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… Submitted September 6, 2017 – Decided Before Judges Alvarez and Gooden Brown. On appeal from the … the mortgage on June 1, 2008. Plaintiff filed a foreclosure complaint against Peryea on September 19, 2008, and obtained … failed to show up to court on numerous occasions. The court ultimate[ly] issued an order for ejectment in favor of …
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… Submitted November 9, 2017 – Decided Before Judges Currier and Geiger. On appeal from Superior … upon his granddaughter, B.M. The State further agreed to recommend concurrent six-month terms of imprisonment, which … alleged in the light most favorable to the defendant, will ultimately succeed on the merits. [R. 3:22-10(b).] "A court …
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… Submitted December 17, 2018 – Decided Before Judges Messano and Gooden Brown. On appeal from the … fell off a ladder . . . [at] his home." Initially, Kelly accommodated him by allowing him to "come to work late" or … a week" and "then his regular site the remaining days." Ultimately, Kelly even allowed Aherne to work "from home one …
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… Submitted December 1, 2020 – Decided Before Judges Gilson and Gummer. On appeal from the Superior … January 15, 2021 2 A-2858-18T4 that (1) dismissed its complaint for ejectment with prejudice; and (2) denied its … nearly thirty years after his tenancy began. The court ultimately determined no 7 A-2858-18T4 evidence supported …
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… Argued December 15, 2020 – Decided Before Judges Fisher, Gilson and Gummer. On appeal from the … counsel. Lucianna certified that there had been "a complete breakdown of the attorney-client relationship" that … of counsel] claims involves matters of fact, but the ultimate determination is one of law[.]" State v. Harris, …
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… Defendants-Respondents. ______________________________ NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … than originally stated, and it was agreed MGC would commit to operating the RSC property for three years, as … and the Township could discuss acquiring the property. Ultimately, the Township, without Essex County's …
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… Submitted October 19, 2020 – Decided Before Judges Rothstadt and Susswein. On appeal from the … N.J.S.A. 2C:11-3(a)(1) and (2); first-degree conspiracy to commit murder, N.J.S.A. 2C:11-3(a)(1) and (2) and N.J.S.A. … transcript of the withdrawal motion hearing, the PCR judge ultimately denied defendant's petition, reasoning that "the …
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… Submitted January 5, 2021 – Decided March 12, 2021 Before Judges Fisher and Moynihan. On appeal from the Superior … bright-line try-or-dismiss rule," instead continuing its commitment to a "case- by-case analysis," under the Barker … heavily but nevertheless should be considered since the ultimate responsibility for such circumstances must rest …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … from an order granting defendants' motion to dismiss the complaint with prejudice for failure to file it within two … and subsequent COVID-19-related orders: the time period ultimately determined to be March 16, 2020, through May 10, …
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… Submitted March 10, 2020 – Decided April 30, 2020 Before Judges Messano and Susswein. On appeal from the … in her favor. In December 2017, plaintiff filed a verified complaint and order to show cause seeking to set aside the … the property to defendant, "she was certainly aware (if not ultimately misinformed) about the reasons why she was taking …
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… telephonically March 30, 2020 – Decided April 30, 2020 Before Judges Sumners and Geiger. On appeal from the Superior … evidence to support the trial judge's findings that he committed the predicate acts of harassment and criminal … detailed without embellishment and internally consistent. Ultimately, the judge found plaintiff "inherently …
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… Submitted January 13, 2020 – Decided Before Judges Fasciale and Mitterhoff. On appeal from the … February 28, 2020 2 A-3241-18T1 dismissing plaintiff's complaint which alleged that the County violated the New … evidence that satisfies four elements: (1) "[T]he harm ultimately caused was foreseeable and fairly direct;" (2) a …
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… telephonically March 25, 20201 – Decided April 13, 2020 Before Judges Fuentes, Mayer and Enright. On appeal from the … an arbitration award and March 1 and March 8, 2019 orders compelling re-arbitration. We reverse the orders compelling … should be applied for incomplete work. 7 The arbitrator's ultimate award reflects his determination that $5,070,517.03 …
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… Submitted May 26, 2020 – Decided June 9, 2020 Before Judges Fasciale and Rothstadt On appeal from the … granted defendant's request for an evidentiary hearing, but ultimately denied his petition on April 15, 2016. Defendant … as time barred. III. Defendant argues that the prosecutor committed a Brady violation by allegedly failing to turn …
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… Submitted March 4, 2020 – Decided June 3, 2020 Before Judges Whipple, Gooden Brown and Mawla. On appeal from the New Jersey Public Employment Relations Commission, P.E.R.C. No. 2019-40. Scarinci & Hollenbeck LLC, … when the City unilaterally adopted the ordinance, ultimately eliminating terminal leave for PBA unit members …
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… Submitted May 19, 2020 – Decided June 17, 2020 Before Judges Hoffman and Firko. On appeal from the Superior … and arrested E.M. W.F. went to the police station to file a complaint against E.M. W.F. left her seven-year-old son … alleged in the light most favorable to the defendant, will ultimately succeed on the merits." R. 3:22-10(b). To prevail …
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… Submitted December 16, 2019 – Decided Before Judges Fasciale and Rothstadt. On appeal from the … for a gunshot wound, and the police investigation that ultimately led to defendant 's arrest and indictment. … to his PCR attorney because he 'believed the letter would become available automatically.'" The PCR judge stated that …
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… Submitted March 12, 2020 – Decided April 23, 2020 Before Judges Alvarez and DeAlmeida. NOT FOR PUBLICATION … J.B. often threatened F.P., and the stabbing did not come as a surprise to her. She confirmed J.B. had placed … v. I.H.C., 415 N.J. Super. 551, 584-86 (App. Div. 2010). Ultimately, "the fact-sensitive nature of abuse and neglect …
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… Submitted March 9, 2020 – Decided March 20, 2020 Before Judges Sabatino and Geiger. On appeal from the Superior … distribute it (count twelve) in exchange for a sentencing recommendation of a five-year prison term subject to a … facts in the light most favorable to the defendant, will ultimately succeed on the merits." Ibid. Judge Caulfield …
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… Argued March 4, 2020 – Decided May 22, 2020 Before Judges Alvarez, Suter, and DeAlmeida. On appeal from the New Jersey Public Employment Relations Commission, P.E.R.C. Nos. 2019-30 and 2019-43. Michael … bond with a newborn is not appropriate use of sick leave." Ultimately, STFA filed with PERC a request to submit the …