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… telephonically May 20, 2020 – Decided June 15, 2020 Before Judges Haas, Mayer and Enright. On appeal from the Tax … 23, 2018 order denying a motion to reinstate tax appeal complaints and an August 31, 2018 order denying … 196, 206 (App. Div. 1988), aff’d, 116 N.J. 126 (1989). The "ultimate sanction of dismissal" is to be used "only …
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… D.O., and ARTHUR CHILDS, D.O., Defendants-Respondents. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … from two orders granting summary judgment dismissing his complaints in related cases. In 2016, Nanavati filed a … those facts may be readily provable by defendants, and ultimately drive the outcome in the Chancery case—the judge …
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… Argued March 13, 2019 – Decided July 8, 2020 Before Judges Fuentes, Accurso and Vernoia. On appeal from the … and Elizabeth A. Matecki argued the cause for appellant (McOmber & McOmber, PC, attorneys; Richard Armen Mc Omber, … conduct, [p]laintiff was subjected to retaliation and ultimately constructively terminated as a result of same. …
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… Submitted June 1, 2020 – Decided June 26, 2020 Before Judges Sumners, Geiger and Natali. On appeal from the … to his inmate infractions and conviction for crimes committed while incarcerated. In this appeal, Belton … serious crimes in prison, at age thirty-two, for which he ultimately received an aggregate consecutive fifteen-year …
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… Submitted January 6, 2021 – Decided February 5, 2021 Before Judges Whipple, Rose, and Firko. On appeal from the … Support Guidelines in proportion to the parties' net incomes. Plaintiff Maria D. Newman cross-appeals paragraph … was made through the Department of Probation. And, ultimately there was a consent order removing it from …
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… Argued January 14, 2020 – Decided February 12, 2020 Before Judges Hoffman, Currier and Firko. On appeal from the … with three bullet wounds. He recognized the man from the community as Kason Wilson. Edgar also observed three spent … and Loco left the apartment, Pearson heard two gunshots. Ultimately, defendant was arrested on September 5, 2011. At …
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… Submitted January 21, 2020 – Decided Before Judges Sumners and Geiger. On appeal from the Superior … defendant to get on the ground. After defendant failed to comply, the police unsuccessfully attempted to gain control … as being issued by a judge)." Id. at 147. The jury ultimately convicted defendant of weapons charges. Id. at …
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… Argued January 6, 2020 – Decided Before Judges Sabatino and Natali. On appeal from the Superior … department, was patrolling the Asbury Park Garden Apartment Complex. Sergeant Pettway testified at a pretrial … predicate to an obstruction charge) was not critical to the ultimate issue of constitutionality. Id. at 444. Even if a …
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… Argued September 9, 2019 – Decided October 7, 2019 Before Judges Fasciale, Rothstadt and Moynihan. On appeal from … made their request for documents under OPRA and the common law (the OPRA action). The second is a tort action … pursuant to N.J.S.A. 47:1A-10. Ibid. And, the GRC ultimately concluded that the custodian lawfully denied the …
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… Argued September 10, 2019 – Decided Before Judges Messano, Ostrer and Vernoia. On appeal from the … but remained a defendant at trial on his daughter's complaint. 3 A-3119-17T4 protection (PIP) benefits. … by this accident, or degenerative in nature. The judge ultimately ruled Mr. Napolitano was "unavailable" and the …
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… Submitted October 28, 2019 – Decided Before Judges Sabatino and Sumners. On appeal from the … who explained the theory of Child Sexual Abuse Accommodation Syndrome (CSAAS) regarding "a child's often … that he will face. . . ." Reddish, 181 N.J. at 595. Ultimately, the focus "must be on the defendant's actual …
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… Argued May 12, 2022 – Decided July 26, 2022 Before Judges Haas and Alvarez. On appeal from the Board of … reimburse the Board only the amount she earned from the commencement of her employment on August 25, 2014, until … not inform Golden that her retirement was being "audited." Ultimately, the Division determined that Golden's retirement …
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… Argued October 13, 2020 – Decided December 30, 2021 Before Judges Hoffman, Suter and Smith. On appeal from the … certain evidence prior to trial; rejecting defendant's recommended supplemental voir dire question on racial bias; … Division on a charge of first-degree murder. He was ultimately convicted of aggravated manslaughter. He had …
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… Submitted November 1, 2021 – Decided December 14, 2021 Before Judges Accurso and Enright. On appeal from the Superior … I. A jury convicted defendant of first-degree conspiracy to commit murder, N.J.S.A. 2C:11-3(a) and N.J.S.A. 2C:5-2, and … OF NEW JERSEY MADE AN ERRONEOUS REPRESENTATION THAT WAS ULTIMATELY RELIED ON BY THE PCR COURT TO DENY [DEFENDANT …
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… Submitted January 24, 2022 – Decided February 16, 2022 Before Judges Mayer and Natali. On appeal from the Superior … 4 A-5093-18 murder. Detective Sutley then read the criminal complaint to defendant. The complaint stated, "while engaged … based several variables. Id. at 288-89. However, "the ultimate burden remains on the defendant to prove a very …
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… Argued January 26, 2022 – Decided April 12, 2022 Before Judges Rothstadt and Natali. On appeal from the … entry of judgment therein, or by filing an answer to the complaint setting forth the defendant's defense, within … 532 (App. Div. 1989), where excusable neglect was found. Ultimately, defendant contends that the judge "should have …
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… Argued January 20, 2022 – Decided April 1, 2022 Before Judges Hoffman, Whipple and Susswein. On appeal from the New Jersey Commissioner of Education, Docket No. 294-11/19. Mark G. … requirements imposed by N.J.A.C. 6A:3-1.3(i). 11 A-0600-20 Ultimately, the Commissioner adopted the ALJ's Initial …
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… Submitted March 17, 2022 – Decided March 25, 2022 Before Judges Mawla and Mitterhoff. On appeal from the … center in Philadelphia. On July 6, 2016, Jeon died from complications arising from multiple stab wounds to the neck … but that was the only mitigating factor the judge found. Ultimately, the judge concluded "that the aggravating …
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… Submitted February 7, 2022 – Decided March 21, 2022 Before Judges Rothstadt and Natali. On appeal from the … and simple assault in a separate indictment. Defendant ultimately pled guilty to three counts of first-degree … the terms of the plea agreement, the State agreed to recommend that defendant be sentenced as a second-degree …
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… Submitted March 30, 2022 – Decided June 9, 2022 Before Judges Gilson and Gooden Brown. On appeal from the … "radioed that information" through the department's communication system. Atlantic City Police Officer Eric … charges on lesser included offenses, but they'd be the ultimate decision-makers as to whether or not the State has …