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… Defendants. _______________________________ NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … several luxury residential high-rise apartment buildings comprising about 1200 units, multiple commercial retail … unless Shipyard's evidence justified modifying the original PUD approval which included the tennis courts. But, …
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… Argued September 28, 2017 – Decided Before Judges Simonelli, Haas and Gooden Brown. On appeal from … no new violent criminal activity flag. Pretrial Services recommended no release. The State filed a motion for … or inappropriate factors.'" Id. at 255 (alteration in original) (quoting State v. Steele, 430 N.J. Super. 24, …
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… Submitted February 6, 2018 – Decided Before Judges Hoffman and Gilson. On appeal from Superior … father. The note informed that Sean had hit his head and recommended that the father should monitor Sean for certain … evidence or other data.'" Id. at 53-54 (alteration in original) (quoting Polzo, 196 N.J. at 583). Therefore, …
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… Argued January 24, 2018 – Decided Before Judges Koblitz and Manahan. On appeal from Superior … The search revealed a black Airsoft pistol in the glove compartment, $930 cash in the center console, and a tactical … Bielkiewicz, 267 N.J. Super. at 528 (alteration in original) (quoting State v. Weeks, 107 N.J. 396, 410 …
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… Submitted May 22, 2018 – Decided June 22, 2018 Before Judges Yannotti and DeAlmeida. On appeal from Superior … WITH THE CODE OF CRIMINAL JUSTICE. IV. PROSECUTORIAL COMMENT SUGGESTING THAT [DEFENDANT] TAILORED HIS TESTIMONY … following arguments: POINT I THIS COURT SHOULD EXERCISE ITS ORIGINAL JURISDICTION PURSUANT TO [RULE] 2:10-5 AND REVIEW …
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… Submitted April 18, 2018 – Decided Before Judges Alvarez and Currier. On appeal from Superior … gun that he was not selling, describing it as a "little sub-compact joint that shit spit rapid." The prosecutor asked … was proffered to show that the crime committed did not originate with the State or its agent, but rather was …
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… EMILY MURRAY, Plaintiff-Appellant, v. MANORCARE-WEST DEPTFORD OF PAULSBORO NJ, LLC, KARINE PETERSIDE, ROBYN … Plaintiff Emily Murray appeals from a July 25, 2017 order compelling her to arbitrate her Conscientious Employee … to arbitrate arbitrability.'" Id. at 304 (alterations in original) (quoting 10 A-5640-16T1 First Options, 514 U.S. at …
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… Court January 11, 2018 Submitted April 17, 2018 – Decided Before Judges Yannotti, Carroll and DeAlmeida. On appeal from … Gonzalez, attorney for respondent. PER CURIAM This matter comes before us on remand from the Supreme Court. At issue … if there's not something wrong. [Id. at 365 (alterations in original).] Noting an emerging line of precedents from other …
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… Submitted May 1, 2018 – Decided May 24, 2018 Before Judges Hoffman and Mayer. On appeal from Superior Court … the car, show his hands, and exit the vehicle. Defendant complied. Detective Robert Duffy and fellow officers … result." Noble, 398 N.J. Super. at 593 (alteration in original) (quoting State v. Brown, 190 N.J. 144, 160 …
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… Submitted January 22, 2018 – Decided Before Judges Messano and Vernoia. On appeal from Superior … 10(a), and second-degree possession of a weapon while committing a CDS offense, N.J.S.A. 2C:35-5(a) and N.J.S.A. … WHEN THE TRIAL COURT ORDERED THE JURY TO DISREGARD HIS ORIGINAL INSTRUCTIONS ON THE WEAPON POSSESSION COUNTS …
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… Argued May 16, 2018 – Decided June 5, 2018 Before Judges Alvarez, Nugent and Currier. On appeal from … invoice and send it to his homeowner's insurance company for payment. Following an investigation, authorities … Ethics, 224 N.J. 470, 476 (2016) (second alteration in original) (quoting N.J. Const., art. VI, § 2, ¶ 3). 16 …
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… Argued May 21, 2018 – Decided June 27, 2018 Before Judges Ostrer, Rose and Firko. On appeal from Superior … M.D.'s motion for summary judgment and dismissing her complaint with prejudice for her failure to serve a Notice … to a rule of liberality' in filing." Ibid. (alteration in original). The TCA, however, does not define "extraordinary" …
default
… ASSISTANCE AND HEALTH SERVICES and UNITED HEALTHCARE COMMUNITY PLAN, Respondents-Respondents. … Argued January 7, 2019 – Decided February 4, 2019 Before Judges Fasciale and Gooden Brown. On appeal from the … rules governing the administration of the Medicaid program originate from State and federal law, 6 A-0230-17T4 and not …
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… Argued May 24, 2017 – Decided Before Judges Accurso, Manahan and Lisa. On appeal from … on the brief). PER CURIAM There is only one issue in this competitive bidding dispute brought by plaintiff Gilberto … to WMNJ's response to Question No. 13 and "reaffirm[ed] its original finding that WMNJ's submitted financial statements …
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… Submitted May 10, 2017 - Decided July 18, 2017 Before Judges Lihotz and Whipple. On appeal from Superior … DID NOT HAVE PROBABLE CAUSE TO BELIEVE THAT [DEFENDANT] COMMITTED A VIOLATION OF N.J.S.A. 2C:33-2.1. THEREFORE, THE … v. Simon, 79 N.J. 191, 205 (1979) (stating that errors originating with a defendant generally cannot serve as a …
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… Submitted March 21, 2017 – Decided Before Judges Yannotti and Sapp-Peterson. On appeal from … CONDUCT BY THE PROSECUTOR DURING THE TRIAL AND CERTAIN COMMENTS DURING SUMMATION WERE GROSSLY PREJUDICIAL AND … NOT ALLOWING DEFENDANT TO QUESTION MR. HOGGES REGARDING HIS ORIGINAL STATEMENT TO POLICE THAT AN UNKNOWN MAN SHOT HIM. …
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… Submitted December 20, 2016 – Decided Before Judges Yannotti and Kennedy. On appeal from Superior … open the door." Sarkos banged on the door and heard a commotion from inside the room and the sound of running … State v. Bolvito, 217 N.J. 221, 228 (2014) (alteration in original) (quoting State v. Roth, 95 N.J. 334, 364-65 …
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… Submitted April 27, 2017 – Decided Before Judges Hoffman, O'Connor and Mawla. On appeal from … R.1:36-3. May 23, 2017 2 A-5770-14T1 with conspiracy to commit second-degree aggravated assault, N.J.S.A. 2C:5-2 and … State v. Adams, 194 N.J. 186, 207 (2008) (alteration in original) (quoting State v. Jordan, 147 N.J. 409, 422 …
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… Argued April 6, 2017 – Decided Before Judges Hoffman and Whipple. On appeal from Superior … her mother, so Dave could go there. The Division filed a complaint seeking custody of Dave on June 13, 2014, and an order to show cause hearing was held. While the Division originally sought custody of Dave in its complaint, at the …
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… Argued April 25, 2017 – Decided Before Judges Fisher, Vernoia and Moynihan. On appeal from the … was not liable for damages arising out of sexual abuse committed against John Doe by one of the District's former … result.'" Risko, supra, 206 N.J. at 521 (alterations in original) (quoting Lindenmuth v. Holden, 296 N.J. Super. 42, …