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… its lawsuit against two of its former key employees and a competitor that hired them. Among other things, plaintiff … appearance. The omission 19 A-0952-17T3 was unfortunate and ultimately prejudicial. Regardless of whether counsel had a … got away from the 'ideal transition company plan' and to revisit this proposal and a plan to get back to these numbers …
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… Submitted October 25, 2016 – Decided Before Judges Messano and Espinosa. On appeal from the Public Employment Relations Commission, Docket No. 2015-051. O'Brien, Belland & … were considered to have some ameliorative effect, it ultimately fails to do so because that question is not left …
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… Submitted September 20, 2017 – Decided Before Judges Simonelli and Rothstadt. On appeal from Superior … PER CURIAM A jury convicted defendant Carlos Rojas of committing first- degree aggravated manslaughter, N.J.S.A. … defendant's residence and questioned him about Hernandez. Ultimately, they transported defendant to the police station …
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… Submitted July 5, 2017 – Decided Before Judges Nugent and Accurso. On appeal from Superior … evidence. The facts the State established are comprehensively detailed in our decision on defendant's … the jury would not find Petty credible. Defense counsel's ultimate decision not to call Petty as a witness was a …
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… Argued April 25, 2017 – Decided Before Judges Espinosa, Suter and Grall. On appeal from … reverse in part. I. The parties were married in 1996; the complaint for divorce was filed fifteen years later in 2011. … the court appointed Brown to perform a lifestyle analysis. Ultimately, the court found defendant "did not refute the …
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… Submitted December 12, 2017 – Decided Before Judges Yannotti and Leone. On appeal from the New Jersey Civil Service Commission, Docket Nos. 2012-950 and 2013-83. Stuart Ball, … Torsiello had ample time to examine the evidence before his ultimate departmental hearing in January 2014, where he had …
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… Submitted July 18, 2017 – Decided May 25, 2018 Before Judges Ostrer and Leone. On appeal from Superior Court … the males to "freeze" and "stop," but the males ignored the commands. 3 The police were not able to recover any video … Benedict interviewed." That remains true though the jury ultimately acquitted defendant of burglary under the "proof …
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… OF RONALD AVELLA, PATRICK AVELLA, and ANTHONY BIVIANO, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … On February 16, 2012, Biviano filed in Bergen County a complaint as executrix of the Estate, individually and on … settlement agreement. As the trial court found, the funds ultimately deposited in the escrow account were "those that …
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… Argued December 4, 2018 – Decided Before Judges Rothstadt and Gilson. On appeal from Superior … store, with an agreement from the State that it would recommend concurrent sentences. Defendant was then sentenced … The court asked for a consent order, but the order that was ultimately submitted did not contain the signatures of …
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… Submitted September 13, 2018 – Decided Before Judges Whipple and DeAlmeida. On appeal from Superior … imposed after entry of his guilty plea to conspiracy to commit aggravated assault. We affirm. I. The following facts … chase. The Court held that the pursuit of Tucker, and his ultimate capture, constituted unconstitutional seizures …
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… Argued March 6, 2017 – Decided Before Judges Sabatino, Nugent and Haas. On appeal from the … law judge ("ALJ"). Among other things, the DEP Commissioner determined that Des Champs was not entitled to … opinions that these aspects should result in shifting the ultimate burden of establishing entitlement to a DQE away …
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… Submitted January 9, 2018 – Decided Before Judges Yannotti and Mawla. On appeal from Superior … Thereafter, the court filed an order denying PCR. In an accompanying statement of reasons, the court found that … Id. at 688. The defendant is required to overcome the strong presumption that counsel exercised …
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… Defendant-Appellant. Submitted October 23, 2017 – Decided Before Judges Accurso, O'Connor and Vernoia. On appeal from … 2C:21-25(b)(2); two counts of second-degree conspiracy to commit theft, N.J.S.A. 2C:5-2(a); third-degree uttering a … from the timesheets, which was forwarded to defendant and ultimately sent to headquarters for payment. After Express …
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… Argued March 7, 2017 – Decided Before Judges Fisher, Ostrer and Leone. On appeal from … did not want to "drive with it." Malaker texted she felt uncomfortable "doing it" in front of others, and asked if she … Included among Dr. DiCarlo's readings was Dr. Peacock's ultimate conclusions as to cause and manner of death. Ibid. …
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… Argued April 18, 2018 – Decided July 9, 2018 Before Judges Alvarez, Nugent and Geiger. On appeal from the Public Employment Relations Commission, Docket No. IA-2016-003. Michael A. Bukosky … 34:13A-16.7(b). We are unpersuaded by this argument. Ultimately, the Court's holding in Cty. of Atl. was premised …
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… Argued February 26, 2018 – Decided Before Judges Ostrer and Rose. On appeal from Superior Court … or confinement element of kidnapping. Id. at 13. We commented that whether the trial and appellate counsel were … instructed Muniz to drive until they told him to stop; and ultimately got out at 36th Street. Torres I, slip op. at …
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… STATE OF NEW JERSEY, Plaintiff-Respondent, v. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … assault, and other offenses March 10, 2017 3 A-1993-14T4 committed in the incident. After appropriate mergers, they … to the robbery. 1 As we have already noted, the State ultimately chose to forego the second phase. 25 A-1993-14T4 …
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… JONES, R.N., Defendants-Respondents, and WOMEN'S GROUP FOR OB/GYN, PAMELA KOPELOVE, M.D., JEAN TORRANCE, R.N.C., … to Hailey. Plaintiffs appeal from the dismissal of their complaint against Virtua West Jersey Hospital Voorhees … to cure. Plaintiffs urge that they should be spared the ultimate sanction of dismissal with prejudice because lesser …
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… Argued December 20, 2016 – Decided Before Judges Ostrer and Vernoia. On appeal from the Superior … decision; but are constrained to remand in part for a more complete statement of reasons for the court's order … defendant to obtain insurance on his life, which the court ultimately rejected because of his age. As the trial court …
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… Argued May 9, 2017 - Decided Before Judges Reisner, Rothstadt and Mayer. On appeal from the … or the patient), a seventy-four year old woman, experienced complications after her esophagus was punctured during … perforation." He concluded that Ms. Cyckowski's death was ultimately due to the delay in diagnosing the esophageal …