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… Submitted March 20, 2024 – Decided July 2, 2024 Before Judges Currier and Firko. On appeal from the Superior … center for seven days. During a behavioral assessment completed approximately two weeks after these events, … abuse of discretion because the State did not evaluate the factors as required under N.J.S.A. 2C:43-12(e), and ignored …
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… Argued September 13, 2023 – Decided September 20, 2023 Before Judges Haas and Natali. On appeal from an interlocutory … on July 20, 2018, defendants engaged in a conspiracy to commit three robberies while armed with two handguns and … ago in Morant. In that case, three defendants were tried together on a charge of possession of controlled dangerous …
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… Submitted September 10, 2024 – Decided October 17, 2024 Before Judges Sumners and Susswein. On appeal from the … his former girlfriend, Benigna Reyes, and asked her to come to the restaurant. When she arrived, she spoke to a … N.J. 565, 579 (1992)). "To sustain that burden, specific facts" that "provide the court with an adequate basis on …
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… Submitted May 16, 2023 – Decided June 5, 2023 Before Judges Geiger and Berdote Byrne. On appeal from the … a judgment for possession and dismissing plaintiff's complaint in this commercial summary eviction case. We … relied on, noting it had no precedential value and was "factually inaccurate." This appeal followed. Plaintiff …
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… Submitted September 11, 2024 – Decided September 23, 2024 Before Judges Mayer and Rose. On appeal from the Superior … of Sara. Plaintiff does not expressly challenge the court's factual and credibility findings. Based on our review of the … trial court's thirty-nine-page statement of reasons that accompanied the September 7, 2022 order. We therefore only …
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… Argued June 4, 2019 – Decided June 25, 2019 Before Judges Messano and Rose. On appeal from the Board of … employer prohibited his return to work. We affirm. I. We commence our review with a discussion of the governing legal … public service. See N.J.S.A. 43:1-3(b). Those incidents, together, dispel Lynch's argument that he "acted impulsively …
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… Argued June 28, 2018 – Decided July 16, 2018 Before Judges Yannotti and Haas. On appeal from Superior Court … with seven residential lots. Thereafter, plaintiff filed a complaint in the trial court seeking a determination that … lot size was justified by a "combination of environmental factors including flood plain, steep slopes, seasonable high …
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… Submitted May 15, 2018 – Decided July 12, 2018 Before Judges Reisner, Hoffman, and Mayer. On appeal from … first-degree murder charge to aggravated manslaughter and recommend a twenty-year sentence pursuant to the No Early … that she was entitled to withdraw her guilty plea altogether under State v. Slater, 198 N.J. 145 (2009), and State …
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… Submitted December 4, 2018 – Decided Before Judges Yannotti and Gilson. On appeal from Superior … No. A-5762-03 (App. Div. Dec. 17, 2004). Following the completion of his prison sentence, defendant was civilly … found that all of defendant's remaining arguments lacked a factual basis, or were based on unsupported contentions, …
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… Submitted March 19, 2019 – Decided April 11, 2019 Before Judges Rothstadt and Natali. On appeal from Superior … after his death, his wife, Saundra Gordon, filed a verified complaint seeking to be NOT FOR PUBLICATION WITHOUT THE … 31, 2017 and April 26, 2017 transcripts, which detail the factual bases for the April 26, 2017 order under review. 6 …
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… Submitted January 8, 2019 – Decided April 11, 2019 Before Judges Suter and Geiger. On appeal from Superior Court … forced to close his business and then retire. Applying the factors under N.J.S.A. 2A:34- 23(j)(3) to factual findings … DMCC Services, Inc., that had contracted with two large companies to unload their trucks at 3 A-1184-17T1 …
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… Argued January 24, 2019 – Decided February 13, 2019 Before Judges Koblitz, Ostrer, and Mayer. On appeal from the … of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition No. 2014-10452. Kathleen A. … 44 N.J. 589, 599 (1965)). We may not substitute our own fact- findings for those made by the compensation judge. …
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… Submitted December 4, 2018 – Decided Before Judges Haas and Mitterhoff. On appeal from Superior … of P.M. and A.D.M. A.M. and P.M. alleged that A.D.M. had committed acts of terroristic threats, harassment, and … 'was not premised upon consideration of all relevant factors, was based upon 9 A-2612-17T1 consideration of …
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… Submitted September 18, 2018 – Decided Before Judges Yannotti, Rothstadt and Gilson. On appeal from … PER CURIAM On November 13, 2015, plaintiff C.M.C. filed a complaint in the Family Part, Union County, for the adoption … she and R.M.C. had "enjoyed a committed relationship together." After G.M. was born, W.A.D. and R.M.C. became the …
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… Submitted February 13, 2019 – Decided Before Judges Fuentes and Vernoia. On appeal from the Board of … of review requires deference to an agency's findings of fact, credibility determinations and expertise, we affirm. … who conducted the first day of the hearing, a second judge completed the hearing and rendered a decision. 4 A-2854-17T1 …
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… Argued December 13, 2016 – Decided Before Judges Messano and Guadagno. On appeal from the New … of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition No. 2013-1691. Christopher M. … In a workers' compensation case, we must defer to the factual findings and legal conclusions of the judge of …
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… Argued September 12, 2017 – Decided Before Judges Reisner and Hoffman. On appeal from Superior … 463, 479 (2013) (quoting Assembly Health & Human Services Committee, Statement to Assembly Bill No. 50 at 20 (Mar. 4, … Id. at 484. 3 A-3567-15T2 I These are the most pertinent facts. On December 5, 2011, plaintiff went to defendant for …
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… DIVISION DOCKET NO. A-0202-16T5 IN THE MATTER OF THE CIVIL COMMITMENT OF B.R., SVP-753-16. … Submitted August 30, 2017 – Decided Before Judges Rothstadt and Vernoia. On appeal from the … She testified that B.R.'s age, fifty-one, is the primary factor mitigating against his reoffending. She concluded, 6 …
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… Third-Party Defendant. _______________________________ NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … conforms to her rulings reflecting plaintiff is a tenant in common with defendants and that defendants are solely … knowledge of whatever such an inquiry would uncover where facts are brought to his attention, 'sufficient to apprise …
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… Submitted May 1, 2018 - Decided Before Judges Gilson and Mayer. On appeal from Superior Court … also appeals from his conviction, arguing the prosecutor's comments during closing argument deprived him of a fair trial. We affirm. The following facts were presented during the evidentiary hearing on …