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… Submitted February 16, 2017 – Decided Before Judges Hoffman and Whipple. On appeal from Superior … in that amount. Plaintiff arrived at this amount by combining the amount of a New York judgment, $15,511, with … the court order of January 8, 2015 lumped all the arrears together." The trial judge cited the January 8, 2015 order, …
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… Submitted May 8, 2017 – Decided May 24, 2017 Before Judges Nugent and Currier. On appeal from Superior … possession of heroin in exchange for the State recommending a non-custodial sentence and dismissing the … expectation of privacy in the basement "based on the fact that [they all] had access to" the items stored …
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… Submitted March 30, 2017 – Decided Before Judges Hoffman and Whipple. On appeal from New Jersey Civil Service Commission, Docket No. 2015-1813. Fusco & Macaluso Partners, … (3) "whether in applying the legislative policies to the facts, the agency clearly erred in reaching a conclusion …
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… APPEAL. Argued May 16, 2017 – Decided June 9, 2017 Before Judges Reisner and Mayer. On appeal from the New Jersey … in the State with the lowest median annual household income according to the most recent census data, shall be … proper because N.J.S.A. 26:2H-18.59i(b)(3) must be read together with the Appropriations Act to effectuate legislative …
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… Defendant-Appellant. Argued January 22, 2018 - Decided Before Judges Sabatino, Ostrer and Rose. On appeal from … reverse and vacate defendant's conviction. I. We glean the facts and procedural history pertinent to this appeal from the record. Following the completion of a sentence served at the Adult Diagnostic and …
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… Submitted September 11, 2017 – Decided Before Judges Sabatino and Ostrer. On appeal from Superior … Servs., 204 N.J. 320, 330 (2010). We consider whether "the competent evidential materials presented, when viewed in the … the non-moving party, are sufficient to permit a rational factfinder to resolve the alleged disputed issue in favor of …
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… Argued December 20, 2017 – Decided Before Judges Fuentes, Koblitz and Manahan. On appeal from … February 16, 2018 2 A-0441-16T1 Having considered the factual record and after application of controlling law, we … a principal of Soriano, Henkel, Biehl & Matthews, PC, to commence the probate of decedent's estate. In furtherance of …
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… Defendants-Appellants. Argued January 23, 2018 – Decided Before Judges Carroll and Leone. On appeal from Superior Court … defendants deny receiving. Plaintiff filed a foreclosure complaint on March 8, 2013. Defendants were served with the … not provide defendants with a basis for relief under the facts presented. As noted, subsection (f) permits a judge to …
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… Argued December 7, 2017 – Decided Before Judges Simonelli, Haas and Rothstadt. On appeal from … Cesare, 154 N.J. 394, 413 (1998). The pertinent findings of fact were set forth in detail in Judge Hubner's … and mental health issues, she failed to successfully complete any programs, repeatedly relapsed and overdosed, …
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… Submitted October 17, 2017 – Decided Before Judges Reisner and Gilson. On appeal from Superior … A POTENTIAL MISUNDERSTANDING OF BOTH CONSPIRACY AND ACCOMPLICE LIABILITY – PARTICULARLY THE NOTION OF "MERE … we affirm the conviction and the sentence. I Defendant, together with co-defendants Alveiro Bravo, and Juan M. …
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… Argued December 4, 2017 – Decided Before Judges Sabatino, Ostrer and Whipple. On appeal from … by the motion judge. We summarize and consider the factual record in a light most favorable to plaintiff. R. … The downspouts channel rain water and snowmelt into the common alleyway between defendants' two buildings, and also …
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… Argued February 14, 2018 – Decided Before Judges Koblitz and Manahan. On appeal from Superior … award of counsel fees in May 2014 was due to defendant's noncompliance with the court order providing for discovery. As … In determining the fee award, the judge must address the factors set forth in Rule 5:3-5(c): (1) the financial …
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… Submitted March 14, 2018 - Decided Before Judges Fuentes and Koblitz. On appeal from Superior … received a call from a patrolman who stated a woman had come into the police station and reported that a neighbor, … [because] they are the ones [who] will be the trier of fact in a jury trial. By defendant's own admission, he put …
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… GATELY, Plaintiffs-Respondents, v. STATE FARM INDEMNITY COMPANY, Defendant-Appellant. Argued November 28, 2017 – Decided Before Judges Carroll and Leone. On appeal from Superior Court … judgment against State Farm on May 27, 2016, for $47,500, together with interest of $3608.23, costs of $6250.99, and …
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… Submitted March 27, 2019 - Decided May 16, 2019 Before Judges Koblitz, Currier, and Mayer. On appeal from … principles of law, we affirm. Plaintiff, a grape farming company based in Napa, California, owns property in the … ROW. Therefore, the judge found the Board made appropriate factual findings based on the evidence presented at the …
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… Submitted April 11, 2018 – Decided Before Judges Alvarez and Geiger. On appeal from Superior … N.J.S.A. 2C:39-7(b). On March 18, 2016, the trial judge commenced defendant's sentencing hearing. Defendant … we uphold "the trial court's decision so long as [the factual] findings are supported by sufficient credible …
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… _______________________ Argued November 9, 2018 – Decided Before Judges Simonelli, Whipple and DeAlmeida. On appeal from the New Jersey Civil Service Commission, Docket No. 2015-3244. Arthur J. Murray argued … to consider his request as a "challenge/appeal of his de facto/constructive termination." In its November 30, 2016 …
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… Argued May 18, 2017 – Decided Before Judges Hoffman and O'Connor. On appeal from Superior … entered an order of protection prohibiting defendant from communicating with K.O. or their two children in any manner, … N.J. Super. 178, 182-83 (App. Div. 2004). Subsection (a) targets specific modes of speech, including communications "at …
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… Submitted October 31, 2018 – Decided Before Judges Reisner and Mawla. On appeal from Superior Court … THE TRIAL COURT ERRED PREJUDICIALLY IN PERMITTING "FRESH- COMPLAINT" TESTIMONY WHICH FAR EXCEEDED THE PERMISSIBLE … comments prejudiced the jury against the defense. In fact, the jury acquitted defendant of aggravated sexual …
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… Submitted December 14, 2020 – Decided Before Judges Hoffman and Suter. On appeal from the Superior … separate "continuing guaranty" for each of the agreements, committing to promptly pay all "liabilities, obligations and … Defendant explained he did not 6 A-1929-19T3 simply "forget about [the complaint] and do nothing." He moved to …