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… on to consider the concept of progressive discipline, she ultimately held: "[T]here can be no conclusion but that … the evidence submitted by the parties on the motion, together with all legitimate inferences therefrom favoring the … Fire Ins. Co., 224 N.J. 189, 199 (2016)); Hitesman v. Bridgeway, Inc., 218 N.J. 8, 26 (2014) (quoting Manalapan Realty, …
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… Submitted January 11, 2021 – Decided April 19, 2021 Before Judges Fasciale and Susswein. On appeal from the … aggravating circumstances proposed by the prosecutor and ultimately found by the sentencing court. Judge Mark P. … indictments against defendant for three separate crimes committed on different dates. On January 26, 2012, defendant …
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… Submitted March 15, 2021 – Decided May 6, 2021 Before Judges Gooden Brown and DeAlmeida. On appeal from the … became a successor party to the agreement with Marraffa. Ultimately, Radbill, LLC voluntarily dismissed its claims … Rehab of NJ, Inc. (Praxis Rehab). On November 3, 2017, a complaint was filed in the Law Division against Marraffa …
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… Assistant Attorney General, of counsel; Jeffrey D. Padgett, Deputy Attorney General, on the brief). NOT FOR … which appellant held the title of Secretary to the Board of Commissioners of a municipal redevelopment agency. For the … et seq., 431 N.J. Super 100, 114 (App. Div. 2013). We ultimately must review legal issues de novo. A.B. v. Div. of …
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… into evidence an expert's opinion that addressed the ultimate issue in this case. Plaintiff, the New Jersey … from a social worker at a hospital, who had observed N.W. come in with her paternal grandmother for medical treatment. … and tried to block the blows with her hands and arms. Partway through the beating, the rod broke, but defendant …
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… very impetuous at the time. He obviously fell under the sway of an older co- defendant who influenced him. There . . … Defendant argued that when these decisions are considered together, the central thesis of these cases renders his … challenge to the validity of Judge Billmeier's analysis and ultimate outcome lack sufficient merit to warrant discussion …
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… Argued July 6, 2021 – Decided September 8, 2021 Before Judges Messano and Suter. On appeal from the Superior … "no legal basis . . . to disturb the factual findings and ultimate decision of the Board." He entered an order … waived upon appeal." N.J. Dep't of Env't Prot. v. Alloway Twp., 438 N.J. Super. 501, 505–06 n.2 (App. Div. 2015) …
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… defendant summary judgment. We affirm. I. This matter comes before us again. We previously affirmed defendant's … title to the property located at 11 Shoshone Trail in Wayne (the property) and signed a mortgage with World … request "another hearing" and "show . . . there was fraud." Ultimately, the judge concluded his "decision in October, …
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… Argued December 1, 2021 – Decided February 1, 2022 Before Judges Whipple, Geiger, and Susswein. On appeal from … an October 30, 2020 summary judgment order dismissing his complaint against the Board of Education of the City of East … damages." However, "that is a question that must ultimately be decided by the jury, acting . . . 'upon …
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… Argued March 14, 2022 – Decided March 28, 2022 Before Judges Sabatino and Rothstadt. On appeal from the … a twenty-four-page written decision. Appellant then filed a complaint in the Law Division seeking to set aside the … that role.2 It was not until January 23, 2020 that PERC ultimately received from appellant's counsel a formal …
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… Submitted November 17, 2021 – Decided April 27, 2022 Before Judges Gilson and Gooden Brown. On appeal from the … for the reasons stated in Judge Stephen J. Taylor's comprehensive opinion. Following a 2011 trial, a jury … alleged in the light most favorable to the defendant, will ultimately succeed on the merits." R. 3:22- 10(b). Moreover, …
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… v. THE TOWNSHIP OF BETHLEHEM, THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF BETHLEHEM, THE ZONING AND … family and ADS in reaching its conclusion. 7 A-2545-20 Ultimately, the trial court found that the contested uses … Had the case against the Township and the Board proceeded together, a less convoluted and more fulsome record would have …
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… (PTI), and agreed to drop the charges if she successfully completed the program. Enrollment into PTI, however, … initially objected to PTI, the record reflects they were ultimately unopposed to defendant's enrollment into the … pleading guilty to a criminal charge." State v. Haulaway, Inc., 257 N.J. Super. 506, 508 (App. Div. 1992). …
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… from the trial court's April 6, 2018 order dismissing its complaint challenging the Supreme Court's authority to … since the revised guidelines left untouched a trial judge's ultimate authority to decide the matters at his or her … Div. 1980)). A-3961-17T2 5 decision as to the merits, as always, rested with the judge deciding the matter based on the …
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… NOT FOR PUBICATION WITHOUT THE APPROVAL OF THE APPELLATE … N.J.S.A. 2C:11-3(a)(1) and (2); second-degree conspiracy to commit burglary, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:18-2; … she was arrested on separate burglary charges. Ibid. Ultimately, Hernandez pled guilty to the burglary 9 …
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… Submitted May 22, 2023 – Decided June 13, 2023 Before Judges Gooden Brown and DeAlmeida. On appeal from the … would also be dismissed. 3 A-1875-21 ensuring that the plea complied with the requirements of Rule 3:9-2, the trial … alleged in the light most favorable to the defendant, will ultimately succeed on the merits." R. 3:22- 10(b). To …
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… Court of New Jersey, Law Division, Burlington County, Complaint No. W-2023-0046-0320. Jennifer B. Paszkiewicz, … of events that occurred in an apartment building hallway.1 1 We note that defendant has not been tried and is … judicial discretion." Id. at 165. "Trial judges make the ultimate decision on release after they consider other …
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… Tragically, Joe, who also suffered from addiction, passed away in November 2021. When Jack was approximately six months … him in the care of Mia. Thereafter, the Division filed a complaint for custody, care, and supervision of Jack under … the Division filed a complaint for guardianship of Jack. Ultimately, the court entered a judgment terminating Cara's …
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… Submitted January 10, 2023 – Decided February 14, 2023 Before Judges Whipple, Smith, and Marczyk. On appeal from the … 2C:39-7(b) (Count Four); and first-degree conspiracy to commit murder, N.J.S.A. 2C:5-2 and 2C:11-3(a)(1) or (2) … Superior Court convictions. The trial judge 5 A-1787-20 ultimately found aggravating factors three, six, and nine. …
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… Submitted January 19, 2023 – Decided February 2, 2023 Before Judges Mayer and Enright. On appeal from the Superior … counts one, three and five, in exchange for the State's recommendation that he serve consecutive ten-year sentences on … Since two of the counts of first-degree robbery were ultimately run consecutively, [defendant] was sentenced to …