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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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… STATE OF NEW JERSEY, Plaintiff-Respondent, v. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … assault, and other offenses March 10, 2017 3 A-1993-14T4 committed in the incident.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 …
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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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… 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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… Submitted January 12, 2021 – Decided Before Judges Fisher and Moynihan. On appeal from the Superior … a fair trial"; (11) "the cumulative effect of the errors, combined with trial counsel's omissions, deprived defendant … Id. at 289. In the third step described by the Court, "the ultimate burden remains on the defendant to prove a very …
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… Submitted November 5, 2020 – Decided Before Judges Alvarez and Mitterhoff. On appeal from the … poor mother. Among her weaknesses as a parent, defendant complained that she was not giving the children the vitamins … a drug transaction has taken place, because that is the ultimate factual question left for the jury, this …
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… Argued March 1, 2021 – Decided March 18, 2021 Before Judges Fasciale and Mayer. On appeal from the Superior … the expiration of that agreement, the County and PBA 299 commenced negotiations for a new CBA for the period between … agreement does not exist. 9 A-2418-19 The arbitrator ultimately sustained PBA 299's grievance. The arbitrator …
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… Submitted March 10, 2021 – Decided April 19, 2021 Before Judges Whipple and Firko. On appeal from the Superior … away. Later that day, defendant was served with an amended complaint at the MCDC adding the charge of first-degree … rights and his potential sentencing exposure. Ultimately, the court accepted defendant's guilty plea, …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … request. Heintz located the vehicle and observed its driver commit two motor vehicle violations. Heintz stopped the car … Ibid. He then returned to the car to continue the search, ultimately finding a significant amount of cocaine. Ibid. We …
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… Argued June 30, 2021 – Decided September 9, 2022 Before Judges Accurso and DeAlmeida. On appeal from the … the March 31, 2020 order of the Law Division dismissing his complaint in lieu of prerogative writs challenging a … agricultural purposes and there is a meaningful plan ultimately to use the property for recreation and …
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… Argued December 19, 2019 – Decided May 12, 2020 Before Judges Alvarez and DeAlmeida. On appeal from the … and (2) (count two); failure to pay New Jersey state income tax, N.J.S.A. 54:52-9 (count three); and filing a false … examining the cell phone was irrelevant to the theft case. Ultimately, the prosecutor and defense counsel stipulated as …
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… Argued December 16, 2019 – Decided April 30, 2020 Before Judges Rothstadt, Moynihan and Mitterhoff. On appeal … two Ferraris to a function at the Meadowlands Sports Complex when defendant's red Ferrari crossed the … 33 (quoting State v. Hicks, 54 N.J. 390, 391 (1969)). The ultimate determination "is whether the disparity is …
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… Submitted February 13, 2020 – Decided April 24, 2020 Before Judges Nugent, Suter and DeAlmeida. On appeal from the … truthfully at defendant's trial in exchange for the State recommending a probationary sentence. In a statement recorded … the shooting, defendant could not and did not carry his "ultimate burden . . . to prove a very substantial likelihood …
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… USE BOARD OF BOROUGH OF BEACH HAVEN and VICTORIA ROSE NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … LLC's ("Victoria") motion to dismiss their verified complaint in lieu of prerogative writ. We affirm in part and … plan was consistent with the redevelopment ordinance and ultimately properly approved by the Board." This appeal …
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… Argued telephonically May 4, 2020 – Decided May 19, 2020 Before Judges Fasciale and Moynihan. On appeal from the … BEST INTERESTS OF THE CHILD[.] POINT VI THE SECOND JUDGE COMMITTED HARMFUL ERROR WHEN HE ALLOWED . . . DEFENDANT TO … general concern for [the child's] safety with [p]laintiff. Ultimately, [DCPP] determined [d]efendant's allegations to …
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… Argued October 27, 2020 – Decided Before Judges Haas, Mawla, and Natali. On appeal from the … Evidence of an Unlawful Purpose. POINT II THE TRIAL COURT COMMITTED REVERSIBLE ERROR IN DENYING THE MOTION FOR A … clarify what you could extrapolate from the evidence. But, ultimately, it's for you to decide whether [defendant] …