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… 1 NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS AMBOY BANK F/K/A AMBOY NATIONAL BANK, … there is no clear guidance when trial testimony is underway. Accordingly, this opinion presents a novel legal issue. … work product doctrine, trial testimony is far different. Ultimately, “[e]ach case must be dealt with on the basis of …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … employee with a sixty-day probationary period. Plaintiff completed Saker's application for employment and received … 6 Under this framework, "a plaintiff retains the ultimate burden of persuasion at all times; only the burden …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … Cross-Respondents, v. JEFFERSON INSURANCE COMPANY, WORLD ACCESS SERVICE CORP., Defendants-Respondents/ … storm when they purchased their policy. The Van Sauns ultimately filed suit against Jefferson and others in …
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… Submitted March 28, 2023 – Decided June 29, 2023 Before Judges Messano and Gilson. On appeal from the Superior … Winters guilty of first-degree kidnapping and conspiracy to commit that crime, and robbery and conspiracy to commit that … alleged in the light most favorable to the defendant, will ultimately succeed on the merits.'" State v. Porter, 216 …
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… Submitted September 11, 2024 – Decided September 17, 2024 Before Judges Rose and DeAlmeida. On appeal from the Superior … from an October 7, 2022 Law Division order dismissing her complaint with prejudice for failure to provide discovery … Super. 173, 181 (App. Div. 1999). We therefore conclude the ultimate sanction imposed was neither unjust nor …
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… litigation ensued in this court and the trial court. Ultimately, this court affirmed the trial court's order … during the appellate litigation, Soifer passed away. The parties' attempts to agree upon an arbitrator to … action presenting an order to show cause and a verified complaint seeking the court appoint an arbitrator to …
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… Submitted May 6, 2019 – Decided July 17, 2019 Before Judges Sabatino and Susswein. On appeal from the … that (i) counsel’s assistance was not "within the range of competence demanded of attorneys in criminal cases"; and … "a reasonable likelihood that his or her claim will ultimately succeed on the merits." State v. Marshall, 148 …
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… Submitted August 7, 2018 – Decided Before Judges Sabatino and Mawla. On appeal from Superior … client's risks of deportation. The record is bereft of any competent proof that such affirmative misadvice was provided … negotiated plea bargain to a third-degree offense ultimately yielded him a very favorable non-custodial …
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… Submitted February 5, 2019 – Decided Before Judges Rothstadt, Gilson and Natali. On appeal from the … and the second on March 1, 2017, as to J.C.'s available income for pre-eligibility medical expenses (PEME). J.C.'s … ruling may be reviewed or challenged before the agency, and ultimately by this court if further review is sought. …
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… J. Stayton, Jr., argued the cause for appellant (Ridgway & Stayton, attorneys; Herbert J. Stayton, Jr., on the … traumatic event and not the result of his negligence, but ultimately determined that his disability was not the direct … intervention of other contributive causes or the like, or a combination of such factors"); Petrucelli v. Bd. of Trs., …
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… Submitted September 24, 2018 – Decided Before Judges Sabatino and Mitterhoff. On appeal from Superior … make a right turn at a stop sign without appearing to come to a full stop. The officer activated his lights and … N.J. 94, 103 (2017). It is "inconsequential" defendant was ultimately acquitted of failing to stop at a stop sign. …
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… Argued October 17, 2018 – Decided March 21, 2019 Before Judges Ostrer and Currier. On appeal from the Board of … will be cancelled in 30 days, and the member must complete a new disability application for a future … retirement." The Division also informed Williams that she ultimately bore the responsibility for submitting the …
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… – Remanded January Resubmitted July 7, 2017 – Decided Before Judges O'Connor and Whipple. On appeal from Superior … days before trial, and the trial court did not weigh the competing interests prior to applying Rule 1:1-2 to relax … provided in discovery by defendant Egierd were accurate. Ultimately, the judge concluded, 6 A-5502-14T1 It has to be …
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… Kimberly Green appeals the January 19, 2016 denial of community release by respondent New Jersey Department of … Community Release, administrative move back to EMCF, and ultimate denial of community release was arbitrary, … Stallworth, 208 N.J. 182, 194 (2011) (quoting Henry v. Rahway State Prison, 81 N.J. 571, 579 (1980)). "An appellate …
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… Submitted April 23, 2018 – Decided May 4, 2018 Before Judges Ostrer and Rose. On appeal from Superior Court … to another vicinage because his trial counsel had become a judge in the same vicinage where defendant was tried … 594, 631 (1990) (noting the decision whether to testify ultimately lies with the defendant, and it "is an important …
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… Starbucks was then leasing across the street , filed a complaint in lieu of prerogative writs challenging the site … the parking variance was arbitrary and capricious and its ultimate interpretation of the ordinance erroneous. Judge … and entitled to some deference. See DePetro v. Twp. of Wayne Planning Bd., 367 N.J. Super. 161, 174 (App. Div. …
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… APPELLATE DIVISION DOCKET NO. A-5554-14T3 RUGIATU SESAY, Complainant-Appellant, v. BAYSHORE COMMUNITY HOSPITAL, … Submitted April 4, 2017 – Decided Before Judges Ostrer and Vernoia. On appeal from the New … supra, 109 N.J. at 588). We "will not upset an agency's ultimate determination unless the agency's decision is shown …
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… a firearm at a law enforcement officer, Lorenzo Pettway. State v. Harris, No. A-5809-08, (App. Div. July 31, … points: POINT I: THE PROSECUTOR'S CROSS-EXAMINATION AND COMMENTS REGARDING DEFENDANT'S DELAY IN CLAIMING … alleged in the light most favorable to the petitioner, will ultimately succeed on the merits." R. 3:22-10(b). However, a …
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… v. Davis, 213 N.J. 396 (2013). A-3593-14T4 3 The State ultimately dismissed the robbery charge remanded for retrial … Defendant's convictions arise out of an armed robbery committed in Newark during the evening of September 15-16, … pulled the trigger, but the gun did not fire. After he got away, Leonard called the police and then 1 We employ the use …
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… program that allows defendants to avoid "the stigma accompanying a verdict of guilt to any criminal offense." … the events of November 30, 7 A-3254-14T1 2012, was ultimately denied after she had been placed on probation. Thus, defendant's prior criminal contacts, together with the most recent arrest, establish valid reasons …