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… and on the brief). NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not … (counts three and four); and second- and third-degree computer theft, N.J.S.A. 2C:20-25(c) (counts five and six). … based on Kapsch and Musleh's testimony, the voice they ultimately identified as belonging to defendant was his. …
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… with Rule 1:38-3(d)(10). NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not … I. THE TRIAL COURT ERRED IN FINDING THAT DEFENDANT COMMITTED THE PREDICATE ACT OF HARASSMENT UNDER N.J.S.A. … those issues to the Burlington County family court, which ultimately denied her application for an FRO. Following …
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… JERSEY APPELLATE DIVISION DOCKET NO. A-5420-18T3 UNDERWOOD PROPERTIES, LLC, Plaintiff-Appellant, v. PLANNING BOARD OF … planning and engineering experts, and their extensive comments were contained in two reports to the Board and … present and Board business [was not] discussed." The judge ultimately determined the Board's actions were based on …
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… Counsel, on the brief). Charles A. Fiore, Gloucester County Prosecutor, attorney for respondent (Dana R. Anton, Senior … AN 1 "An 'open plea' [i]s one that d[oes] not include a recommendation from the State, nor a prior indication from the … an exigent manner[,]" thus "vitiat[ing] its legitimacy and ultimately its legality." Following oral argument, the judge …
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… Gaffney, on the brief). NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not … no expert opinion to interpret it, and there was no competent evidence she actually suffered a medical episode. … mention of the subject in opening statements.3 The court ultimately ruled on the motion before Wegner testified near …
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… Inc., and Bernard J. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not … bank account and sought damages for breach of contract and common law negligence. The court also granted Santander's … the additional funds necessary to rebuild the church." He ultimately concluded that St. Cyrillus was not a financially …
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… Drummond, Special Deputy Attorney General/Acting Assistant Prosecutor, argued the cause for respondent (Jill S. Mayer, … prosecutor's office, in the mid-1990s, recruited inmates to commit perjury by fabricating jailhouse admissions of other … conduct an evidential hearing, defendant's PCR petition was ultimately denied. We affirmed the denial, and the Supreme …
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… on the brief). PER CURIAM NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not … which transferred counts three through eight of its amended complaint to the Law Division. It also appeals a January 30, … Generally, the theory of equitable liens requires an ultimate foundation in contracts, either express or implied. …
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… filed a brief. PER CURIAM NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not … from such retention." The Trust entitled Anna to its net income during her lifetime. Upon her death, the trust … his claims as exceptions to Keiser's accounting. Keiser ultimately moved for summary judgment seeking approval of …
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… 0069. Christopher L.C. Kuberiet, Acting Middlesex County Prosecutor, attorney for appellant (Patrick F. Galdieri, II, … was a twenty-three-year-old high school graduate, with some community college education, living with family members and … is not unchecked because the assignment judge retains 'ultimate authority' to review the prosecutor's waiver …
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… his motion to change the NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not … in issue." On appeal, defendant contends that the judge "committed harmful error by denying defendant's request for a … governed initially by a changed circumstances inquiry and ultimately by a simple best interests analysis," R.K., 437 …
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… DIVISION DOCKET NO. A-4532-17T3 JAMES B. NUTTER AND COMPANY, Plaintiff-Respondent, v. CAROL A. STURMER, her … Vernoia and Susswein. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not … made a "preliminary showing of a reasonable probability of ultimate success on the merits"; and (4) "the relative …
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… PER CURIAM Dr. Allison Kellish was a full-time tenured professor at Union County College (UCC), when, in May 2017, … tenure charges seeking Kellish's dismissal for conduct unbecoming and NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE … as well as the final agency action 8 A-1445-18T1 . . . must ultimately 'determine "whether the competent evidential …
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… DOCKET NO. A-5169-17T2 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY, Plaintiff-Respondent, v. M.L., … living with a relative. She did not participate in the recommended outpatient treatment. In January 2016, the mother … & Family Servs. v. A.W., 103 N.J. 591, 610-11 (1986). "Ultimately, a child has a right to live in a stable, …
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… purpose of this opinion. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not … Judges Suter and Geiger. On appeal from the New Jersey Commissioner of Education, Docket No. 279-11/13. Colin M. … outlined in the statute [was] acceptable, provided that the ultimate goal of encouraging student attendance is …
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… on the brief). Lyndsay V. Ruotolo, Acting Union County Prosecutor, attorney for respondent (Michele C. Buckley, … that on more than one occasion, defendant told her to come and sit on his lap. She said 5 A-0962-18T3 she sat … alleged in the light most favorable to the defendant, will ultimately succeed on the merits." R. 3:22-10(b). To prevail …
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… DOCKET NO. A-1190-18T2 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY, Plaintiff-Respondent, v. S.A.M., … Although defendant again began treatment, his initial compliance soon faltered. He failed to complete the … N.J. at 453 (quoting G.L., 191 N.J. at 609). "The question ultimately is not whether a biological mother or father is a …
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… Counsel, on the brief). Charles A. Fiore, Gloucester County Prosecutor, attorney for respondent (Dana R. Anton, Senior … to plead to the robbery or weapons offenses [he] did not commit," his attorney "just continually told [him] to plead … claim he would have gone to trial. 4 The judge noted that, ultimately, after conferring with trial counsel, defendant …
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… on the brief). Theodore N. Stephens II, Acting Essex County Prosecutor, attorney for respondent (Stephen A. Pogany, … incident was captured on surveillance video from a nearby commercial establishment and shown at trial. Defendant is … did not impact the impartiality of the jury that was ultimately sworn and deliberated because she had determined …
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… v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, SITE REMEDIATION COMPLIANCE AND ENFORCEMENT, Respondent-Respondent, and DES … that she was now reconsidering. But the gist of the ALJ's ultimate assessment of the evidence is clear and …