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… Submitted April 20, 2020 – Decided May 8, 2020 Before Judges Geiger and Natali. On appeal from the Superior … point, prior to plaintiff's purchase, the two lots were combined. Plaintiff filed an application with the Board to … the board must explain how its findings support its ultimate legal conclusions." Morris County Fair Housing …
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… Submitted July 14, 2020 – Decided July 27, 2020 Before Judges Sabatino and Susswein. On appeal from the … R. 1:36-3. 2 A-3869-18T1 Defendants, Bhupen Patel and his company Shaili Management Corp. ("Shaili"), appeal the trial … lesser measures. We decline to second-guess the judge's ultimate determination, once again bearing in mind that …
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… 9, 2020 Resubmitted July 2, 2020 – Decided July 24, 2020 Before Judges Fuentes, Koblitz and Suter. On appeal from the … September 14, 2018), this court held that "the trial judge committed reversible error when he allowed the State to rely … person testifying need not be the photographer, because the ultimate object of an authentication is to establish its …
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… Argued January 28, 2020 – Decided March 5, 2020 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … (Domestic PA) and an order entered on June 19, 2019, which compelled Foulke to arbitrate its dispute with defendant, … permits a broad use of extrinsic evidence to achieve the ultimate goal of discovering the intent of the parties. …
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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 January 9, 2020 – Decided June 16, 2020 Before Judges Nugent and DeAlmeida. On appeal from the … mother had transferred her interest in a house in a seaside community. The trial court dismissed the amended complaint … informal written decisions, or reasons given for the ultimate conclusion." Do-Wop Corp. v. City of Rahway, 168 …
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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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… 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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… 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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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … Point Pleasant oceanfront properties that are operated as commercial beaches.1 The judge issued final judgments … a resolution and answered inquiries in a timely manner. DEP ultimately submitted a written offer to defendants. …
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… RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … violation of N.J.S.A. 2C:24- 4(b)(5)(a)(iii). Following the completion of their custodial sentences, they were both … Id. at 69. Nevertheless, "[t]he responsibility for ultimately determining the proper scope of notification is …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … provision, which stated that a "voluntary reduction in income of either party" would not constitute a substantial … soon and would probably work for another thirteen years. Ultimately, she was concerned that she would not be able to …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … 10:72-4.4(d) explains those circumstances in which the income of certain family members of an aged, blind or disabled … not relevant here, the appellate court never addressed the ultimate question whether 42 U.S.C. § 1396a(m)(2)(A) …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … PFRS, listing a January 1, 1995 "date of enrollment," encompassing eighty-one months of prior service. Starting in … 17 agreement fully aware that it was up to the Division, or ultimately the Board, to determine if she was eligible for …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … counts of plaintiff Radiation Data, Inc.'s ("RDI's") complaint. The agency did not violate "clearly established" … ("the second ALJ") between October 2015 and February 2016. Ultimately, on June 28, 2017, the second ALJ issued a …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … of Environmental Protection (DEP) pursuant to the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 to -23.24 … under the statute to hear cases." Ibid. Our analysis and ultimate resolution of this issue was based on the …