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- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … pertinent part: Nothing herein contained shall impair the power of any court, upon proof by a shareholder of proper … or by other law."); In re Venezia, 191 N.J. 259, 278 n.7 (2007) (recognizing newspaper articles are "inadmissible as …
- njcourts.gov… Under one such exception, "any supervisor having the power to hire, discharge, discipline or to effectively … of experience at the College and worked with newly appointed academic specialists. The College contended the … & Firemen's Ret. Sys., 394 N.J. Super. 478, 482 (App. Div. 2007). We also exercise limited review of the Commission's …
- njcourts.gov… and Ananis Griffoul, and NRG Residential entered into solar power system leases. The lease agreements required NRG … The arbitration shall be conducted by one arbitrator appointed in accordance with the AAA Commercial Rules. YOU AND … v. BDO Seidman, LLP, 393 N.J. Super. 560, 574 (App. Div. 2007); see also Hojnowski v. Vans Skate Park, 187 N.J. 323, …
- 2C:16-1a(2) Charges Document PDFnjcourts.gov… if he [CHOOSE APPLICABLE] commits, attempts to commit, conspires with another to commit, or threatens the immediate … rather, the evidence that carries the greater convincing power in your minds. I remind you, however, that the burden … 14 See State v. Dixon, 396 N.J. Super. 329 (App. Div. 2007). See also N.J.S.A. 10:5-5q. 15 See N.J.S.A. 2C:16-1g. …
- STATE OF NEW JERSEY VS. BRIAN R. AUXER (11-20, ATLANTIC COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … This appeal follows. Defendant contends: 4 A-0007-21 POINT I [THE] TRIAL COURT ERRED IN DISMISSING [DEFENDANT]'S … we held: While R[ule] 2:4-4(a) grants to this court the power to extend the time within which an appeal may be taken …
- njcourts.gov… JERSEY APPELLATE DIVISION DOCKET NO. A-2039-20 FORESIGHT CONSTRUCTION LLC, Plaintiff-Appellant, v. VALLEY RENAISSANCE … not entitled to fees and costs. Foresight raises multiple points on appeal, contending the trial court erred by not: … decisions made by McLellan; finding McLellan exceeded his powers by misinterpreting the parties' agreement and failing …
- STATE OF NEW JERSEY VS. LAMAR G. FIELDS (11-03-0404, HUDSON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… eight counts of first-degree aggravated sexual assault, contrary to N.J.S.A. 2C:14-2(a)(4), and NOT FOR PUBLICATION … defendant raises the following arguments: 11 A-4815-13T3 Point I – The Court erred in refusing to allow Cross … involving S.L. and L.L. were committed. He performed a manual comparison of the two prints and opined that the …
- njcourts.gov… were placed in camera cells to "help out with the manpower." She stated SHU observations are required every … of the criminal investigation" was meant to subvert an appointing authority's ability to conduct a proper … v. State, Division of State Police, 191 N.J. 516, 526 (2007), where our Supreme Court interpreted a similar …
- njcourts.gov… In turn, on December 3, 2008, defendant executed a power of attorney (POA) in favor of plaintiff , providing … Data Processing, Inc., 394 N.J. Super. 237, 251 (App. Div. 2007) (quoting Aoude v. Mobil Oil Corp., 892 F.2d 1115, 1118 … letter notifying her of the divorce hearing. The judge pointed out that defendant signed multiple legal documents …
- njcourts.gov… in a contested private adoption proceeding has a right to appointed counsel. In 2009, respondent L.A. gave birth to a … grounded in principles of due process. 192 N.J. 301, 306 (2007). The Court has found a right to counsel under the due … guardian. However, the Court reminds trial judges of their power to appoint a guardian ad litem under the Adoption Act, …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … is strictly limited. In re Carter, 191 N.J. 474, 482 (2007). We will reverse an agency's decision only if it is … and that it applies to the exercise of all the powers of the state which can affect the individual or his …
