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… Submitted April 30, 2024 – Decided May 16, 2024 Before Judges Natali and Bergman. On appeal from the New Jersey Commissioner of Education, Docket No. 8-11/21A. Brett … some legally competent evidence must exist to support each ultimate finding of fact to an extent sufficient to provide …
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… MELGAR, JANETTE BENNETT, EDNA MAHAN CORRECTIONAL FACILITY FOR WOMEN, and NEW JERSEY DEPARTMENT OF CORRECTIONS, … charges against Melgar were substantiated, and he ultimately was terminated from employment.4 Plaintiffs … T.A. suggested officers retaliated against her for complaining about Melgar's behavior "over the past few …
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… NO. A-5025-14T2 A-3417-15T2 A-3670-16T2 IN RE THE PINELANDS COMMISSION'S CONSISTENCY DETERMINATIONS APPROVING TUCKAHOE … Argued May 2, 2018 — Decided July 12, 2018 Before Judges Fuentes, Koblitz and Suter. On appeal from the … argue the Commission failed to follow proper procedure and ultimately violated the Pinelands Protection Act (PPA), …
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… Argued October 30, 2018 – Decided Before Judges Hoffman, Geiger and Firko. On appeal from … judgment dismissal of their slip and fall negligence complaint. Defendant Charles Voorhees cross-appeals from an … 29, 2016, and thus, [d]efendant had sufficient notice." Ultimately, the judge granted plaintiff's motion for …
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… (FREDERICK KENNEDY, TRUSTEE), Plaintiffs-Appellants, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … 1:36-3. 2 A-1368-16T4 v. STUART A. ROSENBLATT, CPA; WISS & COMPANY, LLP; ESTATE OF JOEL SHOOBE ESQ.; ROBERT D. BORTECK, … the brief). PER CURIAM In this complicated litigation, we ultimately affirm the motion judge's order dismissing the …
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… Submitted November 14, 2018 – Decided Before Judges Gilson and Natali. On appeal from the New Jersey Civil Service Commission, Docket Nos. 2016-3090 and 2016-3565. William B. … 449 N.J. Super. 409, 426 (App. Div. 2017) (explaining the ultimate question for an appellate court is whether the …
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… Submitted September 13, 2018 – Decided Before Judges Hoffman and Suter. On appeal from Superior Court … care. According to plaintiff, defendants' health insurance company paid for the cost 2 Intending no lack of respect, we … is not the proper subject of expert testimony." Ibid. The ultimate issue in the case is whether defendants breached a …
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… Submitted January 23, 2018- Decided Before Judges Carroll and Leone. On appeal from Superior Court … was arrested for underage possession of alcohol, and his companion was arrested for supplying a minor with alcohol. … the facts in the light most favorable to defendant, will ultimately succeed on the merits." Ibid. To the extent the …
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… Submitted February 6, 2018 – Decided Before Judges Carroll and Mawla. On appeal from Superior Court … in 2004. Plaintiff then obtained a new job with a printing company and earned $38,000 annually until he retired in … instead contended he should be awarded fifty percent. Ultimately, the judge concluded: [Plaintiff] is entitled to …
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… Submitted December 13, 2017 – Decided Before Judges Nugent and Geiger. On appeal from Superior Court … police officer that he had seen a person who matched the composite picture police had produced in the Schwartz … a reasonable likelihood that his or her claim will ultimately succeed on the merits." State v. Marshall, 148 …
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… Plaintiff-Appellant, v. HARCO NATIONAL INSURANCE COMPANY, ADMINISTRATOR FOR STATE NATIONAL INSURANCE COMPANY, Defendant-Respondent. … purposely not being operated shifts to the claimant, the ultimate burden of persuasion as to the appropriateness of …
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… Submitted June 7, 2017 – Decided Before Judges Carroll and Gooden Brown. On appeal from … counts consisted of sexual assault and related offenses committed against four other victims. Counts one through … expert assistance . . . [or] to express a view on the ultimate question of guilt or innocence." Id. at 461. …
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… Respondent. _______________________________________ NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … the street runs through the NHA's Seth Boyden Project Complex, which was vacant and abandoned at the time of the … Blank gave notice to and sued the homeowners, whose counsel ultimately informed Blank the pipe belonged to the city. …
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… Argued November 27, 2017 – Decided Before Judges Accurso and Vernoia. On appeal from Superior … offense. N.J.S.A. 2C:39-5(b). A third-degree offense is committed when there is unlawful possession of a "handgun in … . . . ." Id. at 288-89. However, defendant bears the "ultimate burden . . . to prove a very 14 A-1378-16T1 …
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… Submitted December 12, 2017 – Decided Before Judges Yannotti and Leone. On appeal from Superior … a reasonable likelihood that his or her claim will ultimately succeed on the merits." Ibid. The court must view … late filing of a petition is equated with incorrect or incomplete advice, long-convicted defendants might routinely …
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… Submitted October 31, 2017 – Decided Before Judges Fisher, Sumners and Moynihan. On appeal from … – that is a jury call – but that it was sufficient to compel lesser-included jury instructions. Instead of … that they were a "class match," leaving to the jury the ultimate determination. Reversed and remanded for a new …
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… Submitted April 11, 2018 – Decided Before Judges Nugent and Geiger. On appeal from Superior Court … a building (the property) located in New Brunswick with commercial space on the first floor and apartments on the … the following arguments: I. THE COMMERCIAL LEASE A. The "ultimate goal" of contract interpretation is to "discover …
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… Argued September 18, 2018 – Decided May 6, 2019 Before Judges Hoffman, Suter and Geiger. On appeal from … and asked Bartley if he had his gun. Bartley said to "come talk to [him]" and they met Bartley a few minutes … defendant was quick to "translat[e] [his] anger into what ultimately resulted in the death of Mr. Austin," and further …
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… Submitted May 29, 2018 – Decided May 6, 2019 Before Judges O'Connor and Vernoia. On appeal from Superior … drove to that area in an unmarked vehicle, parked, and commenced his surveillance. Two other detectives, … Det. Santiago was standing with Mr. Manns. Defendant was ultimately arrested for possession of a weapon. Manns was …
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… Argued February 14, 2019 – Decided May 6, 2019 Before Judges Simonelli, O'Connor and Whipple. NOT FOR … and Robert Lanciotti (collectively Archer), to dismiss the complaint with prejudice pursuant to Rule 4:6-2(e). We … against the brokers[,]" "refused to rule on it[,]" and ultimately "decided to sever it." The 20 A-2991-17T4 …