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… in PERS on September 1, 1993. In August 2001, he was appointed First Deputy Coordinator of Emergency Management in … the record. Univ. Cottage v. Env't Prot., 191 N.J. 38, 48 (2007). Accordingly, "[i]n reviewing the factual findings … Div. 1995) (quoting Pine Belt Chevrolet v. Jersey Cent. Power, 132 N.J. 564, 578 (1993)). Accordingly, based on the …
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… that would, if granted, compel her late husband’s estate to convey to her the estate’s Florida condominium unit and a 2007 Lincoln MKX in exchange for her payment of their … Deborah has cited nothing that would suggest this court’s power to compel the relief she seeks.3 Instead, she invokes …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … 182, 195 (2011) (quoting In re Carter, 191 N.J. 474, 484 (2007)). The trial court should recognize that on de novo … conformity with its delegated authority. The [c]ourt has no power to act independently as an administrative tribunal or …
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… divide the proceeds from the sale. An August 2016 order appointed a realtor for the property. The apartment was one of … property within thirty (30) days of the execution of the Power of Attorney, [d]efendant shall be entitled to purchase … MacKinnon v. MacKinnon, 191 N.J. 240, 253-54 7 A-0214-18T2 (2007) (alteration in original) (quoting N.J. Div. of Youth & …
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… presents the following arguments for our consideration: POINT I THE TRIAL COURT DEPRIVED [DEFENDANT] OF A TRIAL … standards are traditionally within the broad discretionary powers vested in the trial court and 'its exercise of … of Trs., Police & Firemen's Ret. Sys., 192 N.J. 189, 195 (2007)). N.J.S.A. 2C:40-26(b) defines the crime for which …
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… of what caused him to fall, William recalled: At some point last year, there was a -- I'm sure that I had gone … v. AHL Servs., Inc., 396 N.J. Super. 486, 494 (App. Div. 2007)). We review issues of law de novo and accord no … in original). Of necessity, a public entity must retain the power and discretion to determine how to allocate scant …
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… found on them. On appeal, defendant raises the following points for our consideration: POINT I THE TRIAL COURT ERRED … and observed defendant "pressing the volume down and the power 7 Miranda v. Arizona, 384 U.S. 436 (1966). 16 … unreasonable," State v. Elders, 192 N.J. 224, 246 (2007), "the State bears the burden of demonstrating by a …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … 1992). On appeal, defendant raises the following arguments: POINT I THE TRIAL COURT'S DENIAL OF DEFENDANT'S APPLICATION … N.J. 123, 135 (1985). "It is an extension of the sentencing power of the court, involving the same complexity as the …
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… of Trs., Police and Firemen's Ret. Sys., 192 N.J. 189, 196 (2007). Hartnett's sole contention, raised for the first time … direct conflict with N.J.A.C. 4A:2-6.1, which allows the appointing authority discretion when accepting or rejecting a … of Personnel . . . and transferring its functions, powers, and duties, . . . ." to the "Civil Service …
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… tort claims, malicious prosecution and abuse of process. We conclude the trial court correctly rejected plaintiff's … Volkswagen's report of his theft of the car. On May 7, 2007, those charges were dismissed. Griffin subsequently … proceeding; (4) an arbitrator exceeded the arbitrator's powers; (5) there was no agreement to arbitrate, unless the …
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… of a particular field." In re Herrmann, 192 N.J. 19, 28 (2007). Further, the reviewing court is to provide a "'strong … the NJSTL's refrigerator before testing. However, Bomar points to no rule or caselaw requiring the person who … 550, 578 (1982)). The reviewing court does not have the power "to substitute its judgment for that of the agency." …
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… the Acting Director found that the protesting bidders' "points are moot and need not be addressed at this time." … Cottage v. N.J. Dep't of Envtl. Prot., 191 N.J. 38, 48 (2007)). "However, we defer to an agency's interpretation of … restriction, administrative agencies have the inherent power to reopen or to modify and to rehear orders that have …
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… girls and boys made him 5 A-1554-14T2 feel "important and powerful" because he had "control over them." C.F. reported … Commitment of T.J.N., 390 N.J. Super. 218, 226 (App. Div. 2007)). The findings of the trial court "should be disturbed … 11 A-1554-14T2 We have said, "[T]here is a tipping point where due process is violated by the use of hearsay," …
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… asserted that passport offices were closed and not taking appointments; that the child was recently sick; that plaintiff … rel. Baldi v. Reynes, 396 N.J. Super. 553, 562 (App. Div. 2007) (discussing parens patraie powers over a minor's estate). The court engaged in the …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … agreement designating an arbitrator and affording him powers under the AAA Commercial Rules, the New Jersey … PBA Local 124 v. Township of Middleton, 193 N.J. 1, 11 (2007)). With these principles in mind, we turn to …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … the hearing whether Amado had associated with Cernadas and Manual Rodriguez, "under circumstances where such … Id. at 197-98 (quoting In re Carter, 191 N.J. 474, 482 (2007)). Our "deferential standard" of review also applies to …
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A-32-24 Pashman Stein et al. Amicus Curiae Brief
Briefs
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… 9, 11 Ghandi v. Cespedes, 390 N.J. Super. 193 (App. Div. 2007) … rejected. By contrast, the "good cause" standard empowers trial courts to allow remote testimony where defense … that evidence. As the Federal Judicial Center's Reference Manual on Scientific 15 Evidence explains: Adversarial …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … (App. Div. May 16, 2013) ("Des Champs II"). By this point the DEP determined that the contested factual issues … it is "well established" that a jurist "'has the inherent power to exercise in [his or her] sound discretion, to …
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… defendant less than a month after the erasure.2 By that point, there was no recording for the State to produce. In … an adverse inference instruction. Notably, our courts' power to order discovery is not limited to the express terms … 389 (2008) (quoting State v. Williams, 190 N.J. 114, 131 (2007)). A-2023-15T2 27 going to be for your consideration, …
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… raises the following arguments for our consideration: POINT I CERTAIN EVIDENTIARY RULINGS BY THE TRIAL COURT … A-0831-18 facts." State v. Wakefield, 190 N.J. 397, 485-86 (2007) (quoting State v. Loftin, 146 N.J. 295, 365 (1996)). Under these circumstances, the trial judge has the power to grant a mistrial, but this power "is to be …