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… Submitted July 18, 2017 – Decided Before Judges Ostrer and Leone. On appeal from the Superior … In this post-judgment matrimonial matter, the trial court compelled defendant and his ex-wife to share equally the … since her prior filings. Also, he noted her personal budget far exceeded her reported income. After a case …
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… Argued October 24, 2017 – Decided Before Judges Sumners and Moynihan. On appeal from Board of … and "Del Valle" in the pleadings and documents that comprise the record. We use the spelling contained in the … of which is the soundest is made by them on the particular facts of the case." 38 N.J. Super. at 171. That is exactly …
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… Submitted January 22, 2019 – Decided Before Judges Sumners and Mitterhoff. On appeal from Superior … against plaintiff.1 We affirm. We recite the relevant facts from the record. Valvano, Kramer, Smith, and Torres … and control the business, affairs, and operations of the Company[.]" 1 Kramer, Smith, and Torres asserted the …
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… Submitted January 15, 2019 – Decided Before Judges Geiger and Firko. On appeal from Superior Court … chronic obstructive pulmonary disease, morbid obesity, complex tachycardia, sepsis, hypotensive shock, and system … ability to present their case was not impaired; in fact we are persuaded this series of events inured to their …
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… Cross-Appellant. Argued January 21, 2021 – Decided Before Judges Alvarez and Sumners. On appeal from the Superior … affirm, based on Judge Kimberly Espinales-Maloney's cogent, comprehensive, and thoughtful written decision. We add the … as a construction project manager. The parties lived together in a marital-type relationship from 2002 to 2016 and …
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… Submitted February 1, 2021 – Decided Before Judges Mayer and Susswein. On appeal from the Superior … his trial counsel failed to present certain mitigating factors during sentencing. Defendant claimed trial counsel … factor. Defendant failed to demonstrate he would never become angry enough to assault someone in the future. Nor was …
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… Submitted February 1, 2021 – Decided February 19, 2021 Before Judges Rothstadt and Mayer. On appeal from the Superior … car. Around 4:00 in the morning, he drove past an active commercial railroad line and saw a car stuck on the railroad … on the railroad tracks." The judge explained, "Putting together the circumstances, the unusual situation, . . . [the] …
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… Argued February 26, 2020 – Decided Before Judges Fuentes, Mayer, and Enright. On appeal from the … the property to operate an industrial facility, and did not comply with the requirements of the Industrial Site Recovery … in his well-reasoned memorandum of opinion. The following facts are not contested. Although Emerald listed the …
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… OF NEW YORK MELLON f/k/a THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF THE CWABS, INC. ASSET BACKED … are the subject of defendant's appeal. We summarize the facts relevant to defendant's appeal from the March 18, 2020 … where defendant resided. The Bank filed a foreclosure complaint, and defendant answered. Subsequently, defendant …
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… Submitted January 21, 2020 – Decided Before Judges Messano and Ostrer. On appeal from the Superior … loan went into default in July 2012, and plaintiff filed a complaint in foreclosure against defendant and her husband, … lending claims were not based on "recently discovered" facts because "all of the documents to which they refer[red] …
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… Submitted March 16, 2020 – Decided April 20, 2020 Before Judges Fasciale and Rothstadt. On appeal from the … BELOW). POINT II 1 Plaintiff's point headings list the factors enumerated in N.J.S.A. 2A:34- 23(j)(3). … RAISED BELOW). POINT III (C) THE AGE WHEN THE OBLIGOR BECOMES ELIGIBLE FOR RETIREMENT AT OBLIGOR'S PLACE OF …
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… Submitted March 31, 2020 – Decided April 24, 2020 Before Judges Gilson and Rose. On appeal from the Superior … In exchange for defendant's guilty plea, the State recommended a noncustodial probationary term consistent with … State v. Peters, 129 N.J. 210 (1992), which shared similar fact patterns. In both cases, the defendants pled guilty to …
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… Argued on September 22, 2020 – Decided Before Judges Gilson and Moynihan. On appeal from the Superior … . . . [a] judge's legal determinations," and, as here, "are compelled to reverse when the judge does not apply the … then "entitled to a plenary hearing as to disputed material facts regarding the child's best interests, and whether …
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… Argued October 15, 2020 – Decided Before Judges Alvarez, Sumners, and Geiger. On appeal from the … 23, 2018, the New Jersey State Police Superintendent recommended Campbell for promotion. The Attorney General, … language limits his ability to deny a promotion for only budgetary considerations . We consider the argument to be so …
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… Submitted April 30, 2020 – Decided July 15, 2020 Before Judges Alvarez and Suter. On appeal from the Superior … Indictment No. 10-09-1016. Robert Hillis McGuigan, attorney for appellant. Fredric M. Knapp, Morris County Prosecutor, … represented that no plea offer was made to him, when in fact it was, but he was uncounseled regarding whether to …
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… telephonically July 28, 2020 – Decided August 12, 2020 Before Judges Sumners and Mayer. On appeal from the Superior … 2018, the Red Bank code enforcement officer issued seven complaints for code violations at defendant's property. The … as demolishing an unsafe structure or mowing overgrown vegetation, and placing a lien against the property for …
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… Submitted October 14, 2020 – Decided Before Judges Fisher and Moynihan. On appeal from the Superior … IN DENYING DEFENDANT AN EVIDENTIARY HEARING. Reviewing the factual inferences drawn by the trial court and its legal … v. Blake, 444 N.J. Super. 285, 294 (App. Div. 2016), we are compelled to reverse and remand this matter for an …
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… Submitted October 3, 2019 – Decided Before Judges Fuentes, Mayer and Enright. On appeal from the … for the reasons set forth in Judge William R. DeLorenzo's comprehensive and thoughtful decision. We will not recite in … and his mother. Instead, we incorporate by reference the factual findings and legal conclusions contained in Judge …
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… Submitted October 3, 2019 – Decided Before Judges Fuentes and Enright. On appeal from the Superior … Board revoked defendant's parole on June 16, 2016, and he completed serving his original sentence without parole on … but did not disturb the holding in Black. Id. at 42-43. In fact, the Hernandez Court specifically noted that the …
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… Submitted December 2, 2019 – Decided Before Judges Messano, Ostrer and Vernoia. NOT FOR PUBLICATION … physicians and two nurses in his pro se medical negligence complaint before the limitation periods for his wrongful … of the same pleading." R. 1:4-3. Reading the two rules together, we are satisfied that a party may, in lieu of …