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… car cross the center line again before it came to a complete stop. After defendant provided the trooper with … Defendant argued his video demonstrated he was unfairly targeted for a motor vehicle stop because every driver on the … the affirmative defense of necessity, but the burden ultimately rests on the State to "disprove the defense …
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… Submitted April 27, 2020 – Decided May 15, 2020 Before Judges Fasciale and Rothstadt. On appeal from the … to consider whether other specific people may have committed the crimes with which . . . defendant was … judgment, and that the errors would have affected the ultimate outcome." The judge proceeded to address each of …
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… Submitted May 6, 2020 – Decided May 28, 2020 Before Judges Whipple and Mawla. On appeal from the Superior … Eunice Samuel, and Ada Medina dismissal of plaintiff's complaint for failure to state a claim, and a September 17, … in 2004 and 2005 by Trenton City Police. The 2004 arrest ultimately became the basis of a complaint alleging false …
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… book bag, plaintiff was charged in a juvenile delinquency complaint with possession of drug paraphernalia, in … between law enforcement and education officials and ultimately to protect the educational environment." 3 … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no …
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… and/or in the alternative, Defendants-Respondents, and GALLOWAY TOWNSHIP BOARD OF EDUCATION and/or ATLANTIC COUNTY … specifics, plaintiffs allege the mats were too close together.2 Yanni claims the coach, defendant Shawn Scannell, … rolls." He stopped when he became sick to his stomach. Ultimately, Yanni's physician diagnosed him as having …
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… summary judgment and denying defendant's cross-motion to compel discovery, as well as from the July 22, 2019 final … explained that "having loan servicer employees (who will ultimately have the most involvement with a [n]ote and … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no …
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… Submitted October 1, 2020 – Decided Before Judges Geiger and Mitterhoff. On appeal from the New … he was arrested by Philadelphia Police for unrelated crimes committed in Pennsylvania. Bussinger admitted to committing … change his residence while he remained a fugitive. He was ultimately arrested in Philadelphia during a traffic stop on …
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… Submitted October 19, 2020 – Decided Before Judges Messano and Smith. On appeal from the New Jersey Civil Service Commission, Docket No. 2013-618. Fusco & Macaluso Partners, … agencies, the agency itself retains the exclusive right ultimately to decide these cases." (citing In re Uniform …
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… as a construction project manager. The parties lived together in a marital-type relationship from 2002 to 2016 and … significantly higher wages, and that the payments ultimately inured not only to plaintiff's benefit, but to … of the judge's legal determinations, however, is always de novo. N.J. Div. of Child Prot. & Permanency v. A.B., …
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… nor something that a law enforcement officer could walk away from." The judge determined the officer encountered a … on the railroad tracks." The judge explained, "Putting together the circumstances, the unusual situation, . . . [the] … sensibly asked [defendant] to do field sobriety tests and ultimately placed him under arrest for suspicion of drunk …
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… Submitted February 24, 2021 – Decided Before Judges Alvarez and Mitterhoff. On appeal from the Board … required Haviland to spend most of the day sitting behind a computer. In 2012, Haviland began to exhibit various … Faced with competing expert testimony, the ALJ ultimately found Berman to be more credible. Deference is …
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… Submitted March 17, 2021 – Decided April 14, 2021 Before Judges Alvarez and Mitterhoff. On appeal from the … denying her motion to vacate dismissal and reinstate her complaint. Having reviewed the record, and considering the … arbitration award. Plaintiff's untimely pro se filing was ultimately rejected because she was still represented by …
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… appeals from the Law Division order dismissing plaintiff's complaint against defendants Township of North Bergen (North … Defendants dispute this claim, asserting plaintiff was always ranked as second in line for promotion. In February … process and the captain's change 4 A-3393-19 in counsel. Ultimately, the charges against the captain were not …
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… Submitted November 9, 2021 – Decided November 23, 2021 Before Judges Haas and Mawla. On appeal from the Superior … In return for her guilty plea, the State agreed to recommend that the judge sentence defendant to five years in … of these factors. We suggest no opinion as to the judge's ultimate findings or resultant sentence. In light of this …
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… to meet this requirement in every case, the court must always state what facts formed the basis of its decision, and … in this case did not satisfy these requirements. Petitioner completed a term of special probation in the New Jersey Drug … six municipal convictions. In so ruling, we recognize that ultimately the issue to be determined is likely to be one of …
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… the hearing officer's finding that petitioner was guilty of committing prohibited act *.256 – disobeying a direct order … back as he left the room, but he continued to walk away. Lieutenant Sangale reported the incident to North … he rescinded his requests several minutes later. The DHO ultimately concluded that petitioner failed to provide any …
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… Submitted May 23, 2022 – Decided July 12, 2022 Before Judges Messano and Accurso. On appeal from the Superior … for an unlawful purpose, N.J.S.A. 2C:39-4(a).1 The State recommended the judge impose concurrent sentences aggregating … alleged in the light most favorable to the defendant, will ultimately succeed on the merits.'" State v. Porter, 216 …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … and circumstances that bring this matter before us are uncomplicated. Following the death of her husband, plaintiff … to present all their tenancy claims when negotiating and ultimately agreeing on the terms of the pay-and-go …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … period, see N.J.S.A. 54:5-58 to -60, plaintiff filed a complaint to foreclose on the property owner's right of … set. Indeed, the trial court did not set a last date and ultimately denied plaintiff's motion to set the time, place, …
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… Submitted February 14, 2023 – Decided April 19, 2023 Before Judges Sumners and Susswein. On appeal from the … that order, 1 We note defendant's appeal brief fails to comply with the Court Rules. Although we might have … that hearing. After hearing argument, Judge Gallina- Mecca ultimately was convinced that defendant had been properly …