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… Submitted October 25, 2016 – Decided Before Judges Messano and Espinosa. On appeal from the Public Employment Relations Commission, Docket No. 2015-051. O'Brien, Belland & … procedural rather than substantive matters. (emphasis in original). We disagree. A public employer has a …
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… Argued March 16, 2017 – Decided Before Judges Alvarez, Accurso, and Manahan.1 (Judge Accurso … of truck owner- operators who deliver sealed containers originating at the Port of New Jersey to customers in the northeast. Defendant Proud 2 Haul, Inc. (P2H) is the company through whom orders are placed, registered with the …
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… Argued January 18, 2018 – Decided Before Judges Simonelli, Rothstadt and Gooden Brown. On appeal … denied, juvenile T.S.S., born July 23, 2000, pled guilty to committing an act of delinquency which, if committed by an … fantasy, fright or despair." Id. at 151-52 (alteration in original) (quoting In re Gault, 387 U.S. 1, 55 (1967)). …
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… Submitted October 4, 2017 – Decided Before Judges Koblitz, Manahan, and Suter. On appeal from … alleges that certain jury instructions were incorrect and incomplete and that his sentence was improper and excessive. … to shock the judicial conscience.' [Ibid. (alterations in original) (quoting State v. Roth, 95 N.J. 334, 364-65 …
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… R. HARRIS, INC., DMJM + HARRIS, INC., DMJM HARRIS/AECOM, and AECOM, Defendants-Respondents, and COUNTY OF … INC., Defendants. __________________________________ NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … defense." Cent. Motor, 251 N.J. Super. at 10 (emphasis in original). "Costs incurred by a[n] [indemnitee] in defense …
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… Argued April 24, 2018 – Decided Before Judges Yannotti, Mawla and DeAlmeida. On appeal from … him as a Tier II sex offender under the Registration and Community Notification Laws, N.J.S.A. 2C:7-1 to -11 (Megan's … may haunt him [or her] in future years, long after the original misdeed took place. A child who has posed for a …
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… Submitted July 18, 2017 – Decided May 25, 2018 Before Judges Ostrer and Leone. On appeal from Superior Court … the males to "freeze" and "stop," but the males ignored the commands. 3 The police were not able to recover any video … State v. Carter, 91 N.J. 86, 96 (1982) (alterations in original) (citation omitted). Even where "the State's …
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… Argued February 27, 2018 - Decided Before Judges Reisner, Gilson, and Mayer. On appeal from … arises out of plaintiff's claims for real estate sales commissions. Plaintiff, Eric Weiss, appeals from six court … a notice of appeal, serve a request for preparation of an original and copy of the transcript . . . ." Ibid. The rules …
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… OF RONALD AVELLA, PATRICK AVELLA, and ANTHONY BIVIANO, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … On February 16, 2012, Biviano filed in Bergen County a complaint as executrix of the Estate, individually and on … 440 N.J. Super. 378, 382 (App. Div. 2015) (alteration in original) (citation omitted). "[A] trial court's …
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… Submitted September 13, 2018 – Decided Before Judges Whipple and DeAlmeida. On appeal from Superior … imposed after entry of his guilty plea to conspiracy to commit aggravated assault. We affirm. I. The following facts … reasonable suspicion. Id. at 169 (second alteration in original) (quoting State v. Tucker, 265 N.J. Super. 358, 360 …
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… concluded plaintiff's presentation to the Board was incomplete and thereby prevented the Board from properly … of the use is significant.'" Id. at 166 (alterations in original) (quoting Baptist Home of S. Jersey v. Borough of … New Jersey offices in this home will attract even more visitors and parking. The Board finds that on balance the …
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… Judges Fuentes, Simonelli and Carroll. On appeal from the Commissioner of the Department of Education, Docket No. … Id. at 16, 18, 20. We did not direct the SEC to revisit its finding that Woska took private action when he … Ratification "relates back to the date of the original act[.]" Casamasino v. City of Jersey City, 158 N.J. …
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… Plaintiff-Respondent/ Cross-Appellant, v. MERCER INSURANCE COMPANIES, d/b/a UNITED FIRE GROUP, d/b/a MERCER INSURANCE … Submitted May 31, 2017 – Decided Before Judges Messano, Suter and Grall. On appeal from … under Rule 4:42-9(a)(6). Id. at 451 (alterations in original) (quoting Transamerica Ins. Co. v. Nat'l Roofing, …
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… Interested Party. Argued September 12, 2018 – Decided Before Judges Yannotti, Gilson and Natali. On appeal from … Quinn, an investment representative at ODS, in order to comply with the ODS regulation. Defendant accompanied her … truth of the precise facts in issue." Ibid. (alteration in original) (quoting In re Seaman, 133 N.J. 67, 74 (1993)). …
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… Argued May 30, 2018 – Decided July 6, 2018 Before Judges Koblitz, Manahan and Suter. On appeal from … later, Silva's body was found by an employee of a paper company who was sorting trash from recyclable papers at a … State v. Hogue, 175 N.J. 578, 584 (2003) (alteration in original) (quoting N.J.S.A. 2A:84A-32a(a)). However, the …
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… Submitted May 9, 2022 – Decided July 12, 2022 Before Judges Rothstadt and Natali. On appeal from the … appeal, plaintiff argues the court mistakenly dismissed his complaint as he NOT FOR PUBLICATION WITHOUT THE APPROVAL OF … 2 We restate the text messages and related posts in their original form to provide appropriate context, as the meaning …
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… DIVISION OF LOCAL GOVERNMENT SERVICES IN THE DEPARTMENT OF COMMUNITY AFFAIRS, MELANIE WALTER, Director of the Division … Argued June 9, 2022 – Decided June 30, 2022 Before Judges Whipple, Geiger, and Susswein. On appeal from … Trs., PFRS, 192 N.J. 189, 195 (2007) (first alteration in original) (quoting DiProspero, 183 N.J. at 492). "If the …
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… CORPORATION SYSTEM, as representative, CORPORATION SERVICE COMPANY, as representative, and THE STATE OF NEW JERSEY, … Argued January 31, 2022 – Decided May 12, 2022 Before Judges Fasciale and Vernoia. NOT FOR PUBLICATION … a contract creditor because the "judgment extinguishes the original cause of action and makes available a new cause of …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … arrest by a police officer as the initial process, or on a complaint by a police officer, local law enforcement … heard testimony that failed to preserve (his/her/their) original notes in this case. Law enforcement (continued) …
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… Submitted January 11, 2021- Decided Before Judges Fasciale and Mayer. On appeal from the Superior … machinery scrap sales. He operated Quick Way Contracting Company (Quick Way) on property located on Tax Block 284, … his involvement with the formation of Edgar[-]Charles. Originally, he noted that [Harry] approached him to create …