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… Submitted September 25, 2024 – Decided October 23, 2024 Before Judges Marczyk and Torregrossa-O'Connor. On appeal from … and suffering. Plaintiff further alleged the negligence ultimately contributed to her death. In support of the … and "[f]ailed to apply evidence-based treatment modalities commensurate with wound assessment and classifications." …
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… OF EDUCATION and DR. ANGELICA ALLEN-MCMILLAN, ACTING COMMISSIONER, Respondents-Respondents. Submitted November 7, … SFRA established "a formula to calculate the 'adequacy budget' for each school district," which is an estimate of what … a single school district should be excluded from a statute, ultimately finding that such a result was 'arbitrary, [as] …
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… robbery, N.J.S.A. 2C:15-1; second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2; first-degree robbery, … and applied a factual analysis and conclusion to each. Ultimately, he found "the affirmative presence of all five" … the crime against [J.A.] was committed several blocks away at [a different address] in Irvington." Clearly, the …
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… of driving an unregistered automobile on a public highway, N.J.S.A. 39:3-4. We affirm. We derive the following … to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably … 490 U.S. 1, 7 (1989) (quoting Terry, 392 U.S. at 27). Ultimately, "courts will not inquire into the motivation of …
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… Submitted January 27, 2025 – Decided February 18, 2025 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … concluded that service of process of the foreclosure complaint was valid and did not err in denying defendant's … to a residence in Roseland, New Jersey. The mortgage was ultimately assigned to plaintiff. Defendants defaulted on …
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… supplied on appeal reflects the municipal court failed to comply with the self-representation protocol mandated by … and Marie Cole are spouses who own and reside in a house in Wayne Township. In June 2016, after inspecting the premises, … was transferred to a series of different municipalities. Ultimately the case was docketed with the Hawthorne …
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… officer's conduct. The motion court found that eight of the complaints involved suspects charged with conduct similar to … plea). The inconclusiveness of the surveillance footage, together with the officer's history of complaints of excessive … caseload will weigh less heavily—although the State remains ultimately responsible to move cases along in a timely …
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… Argued January 31, 2019 – Decided July 19, 2019 Before Judges Simonelli, O'Connor and DeAlmeida. On appeal … until March 2013, when Lumenergi, Inc., a venture capital company he worked for in California, was shut down. 1 Two … on September 10, 2014, see L. 2014, c. 42, §1, the court ultimately concluded N.J.S.A. 2A:34-23(k) did not apply to …
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… tenure charges seeking Kellish's dismissal for conduct unbecoming and NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE … as well as the final agency action 8 A-1445-18T1 . . . must ultimately 'determine "whether the competent evidential … and in opposition to UCC's motion. See, e.g., State Highway Dep't v. Civil Serv. Comm'n of Dep't of Civil Serv., 35 …
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… Des Champs occupied an industrial facility on Okner Parkway in Livingston where it assembled heat recovery … Des Champs decided to cease its operations at Okner altogether. Before terminating its operations on the site, Des … that she was now reconsidering. But the gist of the ALJ's ultimate assessment of the evidence is clear and …
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… THAT HIS CLAIMS OF INEFFECTIVE ASSISTANCE OF COUNSEL WOULD ULTIMATELY SUCCEED ON THE MERITS. A. Trial Counsel was … Construction Site Owner, "[i]t is simply not possible [to commit such an assault] from the layout of the house, and go … children, the smaller occupied by her parents, who passed away in 2007. These parents were at the smaller house "mostly …
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… POINT V THE COURT ERRED IN MERGING THE TWO GUN OFFENSES TOGETHER; THE CHARGE OF 5 A-5055-17T4 POSSESSION OF A GUN FOR … HER SUMMATION, IN SHOWING A MANIFEST DENIAL OF JUSTICE; COMMITTED MISCONDUCT SO EGREGIOUS, IT VIOLATED FOWLKES' … alleged in the light most favorable to the defendant, will ultimately succeed on the merits." R. 3:22- 10(b). A …
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… Russo, and answered two specific interrogatories that compelled the imposition of a life sentence without parole … Frank Marsh, who the State alleged defendant paid to ultimately execute the murder. Id. at 506–07.1 Defendant … on summation, when the witness would be unable to explain away inconsistencies. Moreover, as trial counsel explained, …
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… his official capacity as President of the New Jersey Law Enforcement Supervisors Association, and NEW JERSEY LAW … LOCAL #105, on behalf of all its members, Petitioners, and COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO, NEW JERSEY STATE … sought a ruling on its still undecided motions to dismiss. Ultimately, PERC scheduled the case for hearing. In …
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… The car returned a short time later, parking in a location away from the business, and the female driver got out. She … PERMITTING LAY OPINION TESTIMONY BY TWO OFFICERS AS TO THE ULTIMATE ISSUE IN THE CASE USURPED THE ROLE OF THE JURY AND … 1 (1968). 8 A-2574-17T1 articulable facts which, taken together with rational inferences from those facts," provide a …
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… described the building as a "boarding house," with a common hallway that led to defendant's room at its end; four people … Holland factor – and the fact that police in this case ultimately applied for a warrant is not dispositive that …
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… telephonically May 26, 2020 – Decided July 17, 2020 Before Judges Messano and Ostrer. On appeal from the Superior … planning and engineering experts, and their extensive comments were contained in two reports to the Board and … present and Board business [was not] discussed." The judge ultimately determined the Board's actions were based on …
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… others entered into an agreement to sell their shares of common stock in Cispharma and their membership interests in … the evidence submitted by the parties on the motion, together with all legitimate inferences therefrom favoring the … Agreement does not exclude indemnification for claims that ultimately fail as a matter of law. Furthermore, while the …
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… Submitted September 23, 2020 – Decided Before Judges Whipple and Rose. On appeal from the Superior … N.J.S.A. 2C:35-5(a)(1) and 35-5(b), in exchange for a recommended four-year sentence. Question seventeen of the plea … is therefore necessary to develop facts important to the ultimate decision. State v. Porter, 216 N.J. 343, 355 …
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… Submitted December 14, 2020 – Decided Before Judges Currier and Gooden Brown. On appeal from the … Only Argument calendar. See R. 2:9-11. The Supreme Court ultimately denied defendant's reinstated petition for … State v. Fritz, 105 N.J. 42, 49-53 (1987), or that the outcome would have been different without the purported …