- GMAC v. Pittella, et al. - Published Opinionsnjcourts.gov… It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor … pending arbitration because (1) the trial court was only “empowered” by the New Jersey Arbitration Act, N.J.S.A. 2A:24-1 … v. Morris, supra, 194 N.J. at 375. 11 § 3(a)-(b) (Supp. 2007) (collecting cases), and (2) that the United States …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … a will, an irrevocable trust instrument and a durable power of attorney in favor of Canova. Canova was already the … Cusack's daughter. Marchisotto changed his position at some point, however, and now alleges, without any competent …
- STATE OF NEW JERSEY VS. YOHER A. JIMENEZ (11-07-1355, BERGEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Act (NERA), N.J.S.A. 2C:43-7.2(a).2 On appeal, he argues: [POINT I] DEFENDANT WAS DENIED THE RIGHT TO A FAIR TRIAL DUE … was unquestionably the actual cause of death. He deduced a powerful force must have been inflicted such that Valerie's … intervention." State v. Elders, 192 N.J. 224, 245 (2007) (quoting N.J. Div. of Youth & Family Servs. v. M.M., …
- A-0496-23 Briefs Briefsnjcourts.gov… Legal Argument POINT I: THE TRIAL JUDGE ERRED IN DENYING DEFENDANT’S MOTION … Div. 2002) ..........13 State v. Elders, 192 N.J. 224, (2007)......................... 5 State v. Hodge, 95 N.J. 369 … Jersey Constitution, N.J. Const. art. I, ¶ 7, limits the power of the sovereign to enter our homes and seize our …
- njcourts.gov… as incapacitated and his mother, Daisy, and John were appointed his joint guardians pursuant to N.J.S.A. 3B:12-25. … and is therefore "kin." Defendant argues that the test was powerful evidence that D.J. was actually communicating with … Carmona v. Resorts Int'l Hotel, Inc., 189 N.J. 354, 376 (2007) (quoting Russell v. Rutgers Cmty. Health Plan, 280 …
- njcourts.gov… sentence on count five. Defendant raises the following points for our consideration on appeal: 1 Because this case … our review de novo, State v. Lykes, 192 N.J. 519, 534 (2007), we have no doubt that had defendant moved for … incapable of exercising normal physical or mental power of resistance[.] [N.J.S.A. 2C:44-1(a)(2).] Aggravating …
- A-0835-23 Briefs Briefsnjcourts.gov… Appellate Division, April 19, 2024, A-000835-23 i TABLE OF CONTENTS TABLE OF AUTHORITIES … 5 POINT I. THE STANDARD OF REVIEW (Raised Below: T1; Pa36) … Card Bank of Ga. v. Tennesen, 390 N.J. Super. 123 (App.Div.2007) … for the licensing of small loan companies and granted power to the Commissioner of Banking and Insurance to reject …
- GEORGE T. DAGGETT VS. MICHAEL SYDOR (DC-001112-23, SUSSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… 298 (App. Div. 2021) (quoting Est. of Campagna v. Pleasant Point Props., LLC, 464 N.J. 153, 171 (App. Div. 2020)). A … and patients. See Jerkins v. Anderson, 191 N.J. 285, 296 (2007) (students and teachers); J.S., 155 N.J. at 351 … simply neighbors. Neither had control over the other. No power imbalance existed between the parties. Further, the …
- STATE OF NEW JERSEY VS. JEFFREY T. MORTON (MA-22-017, MONMOUTH COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… N.J.S.A. 39:4-50. Defendant appealed, arguing the following points: A. WHETHER THE STOP MADE BY POLICE OFFICER PITTIUS … the uncalled witness is peculiarly within the control or power of only the one party, or that there is a special … State v. Velasquez, 391 N.J. Super. 291, 308 (App. Div. 2007) (citation omitted). Where the witness's testimony is …