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… Jennifer M. Herrmann, on the brief). PER CURIAM In November 2007, plaintiff Deborah Trout was elected Sheriff of … December 31, 2010. At the beginning of her term, Trout appointed plaintiff Michael Russo as Undersheriff and … 350-51 (Law Div. 1996), the court described the statutory powers provided by the Legislature to the Sheriff, a …
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… parent of primary residence for both children. 3 At some point a restraining order was filed in favor of Phil against … Hand v. Hand, 391 N.J. Super. 102, 111 (App. Div. 2007). "[B]ecause of the family courts' special jurisdiction … characterized. "The Family Court possesses broad equitable powers to accomplish substantial justice," Finger v. Zenn, …
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… that extant New Jersey case law was not sufficiently on point to guide its determination of which of the two … In In re Lead Paint Litigation, 191 N.J. 405, 436-37 (2007), the Court scrutinized a nuisance-based pleading and, … to confer on the Attorney General the broadest kind of power to act in the interest of the consumer public.” Kugler …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … of the holding in Erie, the arbitrator noted that in 2007, the Equal Employment Opportunity Commission (EEOC), in … the arbitrators exceeded or so imperfectly executed their powers that a mutual, final and definite award upon the …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … in my stead, which is . . . the best route to go at this point, not to complicate issues. After some remarks from … because the Board's action usurped the legislative power accorded the Council, which had amended the zoning …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … . . . AN ACT THAT WOULD SUPERCEDE THIS EXCLUSIVE POWER AND AUTHORITY GIVEN THE COURTS OF NEW JERSEY. 1 Their first and eighth points consist only of a preface and a conclusion. We have …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … Corp., Inc. v. Nowell Amoroso, P.A., 189 N.J. 436, 445-46 (2007) (quoting Brill v. Guardian Life Ins. Co. of Am., 142 … Ltd., 219 N.J. 395, 406 (2014) (quoting Jersey Cent. Power & Light Co. v. Melcar Util. Co., 212 N.J. 576, 594 …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … of Pensions & Benefits, 390 N.J. Super. 209, 213 (App. Div. 2007). This court has stated that "in determining a person's … remarks. The Board found that it did not have the statutory power to permit an early deferment of petitioner's …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … This appeal followed. Defendant raises the following points for our consideration: Point One THE IMPROPER … second factor, helplessness, describes the difference in power between the victim and the abuser, not only physically …
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… 2:3- 1(b)(6) and N.J.S.A. 2C:44-1(f)(2), raising a single point for our consideration: 3 A-0901-21 DEFENDANT'S … corners" by, among other things, undercutting the State's power to escalate its plea offers, and improperly … should be enforced." State v. Means, 191 N.J. 610, 622 (2007). Importantly, however, "the State is free to withdraw …
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… defendant presents five arguments for our consideration: POINT I - THE PROVISION IN THE PLEA AGREEMENT PROVIDING FOR … State v. Thomas, 392 N.J. Super. 169, 180 (App. Div. 2007) (quoting State v. Bridges, 131 N.J. 402, 409 (1993)). … or an abusive exercise of a prosecutor's discretionary power. Ibid. "[S]o long as the sentencing court does not …
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… the other with the name of defense counsel. The attorney is pointing a gun at Cucci, shooting bullets into his chest, … 55 (2015). "A trial court's exercise of this discretionary power will not be disturbed 12 A-1340-14T3 on appeal 'unless … such unfairness, State v. Francis, 191 N.J. 571, 587 (2007), and failed to meet that burden here. III. Defendant …
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… to testify as to its accuracy. Defendant argues on appeal: POINT I: THE JURY'S USE OF THE ENGLISH- LANGUAGE TRANSCRIBED … in original) (quoting State v. Brown, 190 N.J. 144, 160 (2007)). "[E]rroneous [jury] instructions are almost … A-5299-15T3 prosecutor herself, with all of her education, power, and resources, might not have done "any better" than …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … we are satisfied the court properly exercised its equitable powers by entrusting the child's travel documents to C.V.'s … an FRO it noted her application was not meritless. On this point, the court recounted the trial evidence to support its …
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… APPELLATE DIVISION A-5142-16T4 2 In his appeal from his conviction of third-degree burglary, N.J.S.A. 2C:18-2(a)(1), … presents the following issues for our consideration: POINT I IN THIS FOUR-WITNESS TRIAL, TWO WITNESSES MADE … Such a rule would endow the defendant with the unilateral power to create a self- serving conflict that would compel …
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… of persons.[footnoteRef:1] [1: N.J.S.A. 2C:18-1.] The second element that the State must prove beyond a reasonable … Charge 2C:18 2.2 Charge Section 2C Charges Charge Document PDF File burglary5.pdf Charge Document DOC Residential …
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… penalties. Defendant raises the following issues on appeal: POINT I THE POLICE MADE A WARRANTLESS ARREST OF DEFENDANT IN … 39, 44 (2011) (quoting State v. Elders, 192 N.J. 224, 243 (2007)). "A trial court's findings should be disturbed only … N.J. 114, 126 (2018). "'[T]he trial court has the inherent power . . . to review, revise, reconsider, and modify its …
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A-3463-22 Briefs
Briefs
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… and those similarly situated, Plaintiff-Appellant, v. CONVERGENT OUTSOURCING, INC., and JOHN DOES 1 to 10, … 4 POINT I. The Standard of Review of an Order Dismissing a … 33, 34 Hodges v. Sasil Corp., 189 N.J. 210 (2007) … to be a case-or-controversy over which the federal judicial power can exercise subject 1 See, e.g., Shiyang Huang v. …
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… discretion to repurchase unused sewer capacity. In December 2007, plaintiff purchased property in Readington Township … authority to delegate to municipalities the police power to enact ordinances governing the nature and extent of … rights 24 “cannot be held in perpetuity” and that at some point the Township has a duty to recapture unused capacity. …
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… in procuring the award; (2) Partiality of an umpire appointed as a neutral; (3) In making the award, the umpire’s exceeding their power or so imperfectly executing that power that a final … v. State Farm Ins. Co., 396 N.J. Super. 472, 476 (App. Div. 2007). Thus, we may exercise our supervisory function "to …