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… Defendant-Appellant. Submitted October 3, 2018 – Decided Before Judges Vernoia and Moynihan. On appeal from Superior … indictment substantially for the reasons set forth in his comprehensive and cogent written decision. We recently … his decision, asking if he could "go pro se." The judge ultimately finished his decision and postponed defendant's …
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… Defendant-Appellant. Argued October 29, 2018 – Decided Before Judges Messano and Rose. On appeal from Superior Court … expungement of the underlying convictions and two civil commitments, defendant sought "equitable relief" from the … his FPIC, which was returned to him when the TRO was ultimately dismissed. Thereafter, on his application for …
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… Submitted November 27, 2018 – Decided Before Judges Hoffman and Geiger. On appeal from Superior … of law, we affirm. On January 5, 2016, defendant was issued complaint summonses for DWI; reckless driving, N.J.S.A. … his role was to make independent findings; findings that, ultimately, were reflected in his 14 A-0689-17T1 written …
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… Submitted December 12, 2018 – Decided Before Judges Nugent and Mawla. On appeal from Superior Court … additional delivery of cocaine. Defendant told the CI to come to his apartment. Detectives maintained visual … in addition to the information [the detective] included ultimately in his affidavit is not, by itself, sufficient to …
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… Submitted December 10, 2018 – Decided Before Judges Messano, Fasciale and Rose. On appeal from … a substantial effort . . . ." He continued, "[i]f they come back again, and in my determination at that point … State v. Madison, 109 N.J. 223, 245 (1988)). "[T]he ultimate burden remains on the defendant to prove a very …
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… college, might require a fifth year of schooling to complete his education. The parties did not set an annual … to the children's college decision-making process and ultimate choices. These included many unanswered emails … the daughter's search process. Defendant sought to revisit the issue of college contribution because of his poor …
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… Submitted September 12, 2018 – Decided Before Judges Fasciale and Rose. On appeal from Superior Court … attorney was relieved on the day of trial; (3) imputing income to defendant David Colarusso, resulting in an … and accusations that counsel "had removed documents ultimately submitted to the [c]ourt." The 2 See R. …
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… administration of the estate, plaintiff filed a verified complaint and an order to show cause (OTSC) to remove … remaining issues in this case, the [c]ourt has agreed to revisit the parties' proofs. The [c]ourt now determines that … his mind. Nevertheless, we conclude that the judge's ultimate conclusion, that is, that the value of the IRAs was …
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… Argued November 26, 2018 – Decided April 2, 2019 Before Judges Sabatino and Mitterhoff. On appeal from Superior … once a year. Streets are inspected also in response to complaints. When Bucceroni drives through a particular … and not from opinions . . . or reasons given for the ultimate conclusion." Do-Wop Corp. v. City of Rahway, 168 …
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… a Minor. Argued March 4, 2019 – Decided March 28, 2019 Before Judges Messano and Rose. On appeal from Superior Court … of Child Protection and Permanency (Division) filed a complaint for custody, care and supervision of T.P. This … to come forward with exculpatory evidence. The judge ultimately determined defendant's stipulation acknowledged …
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… Submitted January 28, 2019 – Decided March 25, 2019 Before Judges Messano and Rose. On appeal from Superior Court … denying his application for reinstatement, dismissing his complaint, and affirming the administrative decision.1 We … IAD. Citing the controlling authority, the hearing officer ultimately concluded "the only appropriate penalty" was …
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… Submitted August 1, 2017 – Decided Before Judges Hoffman and Currier. On appeal from the Commissioner of Education, Docket No. 122-6/15. Michael A. … We decline to discuss this argument at length, as the ultimate resolution of these issues has no bearing on …
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… Submitted September 14, 2017 – Decided Before Judges Haas and Gooden Brown. On appeal from Superior … charging Sutton and Powell with second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2(a)(1) and N.J.S.A. … "MATCHED" ITEMS TAKEN BY THE ROBBERS WAS INAPPROPRIATE ULTIMATE-ISSUE TESTIMONY, UNHELPFUL TO THE JURY, AND HIGHLY …
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… M. PIERCE, DECEASED. Argued August 30, 2017 – Decided Before Judges Alvarez and Gooden Brown. On appeal from the … On November 16, 2015, Cromwell filed her first verified complaint seeking Pierce's removal. She alleged that Pierce … a reason to remove an executor[.]" Nevertheless, the judge ultimately found that Pierce "neglected and refused to …
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… Argued November 8, 2017 – Decided Before Judges Fisher, Fasciale and Moynihan. On appeal from … on issues of law. Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995). Applying these … treat similarly situated employees equally. Id. at 304. The ultimate burden of persuasion remains at all times with the …
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… Submitted October 3, 2017 – Decided Before Judges Carroll and Mawla. On appeal from Superior Court … a psychological evaluation to determine whether he was a compulsive and repetitive sex offender. Defendant testified … alleged in the light most favorable to the defendant, will ultimately succeed on the merits. Furthermore, Rule …
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… Argued September 28, 2017 – Decided Before Judges Simonelli, Haas and Gooden Brown. On appeal from … to make a left-hand turn, directly across the path of the oncoming motorcycle, which struck defendant's car on its right … while impaired." However, the judge ignored the report's ultimate conclusion that "[t]here is 9 A-3283-16T1 …
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… Argued April 5, 2017 – Decided Before Judges Fuentes, Simonelli and Gooden Brown. On appeal … or LEED consulting services. Defendant is an owner of commercial real estate. Defendant contracted with plaintiff … are always subject to the scrutiny of the motion judge and ultimately, to the exercise of discretion in determining the …
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… Submitted July 25, 2017 – Decided Before Judges Ostrer and Leone. On appeal from Superior Court … Rule 3:22- 12. We agree, and affirm. I. The following facts come from the transcripts of defendant's plea hearing and … a reasonable likelihood that his or her claim will ultimately succeed on the merits." Ibid. The court must view …
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… v. JERSEY SHORE UNIVERSITY MEDICAL CENTER formerly known as Jersey Shore Medical Center, MERIDIAN … Defendants denied such liability. A jury trial commenced on August 24, 2015 against several of the named … Plaintiffs accepted the consulting attorney's ultimate recommendations. However, defendant and his insurer …