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njcourts.gov
… law, which we review de novo." Ibid. (quoting State v. Hathaway, 222 N.J. 453, 467 (2015)). Here, the facts are not … to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably … cause that a crime had been committed by defendant. At best, the positive canine alert gave the officer probable …
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njcourts.gov
… cause for appellant (Michael J. Palma (Law Offices of Viscomi & Lyons) and White and Williams LLP, attorneys; Michael … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no … v. O'Neill, 217 N.J. 99, 115 (2014) (citing Kieffer v. Best Buy, 205 N.J. 213, 222 (2011)). "Accordingly, we pay no …
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njcourts.gov
… on issues of law. Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995). Applying these … non-retaliatory reason" for the decision. Jamison v. Rockaway Twp. Bd. of Educ., 242 N.J. Super. 436, 445 (App. Div. … to constitute severe or pervasive harassing conduct. At best, plaintiffs point to single isolated incidents to …
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njcourts.gov
… of the zoning ordinances. Beginning in 2008, plaintiffs complained to the Township that Route 57 illegally used the … is deemed waived. N.J. Dep't of Envtl. Prot. v. Alloway Twp., 438 N.J. Super. 501, 505-06 n.2 (App. Div.), … non-conforming use is a question of fact the Board was best equipped to determine. Plaintiffs offer no evidence …
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njcourts.gov
… the Borough violated her right to free speech when she made complaints to the Borough about the alleged selective … in fact. She re-asserts the argument that the Borough targeted her for disparate treatment and the motion to dismiss … paper, an attorney or pro se party certifies that to the best of his or her knowledge, information, and belief, …
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njcourts.gov
… brief). PER CURIAM "[T]he sale of alcoholic beverages has always been subject to extraordinary regulation." Lyons Farms … each issuing authority by resolution, first approved by the commissioner, may impose any condition or conditions to the … 1:1-15.9(b). "A judge sitting on a bench trial is in the best position to determine if expert testimony on a …
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njcourts.gov
… Submitted June 4, 2018 – Decided Before Judges Whipple and Rose. On appeal from Superior Court … 3, 2018 2 A-3411-16T3 order dismissing with prejudice their complaint against defendants Eric Casaburi, Donald Grasso, … to take same in its "as is" condition, except that to the best of its knowledge, [defendants] represent[] that the …
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njcourts.gov
… Submitted January 13, 2020 – Decided Before Judges Fasciale and Mitterhoff. On appeal from the … which transferred counts three through eight of its amended complaint to the Law Division. It also appeals a January 30, … Rather, such an equitable lien would give plaintiff—at best—a security interest in the Property. As such, the judge …
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njcourts.gov
… v. BOROUGH OF ATLANTIC HIGHLANDS, Defendant-Respondent, and COMPASS CONSTRUCTION, INC., and BIRDSALL ENGINEERING, INC., … and prove its immunity under our Act." Wymbs v. Twp. of Wayne, 163 N.J. 523, 539 (2000) (quoting Kolitch v. … any credence, it is contradicted by Elliott and thus, at best, creates a factual dispute about whether the Borough …
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njcourts.gov
… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY LAW … suffered from breast cancer, and determined that the best course of treatment was to undergo a double mastectomy. … Complaint purports to disclaim ERISA’s applicability altogether. Therefore, because Plaintiff disclaims ERISA and …
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njcourts.gov
… Argued May 9, 2017 – Decided Before Judges Rothstadt and Mayer. On appeal from Superior … for the reasons stated by Judge Stuart A. Minkowitz in his comprehensive, twenty-three page statement of reasons … N.J.S.A. 40:55D-70(d), and the proposed site was the best choice to provide the needed coverage. Plaintiff's …
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njcourts.gov
… Defendant-Appellant. Submitted January 17, 2018 – Decided Before Judges Carroll and Mawla. On appeal from Superior Court … credentials, he noted a "very strong" odor of marijuana coming from the car. Wright told Belardo the car was … search does not depend on whether the [officer] used the best procedure, but rather on whether the officer's conduct …
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njcourts.gov
… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … N.J.S.A. 17B:27-44.2(d) (group health insurance companies); N.J.S.A. 17:48-8.4(d) (hospital service … is to ascertain the intent of the Legislature, and the best indication of the Legislature's intent is the statutory …
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njcourts.gov
… from an order dismissing its single-count, third-party complaint against the City of Newark (Newark) for failure to … further alleges that its address for mailing "is, and always has been," 811 16th Avenue, Belmar, New Jersey. … providing it," and that the property owners were "in the best position to address the concern of unpaid electric …
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njcourts.gov
… 3 Pedro Anaya was charged in the same indictment as committing the same offenses as defendant. 8 A-1572-19 The … what appeared to be drug transactions by others at the target locations." The motion judge concluded that defendant … Further, the judge noted that "the affidavit may have [at] best contained a misrepresentation or a misstatement," but …
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njcourts.gov
… arrearages," demonstrating that plaintiff failed to comply with the MSA and court orders dated May 20, 2013, … The court found a parent coordinator was in Nancy's best interest; it was not an arbitrary or capricious … not entitled to any special deference." Hitesman v. Bridgeway, Inc., 218 N.J. 8, 26 (2014) (quoting Manalapan Realty, …
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njcourts.gov
… Stallworth, 208 N.J. 182, 194 (2011) (quoting Henry v. Rahway State Prison, 81 N.J. 571, 579-80 (1980)). When … to ascertain the Legislature's intent and "generally, the best indicator of that intent is the statutory language." … 327 N.J. Super. 405, 412 (App. Div. 2000) (citing Senate Budget and Appropriations Comm. Statement to A. 1248 (May 15, …
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… listed assets that included a house, social security income, and a 401K account with Merrill Lynch. There were two … information. The ALJ concluded that D.P.S. was "the best source to obtain the documents." The ALJ noted that no … and Arbitrary Standard 1. DMAHS Was Granted Leeway For Untimely Processing Under The "Exceptional …
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njcourts.gov
… goal when interpreting a statute and, generally, the best indicator of that intent is the statutory language." … meaning ascribed to those words." 7 A-1038-19 Paff v. Galloway Twp., 229 N.J. 340, 353 (2017) (citing DiProspero, 183 … intent. When the plain meaning of base salary is read together with section 17.28c's detailed and repetitive nexus …
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njcourts.gov
… Wilson and Clara Amaya, for second- degree conspiracy to commit robbery, N.J.S.A. 2C:15-1(a)(2) and 2C:5-2 (count … that description "traveling in a northerly direction away from the robbery location." Guzman followed the vehicle … case in Rue, the brief submitted did little to show the "best available arguments" were made on defendant's behalf. …