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… Argued February 12, 2020 – Decided March 10, 2020 Before Judges Koblitz, Whipple and Gooden Brown. On appeal from the New Jersey Commissioner of Education, Docket No. 60-3/17. Marc Howard … and (3) whether in applying the legislative policies to the facts, the agency clearly erred in reaching a conclusion …
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… telephonically March 25, 2020 – Decided April 28, 2020 Before Judges Fuentes, Mayer and Enright. On appeal from the … a June 15, 2019 order, the motion judge denied a motion to compel arbitration filed by defendant Sky Zone Lakewood.1 We … provision. By reading these provisions 7 A-5064-18T4 together, the judge concluded gross negligence on the part of …
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… Submitted January 23, 2020 – Decided Before Judges Fuentes, Mayer and Enright. On appeal from the … counterclaimed against plaintiff, and filed a third-party complaint against Hays in September 2018. 3 A-3442-18T2 On … or memorandum decision, either written or oral, find the facts and state its conclusions of law thereon . . . on …
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… Submitted January 30, 2020 – Decided Before Judges Suter and DeAlmeida. On appeal from the Superior … In sentencing defendant, the trial court found aggravating factor nine,2 the need to deter. It also found mitigating … his sentence. He certified he was active in his church and community, and never had any involvement in the criminal …
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… Submitted September 16, 2020 – Decided Before Judges Whipple and Firko. On appeal from the Superior … He also appeals from the concurrent denial of his motion to compel DNA testing of certain crime scene evidence. We … AS IT RELATES TO THE MOTION FOR RECUSAL. 3 A-5690-18T4 The facts underlying defendant's conviction for the victim's …
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… Submitted October 26, 2020 – Decided Before Judges Fasciale and Susswein. On appeal from Superior … No. L-0921-19. Richard Greisberg, appellant pro se. Giblin, Combs, Schwartz, Cunningham & Scarpa, attorneys for … argues that defendant failed to communicate "non-medical" facts before and after the surgery, including the risks …
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… Submitted September 30, 2020 – Decided Before Judges Gilson and Moynihan. NOT FOR PUBLICATION WITHOUT … A-1157-19T3 (2007), and according deference to the judge's fact-finding "[b]ecause of the family courts' special … decision substantially for the reasons set forth in his comprehensive fifty-six-page written opinion. Arguing …
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… telephonically April 20, 2020 – Decided July 7, 2020 Before Judges Ostrer, Vernoia and Susswein. On appeal from the … at the stores the informant said defendant liked to target, including particular supermarkets in Cherry Hill, … N.J.S.A. 2C:20-7(a); third-degree fencing and conspiracy to commit fencing, N.J.S.A. 2C:20-7.1(b), N.J.S.A. 2C:5-2; and …
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… Court June 11, 2020. Resubmitted June 12, 2020 – Decided Before Judges Koblitz, Ostrer and Mayer. On appeal from the … to defendant's guilty plea, the court conducted a three-day competency hearing. The court determined defendant was … hearing sentenced defendant, finding that aggravating factors one, two, three, and nine applied. N.J.S.A. …
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… Argued telephonically June 2, 2020 – Decided July 2, 2020 Before Judges Accurso and Rose. On appeal from the Superior … in denying plaintiff Darrin Yohe's motion to amend his complaint, after the running of the statute of limitations, … of action on summary judgment. Accordingly, we reverse. The facts are straightforward and easily summarized. Plaintiff …
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… Submitted January 11, 2021 – Decided Before Judges Gooden Brown and DeAlmeida. On appeal from the … murder and related offenses. We affirm. I. The following facts are derived from the record. In 1999, defendant was … that admission of this evidence would have changed the outcome of his trial because if presented with this evidence …
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… Submitted November 17, 2020 – Decided February 3, 2021 Before Judges Gilson and Moynihan. On appeal from the Superior … CHARGES, AND 2. HE DID NOT UNDERSTAND NOR PROVIDE A FULL FACTUAL BASIS FOR THE CHARGES. POINT II DEFENDANT'S GUILTY … the law. His argument that the plea court failed to comply with Rule 3:9-2 requires an analysis discrete from …
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… Argued October 29, 2019 – Decided Before Judges Ostrer and Vernoia. On appeal from the Superior … of the court was delivered by OSTRER, J.A.D. This is a commercial foreclosure case. Defendant-mortgagor 769 … 4:5-4 requires, by a separate and specific statement of facts. 5 A-2100-18T4 "The only material issues in a …
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… FINANCIAL G, LLC, STATE OF NEW JERSEY, and HYEYEON YUN, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … legal principles, we affirm. I. We discern the following facts from the record. On March 1, 2006, defendant executed … on February 24, 2011. On April 8, 2011, plaintiff filed a complaint in foreclosure against defendant and Yun, and …
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… Argued October 17, 2019 – Decided Before Judges Haas and Enright. On appeal from the Board of … we overturn an agency decision merely because we would have come to a 3 A-5313-17T3 different conclusion. In re … of a public employee's pension is governed by the factors enumerated by our Supreme Court in Uricoli v. Police …
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… Submitted October 3, 2019 – Decided October 16, 2019 Before Judges Fuentes, Mayer and Enright. On appeal from the … on the record. Subsequently, plaintiff filed a Verified Complaint and Order to Show Cause in the Law Division, … The record makes clear the arbitrator considered many factors when fixing an award for pain and suffering, even if …
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… Submitted May 29, 2019 – Decided Before Judges Suter and Geiger. On appeal from the New Jersey Civil Service Commission, Docket Nos. 2015-3158, 2016-3249 and 2016-3197. … not appropriate for the infractions, was contrary to the facts found by the ALJ and did not accord with the law of …
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… Submitted December 11, 2019 – Decided Before Judges Mayer and Enright. On appeal from the Superior … appeals from an April 12, 2019 order dismissing her complaint with prejudice and compelling arbitration. We … the following language: MY SIGNATURE BELOW ATTESTS TO THE FACT THAT I HAVE READ, UNDERSTAND, AND AGREE TO BE LEGALLY …
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… Submitted October 17, 2019 – Decided Before Judges Whipple and Mawla. On appeal from the Board of … However, after reviewing her assertions and relying on the fact that the children's mother never lived with Moore on a … that an individual is not eligible for unemployment compensation unless the individual "is able to work, and is …
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… Submitted September 12, 2019 – Decided Before Judges Nugent and Suter. On appeal from the Superior … amount due and owing. He asserts plaintiff's foreclosure complaint was filed beyond the applicable statute of … or on behalf of the plaintiff, that such advances were, in fact, made." These included substantial amounts advanced for …