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… Argued April 30, 2019 – Decided May 17, 2019 Before Judges Geiger and Enright. On appeal from Superior … sentence. Having considered his arguments in light of the facts and applicable law, we affirm. Following a jury trial … defendant was found guilty of second-degree conspiracy to commit racketeering, first-degree racketeering, …
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… Argued telephonically May 1, 2019 – Decided Before Judges Nugent, Reisner and Mawla. On appeal from … and terminating her from tenured employment for budgetary reasons. There is no dispute that the Board gave … following language, which explained the reasons for the recommended action: WHEREAS, N.J.S.A. 18A:28-9 provides that a …
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… NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3156-15T4 BART COMMODITIES and GO COFFEE, LLC, Plaintiffs-Appellants, v. … Submitted June 21, 2017 — Decided Before Judges Fuentes and Koblitz. On appeal from Superior … 2015. We apply a plenary standard of review, accepting all facts in the amended complaint as true, to determine whether …
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… Submitted February 15, 2017 – Decided Before Judges Fuentes and Carroll. On appeal from Superior … evidentiary hearing was not necessary because the salient facts undermining his decision to deny defendant's petition … on intoxication would have produced a different outcome at trial is mere speculation. The PCR judge correctly …
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… Argued May 9, 2017 – Decided Before Judges Fisher and Moynihan. On appeal from the Superior … A.C. Defendant contends the trial court failed to make factual findings that defendant intended NOT FOR PUBLICATION … the issuance of the FRO. The judge concluded that defendant committed the predicate act of assault, satisfying the first …
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… Argued September 20, 2017 – Decided Before Judges Fuentes, Koblitz and Suter On appeal from … parking spaces at The Historic Cotswold, A Condominium, a complex in the Borough of Tenafly. We affirm substantially … consisting of the master deed and by-laws, read together, "vest the [b]oard with authority to control the …
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… Submitted September 26, 2017 – Decided Before Judges Fasciale and Sumners. On appeal from Superior … a notice of claim are insufficient to 6 A-0035-16T4 overcome this demanding standard. The judge correctly denied the … a Lopez hearing. "A Lopez hearing is only required when the facts concerning the date of the discovery are in dispute." …
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… Submitted October 24, 2017 – Decided Before Judges Fasciale and Moynihan. On appeal from Superior … 2016 order granting plaintiff's cross-motion to dismiss the complaint with prejudice pursuant to Rule 4:37-1(b); a March … act was not premised upon consideration of all relevant factors, was based upon consideration of irrelevant or …
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… Plaintiff, v. TADROS B. BOULIS and GEICO GENERAL INSURANCE COMPANY, Defendants. ______________________________ MARIA … COMPANY, Defendant. ______________________________ NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … discovery end date" in "Docket No. HUD- L-577-15." In fact, the discovery end date for L-577-15 was January 13, …
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… DHAHABI JEWELRY, LLC, Plaintiff-Appellant, v. KAVVERI TELECOM PRODUCTS LIMITED; QUALITY COMMUNICATIONS SYSTEMS, INC. … Telephonically argued May 1, 2017 – Decided June 1, 2017 Before Judges Lihotz, Hoffman and O'Connor. On appeal from … the record is silent on this issue. In light of these facts, we conclude this matter is interlocutory and must be …
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… OF LABOR, EQUINOX MANAGEMENT GROUP, INC., and STARR COMPANY, Respondents. ________________________________ … Submitted June 19, 2017 – Decided Before Judges Yannotti and Haas. On appeal from Board of … Board thereafter affirmed the Appeal Tribunal's findings of fact, but modified its decision. The Board determined that …
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… Submitted May 23, 2017 – Decided Before Judges Koblitz, Rothstadt and Mayer. On appeal from … we affirm. Defendant was charged in an indictment with committing various sexual assaults upon two of his minor … or any relief. Judge Critchley noted that defendant's factual assertions were unsupported by the record and were …
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… Submitted March 22, 2021 – Decided April 9, 2021 Before Judges Fasciale and Rothstadt. On appeal from the … court's standard of review is de novo as to both the factual inferences drawn by the PCR judge from the record … a probability sufficient to undermine confidence in the outcome." Id. at 694. "[I]f counsel's performance has been so …
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… Submitted February 22, 2021 – Decided March 11, 2021 Before Judges Fasciale and Rothstadt. On appeal from the … jury found defendant guilty of second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2, N.J.S.A. 2C:15-1(a)(2); and … this court's standard of review is de novo as to both the factual inferences drawn by the judge from the record and …
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… Submitted April 28, 2020 – Decided May 12, 2020 Before Judges Gilson and Rose. On appeal from the Superior … of the remaining charges: second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and 2C:15-1; and … N.J.S.A. 2C:29-2(a)(3)(a). After finding the mitigating factors substantially outweighed the aggravating factors, …
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… Submitted April 22, 2020 – Decided May 8, 2020 Before Judges Fuentes and Haas. On appeal from the Superior … granting plaintiff this equitable relief, we reverse. The facts are straightforward and not in dispute. Defendant … and her "buyer's remorse" did not excuse her from complying with the agreement. The court ordered defendant to …
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… DOCKET NO. A-2092-18T2 THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION, f/k/a THE BANK OF NEW YORK … N.A., as successor to JPMORGAN CHASE BANK, N.A., as TRUSTEE for RESIDENTIAL ASSET MORTGAGE PRODUCTS, INC., MORTGAGE … in his certification, Bishop set forth sufficient facts to show that plaintiff possessed the note and had a …
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… Submitted March 3, 2020 - Decided April 9, 2020 Before Judges Accurso and Gilson. On appeal from Superior … unlawful purpose, N.J.S.A. 2C:39-4(a)(2), and the State's recommendation of a three-year prison sentence with one year … an offense in more than ten years when his brother, the target of a firearms trafficking investigation, called to ask …
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… Submitted February 25, 2020 – Decided Before Judges Hoffman and Currier. On appeal from the Superior … OTHERWISE POINT II THE CUMULATIVE EFFECT OF THE ERRORS COMPLAINED OF RENDERED THE TRIAL UNFAIR POINT III DEFENDANT … 3:22-11, a PCR court must "state separately its findings of fact and conclusions of law" regarding the arguments set …
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… Submitted October 26, 2020 – Decided Before Judges Mayer and Susswein. On appeal from the New … the parties. We affirm. In 2018, the Office of the State Comptroller, Medicaid Fraud Division (MFD), investigated … business as a pharmacy in the State of New Jersey. 2 In fact, petitioners had two attorneys at the settlement …