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… prior conviction subject to the No Early Release Act (NERA) commits an unlawful possession of a weapon offense under … Legislature intended something other than that expressed by way of the plain language.” O’Connell v. State, 171 N.J. … facts that must be presented to the grand jury and ultimately proven beyond a reasonable doubt to the trial …
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… administrative remedies.1 1 See Do-Wop Corp. v. City of Rahway, 168 N.J. 191, 199 (2001) (permitting an appellate court … be converted or "priced" to the Medicaid value to determine ultimately ______________________ 5 A hospital qualifies as … with a factor equal to or less than the statewide target would not receive a charity care subsidy. [343 N.J …
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… IN THE MATTER OF THE PETITION OF NEW JERSEY- AMERICAN WATER COMPANY, INC. FOR APPROVAL OF INCREASE TARIFF RATES AND … Woods agreed that Simpson's analysis was a reasonable way to consider the impact of the Shorelands acquisition, he … agency decision with deference, and will not reverse the ultimate determination of an agency unless the court 27 …
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… disclose a student's status" because it has "a specific and compelling need" to do so, "such as the health and safety of … the trial court acknowledged the Boards' argument but ultimately decided that they were appropriate to consider … right to control the upbringing of a child must give way to a school's ability to control curriculum and the …
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… At 9:06 a.m. on January 31, 2015, Burlington County Central Communications received a 9-1-1 call from B.W.1 B.W. shared … of the crime." [Id. at 160-61 (quoting State v. Galloway, 133 N.J. 631, 647 (1993)).] "Evidence of intoxication … that defendant's statement was inadmissible, it is ultimately for the jury to decide whether the statement was …
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… A-4710-16T3 STATE OF NEW JERSEY, Plaintiff-Respondent, v. DEWAYNE R. ANDERSON, a/k/a WAYNE R. ANDERSON, … 2C:35-5(b)(11) (Count V); possession of a firearm while committing a CDS offense, second-degree, N.J.S.A. … merely establishes the mechanism by which a trial court ultimately will determine whether a genuine 23 A-4710-16T3 …
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… Ciardi defendants' third-party 1 Both plaintiffs passed away prior to the conclusion of these appeals. 4 A-3774-17T3 … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no … v. Bachenberg, 139 N.J. 472, 479 (1995)). The question "ultimately turns on considerations of fairness and public …
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… headquartered companies [escaping] taxation." Assembly Budget Comm. Statement to A. 2501 4-5 (June 27, 2002). As … The statute then defines "nonoperational income" by way of exclusion: Income that a taxpayer demonstrates with … comprising of physicians or surgeons, and/or hospitals for ultimate use by mostly cancer patients, it was also targeted …
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… the driver's seat to peer inside the car before driving away with Islam in the passenger seat. The detectives … him from absconding. Johnson struggled to detain Islam but ultimately handcuffed him to a railing while Islam attempted … or on [two] or more acts or transactions connected together[.]" R. 3:7-6. However, the court may "order an …
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… 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 … 459 B.R. 558, 565 (Bankr. D.N.J. 2011). Stated another way, while a discharge in bankruptcy generally prohibits …
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… INFORMATION The instant matter comes before the Court by way of Third-Party Defendant Bruno, DiBello & Co.’s motion … answers to interrogatories and admissions on file, together with affidavits, if any, show that there is no … for the sale of a dealership lacks merit. While the ultimate determination of whether BDC or Ginsberg acted with …
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… limitations and fair report privilege barred the lawsuit. Ultimately, the trial court concluded that the defamation … homepage merely “altered the means by which website visitors could access the report,” but in no way altered the report itself, and therefore did not cause a …
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… vice) Andrew L. Schwartz (Attorney ID 92242013) 1633 Broadway New York, New York 10019 Tel. (212) 506-1969 … ran it like a family 6 business. See Pl. Am. Compl. ¶ 79. Ultimately, Cosmax resolved its litigation with XL, but only … against each defendant – not lump all defendants together in a form of group pleading. Michael Rosenbaum and …
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… 1 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS THE BECKER ORGANIZATION LLC, … remained in effect, to additional compensation (by way of rebate) for purchases made prior to the termination. … in Lyon, G. B. Kent & Sons, Rockland Exposition and Shain. Ultimately, the purpose of a notice to terminate a contract …
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… the warrant, which did not name any individuals as targets of the search but simply stated that the requesting … for pretrial detention hearings.” Robinson, 229 N.J. at 59. Ultimately, the Court amended Rule 3:4-2 to set parameters … which it is based shall not be . . . made public in any way prior to execution,” with disclosure punishable by …
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… draw a gun, Mejia held his hands up in the air and backed away. Defendant followed Mejia into the street, struck him in … constitutional principles should encourage the Court to revisit the portion of Brown requiring sanitization of a … the factfinder’s responsibility at trial to find the ultimate facts beyond a reasonable doubt. (citing Cty. Court …
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… 456, 459 (App. Div. 2004) (citing Sikes v. Twp. of Rockaway, 269 N.J. Super. 463, 465-66 (App. Div.), aff'd o.b., … In opposing the motion, plaintiff certified that "at no 5 Ultimately, no change was made to plaintiff's physician … to interrogatories and admissions 20 A-0244-13T2 on file, together with the affidavits, if any, show that there is no …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0875-15T4 WAYNE MCCAW, Plaintiff-Appellant, v. VERNON TOWNSHIP BOARD … was transferred from Walnut Ridge to Lounsberry, and ultimately terminated in 2012 "due to his failure to adhere … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no …
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… Mario, the president of Freitas, arrived at the jobsite together. At the time of the accident, plaintiff was … However, on re-direct, plaintiff clarified that Mario was ultimately responsible for deciding whether to employ trench … class for whose benefit the standard was established.” Alloway v. Bradlees, Inc., 157 N.J. 221, 236 (1999) (citing J.S. …
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… empowered a municipality to declare property blighted in a way never authorized before -- merely because the property … in need of redevelopment. See N.J.S.A. 40A:12A-6(a). The targeted two-block area is comprised of fourteen individual … recommend the two-block area as in need of redevelopment. Ultimately, the Planning Board concluded that five of the …