-
njcourts.gov
… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … dismissing her Conscientious Employee Protection Act (CEPA) complaint against her employer, defendant PNC Bank Corp.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. …
-
njcourts.gov
… Submitted April 6, 2022 – Decided April 27, 2022 Before Judges Gilson and Gummer. On appeal from the Board of … 2019, when she resigned. She filed a claim for unemployment compensation benefits. A deputy of the Division of … claim for unemployment benefits. According to DeSantis, she ultimately was told benefits were not available. The scope …
-
njcourts.gov
… Submitted April 4, 2022 – Decided April 20, 2022 Before Judges Rose and Marczyk. On appeal from the Board of … We affirm. I. Durante filed a claim for unemployment compensation in May of 2020. She received a weekly benefit of $334 and ultimately received $6,012 as of September 12, 2020. On …
-
2C:11-5.3
Charges Document PDF
njcourts.gov
… of section 3 of P.L.1952, c.157 (C.12:7-46). In order for you to find the defendant guilty of this crime, the … doubt that (insert victim’s name) died from medical complications that resulted from injuries caused by … testimony and considering all of the admitted exhibits, you ultimately must be persuaded that 12 State v. Bealor, 187 …
-
njcourts.gov
… argued March 24, 2020 – Decided April 29, 2020 Before Judges Fisher, Gilson and Rose. NOT FOR PUBLICATION … the trial court's belief that a Title [Nine] finding was compulsory, especially where, as here, the State's evidence … at the hearing, was sufficient to support the judge's ultimate conclusions. The officer credibly testified that, …
-
njcourts.gov
… 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 …
-
njcourts.gov
… 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 …
-
njcourts.gov
… Submitted March 12, 2020 – Decided June 15, 2020 Before Judges Alvarez and Suter. On appeal from the Superior … "clearly." As he approached, he began to give defendant commands. Rivas observed that when instructed to lay down on … there would be some merit to the argument on appeal. Ultimately, however, it is based on sheer speculation. The …
-
njcourts.gov
… opinion. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither … multi-apartment dwellings.” The officers then searched the common areas for weapons and the suspect. Estevez and … 7 of the New Jersey Constitution.” Id. at 11-12. 3 Ultimately, the Appellate Division conclude[d] that because …
-
njcourts.gov
… Submitted August 16, 2022 – Decided November 14, 2022 Before Judges Accurso and Smith. On appeal from the Superior … to a charge of second-degree robbery in exchange for a recommended discretionary extended term sentence of … Trial counsel argued for leniency but was 6 A-3374-20 ultimately unsuccessful. The sentencing court had more than …
-
njcourts.gov
… 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 …
-
njcourts.gov
… Submitted January 15, 2020 – Decided March 5, 2020 Before Judges Koblitz and Whipple. On appeal from the Superior … 10-10-1807. Joseph E. Krakora, Public Defender, attorney for appellant (Michele A. Adubato, Designated Counsel, on … order vacating a prior order requiring a Frye1 hearing and ultimately denying his post-conviction relief (PCR) petition …
-
njcourts.gov
… Submitted January 29, 2020 — Decided Before Judges Whipple and Mawla. On appeal from the Superior … a reasonable likelihood that his or her claim will ultimately succeed on the merits." Ibid. The court must view … a probability sufficient to undermine confidence in the outcome." Ibid. (quoting Strickland, 466 U.S. at 694). The …
-
njcourts.gov
… Submitted January 14, 2020 – Decided Before Judges Fisher and Gilson. On appeal from the Superior … to foreclose in August 2017. A few days after filing its complaint, and to justify its filing less than two years … to the complaint, or any of the other applications that ultimately produced the final judgment. Although the judge …
-
njcourts.gov
… Submitted May 18, 2020 – Decided July 7, 2020 Before Judges Sumners and Geiger. On appeal from the Superior … a refusal and, of course, we will require a knowing and competent refusal. The judge found there was probable cause … to give a complete[,] lucid and binding response[s][.]" Ultimately, the judge found the fourth element was "also …
-
njcourts.gov
… 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 …
-
njcourts.gov
… 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 …
-
njcourts.gov
… 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 …
-
njcourts.gov
… 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 …
-
njcourts.gov
… 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 …