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- njcourts.gov… Defendants seek de novo review of their February 28, 2025, convictions. By bringing these charges before the Atlantic … filed a timely notice of appeal and now raise the following points: I. STATE HAS FAILED TO PROVE THAT THE OFFENSES … actions here constituted a “legitimate exercise of police power” designed to prevent human consumption of shellfish …
- A.F.L. VS. M.L. (FV-15-0412-23, OCEAN COUNTY AND STATEWIDE) (RECORD IMPOUNDED) - Unpublished Opinionsnjcourts.gov… pseudonyms to protect the parties' privacy and preserve the confidentiality of these proceedings. R. 1:38-3(d)(9) to … Tell your brothers they couldn't touch me if they had super powers . . . I'm done. Night[.] Plaintiff testified at trial … he has minimized his use of alcohol, testifying that at one point during the marriage he had undergone an evaluation and …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … WHICH PLAINTIFF WAS NOT LEGALLY ENTITLED. At the outset, we point out defendant's notice of appeal only identified the … than in a mechanical application of a single formula." N.J. Power and Light Co. v. Mabee, 41 N.J. 439, 441 (1964). …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … the location of the property line." In doing so, the court pointed specifically to the property survey plaintiff had … Crane v. Bielski, 15 N.J. 342, 349 (1954)), and "has the power of devising [a] remedy and shaping it so as to fit the …
- njcourts.gov… D. Moyse, Designated Counsel, on the brief). Yolanda Ciccone, Middlesex County Prosecutor, attorney for respondent … raises the following contentions for our consideration: POINT I MR. LINARES-HERNANDEZ IS ENTITLED TO RELIEF OR AN … incapable of exercising normal physical or mental power of resistance. . . 2 "The need for deterring the …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … because it was not aware of the pothole. Fourth, the judge pointed out that a pedestrian must be prepared to encounter … of 16 A-5269-17T4 municipalities, it is not within our power to impose a more comprehensive pothole inspection and …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … dichotomous answers about how the murders occurred, at one point saying they were "spur of the moment," then denying … were considered, it was within the Board's discretionary power to determine that the considerations in favor of …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … presents the following arguments for our consideration: POINT I THE TRIAL COURT FUNDAMENTALLY MISUNDERSTOOD AND … court's "inherent authority to act to preserve life" is a "power [that] should be sparingly utilized in the very rarest …
- njcourts.gov… filed a complaint alleging violations of the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-1 to -195, New Jersey … sent plaintiff's attorney a copy of its Residential Solar Power Purchase Agreement (RSPPA), dated August 2, 2016. The … had no notice of the arbitration agreement whatsoever[.]" Pointing to her deposition testimony, plaintiff stated 5 An …
- njcourts.gov… v. EDGEWOOD PARK SENIOR HOUSING – PHASE 1, LLC; CONIFER REALTY, LLC; CONIFER VILLAGE AT MIDDLETOWN 1 and … negligence under res ipsa loquitur); Cyr v. Green Mountain Power Corp., 485 A.2d 1265, 1268 (Vt. 1984) (stating that, … Restatement compares two factual scenarios to make this point. In the first, the plaintiff's negligence offers no …
- njcourts.gov… Seton Hall Law School, attorneys for appellant (Jennifer B. Condon, on the briefs; Briana L. McKenna and Giancarlo G. … & Corr. Complex, 442 U.S. 1, 10 (1979)). "The discretionary power exercised by the Parole Board, however, is not … Neither the two-member panel nor the full Board pointed to any material deficiencies in the Greenberg …
- IMO Estate of Mayo - Unpublished Opinionsnjcourts.gov… inter vivos trust. Id. The 1996 Revocable Trust likewise contained multiple references excluding “Cheryl Mayo or her … her spouse, Gabriel, as her healthcare proxy with durable power of attorney, with Plaintiff Gregg and Decedent’s other … with Mr. Dickman’s offices until May 31, 2012, at which point his notes indicated that they “wished 95% of their …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … Twp. PBA Local 124 v. Twp. of Middletown, 193 N.J. 1, 11 (2007). "Consistent with the reasonably debatable standard, a … The City's citation to N.J.S.A. 40A:10-23 is not on point, because that statute simply does not address the …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … the hearing officer's decision. On appeal, Menter argues: POINT I THE DISCIPLINARY HEARING OFFICER VIOLATED [MENTER'S] … of a particular field." In re Herrmann, 192 N.J. 19, 28 (2007). In our review of the DOC's exercise of authority, we …
- njcourts.gov… of New York Harbor (Commission) denying his petition to reconsider the Commission's July 12, 2021 decision to revoke … counter with the intention of paying the lower price point for the items. Becker also testified at the hearing. … determination is limited. In re Herrmann, 192 N.J. 19, 27 (2007). The Commission has substantial prerogatives and …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … imposed. This appeal followed. Vargas raises the following points for our consideration: POINT I THE HEARING OFFICER … to the facts." In re Carter, 191 N.J. 474, 482- 83 (2007) (quoting Mazza v. Bd. of Trs., 143 N.J. 22, 25 …
- STATE OF NEW JERSEY VS. WILLIAM BOSTON (04-10-0985, CUMBERLAND COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … Defendant raises the following issues on this appeal: POINT I THE TRIAL COURT ERRED IN DENYING THE DEFENDANT'S … See R. 3:22- 12(a)(1). Defendant was sentenced on August 3, 2007, and his PCR petition was filed on March 4, 2013. Thus, …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … presents the following arguments for our consideration: POINT [ONE] THE LOWER COURT ERRED IN DENYING M.G.'s MOTION … 609 (2021) (quoting State v. Elders, 192 N.J. 224, 243 (2007)). We "defer to those findings in recognition of the …
- STATE OF NEW JERSEY VS. ELIJAH DOWNEY (16-06-0525, MORRIS COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … as one of his assailants. Specifically, he advances: POINT I THE OFFICERS DID NOT HAVE REASONABLE SUSPICION TO … intervention." State v. Elders, 192 N.J. 224, 245 (2007) (quoting N.J. Div. of Youth & Family Servs. v. M.M., …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … defendant presents these arguments for our consideration: POINT I THE TRIAL COURT ERRED IN DENYING [DEFENDANT'S] … in the record.'" State v. Elders, 192 N.J. 224, 243 (2007) (quoting State v. Elders, 386 N.J. Super. 208, 228 …