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… Argued November 8, 2017 – Decided Before Judges Fasciale and Moynihan. On appeal from Tax Court … he included a [fifteen percent] entrepreneurial profit when computing his costs-to-cure claiming that was the standard … 290, 312 (1992) (explaining that when a court "rejects the ultimate conclusions as to the true value proffered by the …
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… Submitted November 9, 2017 – Decided Before Judges Manahan and Suter. On appeal from the New Jersey … "a substantial likelihood exist[ed] that [Kennedy] would commit a new crime if 1 See N.J.A.C. 10A:71-3.21(d) … the statute in effect at the time, "[t]he Parole Board's ultimate determination of parole fitness must be based on …
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… Submitted January 31, 2018 — Decided Before Judges Koblitz and Manahan. On appeal from the Division … submitting certain financial documentation evidencing his income and financial resources. P.D. failed to submit his … date was September 25, 2015 and P.D.'s application was ultimately denied on November 5, 2015. 7 A-2605-16T3 and …
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… Submitted November 15, 2017 – Decided Before Judges Nugent and Currier. On appeal from Superior … child support obligation as of the emancipation date and to compel defendant to pay the share of the child's college … the motion. We are not suggesting how this issue should ultimately be decided. We offer these observations solely …
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… v. GEOPEAK ENERGY, a New Jersey Limited Liability Company, and GENE KINGMAN, Defendants-Respondents. … Submitted April 30, 2019 – Decided May 21, 2019 Before Judges Hoffman and Enright. On appeal from Superior … May 11, 2018 order conflicts with the June 9, 2017 order. Ultimately, when it rejected plaintiff’s recycled arguments, …
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… Submitted May 2, 2019 – Decided May 16, 2019 Before Judges Simonelli and Whipple. On appeal from the Board … impaired to discharge the duties of a teacher. Id. at 5. We commented that "[t]he credible evidence in the record … of the risk of medication discontinuation. LoPreto ultimately concluded that Starling continued to be totally …
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… Submitted May 8, 2018 – Decided July 6, 2018 Before Judges Fisher and Moynihan. On appeal from Superior … N.J. Super. 409, 423 (App. Div. 1989)). "[A] defendant's complete understanding of his right to testify can be … by defendant knowing the judge would likely decide — as he ultimately did — to admit his unsanitized prior convictions …
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… INS. CO., Appellant. Submitted March 15, 2017 – Decided Before Judges Fuentes, Carroll and Gooden Brown. On appeal … failed to appear for sentencing the previous week. It then commenced an investigation, which initially consisted of … to make reference to it in her findings as fatal to her ultimate conclusion that a twenty-percent remission was …
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… Submitted September 13, 2016 – Decided Before Judges Kennedy and Gilson. On appeal from the Superior … Analis does not reside at the property. Plaintiffs filed a complaint in March 2012, claiming that defendants … evidence showing that there was construction activity. Ultimately, the motion judge reasoned that there was nothing …
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… Submitted November 13, 2018 - Decided Before Judges Sumners and Mitterhoff. On appeal from Superior … plaintiff Nildia Acosta- Santana and dismissing the divorce complaint with prejudice, and a subsequent order denying the … [defendant's] premarital portion of his assets would have ultimately been taken into account in the equitable …
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… Submitted July 9, 2019 – Decided August 28, 2019 Before Judges Hoffman and Currier. On appeal from an … Officer Travis Paul, who was on patrol in a local apartment complex. Officer Paul left the complex and drove onto South … unlawful." Lastly, the judge observed: [R]egardless of the ultimate determination as to the legality of the [Terry1] …
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… Submitted October 24, 2018 – Decided May 10, 2019 Before Judges Koblitz and Ostrer. On appeal from Superior … was also convicted of separate possessory firearms offenses committed the day he was arrested, May 20, 2003. He received … ineffective-assistance-of-counsel analysis, that the jury ultimately acquitted defendant of the conspiracy count. …
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… Argued April 5, 2022 – Decided July 27, 2022 Before Judges Fasciale and Sumners. On appeal from the … identified by defendant alleged to be a witness or committing crimes. 3 A-2449-20 Police officers were … been material to the judge's decision making and would have ultimately led him to reject the search warrant request. …
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… Submitted June 8, 2022 – Decided July 14, 2022 Before Judges Gilson and Gooden Brown. On appeal from the … driver, summary judgment and dismissing her personal injury complaint with prejudice. Because the judge misapplied the … Salmond was able to exit the bus after her fall, she ultimately called 911 because she was having trouble walking …
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… Submitted April 27, 2022 – Decided June 27, 2022 Before Judges Geiger and Susswein. On appeal from the Superior … POINT III THE WRONGS THAT THE TRIAL JUDGE SAID DEFENDANT COMMITTED WERE NOT DETERMINED TO [BE] MATERIAL BREACHES AS … by credible evidence in the record, the trial court ultimately concluded that a 9 A-2774-20 breach of contract …
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… Argued May 5, 2022 – Decided May 17, 2022 Before Judges Haas and Mawla. On appeal from the Superior … granting defendant Robert C. Wilson's motion to dismiss his complaint for failure to state a claim. We affirm. Plaintiff … judicial immunity is an immunity from suit, not just from ultimate assessment of damages." Mireles v. Waco, 502 U.S. …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … him to plead guilty to both DWI charges and he reluctantly complied. Accordingly, the municipal court suspended … (PCR) for the two DWI convictions entered on May 24, 2011. Ultimately, on November 14, 2014, the Law Division vacated …
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… Submitted May 11, 2022 – Decided June 9, 2022 Before Judges Hoffman, Whipple and Susswein. On appeal from … feet on the floor and pushing back." Another officer then completed the removal of the occupant; at that point, as he … alleged in the light most favorable to the defendant, will ultimately succeed on the merits.'" Id. at 355 (quoting R. …
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… Submitted December 1, 2020 – Decided February 16, 2021 Before Judges Fisher and Gummer. On appeal from the Superior … have accepted. We substantially agree with Judge Ryan's comprehensive analysis and affirm. To obtain relief on … in the record, is directly relevant to what a judge ultimately must decide in an ineffective-assistance claim …
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… Submitted December 7, 2020 – Decided February 10, 2021 Before Judges Fasciale and Rothstadt. On appeal from the … on the brief). PER CURIAM Plaintiff Allyson Wallace filed a complaint against defendant Starkist for damages arising … the denial of her last motion because her complaint was ultimately filed within the statute of limitations, her …