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… Argued January 27, 2021 – Decided May 18, 2021 Before Judges Whipple, Rose and Firko. On appeal from the … SHOULD HAVE BEEN SUPPRESSED BECAUSE THE PRIVATE SEARCH AND COMMUNITY CARETAKING EXCEPTIONS DID NOT APPLY. A. The Trial … of those doctrines. While we note the trial court ultimately decided the reconsideration motion one year …
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… February 19, 2021, dismissing its first and second amended complaints for failure to state a claim for which relief can … is "whether a cause of action is 'suggested' by the facts." Teamsters Lo. 97 v. Slate, 434 N.J. Super. 393, 412 (App. … the proposed solution." Davin, 329 N.J. Super. at 73. The ultimate question is one of fairness. Innes v. …
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… A-3125-19 IN THE MATTER OF THE TOWNSHIP OF EAST BRUNSWICK FOR A JUDGMENT OF COMPLIANCE OF ITS THIRD ROUND HOUSING ELEMENT AND FAIR SHARE … inclusionary development was extensively analyzed, and ultimately supported, by the . . . Township's governing …
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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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… 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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… telephonically May 13, 2020 – Decided July 13, 2020 Before Judges Whipple, Gooden Brown, and Mawla. On appeal from … counsel fees to both parties. We affirm. Defendant is a commercial tenant operating a skilled nursing facility in … to depart from the appraisal guidelines or prejudice [his] ultimate determination of the AFMRV." He pointed out that …
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… Submitted April 20, 2020 – Decided July 10, 2020 Before Judges Rothstadt and Moynihan. On appeal from the … (2) (count one); one count of first-degree felony murder – commission of crime, N.J.S.A. 2C:11-3(a)(3) (count two); two … a reasonable likelihood that his or her claim will ultimately succeed on the merits." State v. Marshall, 148 …
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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 February 1, 2021 – Decided April 30, 2021 Before Judges Mayer and Susswein. On appeal from the Superior … on February 15, 2013. In January 2014, plaintiff filed a complaint alleging permanent injuries to her neck and back … also declined to award expert witness fees. The trial judge ultimately awarded to plaintiff $34,440 for counsel fees, …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … represented himself during the negotiations. The parties ultimately executed a three-year employment agreement naming … including, without limitation, refusal or failure to comply with reasonable directions communicated to you in …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … criminal matter. The Caldwell Municipal Court dismissed the complaint against plaintiff for lack of probable cause. … Supreme Court for determining an award of counsel fees. The ultimate conclusions reached by the judge were thus …
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… Retail transactions conducted over the Internet are becoming increasingly prevalent. According to recent … doubled since 2012.2 The present appeal calls for us to revisit the application of traditional constitutional … the bank would be properly done." 6 It appears the lender ultimately was a credit union. A-1073-18T3 7 In his separate …
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… (A-3240-19) October 28, 2021 – Decided November 18, 2021 Before Judges Mawla and Mitterhoff. On appeal from the … and all of their affiliates or any entities into which such companies may evolve." The PNA also contained an alimony … Road]. The process is irreversible." The parties ultimately agreed plaintiff should retain the Pennington …
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… Submitted November 1, 2021 – Decided November 18, 2021 Before Judges Rothstadt and Natali. On appeal from the … and to Effectuate the Remedial Purpose of the Sentencing Commission's Efforts Regarding Juvenile Sentencing. After … was on parole related to the attempted murder charge that ultimately led to the youthful offender adjudication in New …
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… not to do so. A jury convicted defendant L.O.R.1 of having committed one count of first-degree aggravated sexual … at 410-15. Nevertheless, a trial court remains free to revisit the issue of reliability after considering the … diminution [of cross-examination] calls into question the ultimate integrity of the fact-finding process." Id. at 532. …
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… Submitted September 13, 2021 – Decided October 4, 2021 Before Judges Sabatino and Rothstadt. On appeal from the … made numerous errors in his calculation of defendant's income and application of the child support guidelines … personal expenses." The judge added that "[t]he child may ultimately be required to fund a greater portion of [his] …
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… and as a member of the Jersey City Board of Education, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … A-0327-24 elected members of the school board. Plaintiffs' complaint alleged race and gender-based discrimination, … to provide increases in salary, denying staff support, and ultimately pursuing tenure charges against her. As a …