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… . . . on the wall." As members of the group "stood up" to comply with this command, Jimenez saw defendant … Moreover, "[p]eople, generally, are free to go on their way without interference from the government. That is, after … is based on specific and articulable facts which, taken together with rational inferences from those facts, give rise …
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… Submitted February 27, 2024 – Decided May 2, 2024 Before Judges Gooden Brown and Puglisi. On appeal from the … to the church and speak with a police officer there. They complied. Police used OnStar to locate the Cadillac, which … 199 N.J. at 358). That said, "courts are permitted leeway to choose to examine first whether a defendant has been …
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… denial. The ALJ found the "[petitioner] substantially complied with all regulations and directives of the case … N.J. Super. 440, 443-44 (App. Div. 2006)). "[W]e are 'in no way bound by the agency's interpretation of a statute or its … 543, 561-62 (1989). When this bedrock principle is read together with the above regulations, we easily reach the …
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… Submitted October 17, 2024 – Decided November 19, 2024 Before Judges Currier and Marczyk. On appeal from the Superior … Albasir appeals from the June 26, 2023 order dismissing his complaint based on a breach of contract claim against … UPA] again with [his] claim number and explain there is no way to retrieve [an escheatment] letter from the [p]aying …
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… from the Hillside Police Department interviewed H.G. and completed an investigation report. The officer wrote that … she demonstrated a hand gesture (four fingers of her hand together moving up and down)." H.G. demonstrated the touching … offense, noting beforehand that "[t]hese examples are in no way intended to be exclusive." Id. at 5. In regard to …
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… a marital settlement agreement (MSA) and were divorced by way of a Dual Final Judgment of Divorce (DFJOD). The parties … a significant issue during their divorce was their incomes. Relevant to plaintiff's alimony obligation, in … paragraphs ten, eleven, and twelve of the MSA read together, demonstrate the parties' objective in conducting …
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… Argued October 1, 2018 – Decided October 31, 2018 Before Judges Fasciale and Rose. On appeal from the Board of … two back. The suspect was not responsive to the officers' commands. The suspect bent down to pick up an object[,] … not point and fire a weapon if a non-suspect is in the way. He further stated that an officer is expected to fire …
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… Argued October 11, 2018 – Decided October 31, 2018 Before Judges Nugent and Mawla. On appeal from Superior Court … software revealed the discrepancy. As a result, a complaint-summons charged defendant with knowingly … Wallace, 146 N.J. at 582-83 (quoting State v. Ridgway, 208 N.J. Super. 118, 130 (Law Div. 1985)). "Thus, the …
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… Michael Barry (petitioner) appeals a final decision by the Commissioner of the Department of Environmental Protection … conservation restriction was recorded, DEP argued the only way for petitioner to modify or release it would be to … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no …
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… Submitted January 10, 2019 – Decided July 30, 2019 Before Judges O'Connor and DeAlmeida. On appeal from the New … use variance and site plan approval. After the NJSEA staff commenced public hearings, MEPT withdrew its application … 516, 521 (App. Div. 2000). That said, we are not in any way "bound by the agency's interpretation of a statute or …
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… Plaintiffs-Appellants, v. STATE FARM FIRE AND CASUALTY COMPANY, Defendant-Respondent. __________________________ … that she did not provide the false information. And by the way, in the event of appellate review, I’ll accept — for … court accepts the truth of the plaintiff's evidence together with the legitimate inferences that the evidence …
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… their answer, and denied their cross-motion to dismiss the complaint. We affirm. On November 2, 2006, Yakov Rychik … servicing rights to JPMorgan Chase Bank, N.A. (JPMorgan) by way of limited power of attorney, and in August 2013, … the evidence submitted by the parties on the motion, together with all legitimate inferences therefrom favoring the …
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… Argued September 26, 2018 – Decided Before Judges Nugent and Mawla. On appeal from Superior Court … his recollection. He also contends the trial court compounded the error by making a prejudicial remark when his … is anything other in his report, or I'm sure you have other ways of cross- examining him. He may refer to his report. …
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… Submitted September 20, 2018 – Decided Before Judges Accurso and Vernoia. On appeal from Superior … for many years and at various times owned three trucking companies, 3 A-5389-16T2 J.K. Enterprises, Koenig … is a shared enterprise, a joint undertaking, that in many ways [ ] is akin to a partnership,"'" Slutsky v. Slutsky, …
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… Argued August 29, 2018 – Decided October 3, 2018 Before Judges Alvarez and Gooden Brown. On appeal from … in the indictment at sentencing, the State agreed to recommend 3 A-1592-16T4 a non-custodial probationary … however, that because "there were no facts in the record by way of certifications to support the claim made in the …
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… Submitted September 12, 2018 – Decided Before Judges Messano and Gooden Brown. On appeal from the New … and indicating that the remaining documents were forthcoming. On September 19, 2016, after L.K.'s representative … agency). "On the other hand, an appellate court is 'in no way bound by the agency's interpretation of a statute or its …
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… Argued October 3, 2017 – Decided Before Judges Sumners and Moynihan. On appeal from Superior … then exited the residence, appeared to direct the CI away from the residence, entered the Lexus and drove to meet … Jersey Division of Motor Vehicle records and defendant's Computerized Criminal History. 4 A-5411-15T1 The motion …
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… Argued May 10, 2018 – Decided June 20, 2018 Before Judges Rothstadt and Gooden Brown. On appeal from the … when Delgado left a meeting with his supervisor and the company's vice president to discuss his job performance. … Delgado "slap[ped] high five with another co-worker on his way out" the door after the meeting. Despite not providing …
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… Submitted February 28, 2018 – Decided Before Judges Alvarez and Geiger. On appeal from Superior … thorough fifteen-page opinion, Judge Robert P. Becker, Jr., comprehensively addressed defendant's claims of error. We … on direct appeal and were barred from reconsideration by way of PCR. See R. 3:22-5; State v. McQuaid, 147 N.J. 464, …
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… Morris, Kraft Foods' parent, with the intent to move away from Philip Morris. Because Kraft Foods, a publically traded company, could secure a better interest rate in the open … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no …