In a Decision – D.C. v. M.M., , , (an "Unreported Decision") >> the Court Held:
The Appellate Division vacated the finding of Domestic Violence. The trial court erred in denying an adjournment request to attend a funeral and then drawing an adverse inference from Defendant’s failure to testify at the Domestic violence Trial
The judge's drawing of an adverse inference against defendant after denying his requests to adjourn the trial was an abuse of discretion. Defendant sought to adjourn the trial because he wanted to testify but was unable to appear on the scheduled trial date due to an unavoidable scheduling conflict.