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… Submitted October 31, 2018 – Decided Before Judges Fuentes and Moynihan. On appeal from Superior Court of New … January 9, 2019 2 A-0136-17T3 foreclosure action that was commenced following defendant's failure to make payments on … WHICH WAS UNDER [SCRUTINY] FOR VIOLATIONS OF THE FAIR FORECLOSURE ACT (NOTICE OF INTENT TO FORECLOSE) …
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… reconsideration of the May 19, 2017 order dismissing her complaint with prejudice pursuant to Rule 4:6-2(e). We … defendant Elizabeth Board of Education (Board), filed a complaint against the Board and defendants Melissa F. Lucio, … fraud/misrepresentation; breach of duty of good faith and fair dealing; violation of her due process and First and …
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… to their father's death. In June 2015, Richard filed a complaint in the Probate Part seeking removal of the caveat, … against his father's estate, Richard, John, and Susan. The complaint consisted of five counts: a quantum meruit claim … or otherwise tortuously interfered with what he might fairly have inherited. Because plaintiff abandoned those …
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… that plaintiff lacked standing to foreclose and did not comply with the Fair Foreclosure Act, N.J.S.A. 2A:50-53 to -68 (FFA), and … 2005-EFC5, as the assignee. Plaintiff filed a foreclosure complaint on July 13, 2016; defendant filed a contesting …
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… pro se brief: 1. LACK OF STANDING BY PLAINTIFF 2. LACK OF A FAIR TRIAL – DENIED CONSTITUTIONAL RIGHTS 3. JUDICIAL BIAS … December 30, 2015 judgment. The "2/25///15" date on the concomitant CCIS was scratched out and a handwritten date of … August 19, 2014. 5 Plaintiff was successor by merger to LaSalle Bank National Association, as trustee under a pool …
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… David Herzog, who appeared pro se for himself and his company,2 asserted for the first time that he never received … We dispatch Star's claim it was not served. Service is complete upon mailing. N.J.A.C. 1:1-7.1(c). There is also a … argument, to enable the Board an opportunity to meet it fairly. See Selective Ins. Co. of Am. v. Rothman, 208 N.J. …
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… it on October 20, 2011. Further, at the time of filing the complaint, plaintiff was in physical possession of the note, … of Intent to Foreclose (NOI) from America's Servicing Company, the mortgage servicer. This notice stated the … were without merit, and the NOI was in compliance with the Fair Foreclosure Act, N.J.S.A. 2A:50-53 to -73 (Act). On …
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… make their mortgage payments in July 2004. A first mortgage complaint was filed, however, defendants, during the course … terms and then resumed making their mortgage payments. That complaint was dismissed. 3 A-1089-16T2 In November 2008, … and that plaintiff was not out of compliance with the Fair Foreclosure Act, N.J.S.A. 2A:50-53 to -68. Thereafter, …
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… chambers as alleged by defendant, even assuming such a communication occurred, the PCR judge found "no showing of … defect in performance prejudiced defendant's rights to a fair trial such that there exists a "reasonable probability … offer to plead guilty in exchange for a 6 A-3972-16T3 recommended sentence of not more than twenty years, defendant …
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… determination disqualifying him from receiving unemployment compensation benefits from October 7, 2015. We affirm. The … employed by Robert Wood Johnson University Hospital, and last worked on July 9, 2015, when he was placed on an … arbitrary, capricious, or unreasonable, or that it lack[ed] fair support in the record." Russo v. Bd. of Trs., Police & …
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… which fees were incurred to enforce existing orders or to compel discovery; and (9) any other factor bearing on the fairness of an award. Additionally, "[t]rial judges are …
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… in 2003. On August 17, 2016, the Board voted to adopt the recommendations of the initial decision. Before us, Gaven … voluminous medical records, and most importantly, the competing opinions of the parties' medical experts – neither … 6 A-0504-16T3 capricious, or unreasonable, or . . . lacks fair support in the record." Russo, 206 N.J. at 27 (quoting …
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… days of gap time credit. In 2013, defendant appealed the computation of his sentence. The appeal came before us on … was arbitrary, capricious, or unreasonable, that it lacked fair support in the evidence, or that it otherwise violated …
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… that his plea attorney failed to advise him that if he committed federal offenses in the future, he would be … his plea attorney did not tell him that if he continued to commit crimes, he would face enhanced punishment. 3 … counsel's errors are sufficiently serious to deny him a fair trial. The prejudice standard is met if there is a …
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… opinion. R. 2:11-3(e)(1)(E). We add only the following few comments. 4 A-1300-17T2 We reject the argument in Point I … the judge did not abuse his discretion. To the contrary, he fairly and reasonably accomplished the task before him and … v. Kozak, 280 N.J. Super. 272, 278 (Ch. Div. 1994). We lastly note that the judge directed the parties to agree on …
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… 9, 2006, the judge advised defendant that following the completion of his sentence, he would be subject to parole … in state prison. He did not file a direct appeal. After completing his sentence, defendant violated the terms of his … defect in performance prejudiced defendant's rights to a fair trial such that there exists a "reasonable probability …
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… the house. In May 2015, Paul paid the judgment but filed a complaint, under Docket No. C-5-15, in the Chancery Division … 234 N.J. 109 (2018). On February 28, 2017, Lena filed a new complaint against Paul alleging breach of contract, fraud in … and breach of an implied covenant of good faith and fair dealing in connection with the home that was part of …
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… defendant was found guilty of second-degree conspiracy to commit racketeering, first-degree racketeering, … in violation of guidelines governing consecutive sentences. Lastly, he asks for a fair sentence which would not call for further imprisonment. …
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… with the Township of Brick (Township) for conduct unbecoming a public employee and other reasons. We affirm. After … the information contained in the letter was based on competent or admissible evidence. See R. 1:6-6 (requiring … is arbitrary, capricious, or unreasonable, or that it lacks fair support in the record." 5 A-2324-17T2 Russo v. Bd. of …
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… Weiss appeals from an April 29, 2016 order dismissing her complaint against defendant New Jersey Department of … Correctional Facility. Investigators from the DOC obtained Commissioner's subpoenas for plaintiff's phone records after … to secure a just determination, simplicity in procedure, fairness in administration and the elimination of …