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… DOCKET NO. A-1535-21 ARETHA CALDWELL, Administrator ad Prosequendum of the estate of ISABEL LOATMAN, deceased, … and Genesis Healthcare, Inc. and dismissing her complaint with prejudice for failure to timely provide an … 203 N.J. 252, 274 (2010) (recognizing dismissal as the ultimate sanction to be ordered only when no lesser sanction …
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… Docket No. L-2209-18. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not … would again count the keys after the drivers returned. Ultimately, the fleet coordinator was responsible for … individuals and corporations. Plaintiffs amended their complaint to add Cornucopia as a defendant, clarifying its …
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… Respondent has not filed a brief. 1 We use initials to protect the confidentiality of the victim and others in … Defendant argues the Family Part judge erred in finding he committed the predicate act of harassment based on an … custody of P.T. and had a parenting schedule. The judge ultimately determined the FRO was necessary to prevent the …
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… Judges Rose and Smith. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not … of a March 9, 2020 order and dismissing their complaint against defendant CFG Health Systems, Inc. The … foreign material resulted in a perforated gastric ulcer and ultimately sepsis. Plaintiffs filed their complaint on July …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0962-21 STATE-COMM, LLC, Plaintiff-Appellant, v. AXIS INSURANCE COMPANY, … on the brief). PER CURIAM NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not … maintained the Commerce Street property. State-Comm ultimately settled with the plaintiffs for $1.5 million, the …
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… General, on the brief). NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not … of her autoimmune sequela, Thomas requested a work accommodation for "an area without direct exposure to air … her OSHA complaint was irrelevant; and the DOC's ultimate decision to move her to the Unit was significant. …
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… DIVISION DOCKET NO. A-2701-22 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY, Plaintiff-Respondent, v. A.P., … and ordered her parents to attend hospital trainings and comply with Family Preservation Services (FPS) in-home … their phone or return her voicemail messages. 5 A-2701-22 Ultimately, the Step-Down program terminated the family from …
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… on the brief). PER CURIAM NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not … as she was earning $115,000 per year. Defendant's gross income was $48,000. Since then, defendant has become the … lifestyle of the parent. Isaacson, 348 N.J. Super. at 582. Ultimately, once the basic needs of the children are …
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… and Lucy M. Reynoso, on the brief). 1 Defendant asserts its proper name is Loyola House of Retreats d/b/a Loyola Jesuit … summary judgment and denying her cross-motion to amend her complaint. We affirm. I. We discern the following facts from … for leave to amend be granted liberally,' even if the ultimate merits of the amendment are uncertain." Prime Acct. …
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… General, on the brief). NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not … but incorrect about the date. Petitioner's retirement had become due and payable on October 31, 2019. In a December 1, … that the decision about which retirement type to request ultimately was "up to [her]." Instead of making those …
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… and Perez Friscia. On appeal from the Division of Workers' Compensation, Department of Labor and Workforce Development, … on the brief). PER CURIAM NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not … observe "hearsay evidence need not be excluded," but "the ultimate award must be based on legally competent evidence." …
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… and on the briefs). NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not … POINT II: THE TRIAL COURT ERRED IN FAILING TO ORDER A COMPETENCY HEARING IN LIGHT OF THE SUBSTANTIAL EVIDENCE … 229 N.J. 118, 128 (2017). The trial court also makes the ultimate determination as to a defendant's competency, and …
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… on the brief). Theodore N. Stephens II, Acting Essex County Prosecutor, attorney for respondent (Stephen Anton Pogany, … constitutionally ineffective because he failed to properly communicate the plea offers during his trial. Based on our … understood it. [It] didn't say whether it was discussed." Ultimately, the PCR court determined defendant's trial …
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… Decided October 31, 2023 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not … disease. He advised her that the father of the baby could come to the office and have his blood drawn for the test[;] … Gwinnell, 96 N.J. 538, 544 (1984). Whether a duty exists is ultimately a question of public policy and fairness. Reed v. …
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… Attorney, on the brief). NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not … A-1408-21 inmate was charged with the murder of two people. Ultimately, the inmate was down on the floor and Hart … Filippone watched the video of the incident and had Hart complete an accidental disability form where he …
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… DIVISION DOCKET NO. A-3545-23 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY, Plaintiff-Respondent, v. S.L.P., … presence of M.P. On October 17, 2022, the Division filed a complaint in the Family Part seeking care and supervision of … to Oaks Integrated Care for parenting services, but she was ultimately discharged and barred from the premises. A …
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… DIVISION DOCKET NO. A-3488-22 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY, Plaintiff-Respondent, v. S.S., … fourth-degree neglect, N.J.S.A. 9:6-3. The Division filed a complaint for custody of Jordan and care and supervision of … termination versus reunification would have on Jordan, ultimately adopting their opinions that reunification would …
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… DIVISION DOCKET NO. A-2238-23 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY, Plaintiff-Respondent, v. M.P., 1 … Dr. Medina diagnosed Mia with suspected child abuse and recommended a second psycho social evaluation and sexually … something she saw or heard." Judge DeCastro considered but ultimately found "Dr. Stillwell’s report wholly immaterial …
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… of counsel and on the brief.) Erin M. Campbell, Assistant Prosecutor, argued the cause for respondent (Yolanda … aggravating factor three, N.J.S.A. 2C:44-1(a)(3) (risk of committing 3 A-2188-21 another offense), and mitigating … to, she's making herself a better person because when she's ultimately up for parole, she will be able to tell the …
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… and on the brief). Yolanda Ciccone, Middlesex County Prosecutor, attorney for respondent (David Michael Liston, … Greene was found guilty of second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2(a)(1) and 15- 1(a)(1), but … to the judge's decision to charge threat of force, it is ultimately a judge's responsibility to convey the law …