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… Argued May 31, 2023 – Decided August 14, 2023 Before Judges Rose and Messano. On appeal from the New Jersey … administrative law judge (ALJ), the Division's Assistant Commissioner concluded that Nick had transferred $279,627.96 … some legally competent evidence must exist to support each ultimate finding of fact to an extent sufficient to provide …
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… Submitted April 24, 2024 – Decided October 11, 2024 Before Judges Gummer and Walcott-Henderson. On appeal from the … license, fines and penalties of $819.00, and thirty days of community service.1 The court also ordered that the imposed … avoid criminal prosecution for the crime. The motion court ultimately rejected defendant's attack on the sufficiency of …
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… Argued October 16, 2024 – Decided November 12, 2024 Before Judges Susswein and Perez Friscia. On appeal from the … Esq.'s motion to dismiss plaintiffs' legal malpractice complaint for failure to state a claim. We affirm in part, … probable intent under article three, and the probate court ultimately found Francesco intended to forgive the entire …
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… Argued October 9, 2024 – Decided November 20, 2024 Before Judges Mayer, Rose and DeAlmeida. On appeal from the New Jersey Civil Service Commission, Docket No. 2019-3130. John P. Nulty, Jr. argued … then stated T.L. "may have taken [o]xycodone at his house." Ultimately, Palinczar told the officer T.L. "did take an …
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… Argued October 29, 2024 – Decided January 10, 2025 Before Judges Sumners and Bergman. On appeal from the Superior … boxes" in the downstairs office, which were locked. Accompanied by 4 A-3309-21 police, Kevin Jr. accessed the … analysis of several variables. Id. at 288-89. However, "the ultimate burden remains on the defendant to prove a very …
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… Submitted December 17, 2024 – Decided January 16, 2025 Before Judges Firko and Bishop-Thompson. NOT FOR PUBLICATION … considered defendant's contentions and rendered a comprehensive thirty-two-page written decision, with which … "had some conceivable effect on the outcome." Id. at 693. Ultimately, "[a]n error by counsel, even if professionally …
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… 1 NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY CHANCERY … Shafron Law Group, LLC, (Jason Shafron, Esq., appearing) for Plaintiffs. Newman, Simpson & Cohen, LLP (Daniel J. … contest the validity of the loan documents. Plaintiff is ultimately left to its proofs, which the Court finds no …
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… Submitted May 13, 2019 – Decided June 20, 2019 Before Judges Sabatino, Sumners and Mitterhoff. On appeal from … Lab" on a "daily basis." Plaintiff was offended by these comments and asked to see the Sherriff to complain, but … this explanation and opened a second IA investigation, ultimately charging plaintiff with infractions including …
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… Submitted September 13, 2018 – Decided July 10, 2019 Before Judges Simonelli, Whipple and DeAlmeida. On appeal from … EXPERT OPINION ON CHILD SEXUAL ABUSE 4 A-1977-16T3 ACCOMMODATION SYNDROME. (Not Raised Below). POINT V THE COURT … them to him in 2011, told her not to worry about it, and ultimately sexually assaulted and impregnated her. Ida did …
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… Submitted November 29, 2018 – Decided Before Judges O'Connor, Whipple and DeAlmeida. On appeal from … by Failing to Seek a Wade Hearing. c. The Trial Court Committed Reversible Error by Failing to Instruct the Jury … various offenses along with defendant, but Velasquez was ultimately acquitted of all charges. For purposes of this …
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… Submitted September 23, 2019 – Decided Before Judges Ostrer, Vernoia and Susswein. On appeal from the … 2C:39-5(b); second-degree possession of a weapon during the commission of a drug crime, N.J.S.A. 2C:39- 4.1(a); … A-5276-16T4 prior case law, an expert could "testify to the ultimate issue of fact—whether a defendant possessed drugs …
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… Submitted October 18, 2019 – Decided January 6, 2020 Before Judges Ostrer and Susswein. On appeal from the Superior … that defendant’s intent to kill Pierce transferred to become an intent to kill B.T., thereby making defendant … guilty, which Pierce refused to do. Second, defendant ultimately received a lesser sentence than the one that …
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… Submitted March 9, 2020 – Decided April 29, 2020 Before Judges Sabatino and Natali. On appeal from the Superior … motion for summary judgment and which dismissed the complaint with prejudice. Plaintiff sued Zolotorofe, his … litigation" and "generated two appeals . . . which ultimately concluded that the boundary dispute was a …
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… Argued September 11, 2019 – Decided August 11, 2020 Before Judges Koblitz, Gooden Brown and Mawla. On appeal from … the judge reduced the net by plaintiff's fifty-percent comparative fault found by the jury for a final judgment of … conjunction with the . . . specific awards by the jury, the ultimate outcome charge that was given to the jury, and what …
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… Submitted November 18, 2020 – Decided Before Judges Whipple, Rose and Firko. On appeal from the … her car, she heard "whistling" and "talking sounds" coming from the left side of the house. She took care of her … to unhook it. He asked her to unhook it but she refused. Ultimately, he removed her bra by pulling it over her head …
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… THOMAS BRODOWSKI, Plaintiff-Appellant, v. HUDSON COUNTY COMMUNITY COLLEGE, and DR. GLEN GABERT, … Argued on September 22, 2020 – Decided Before Judges Gilson, Moynihan, and Gummer. On appeal from the … a legitimate, nonretaliatory reason for . . . plaintiff's ultimate termination." The judge determined none of the …
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… intervention to settle the issue. When defendant requested compensation for his attendance at two 4 A-2888-19 days of … added). The disclosure requirement ensures that the "ultimate authority to control the joinder of parties and … 517, 536 (2011). However, "where a judge is inclined to revisit a prior interlocutory order, what is critical is that …
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… Argued May 12, 2021 – Decided July 27, 2021 Before Judges Fuentes, Rose, and Firko. On appeal from the … domestic violence-related charges as a sanction for the complaining witness's recalcitrant behavior on the witness … without probable cause or was otherwise unreasonable. Ultimately, the court reiterated its earlier determination …
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… Argued July 27, 2021 – Decided August 17, 2021 Before Judges Sumners and Firko. On appeal from the Superior … Owens, on the briefs). 1 Because we quote and discuss income and expense information from the parties' divorce … was reached in Dr. Berson's November 15, 2013 report, ultimately leading the prior judge to reduce Dr. Berson's …
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… HACKENSACK DEPARTMENT OF PUBLIC WORKS SHADE TREE ADVISORY COMMITTEE, MARY PERRONE, SALVATORE PERRONE, ANGELA HENRICKS, … Argued September 27, 2021 – Decided October 25, 2021 Before Judges Rothstadt and Natali. On appeal from the … distress, periods of crying, preoccupation with death, and ultimately a hesitancy to reveal his HIV status). But see …