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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … dismissing her Conscientious Employee Protection Act (CEPA) complaint against her employer, defendant PNC Bank Corp. … was false "and that [retaliation] was the real reason." The ultimate burden of proof remains with the employee. …
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… Argued June 6, 2023 – Decided September 1, 2023 Before Judges Sumners and Geiger. On appeal from the Superior … genuine issues of material fact, we consider "whether the competent evidential materials presented, when viewed in the … See Petersen, 418 N.J. Super. at 132. At trial, Foley may ultimately persuade a factfinder that a binding equipment …
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… Argued September 18, 2024 – Decided October 3, 2024 Before Judges Currier and Paganelli. On appeal from the … defendant "had engaged in a course of conduct or repeatedly committed acts with purpose to alarm or seriously annoy . . … not "been involved with violent acts with other persons." Ultimately, the judge concluded "defendant ha[d] made no …
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… Submitted June 6, 2018 – Decided July 12, 2018 Before Judges Alvarez and Nugent. On appeal from Superior … se. Andrew C. Carey, Middlesex County Prosecutor, attorney for respondent (Joie D. Piderit, Assistant Prosecutor, of … this record that raises a doubt as to the fairness of the ultimate holding that defendant violated the law with regard …
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… Submitted January 30, 2018 – Decided Before Judges Leone and Mawla. On appeal from Superior Court … was sentenced to three years in prison and required to comply with Megan's law. Defendant filed no direct appeal, … alleged in the light most favorable to the defendant, will ultimately succeed on the merits." At the outset, we note …
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… Argued January 17, 2018 – Decided Before Judges Hoffman and Gilson. On appeal from Superior … in September 2007, and plaintiff filed her divorce complaint in December 2007. The Family Part conducted a … is committed to the sound discretion of the trial court."). Ultimately, he valued plaintiff's business at $88,875, and …
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… Submitted December 5, 2017 – Decided Before Judges Reisner and Mayer. On appeal from Superior Court … December 27, 2017 2 A-4020-16T3 directing the Motor Vehicle Commission to reinstate the driving while intoxicated (DWI) … five year time period under Rule 3:22-12(a), even though we ultimately conclude that she is not entitled to the relief …
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… Submitted December 7, 2017 – Decided Before Judges Simonelli and Haas. On appeal from the New … status. In 2015, the SWSP Institutional Classification Committee (ICC)1 reviewed Eli's custody status and issued an … to increase an inmate's custody status, but the ICC must ultimately approve that decision. N.J.A.C. 10A:9- 4.4(2). In …
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… Submitted October 30, 2017 – Decided Before Judges Ostrer and Whipple. On appeal from Superior … (a) Counsel was ineffective for failing to sufficiently communicate with defendant and prepare a minimally adequate … (App. Div. Mar. 10, 2014) (slip op. at 22-30), and we ultimately found defendant was not prejudiced. …
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… denying defendant relief, Judge Polansky noted that of the combined seven issues raised by defendant, both in the … a defendant must show that the ineffective assistance ultimately prejudiced the outcome. Ibid. Rule 3:22-10(b) … or by any certification or affidavit. Some arguments revisited issues already decided on direct appeal and were …
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… Submitted February 13, 2018 – Decided Before Judges Sumners and Moynihan. On appeal from the New … decision of the Department of Corrections (DOC) that he committed prohibited act NOT FOR PUBLICATION WITHOUT THE … to set forth basic findings of facts supporting the ultimate conclusion so the reviewing tribunal may …
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… Submitted May 10, 2018 – Decided Before Judges Simonelli and Gooden Brown. On appeal from … eligible to file a petition for expungement following the completion of the sentence. On August 14, 2013, the … nor change the ingredients of the offence or the ultimate facts necessary to establish guilt.'" Id. at 438-39 …
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… Submitted March 16, 2017 – Decided Before Judges Hoffman and O'Connor. On appeal from Superior … waiver of the forty-two-month parole disqualifier and to recommend reduction, under the waiver provision, to one year … comported with the presiding judge's determination. Here, ultimately, the sentencing court correctly carried out that …
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… Submitted March 1, 2017 – Decided Before Judges Fuentes and Simonelli. On appeal from the New Jersey Civil Service Commission, Docket No. 2014-1176. Chatarpaul Law Offices, … Commission was not persuaded by appellant's exceptions and ultimately adopted the Medical Review Panel's …
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… Submitted June 6, 2017 – Decided June 20, 2017 Before Judges Fisher and Leone. On appeal from the Superior … TO CONCLUDE THAT THE DEFENDANT['S] PRIOR COUNSEL DID NOT COMMIT INEFFECTIVE ASSISTANCE OF COUNSEL BECAUSE PRIOR … of consideration in terms of the charge that a defendant is ultimately allowed to plead guilty to, the sentence exposure …
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… Argued May 10, 2017 – Decided June 12, 2017 Before Judges Hoffman and Whipple. On appeal from Board of … appellant's employment on June 28, 2015, after a customer complained she used foul language in the register line. … Prot., 101 N.J. 95, 103 (1985)). We will not upset the ultimate determination of an agency unless shown that it was …
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… Submitted September 18, 2017 – Decided Before Judges Ostrer and Whipple. On appeal from New Jersey … remedies. On August 11, 2014, we reinstated the appeal but ultimately remanded on November 5, 2014, 1 While we … the spelling "disc." 3 A-4716-12T3 to permit the DOC to complete an administrative record. On March 31, 2015, Ali-X …
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… Submitted September 14, 2017 – Decided Before Judges Haas, Rothstadt and Gooden Brown. On appeal from … determination that she was disqualified for unemployment compensation benefits under N.J.S.A. 43:21-5(a) because she … Elite, problems arose between Carr and her supervisor. Carr ultimately resigned on November 14, 2015 because of Elite's …
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… Submitted March 22, 2017 – Decided Before Judges Alvarez and Accurso. On appeal from Superior … denying reconsideration of a prior order dismissing her complaint against defendants Nardulli, Gibbons and IAC … IAC, seeking assistance. Nardulli responded by email, but ultimately "only repeated Mr. Gibbons' funny questions. As …
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… Submitted January 16, 2019 – Decided Before Judges Currier and Mayer. On appeal from Superior Court … We affirm. The facts giving rise to this appeal are not complicated. Plaintiff leased a single-family home from … the legal tasks performed by counsel and the time expended, ultimately awarding $100 less per hour than requested and …