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… Argued September 14, 2021 – Decided September 29, 2021 Before Judges Currier, DeAlmeida, and Smith. On appeal from … The deputy found Taylor's employer informed him of the company policy and that his actions constituted "a willful … In re Warren, 117 N.J. 295, 296-97 (1989). "If the Board's factual findings are supported 'by sufficient credible …
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… Submitted September 13, 2021 – Decided September 21, 2021 Before Judges Fasciale and Sumners. On appeal from the … 2C:24-4(a)(1). He argues: POINT I THE [TRIAL] COURT COMMITTED PLAIN ERROR BY DENYING THE MOTION TO WITHDRAW THE GUILTY PLEA BECAUSE THE FACTUAL BASIS WAS INADEQUATE AS A MATTER OF LAW. POINT II IF …
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… Submitted May 12, 2021 – Decided June 3, 2021 Before Judges Ostrer and Accurso. On appeal from the Superior … to his 2011 conviction of second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1; … we recounted in our prior opinions, defendant was tried together with his younger brother for offenses they allegedly …
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… Argued April 21, 2021 – Decided May 26, 2021 Before Judges Sumners and Mitterhoff. On appeal from the … Gibson argued the cause for appellant (Law Offices of Viscomi & Lyons, attorneys; Colin Gibson, on the briefs). Gregg … WARRANT A NEW TRIAL. 3 A-1366-19 We discern the following facts from the record. At approximately 11:45 a.m. on …
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… ______________________________ DEBORAH FINCH, as executrix for the ESTATE OF RUTH GABEY, Proposed Intervenor/Appellant. … There appears to be no dispute that a year prior to commencing the action, Richard moved out of their Manalapan … 491, 494-95 (Ch. Div. 1976). We have also held that if "the facts justifying [the divorce judgment] were adjudicated …
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… NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0820-20 DREW BRADFORD, Plaintiff-Appellant, v. JENNIFER LEVEY, … of emotional distress (IIED) count of his third amended complaint against defendant Jennifer Levey; and (2) motions … amended complaints. We affirm. We summarize the pertinent facts from the motion record in a light most favorable to …
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… Defendant-Appellant, and PALMERA GROUP LIMITED LIABILITY COMPANY, FIA CARD SERVICES, N.A., and ARTISAN BAKERS GROUP, … Submitted January 24, 2022 – Decided March 7, 2022 Before Judges Accurso and Enright. On appeal from the Superior … must provide notice to the record owner of the property. In fact, Rule 4:65-2 requires "notice of the [sheriff's] sale . …
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… Argued December 14, 2021 – Decided February 17, 2022 Before Judges Currier, DeAlmeida and Smith. On appeal from the New Jersey Civil Service Commission, Docket No. 2020-1030. Darsi Beauchamp, … for reconsideration was merely a reiteration of the facts and arguments she presented to the Commission in her …
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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 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 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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… 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 September 12, 2019 – Decided NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … BUT ADDRESSED THE TERMINATION QUESTION AS APPLIED TO THEM TOGETHER. POINT TWO THE TRIAL COURT ERRED IN FINDING THAT … significant anger control problems. Gordon-Karp could not complete the testing because Rita tore up the testing …
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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 …
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… Submitted October 7, 2019 – Decided Before Judges Sabatino and Natali. On appeal from the Superior … a multi-count indictment with second-degree conspiracy to commit robbery, contrary to N.J.S.A. 2C:5-2 (count one); … were "bald and conclusory" as he failed to allege any facts that established his trial counsel pressured or forced …
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… Argued October 3, 2019 – Decided November 15, 2019 Before Judges Gilson and Rose. On appeal from the Superior … officer sat in his patrol car, he observed another vehicle coming towards his vehicle and then passing by his vehicle. … Law Division judge must independently make his or her own factual findings, rather than determine whether the findings …
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… Submitted November 14, 2019 – Decided Before Judges Alvarez, Nugent and Suter. On appeal from the … INITIO NOVEMBER 02, 2016 ORDER. Judge Pressler addressed a factually similar scenario in Bascom Corporation v. Chase Manhattan Bank, 363 N.J. Super. 334 …