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… Defendant-Appellant. Argued March 20, 2018 - Decided Before Judges Carroll and Mawla. On appeal from Superior Court … credible," and accepted his testimony that defendant committed a motor vehicle violation, that individuals … State v. Gamble, 218 N.J. 412, 424-25 (2014) (alteration in original) (quoting State v. Johnson, 42 N.J. 146, 161 …
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… KAMLESH M. SHAH, M.D., GASTROENTEROLOGY CONSULTANTS, and COMMUNITY MEDICAL CENTER, Defendants. … Argued March 20, 2018 – Decided Before Judges Fasciale and Moynihan. On appeal from Superior … 160 N.J. 480, 491 (1999) (second and third alteration in original) (quoting State v. Thompson, 59 N.J. 396, 421 …
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… Argued January 30, 2018 – Decided Before Judges Hoffman and Mayer. On appeal from Superior Court … municipal judge found that defendant raised his hands while completing the walk-and-turn test and defendant raised his … 246 N.J. Super. 12, 21 (App. Div. 1991) (alteration in original) (quoting Strelecki v. Coan, 97 N.J. Super. 279, …
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… Argued November 1, 2017 – Decided Before Judges Fuentes, Manahan, and Suter. On appeal from … to obtain their positions. Plaintiffs served a verified complaint and order to show cause with temporary restraints, … frivolity of the substantial majority of [p]laintiffs' original claims and the repeated failure of [p]laintiffs' …
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… Submitted November 30, 2017 – Decided Before Judges Haas and Rothstadt. On appeal from the Board of … mother, and notified B.H. that local police would be coming to the house to check on the boyfriend's welfare. The … Thompson, 449 N.J. Super. at 485 (first alteration in original) (quoting Patterson, 194 N.J. at 33-34). "Recovery …
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… Argued November 15, 2017 – Decided Before Judges Fuentes, Koblitz and Manahan. On appeal from … matter for further proceedings and reinstated all of the original charges, including but not limited to the … Supreme Court's admonition in State v. Gandhi, We insist on compliance with judicial orders to promote order and respect …
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… Argued December 6, 2017 – Decided Before Judges Fuentes, Koblitz and Manahan. On appeal from … executed and delivered to Investors, a note in the original principal balance amount of $3,400,000 (loan), with … this transaction were to be used for the development of two commercial buildings located on the property. Visions also …
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… Argued November 28, 2017 – Decided Before Judges Fasciale and Moynihan. On appeal from the Civil Service Commission, Docket No. 2015-2471. Steven J. Kaflowitz argued … v. Branch, 182 N.J. 338, 365 (2005) (third alteration in original) (quoting N.J.R.E. 803(c)(2)). Garcia's statement …
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… Argued December 21, 2017 – Decided Before Judges Simonelli, Haas and Gooden Brown. On appeal from … for the reasons set forth in Judge Mark Troncone's comprehensive written decision rendered on September 23, … defendant made at least eleven amendments to its original filing in order to address the Board's concerns. …
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… Submitted January 23, 2018 – Decided Before Judges Yannotti and Carroll. On appeal from Superior … contrary to N.J.S.A. 2C:11-4(a)(1). The State agreed to recommend that the court sentence defendant to sixteen years … have insisted on going to trial." Ibid. (alteration in original) (quoting Hill, 474 U.S. at 59). Here, defendant …
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… Submitted February 26, 2018 – Decided Before Judges Sabatino and Rose. On appeal from Superior Court … its Departments." CNA, Article XX(A). This goal "shall be accomplished by providing for [the Borough's] [e]mployees … of the contract[.]'" Wade, 172 N.J. at 340 (alteration in original) (quoting Bak-A-Lum Corp. v. Alcoa Bldg. Prod., 69 …
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… Submitted February 28, 2018 – Decided Before Judges Currier and Geiger. On appeal from Superior … recorded on August 6, 2009. On July 8, 2009, BAC filed a complaint in foreclosure. On December 23, 2009, defendant … 456, 459 (App. Div. 2004) (citing Sikes v. 1 Defendant's original, amended, and second amended notices of appeal only …
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… Submitted March 1, 2018 – Decided Before Judges Simonelli and Rothstadt. On appeal from Superior … 3 A-3722-16T2 property, and the two properties share a common border. Oldmans Creek borders the properties to the … that may add to his territory[.]' [Ibid. (alterations in original) (quoting Masciarella, 51 N.J. at 257.] "Riparian …
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… Submitted April 17, 2018 – Decided Before Judges Reisner and Mayer. On appeal from Superior Court … the money, D.L. asked defendant for a ride to a building complex in Elizabeth. After he took D.L. to the requested … N.J. Super. 587, 596 (App. Div. 2018) (second alteration in original) (quoting State v. Yohnnson, 204 N.J. 43, 59 …
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… Submitted March 5, 2018 – Decided Before Judges Messano and O'Connor. On appeal from Superior … District Board of Education, and dismissing plaintiff's complaint.1 The facts disclosed by the motion record viewed … under the evidence presented." Id. at 124 (alteration in original) (quoting Black v. Borough of Atl. Highlands, 263 …
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… Cross-Respondents, v. NARRAGANSETT BAY INSURANCE COMPANY, SICA CONSTRUCTION, INC., and SELECTIVE INSURANCE … Submitted April 10, 2018 – Decided Before Judges Reisner and Mayer. On appeal from Superior Court … Thirty, LLC, 209 N.J. 35, 41 (2012) (second alteration in original) (quoting Henry v. N.J. Dep't of Human Servs., 204 …
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… Submitted May 22, 2018 – Decided June 22, 2018 Before Judges Fasciale and Moynihan. On appeal from Superior … A.W.,1 who, the State contended, was with defendant when he committed the precedent crimes. The letter2 and accompanying … State v. Fuentes, 217 N.J. 57, 73 (2014) (alteration in original) (quoting R. 3:21-4(g)). We apply a deferential …
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… Submitted November 6, 2017 – Decided Before Judges Accurso and O'Connor. On appeal from Superior … her motion for reconsideration of an order dismissing her complaint against defendants Bayer Healthcare … position despite the fact she had not opposed the original motion. We do not have a copy of plaintiff's motion …
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… Argued April 24, 2018 – Decided June 15, 2018 Before Judges Yannotti and DeAlmeida. On appeal from Superior … police subsequently arrested plaintiff and filed a criminal complaint against her in the municipal court. The court … In re Young, 202 N.J. 50, 66 (2010)) (alterations in original). 9 A-4768-16T1 Unbecoming conduct "need not 'be …
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… Argued May 30, 2018 – Decided June 12, 2018 Before Judges Fisher, Moynihan and Natali. On appeal from the Civil Service Commission, CSC Docket No. 2015-3042. Sanford R. Oxfeld … State Prison, 81 N.J. 571, 579-80 (1980) (alteration in original)). Under the arbitrary, capricious, and …