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… Submitted May 9, 2019 – Decided May 22, 2019 Before Judges Simonelli and Firko. On appeal from the Board of … provides that "[a] member's retirement application becomes 4 A-5228-17T3 effective on the first of the month … 17:4-6.2 provides that a member's retirement allowance becomes due and payable "[thirty] days after the date the …
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… telephonically December 10, 2018 – Decided May 20, 2019 Before Judges Simonelli, Whipple and DeAlmeida. On appeal from … application. I. On September 14, 2016, in response to a complaint of a foul odor, a Nutley police officer gained … several cat carcasses on the floor in varying states of decomposition. Some of the remains were skeletal. Other …
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… Submitted March 25, 2019 – Decided May 17, 2019 Before Judges Messano and Gooden Brown. On appeal from … child support. On appeal, defendant raises the following points for our consideration: I. THE COURT ERRED IN RULING … defendant in violation of litigant's rights for failing to comply with the provisions of the first agreement, requiring …
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… Submitted May 21, 2019 – Decided June 4, 2019 Before Judges Gilson and Natali. On appeal from Superior Court … Trenton Anti-Crime (TAC) Unit, a special unit designed to combat street-level narcotic sales and violent offenders, … transaction" and explained that in his experience "what comes along with narcotics . . . is weapons," "whether there …
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… Submitted May 9, 2019 – Decided June 12, 2019 Before Judges Simonelli and Whipple. On appeal from Superior … be simulated by a dowel or nail and the revolver would become functional. 3 Throughout the trial, the cylinder of the … the definition of a firearm. Id. at 589. Operability becomes an issue when the object "has undergone such …
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… Submitted May 29, 2019 – Decided June 27, 2019 Before Judges Yannotti and Rothstadt. On appeal from the … things, that plaintiff was capable of earning annual income of $166,000 through December 2013, $185,000 through … 2015. The judge also found that defendant's annual income was $425,000. The judge awarded plaintiff alimony of …
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… Submitted July 8, 2019 - Decided July 15, 2019 Before Judges Yannotti and Haas. NOT FOR PUBLICATION WITHOUT … granting summary judgment to the Fund and dismissing its complaint because the Borough deliberately breached the … case are fully detailed in Judge James H. Pickering, Jr.'s comprehensive written decision granting the Fund's motion …
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… Submitted June 25, 2019 – Decided Before Judges Rothstadt and Suter. On appeal from the Superior … a 270-day period of jail time, required defendant to comply with the registration requirements of Megan's Law, … "deal," and that its terms were "written accurately and completely in the plea papers that [defendant] and [his] …
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… Submitted March 19, 2019 – Decided Before Judges Suter and Geiger. On appeal from the Superior … would make the other children watch. In November 2005, Kate complained at school that defendant slapped Sara in the back … in the side and was not afraid to go home. The caseworker recommended family counseling. On Mother's Day in 2007, …
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… Submitted September 25, 2019 - Decided Before Judges Koblitz and Mawla. On appeal from the Superior … to get you." She expressed her anger. She would just make comment like "I am not going to stop until you pay. I am on … must be probable cause to believe that a crime has been committed and that the person sought to be arrested …
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… Argued October 16, 2019 – Decided December 5, 2019 Before Judges Yannotti, Hoffman and Currier. On appeal from … for a TRO. On June 13, 2018, plaintiff amended his complaint, alleging that defendant violated the TRO by … granted defendant's application. Plaintiff then amended his complaint to include allegations related to the July 5, 2018 …
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… DEPARTMENT OF ENVIRONMENTAL PROTECTION, SITE REMEDIATION COMPLIANCE AND ENFORCEMENT, Respondent-Respondent, and DES CHAMPS … appeals the October 28, 2018 final agency decision of DEP Commissioner Catherine McCabe denying it a DQE, after the …
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… Argued September 16, 2019 – Decided Before Judges Messano and Susswein. On appeal from the New … and reasonable, and the plaintiff bears the burden to overcome this presumption. Bergen Pines Cty. Hosp. v. N.J. Dep’t … abuse and neglect investigations authorize four possible outcomes: "unfounded," "not established," "established," and …
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… Argued October 17, 2019 – Decided Before Judges Alvarez and Suter. On appeal from the Superior … the trial court erred by not vacating the plea based on the common law defense of necessity. She also alleges a Brady … to a first offense DWI violation.3 Defendant did not raise common law necessity as a defense. She did not mention that …
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… Argued November 12, 2019 - Decided NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … April 12, 2019 Law Division order denying their motion to compel binding arbitration and stay the third-party action … as of right.3 The AtMedical Defendants raise the following points for our consideration: I. AN ORDER COMPELLING OR …
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… Submitted October 28, 2019 – Decided Before Judges Sabatino and Natali. On appeal from the New … New Jersey Department of Corrections (DOC) finding that he committed prohibited acts *.708, "refusal to submit to a search," *.803/*.002, "attempting to commit or aiding another person to commit any category A or …
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… Argued December 18, 2019 – Decided January 24, 2020 Before Judges Whipple, Gooden Brown and Mawla. On appeal from … substantively arbitrable.1 The City then filed a verified complaint and order to show cause in the Chancery Division … now appeals from the April 8 order, raising the following points for our consideration: A. THE LOWER COURT FAILED TO …
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… Argued February 11, 2020 – Decided April 9, 2020 Before Judges Hoffman, Currier and Firko. On appeal from the … (count seven); second-degree possession of a weapon while committing a CDS offense, in violation of N.J.S.A. … "under all the circumstances, . . . the police action was completely appropriate . . . ." The court also found both …
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… Submitted May 11, 2020 – Decided June 10, 2020 Before Judges Rothstadt and Moynihan. On appeal from the New … of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition No. 2013-028255. Cipriani & … 195 N.J. 33, 42 (2008) (quoting Torres v. Trenton Times Newspaper, 64 N.J. 458, 461 (1974)). "We have long …
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… Submitted May 6, 2020 – Decided July 6, 2020 Before Judges Whipple and Mawla. On appeal from the Superior … 4 A-4572-17T3 911. They noticed a "tannish bloodish" fluid coming out of Sung U's mouth and tried to administered CPR … "The same spot as last night." After a series of miscommunications, both Fontana and Mainor agreed to meet the …