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… Argued February 4, 2019 – Decided July 29, 2019 Before Judges Messano and Gooden Brown. On appeal from the … and an August 17, 2017 order, entering judgment on their complaint in lieu of prerogative writs in favor of their … to construct an open arbor/pergola on one side of the deck. Ultimately, the 4 A-0762-17T1 DeCiccos constructed a deck …
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… Submitted April 4, 2017 – Decided Before Judges Messano and Espinosa. On appeal from the … White raises the following points: POINT 1 THE PROSECUTOR'S COMMENTS AND THE TRIAL COURT'S JURY CHARGES DISTORTED THE … we cannot conclude the judge's instructions led to an "ultimate determination of guilt or innocence . . . 23 …
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… Individually, and as Superintendent of Schools for the Vernon Township School District, PAULINE ANDERSON, … granting summary judgment to defendants and dismissing his complaint alleging violations of the Conscientious Employee … was transferred from Walnut Ridge to Lounsberry, and ultimately terminated in 2012 "due to his failure to adhere …
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… Argued April 25, 2017 – Decided Before Judges Espinosa and Suter. On appeal from Superior … arrest and before his trial. 3 A-5066-14T2 without coming to a full and complete stop at a stop sign. Officer … his role was to make independent findings, as they were ultimately reflected in his oral opinion. We therefore defer …
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… Argued November 2, 2016 – Decided Before Judges Fuentes, Carroll and Gooden Brown. On appeal … 2 In an April 30, 2010 order, the trial court dismissed the complaint against defendant Jill Ojserkis for failure to … In opposing the motion, plaintiff certified that "at no 5 Ultimately, no change was made to plaintiff's physician …
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… Submitted May 30, 2017 – Decided June 12, 2017 Before Judges Sabatino and Nugent. On appeal from Superior … with the knife unless she performed oral sex on him. She complied. Then he made her take her pants off. He directed … or threat of violence. The mere fact that defendant was ultimately acquitted of kidnapping, terroristic threats, and …
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… Defendant-Appellant. Submitted May 10, 2017 – Decided Before Judges Simonelli, Carroll and Gooden Brown. On appeal … members who testified at the suppression hearing share a common surname, we refer to them by their first names in … to the validity of defendant's arrest however, because ultimately the police did not avail themselves of Frank's …
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… Submitted October 11, 2016 – Decided Before Judges Ostrer, Leone and Vernoia. On appeal from the … A. Jones were convicted of second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2, N.J.S.A. 2C:15-1(a), and … the house." Two officers followed Wade and Brown. Sauvigne ultimately caught up with Jones. Although we must give the …
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… Submitted March 14, 2017 – Decided Before Judges Fisher, Leone and Vernoia. On appeal from the … was "scared" because defendant believed "the cops [were] coming." In response to the information Kirce provided to … See State v. Macon, 57 N.J. 325, 337-38 (1971) ("[T]he same ultimate standard applies whether the error was objected to …
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… Argued September 20, 2016 – Decided Before Judges Fisher and Leone. On appeal from Superior Court … WARRANTS THE GRANTING OF A NEW TRIAL. IV. THE TRIAL COURT COMMITTED REVERSIBLE ERROR AND DENIED DEFENDANT THE RIGHT TO … S. Ct. 1146, 103 L. Ed. 2d 205 (1989). In any event, the ultimate "issue is not the prosecutor's license to make …
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… Argued December 20, 2018 – Decided July 22, 2019 Before Judges Simonelli, Whipple and DeAlmeida. On appeal from … from the May 1, 2017 Law Division judgment dismissing its complaint and affirming the resolution of the Zoning Board … variance would only result in a new application that would ultimately result in a grant of approval of Colonia's …
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… Submitted March 20, 2019 – Decided July 18, 2019 Before Judges Fuentes, Accurso and Moynihan. On appeal from … the State's case. The defendant's drug involvement pales in comparison to the murder charge and will not be an obstacle … not stupid. Just letting you know that now. And defendant's ultimate diatribe-ending threat – "I'll beat the shit out …
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… Argued October 17, 2018 – Decided July 9, 2019 Before Judges Fuentes, Accurso and Vernoia. On appeal from the … behalf of themselves and others similarly situated, filed a complaint alleging defendants and their co-defendants, … and judgments and not from . . . reasons given for the ultimate conclusion"), and a respondent on appeal may assert …
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… Argued November 12, 2020 – Decided Before Judges Alvarez and Geiger. On appeal from the Tax Court … of its ABELCET and PERMAX assets from non-operational income to taxable apportionable operational income; and (2) … comprising of physicians or surgeons, and/or hospitals for ultimate use by mostly cancer patients, it was also targeted …
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… Submitted November 9, 2020 - Decided Before Judges Currier and Gooden Brown. On appeal from the … 2C:11-3a(1)-(2) (count one); second-degree conspiracy to commit robbery, contrary to N.J.S.A. 2C:5-2 (count two); … that the identification is reliable, it is defendant's ultimate burden "to prove a very substantial likelihood of …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … pursuant to Rule 4:50-1(d) and reinstating plaintiffs complaint to quiet title. We affirm in part, as modified, … Bayview. The transaction never closed, and Civello ultimately sold Bayview to someone else. The 2008 Litigation …
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… Argued January 23, 2020 – Decided May 6, 2020 Before Judges Koblitz, Whipple and Gooden Brown. On appeal … at one another. As the argument became increasingly combative, some guests tried unsuccessfully "to break it … counsel's effective cross-examination of Buchanan, who ultimately admitted that he was pressured to incriminate …
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… Submitted February 24, 2020 – Decided March 9, 2020 Before Judges Sabatino and Sumners. On appeal from the … filed a brief. PER CURIAM Plaintiffs, Janek Patel and his company A&D Convenience Store, objected to approvals granted … application during the hearing process, the Planning Board ultimately considered the following variances and waivers as …
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… Argued December 11, 2019 – Decided Before Judges Koblitz, Whipple and Gooden Brown. On appeal … stalled over the price, and in September 2015, PPG filed a complaint and requested an order requiring Ten West to … alleged conversation, where they broached the prospect but ultimately decided against it. Such a "conclusory and …
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… JOHN ESMERADO in his official capacity as Records Custodian for the Union County Prosecutor's Office, … Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, and the common law right of access. The UCPO denied his request. 1 … who could unnecessarily be at risk by public disclosure." Ultimately, the court required that "all aspects" of the …