted May 28, 2020 – Decided June 23, 2020 Before Judges Koblitz and Whipple. On appeal from the New … FET. The panel denied parole for the following reasons: facts and circumstances of Drury's offense; prior offense … prior incarcerations failed to deter criminal behavior; commission of numerous persistent institutional disciplinary …
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… Submitted May 28, 2020 – Decided June 15, 2020 Before Judges Alvarez and Suter. On appeal from the Superior … MATTER OF THE EXTENDED TERM, AND AN OPPORTUNITY TO MAKE A COMPLETE RECORD OF THE PROCEEDING VIOLATED APPELLANT'S SIXTH … sentence has been repeatedly considered, in addition to the fact the arguments lacked any inherent merit. 5 A-5329-18T4 …
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… Submitted March 17, 2020 – Decided May 15, 2020 Before Judges Currier and Firko. On appeal from the New Jersey … days administrative segregation, and sixty days loss of commutation time. On remand, the hearing officer re-imposed … to [appellant]. [There was] [n]o misinterpretation of the facts." The assistant superintendent also noted that …
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… Submitted February 25, 2020 – Decided March 6, 2020 Before Judges Fisher and Rose. On appeal from the Superior … that he removed a file, which included their children's passports and birth certificates. He claimed that he so acted … mischief or that he had stalked Olivia, but he found Alan committed the predicate act of harassment as defined by …