njcourts.gov
… Submitted December 1, 2020 – Decided Before Judges Gilson and Gummer. On appeal from the Superior … January 15, 2021 2 A-2858-18T4 that (1) dismissed its complaint for ejectment with prejudice; and (2) denied its … nearly thirty years after his tenancy began. The court ultimately determined no 7 A-2858-18T4 evidence supported …
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… Defendants-Respondents. ______________________________ NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … than originally stated, and it was agreed MGC would commit to operating the RSC property for three years, as … and the Township could discuss acquiring the property. Ultimately, the Township, without Essex County's …
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… Submitted September 14, 2020 – Decided Before Judges Rothstadt and Susswein. On appeal from the New … final agency decision. I. This case arises from a robbery committed in August 1988. The victim resisted when Anderson … Those decisions, moreover, are inherently subjective, and ultimately must be made by those with experience and …
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… Submitted June 2, 2020 – Decided July 8, 2020 Before Judges Yannotti and Hoffman. On appeal from the … during the opening statement, the trial court provided a comprehensive curative instruction advising the jury "to … alleged in the light most favorable to the defendant, will ultimately succeed on the merits.’" State v. Porter, 216 …
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… Submitted March 4, 2020 – Decided June 3, 2020 Before Judges Whipple, Gooden Brown and Mawla. On appeal from the New Jersey Public Employment Relations Commission, P.E.R.C. No. 2019-40. Scarinci & Hollenbeck LLC, … when the City unilaterally adopted the ordinance, ultimately eliminating terminal leave for PBA unit members …
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… telephonically March 25, 20201 – Decided April 13, 2020 Before Judges Fuentes, Mayer and Enright. On appeal from the … an arbitration award and March 1 and March 8, 2019 orders compelling re-arbitration. We reverse the orders compelling … should be applied for incomplete work. 7 The arbitrator's ultimate award reflects his determination that $5,070,517.03 …
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… of third- degree criminal mischief, N.J.S.A. 2C:17-3, one committed in Camden County on April 8, 2017, at the Trump … painted foul language on the Trump National Golf Course fairways and putting green. In the second incident, while a … "unlikely the program can be tailored to meet her needs." Ultimately, the prosecutor concluded any benefit from …
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… with a machete and warned the individuals present to stay away from him and his daughter. The police were called and arrested E.M. W.F. went to the police station to file a complaint against E.M. W.F. left her seven-year-old son … alleged in the light most favorable to the defendant, will ultimately succeed on the merits." R. 3:22-10(b). To prevail …
njcourts.gov
… Submitted December 16, 2019 – Decided Before Judges Fasciale and Rothstadt. On appeal from the … for a gunshot wound, and the police investigation that ultimately led to defendant 's arrest and indictment. … to his PCR attorney because he 'believed the letter would become available automatically.'" The PCR judge stated that …
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… Submitted March 9, 2020 – Decided March 20, 2020 Before Judges Sabatino and Geiger. On appeal from the Superior … distribute it (count twelve) in exchange for a sentencing recommendation of a five-year prison term subject to a … facts in the light most favorable to the defendant, will ultimately succeed on the merits." Ibid. Judge Caulfield …
njcourts.gov
… Submitted September 19, 2019 – Decided Before Judges Suter and DeAlmeida. On appeal from the Superior … role of the actor therein, including whether or not it was committed in an especially heinous, cruel, or depraved … alleged in the light most favorable to the defendant, will ultimately succeed on the merits.'" Id. at 355 (quoting R. …
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… other officers began to arrive at the scene. Prior to completing the summons, a canine unit appeared and began a … 1614 (2015). "Lacking the same close connection to roadway safety as the ordinary inquiries, a dog sniff is not … canine unit's arrival on scene the prolonged, delayed, and ultimately interrupted the mission of the motor vehicle stop …
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… Submitted December 18, 2019 – Decided Before Judges Whipple, Gooden Brown and Mawla. On appeal from … during the marriage in 1999. He reported a minimal income from the business, which did not correspond with the … Plaintiff filed a motion to enforce litigant's rights and ultimately a third realtor was retained. Following three …
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… were dismissed. Appellant was initially eligible for recommendation for placement into "minimum" custody status … be "arbitrary, capricious or unreasonable[.]" Henry v. Rahway State Prison, 81 N.J. 571, 579-80 (1980). In determining … prove or otherwise chose not to prosecute—charges that were ultimately dismissed. In doing so, it seemingly disregarded …
njcourts.gov
… Submitted September 21, 2020 – Decided Before Judges Currier and DeAlmeida. On appeal from the … he could easily identify the robber because he had come to the gas station to try to sell him a bicycle three … alleged in the light most favorable to the defendant, will ultimately succeed on the merits.'" Id. at 355 (quoting R. …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … plea and elected to take the case to trial. However, he ultimately agreed to plead guilty on the day jury selection was to begin in exchange for a sentencing recommendation of a five-year Drug Court probationary term; …
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… DIVISION DOCKET NO. A-2315-20 TOWNSHIP OF MONTCLAIR COMMITTEE OF PETITIONERS and MONTCLAIR PROPERTY OWNERS … plaintiffs created a website. The website provided visitors with the opportunity to read the ordinance and the … not match the pen-and-ink signatures in the voter system. Ultimately, after examining both the petition and amended …
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… City's decision to repair potholes within limits of its budgetary allocation for street maintenance was not palpably … or constructive notice of a dangerous condition of the roadway's shoulder and, alternatively," (2) "that the County did … cyclist lost control of her bicycle.2 Ibid. The Court ultimately held that "[e]ven when viewed in the light most …
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… answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no … litigation, and result in savings to insurance carriers and ultimately the public' by reduced premiums."). With passage … relevant to the number of motor vehicles on the roadways and accident rates in a specific locality. A closer …
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… opened in June 2019. The park does not front a public roadway, so access easements between public parking on the 3 … accordingly to $7,500 pursuant to an updated appraisal completed in September 2019. On November 11, 2019, plaintiff … 272. The Court remanded for a plenary hearing, holding: the ultimate burden of proving arbitrariness in the choice of …