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… Submitted May 24, 2018 – Decided July 9, 2018 Before Judges Mayer and Mitterhoff. On appeal from Superior … of first- degree aggravated sexual assault during the commission of a crime, N.J.S.A. 2C:14-2(a)(3); three counts … whether defendant's extreme intoxication was a mitigating factor during sentencing. The trial court denied defendant's …
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… in its individual capacity but solely as indenture trustee for GREENPOINT HOME EQUITY LOAN TRUST SERIES 2004-1, … plaintiff Bank of New York Mellon's (Mellon) foreclosure complaint; a June 24, 2016 order granting Mellon's motion … A mortgagor opposing summary judgment has a duty to present facts controverting the mortgagee's prima facie case. …
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… Submitted June 5, 2018 – Decided July 6, 2018 Before Judges Hoffman and Gilson. On appeal from Superior … Adult Diagnostic Treatment Center, but found not to be a compulsive sex offender within the purview of the Sex … Judge Wells in his thorough and well-reasoned opinion. The factual findings by Judge Wells are supported by substantial …
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… Submitted October 31, 2018 – Decided Before Judges Fuentes and Moynihan. On appeal from the Board … 130, 134 (App. Div. 2015) (quoting In re Election Law Enf't Comm'n Advisory Op. No. 01-2008, 201 N.J. 254, 262 (2010)). … N.J. Super. 25, 36 (App. Div. 2007)). We briefly review the facts pertinent to this appeal. In three separate …
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… ARTS AND SCIENCE CHARTER SCHOOL, KEARNY, NEW JERSEY REQUEST FOR CHARTER AMENDMENT, and DEPARTMENT OF EDUCATION, … Judges Messano and Accurso. On appeal from the New Jersey Commissioner of Education. Sciarrillo, Cornell, Merlino, … "seriously 4 A-0335-18 underfunded" district, and new budget figures required it "to earmark more than 1.5 million …
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… Submitted April 5, 2022 – Decided June 28, 2022 Before Judges Fisher and DeAlmeida. On appeal from the … acquisition of a firearm, second-degree conspiracy to commit robbery, and second-degree conspiracy to commit … others in a plan to commit a robbery or burglary of a targeted victim. Shortly after defendant and his …
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… Submitted May 10, 2022 – Decided June 15, 2022 Before Judges Fisher and Currier. On appeal from the Superior … certain consequences under Megan's Law, one of which was "community supervision for life." The prosecutor corrected … non- custodial probationary terms on each offense, to run together. During the hearing, the court and both counsel …
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… Submitted March 24, 2022 – Decided April 21, 2022 Before Judges Mawla and Mitterhoff. On appeal from the … the welfare of a child, N.J.S.A. 2C:24-4(a). The factual record is detailed in our opinion affirming … On July 20, 2020, the PCR judge issued an order and accompanying written opinion denying defendant's petition …
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… NOT FOR PUBICATION WITHOUT THE APPROVAL OF THE APPELLATE … On April 19, 2016, plaintiff Tashicka Hayes filed a civil complaint against defendant Turnersville Chrysler Jeep … is uncontroverted with respect to the following dispositive facts. On June 21, 2016, defendant filed a motion to enforce …
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… Submitted January 11, 2021 – Decided Before Judges Mayer and Susswein. On appeal from the Superior … struggle with substance abuse. The judge found aggravating factors three, six, and nine were applicable. N.J.S.A. … in his oral decision. We add only the following brief comments. Defendant claimed his trial attorney was …
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… Submitted December 1, 2020 – Decided Before Judges Fisher and Gilson. On appeal from the Board of … work. N.J.S.A. 43:21-5(a). We affirm. Claimant worked as a compliance auditor and fiscal analyst for Apidel … 137 N.J. 8, 27 (1994)). Furthermore, "'[i]n reviewing the factual findings made in an unemployment compensation …
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… Submitted November 5, 2020 – Decided Before Judges Fuentes and Whipple. On appeal from the Superior … in the November 9 order. After recounting the salient factual and procedural history, Judge Patricia Carney wrote: … served Rabbi Epstein with [d]emands for [a]dmissions in a companion civil case for tort and civil damages, but Rabbi …
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… Submitted February 24, 2021 – Decided March 26, 2021 Before Judges Fuentes and Firko. On appeal from the Superior … sentence. The record shows that on June 27, 2010, defendant committed a robbery while armed with a wrench at the Grain … 459 (citations omitted). "To sustain that burden, specific facts" that "provide the court with an adequate basis on …
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… Submitted May 27, 2020 – Decided July 10, 2020 Before Judges Gilson and Rose. On appeal from the Superior … to us by defendant is limited, but the relevant material facts are indisputable. The parties were married in August … 2019 to change where the daughter would go to school and to compel where the daughter would attend summer camp. …
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… Argued telephonically May 13, 2020 – Decided June 3, 2020 Before Judges Fuentes, Mayer and Enright. On appeal from the … on the claims submitted. [N.J.S.A. 2A:23B-24(a).] Absent compelling public policy reasons, an arbitrator's errors of law or fact do not provide a trial court with a basis to disturb …
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… v. ENVIRO/CONSULTANTS GROUP, LTD, THOMAS J.P. HUGUES, COMMONWEALTH CAPITAL, LLC, and KEYSTONE BUSINESS CREDIT, … Argued February 1, 2022 – Decided February 14, 2022 Before Judges Fisher and DeAlmeida. NOT FOR PUBLICATION … erroneously utilized to dismiss the action. We agree the factual record is simply too murky to warrant entry of …
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… Submitted December 16, 2019 – Decided Before Judges Fasciale and Rothstadt. On appeal from the … COURT ABUSED ITS DISCRETION BY FAILING TO CONSIDER THE FOUR FACTORS ANNOUNCED IN STATE V. SLATER, 198 N.J. 145 (2009). … motion court in its order. We only add the following brief comments. Rule 3:21-1 provides that a motion to withdraw a …
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… Submitted March 17, 2020 – Decided April 1, 2020 Before Judges Fisher and Accurso. On appeal from the Superior … on property then owned by defendants in New Milford, commenced this foreclosure action in October 2017. After … ex rel. USDA v. Scurry, 193 N.J. 492, 505-07 (2008). In fact, in light of the last-minute motion for reconsideration …
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… Submitted January 7, 2020 – Decided Before Judges Yannotti and Firko. On appeal from the Superior … 157 N.J. 463, 470-71 (1999). The rule of deference is more compelling where, as here, both judges made concurrent … should not undertake to alter concurrent findings of facts and credibility determinations made by two lower …
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… Submitted December 9, 2019 – Decided Before Judges Fasciale and Moynihan. On appeal from the … ABOUT DEFENDANT'S ABSENCE AFTER SHE WAS INSTRUCTED NOT TO COME TO COURT. POINT II THE [JUDGE] NEVER TOOK THE TIME TO … the parties were notified there would be oral argument. In fact, the transcript containing the judge's oral decision …