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… Submitted September 26, 2023 – Decided October 17, 2023 Before Judges Sabatino and Chase. On appeal from the Superior … any oral written, personal, or other form of contact or communication with [G.M.]; and prohibited from stalking, … was so separated as to constitute a separate dwelling, and ultimately concluded that the living space was part of the …
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… Submitted June 7, 2023 – Decided September 15, 2023 Before Judges Accurso and Firko. On appeal from the Superior … failed to accurately charge the jury by omitting the accomplice liability charge and elements of the reasonable … "a reasonable likelihood that his . . . claim will ultimately succeed on the merits." State v. Marshall, 148 …
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… Submitted May 31, 2023 – Decided August 15, 2023 Before Judges Susswein and Berdote Byrne. On appeal from the … the default, and plaintiff filed a mortgage foreclosure complaint in September 2015 and an amended complaint in … of the adjourned sale to defendants prior to the ultimate foreclosure sale through the use of regular mail. …
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… we vacate and remand for the State to provide a compliant statement of reasons for its denial of the … with Respect to Offenses Committed by Out-of-State Visitors From States Where Their Gun-Possession Conduct … upon [the] statutory criteria[,]" while still vesting ultimate decision[-]making authority in the prosecutor.'" …
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… Submitted June 7, 2023 – Decided July 11, 2023 Before Judges Mayer and Enright. On appeal from the Superior … reasons set forth in Judge Patrick J. Arre's thoughtful and comprehensive written opinion. I. The underlying facts of … a reasonable likelihood that [the PCR] claim will ultimately succeed on the merits." State v. Marshall, 148 …
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… Submitted November 19, 2024 – Decided March 4, 2025 Before Judges Gooden Brown and Vanek. On appeal from the … a Union County indictment with second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2(a)(1) and N.J.S.A. … alleged in the light most favorable to the defendant, will ultimately succeed on the merits." R. 3:22- 10(b). To …
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… Submitted October 16, 2024 – Decided October 24, 2024 Before Judges Gooden Brown and Vanek. On appeal from the … The investigating officers saw signs of injury on both the complaining occupants. The female victim suffered a right … compelling reasons and his amenability to rehabilitation. Ultimately, the judge found there was a "patent and gross …
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… Submitted October 9, 2024 – Decided October 30, 2024 Before Judges Currier and Torregrossa-O'Connor. On appeal from … Department of Labor, Docket No. 244730. Tonacchio, Spina & Compitello, LLC, attorneys for appellant (Matthew Dourdis, … N.J.S.A. 43:21-5, as claimant's "decision to leave work was ultimately for reasons not connected to the work itself." …
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… Submitted November 29, 2023 – Decided November 26, 2024 Before Judges Gummer and Walcott-Henderson. On appeal from the … in New York. Plaintiffs' counsel sent a copy of the complaint by certified mail to defendant at his New York … (quoting Hodgson v. Applegate, 31 N.J. 29, 43 (1959)). "Ultimately, 'equitable principles' 'should . . . guide[]' a …
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… Submitted January 9, 2024 – Decided January 14, 2025 Before Judges Natali and Walcott-Henderson. On appeal from the … from a May 17, 2023 order dismissing her domestic violence complaint and vacating a temporary restraining order (TRO) … After a delay due to D.S.'s medical issues, the court ultimately scheduled and presided over a thirty-three-day …
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… Submitted May 16, 2023 – Decided June 26, 2023 Before Judges Berdote Byrne and Chase. On appeal from the Tax … Tuohy's I.R.C. § 403(b) deductions in calculating gross income and New Jersey income. We affirm substantially for the … total New Jersey income of $146,106 in the denominator. Ultimately, the Director abated the penalties of the …
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… Argued September 26, 2018 - Decided Before Judges Fuentes, Accurso and Moynihan. On appeal from … claims of prosecutorial misconduct require only brief comment. We agree with defendant that the questions the … that what they were buying was stolen" and "isn't that the ultimate issue and isn't . . . that a reason why you …
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… Submitted October 2, 2018 – Decided Before Judges Fisher and Suter. On appeal from Superior Court … defendant wanted to testify; rather, defendant was "non-committal." Also, just before defendant could have … that defendant not testify but added that the decision ultimately was defendant's. The PCR court found Campagna's …
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… Submitted December 11, 2018 – Decided Before Judges Suter and Firko. On appeal from the New Jersey Government Records Council, GRC Complaint No. 2015-390. Salvatore J. Moretti, appellant pro … lack merit. A reviewing court "will not upset an agency's ultimate determination unless the agency's decision is shown …
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… Argued October 2, 2018 – Decided Before Judges Rothstadt and Natali. On appeal from Superior … from the trial court's April 3, 2017 order dismissing his complaint with prejudice after the parties appeared for … but became angry with court staff and defense counsel and ultimately chose to leave the courthouse. That same day, the …
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… Submitted January 14, 2019 – Decided Before Judges Fasciale and Rose. On appeal from Superior Court … qualifications to hear a case are ordinarily resolved 'by common law, statute, or the professional standards of the … support for defendant's proposition that where the case is ultimately transferred 11 A-0522-17T4 to a different county …
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… Submitted November 27, 2018 – Decided Before Judges Fisher and Hoffman. On appeal from Superior … the omission is ascribable primarily to defense counsel's incompetence or the State's failure to provide the discovery … a reasonable likelihood that his or her claim will ultimately succeed on the merits." State v. Marshall, 148 …
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… Argued December 17, 2018 – Decided January 28, 2019 Before Judges Messano and Rose. On appeal from Superior Court … December 2014 letter, which included three monthly payments commencing February 1, 2015. The notice clearly stated Wells … the mortgagee initiated foreclosure proceedings that ultimately led to the sale of the property at a sheriff's …
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… DIVISION DOCKET NO. A-5355-16T5 IN THE MATTER OF THE CIVIL COMMITMENT OF D.S., SVP-749-16. Submitted January 28, 2019 – Decided Before Judges Fasciale and Rose. On appeal from Superior Court … aggravated assault, and weapons offenses, for which he ultimately was sentenced to an aggregate forty-five-year …
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… Submitted February 7, 2018 – Decided March 12, 2019 Before Judges Fuentes and Suter. On appeal from Superior Court … unlawful possession of a handgun while in the course of committing or attempting to commit a drug-related offense, … [c]ourt to make a better determination of whether it was ultimately a trial strategy not to pursue the motion to …