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… Argued April 10, 2019 — Decided May 1, 2019 Before Judges Alvarez and Mawla. On appeal from Superior Court … and a revolver on the driver's seat of the vehicle. He placed Dunbrack into custody and sat her in the backseat of … 1. That . . . defendant or defendants were in the course of committing a theft; 2. While in the course of committing …
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… Submitted February 26, 2019 – Decided April 25, 2019 Before Judges Gilson and Natali. On appeal from Superior Court … confirmed the arbitration award and directed the City to comply with the award. In making that ruling, the Chancery … complaint was filed in accordance with the procedure in place at that time, prior to the effective date of the …
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… Argued October 18, 2018 – Decided March 18, 2019 Before Judges Simonelli, O'Connor and DeAlmeida. On appeal … the roots. Then, either the county or municipality will replace the slab that has been removed. At times, the county … of a tree planted pursuant to the City of Linden Shade Tree Commission planting program, or (b) work performed by City …
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… Submitted March 4, 2019 – Decided July 3, 2019 Before Judges Sumners and Mitterhoff. On appeal from the … his discretion in denying defendant's motion and did not commit plain error in viewing a video of defendant eluding … to deter defendant's actions. Defendant was apprehended and placed under arrest. A limousine driver at the cemetery …
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… Argued May 13, 2019 – Decided May 29, 2019 Before Judges Fasciale and Rose. On appeal from Superior Court … test. She recited the alphabet with slurred speech. Mazer placed defendant under arrest for DWI. After conducting a … 157 N.J. 463, 471-72 (1999). The rule of deference is more compelling where, as here, the municipal and Law Division …
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… Submitted May 28, 2019 – Decided June 10, 2019 Before Judges Gooden Brown and Rose. On appeal from Superior … DEFENDANT'S FIFTH AMENDMENT RIGHTS, AND/OR THE NEW JERSEY COMMON LAW PRIVILEGE AGAINST SELF-INCRIMINATION. POINT IV … defendant repeated he had a "medical problem." Gordon placed defendant under arrest for DWI. At the police …
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… Submitted January 15, 2019 – Decided August 6, 2019 Before Judges Suter and Geiger. On appeal from the New Jersey … Michael Barry (petitioner) appeals a final decision by the Commissioner of the Department of Environmental Protection … the terms of the permit. He claimed the construction took place entirely outside of the area restricted by the …
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… Submitted April 3, 2017 – Decided Before Judges Nugent and Currier. On appeal from the Superior … IT MAY CONCERN: 3 A-3427-15T2 NOTICE IS HEREBY GIVEN of the commencement of suit in the Superior Court of New Jersey, … the Wizorek children were removed from Felmlee's care and placed into the custody of the Division of Child Protection …
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… MIND NUTRITION, Plaintiffs-Appellants, v. AMGUARD INSURANCE COMPANY, Defendant, and KAPATOES INSURANCE SERVICES and MARK … Submitted November 27, 2017 – Decided Before Judges Sabatino and Whipple. On appeal from Superior … coverage, plaintiffs contacted Kapatoes to obtain replacement coverage with a different insurer. After a series …
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… Submitted October 30, 2017 – Decided Before Judges Ostrer and Rose. On appeal from Superior Court … opinion: In brief, the kidnapping and assault took place in the pre-dawn hours of November 21, 2009. The victim … to a new trial based upon newly discovered evidence. In a comprehensive oral opinion issued on January 8, 2016, Judge …
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… Argued April 4, 2017 — Decided June 20, 2017 Before Judges Koblitz and Sumners. On appeal from Superior … judgment to the Borough that had dismissed plaintiff's complaint "seeking remedies for a regulatory taking" by … untimely was mistaken because "from the colloquy that took place on the day the verdict was received, it was clearly …
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… ESQ., Defendants-Respondents, and FRAZER EVANGELISTA & COMPANY, LLC, and RALPH J. EVANGELISTA, Defendants. Argued October 3, 2017 – Decided Before Judges Yannotti and Carroll. On appeal from the … I. We provide a detailed procedural history in order to place this appeal in proper perspective. In October 2009, …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … found that, when defendant failed to abide by Berardis's command to stop and instead fled, there was probable cause … officers' actions A-4773-14T2 7 can be justified under the community-caretaking doctrine, see State v. Cassidy, 179 …
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… Submitted March 21, 2017 – Decided Before Judges Yannotti and Gilson. On appeal from Superior … to three other separate crimes: fourth- degree violation of community supervision for life, N.J.S.A. 2C:43-6.4(d); … an individual on the street, or in another public place, and 'by asking him [or her] if he [or she] is willing …
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… and KATHYE QUICK, in her capacity as RECORDS CUSTODIAN FOR SOMERSET COUNTY, Defendants-Respondents. … by the trial court on October 9, 2015, dismissing his complaint with prejudice. We affirm. I. This appeal arises … pointed out that the County's OPRA request form did not place citizens on notice that personal information in the …
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… Submitted February 27, 2017 – Decided Before Judges Nugent and Haas. On appeal from Superior Court … appeals from an order of summary judgment dismissing her complaint. Her complaint alleged defendant Stella Gardens … from a State agency because she had previously been displaced from an apartment in Irvington. When her State …
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… Argued September 27, 2017 – Decided Before Judges Fuentes, Manahan and Suter. On appeal from … August 1, 2013, to provide proof of a written mortgage commitment in the amount of $150,000, in furtherance of her … home for $215,000. 4 A-1950-15T2 been going all over the place over the last several years so I don't find any basis …
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… Argued November 29, 2017 – Decided Before Judges Fuentes and Manahan. On appeal from Superior … to -35. The FRO was issued based upon a finding that E.G. committed the predicate act of harassment. N.J.S.A. … response, H.G. attempted to leave the room where this took place to go to the bathroom. E.G. followed her until she …
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… Argued January 7, 2019 – Decided January 31, 2019 Before Judges Messano and Gooden Brown. On appeal from … Thompson (collectively defendants), and dismissing her complaint with prejudice.1 She also appeals from a November … her position was eliminated, and allege[d] that she was replaced by . . . a younger, non-Black, non-disabled, less …
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… Submitted February 10, 2021 – Decided March 4, 2021 Before Judges Vernoia and Enright. On appeal from the New … (DOC) upholding a hearing officer's finding that he committed prohibited acts *.306, conduct which disrupts or … escorted for a medical examination. Subsequently, he was placed in a "dry cell," which is designed to monitor inmates …