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- A-1271-20 Opinionnjcourts.gov… to prepare a rebuttal report and scheduled an appointment to be evaluated on March 18. Due to the COVID-19 … Doe's appeal. Administrative agencies have the "inherent power . . . in the absence of legislative restriction, to … support in the record." In re Herrmann, 192 N.J. 19, 27-28 (2007). The burden of proving a decision was arbitrary, …
- 010919-2018 Opinionnjcourts.gov… Super. 366, 383 4 (App. Div.), certif. den. 190 N.J. 395 (2007); L&L Oil Service, Inc., v. Dir., Div. of Taxation, 340 … Constitution provides that “. . . Congress shall have power to lay and collect taxes on incomes, from whatever … Very truly yours, Christine Nugent, J.T.C. … 010919-18opn.pdf … 010919-2018 …
- A-2328-18T3 Opinionnjcourts.gov… 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 …
- A-3531-15T4 Opinionnjcourts.gov… not described in the original deeded easement. From August 2007 until April 2012, Lemad and the Honachefskys engaged in … of the settlement agreement. The court gave Lemad limited power of 7 A-3531-15T4 attorney to begin the work on the … We can discern no abuse of discretion. Affirmed. … a3531-15.pdf … A-3531-15T4 …
- A-4553-15T4 Opinionnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … ACE was responsible for the cost of relocating high-voltage power lines and a guy-wire in connection with construction … this opinion. We do not retain jurisdiction. … a4553-15.pdf … A-4553-15T4 …
- A-36-15 Opinionnjcourts.gov… documents, as well as the S.P.C.A. agent vested with the power to enforce all laws for the protection of animals. In … to the official-misconduct statute. Likewise, Judge Palmer pointed out that the Pemberton Rescue Squad performed a … squad that assisted firefighters on the scen … a_36_15.pdf … A-36-15 …
- A-1257-15T2 Opinionnjcourts.gov… dollars. On appeal, defendant argues the following points: POINT I. THE RULING BELOW UNDERMINED DUE PROCESS AND … vested with the conduct of the college. It shall have the power and duty to: . . . . c. Determine policies for the … a written opinion." R. 2:11-3(e)(2). Affirmed. … a1257-15.pdf … A-1257-15T2 …
- A-0963-17T3 Opinionnjcourts.gov… violating N.J.S.A. 39:4-561 and N.J.S.A. 39:3-74,2 arguing: POINT I MUNICIPAL PROSECUTOR FAILED TO FULFILL HIS DUTIES. … of judicial efficiency." While courts have the inherent power "to control the filing of frivolous motions and to … this opinion. We do not retain jurisdiction. … a0963-17.pdf … A-0963-17T3 …
- A-0667-16T4 Opinionnjcourts.gov… sexual abuse. In February 2012, Jason reached a breaking point when he "felt like [he] couldn't bottle it up anymore … he had been convicted of two disorderly persons offenses in 2007. The court gave substantial weight to aggravating … "[a] trial 14 A-0667-16T4 court . . . must have the power to tightly control its own calendar so that the …
- A-2055-16T1 Opinionnjcourts.gov… 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 … Division, were properly precluded. Affirmed. … a2055-16.pdf … A-2055-16T1 …
- A-63-13 Opinionnjcourts.gov… 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. …
- A-0347-10 Opinionnjcourts.gov… of water one degree Fahrenheit, measured at its heaviest point. When speaking of cooling power, the BTU works in reverse. The air-cooling power of an … certif. denied, 197 N.J. 476 (2009). Affirmed. … a0347-10.pdf … A-0347-10 …
- A-4503-19T4 Opinionnjcourts.gov… raises the following contentions for our consideration: POINT I THE MOTION JUDGE'S FINDING THAT … a motion under this Rule is "an extension of the sentencing power," and "is committed to the sound discretion of the … in this opinion. R. 2:11-3(e)(2). Affirmed. … a4503-19.pdf … A-4503-19T4 …
- A-2936-15T3 Opinionnjcourts.gov… see N.J.A.C. 10:71-4.10(a). Because petitioner at no point in the proceedings offered any competent evidence to … petitioner's attorney merely moved into evidence the power of attorney petitioner executed naming her daughter … we affirm. R. 2:11- 3(e)(1)(D), (E). Affirmed. … a2936-15.pdf … A-2936-15T3 …
- A-3775-16T3 Opinionnjcourts.gov… and joined the three individuals in conversation. At some point, C.M. gave Lillian sixteen dollars and dispatched her … or incapable of exercising normal physical or mental power of resistance); three, N.J.S.A. 2C:44-1(a)(3) (the … e.g., State v. Purnell, 394 N.J. Super. 28, 53 (App. Div. 2007) (removing the victim up an additional flight of stairs …
- A-2072-19 Opinionnjcourts.gov… 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 …
- A-1340-14T3 Opinionnjcourts.gov… 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 …
- A-0901-21 - STATE OF NEW JERSEY VS. ELLIOTT WRIGHT TAYLOR (20-12-0940, BERGEN COUNTY AND STATEWIDE) Opinionnjcourts.gov… 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 …
- A-2696-20 Opinionnjcourts.gov… 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, …
- A-89-18 Opinionnjcourts.gov… 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 …