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- A-1341-18T2 Opinionnjcourts.gov… Argued November 12, 2020 – Decided February 3, 2021 Before Judges Alvarez and Mitterhoff. On appeal from the … from April 15 to May 9, 2006, and defendant's filing of a complaint with New Jersey's Board of Marriage and Family Therapists regarding C.L. The complaint was ultimately dismissed because, among other reasons, C.L. was …
- A-0224-19T1 Opinionnjcourts.gov… 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 …
- A-4242-18T2 Opinionnjcourts.gov… appeal from the New Jersey Government Records Council, GRC Complaint No. 2015-256. William Mark Scott, appellant, … 6 (App. Div. 2009), aff'd o.b., 201 N.J. 5 (2010)). "As always, our primary 'objective [in] statutory interpretation … for the closing agreement that the IRS, HCFFA, and Deborah ultimately executed to conclude the examination, which is …
- A-3201-19 Opinionnjcourts.gov… Submitted March 22, 2021 – Decided April 22, 2021 Before Judges Fasciale and Rothstadt. On appeal from the … without an evidentiary hearing. In a written decision accompanying his order, the PCR judge determined that … alleged in the light most favorable to the defendant, will ultimately succeed on the merits.'" State v. Porter, 216 …
- A-0089-18 Opinionnjcourts.gov… Argued February 10, 2021 – Decided April 14, 2021 Before Judges Sumners and Geiger. On appeal from the Superior … IN ADMITTING THE VIDEOTAPED STATEMENT OF THE FIVE-YEAR- OLD COMPLAINANT UNDER THE TENDER YEARS EXCEPTION TO THE HEARSAY … of discharging their function as fact finders on the ultimate issue of guilt or innocence." Hampton, 61 N.J. at …
- A-1154-20 Opinionnjcourts.gov… NO. A-1154-20 W.R. and S.R., as the natural guardians for their unemancipated minor son, J.R., and W.R. and S.R., … conclude plaintiffs are entitled in these circumstances to communicate with defendants' insurer and, if necessary, file … claim an interest in collecting on any judgment they might ultimately obtain and are concerned that if defendants fail …
- A-3431-19 Opinionnjcourts.gov… canal, walked into the backyard of a neighbor two doors away and were able to pull 4 A-3431-19 the dog out of the … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no … to imperiled property of de minimis or sentimental value ultimately leads to absurd and untenable results. While …
- A-2295-19 Opinionnjcourts.gov… deemed waived on appeal." N.J. Dep't of Env't Prot. v. Alloway Twp., 438 N.J. Super. 501, 505 n.2 (App. Div. 2015). … "a duly executed General Warranty Deed in recordable form together with an appropriate affidavit of title at the time of … to the issue of whether Kyriak had signed the agreement and ultimately issued an order granting plaintiff's 5 A-2295-19 …
- A-1448-19 Opinionnjcourts.gov… Party Plaintiff-Appellant, v. HARLEYSVILLE INSURANCE COMPANY, Third Party Defendant -Respondent. NOT FOR … in which the business operates . . . . Although Drennan ultimately did not require the insurance as an owner because … answers to interrogatories and admissions on file, together with the affidavits, if 10 A-1448-19 any, show that …
- A-3443-19 Opinionnjcourts.gov… the Washington Street Redesign Project," which included roadway improvements on Washington Street. The contract … the evidence submitted by the parties on the motion, together with all legitimate inferences therefrom favoring the … Underground's alleged negligence. That the motion judge ultimately found plaintiff's claims regarding Underground's …
- A-0188-20 Opinionnjcourts.gov… January 18, 2022 – Decided January 26, 2022 Before Judges Fasciale and Firko. On appeal from the Superior … requested by order to show cause (OTSC) and dismissing his complaint with prejudice. Plaintiff argues, primarily, that … make a preliminary showing of a reasonable probability of ultimate success on the merits." Ibid. Fourth, and finally, …
- A-1445-18T1 Opinionnjcourts.gov… 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 …
- A-5553-16T3 Opinionnjcourts.gov… additional delivery of cocaine. Defendant told the CI to come to his apartment. Detectives maintained visual … of the judge who issued the warrant. State v. Hemenway, 454 N.J. Super. 303, 322 (App. Div. 2018). "We are … in addition to the information [the detective] included ultimately in his affidavit is not, by itself, sufficient to …
- A-2124-17T4 Opinionnjcourts.gov… 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 …
- A-5497-16T3 Opinionnjcourts.gov… 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 …
- A-3251-14T1 Opinionnjcourts.gov… Argued January 10, 2017 – Decided Before Judges Fisher, Ostrer and Leone. On appeal from the … consider a certification containing hearsay statements by company officers discussing an explicitly discriminatory … like plaintiff, sued defendant for age discrimination, but ultimately lost in arbitration. Sperman's certification, …
- A-3544-13T4 Opinionnjcourts.gov… returned back to Cedar Hill. On January 12, 2009, Joseph complained of left side weakness and back spasms. He was … fed him solid food, which led to cardiopulmonary arrest and ultimately, his death on March 12, 2009. Joseph's wife filed … pursuant to this act. We have held that neither section bestows upon an individual the unbridled right to bring a …
- A-1661-14T4 Opinionnjcourts.gov… STATE OF NEW JERSEY, Plaintiff-Respondent, v. CLIFFORD MOORE, Defendant-Appellant. ___________________________ … See also Pressler & Verniero, Current N.J. Court Rules, comment 1 on R. 3:23-8 (2017) (stating that "[t]he deletion … that obviated the need for her to testify, which the judge ultimately enforced 13 A-1661-14T4 out of judicial economy …
- A-4104-16T3 Opinionnjcourts.gov… expungement of the underlying convictions and two civil commitments, defendant sought "equitable relief" from the … his FPIC, which was returned to him when the TRO was ultimately dismissed. Thereafter, on his application for … . . . defendant's home, which simply cannot be explained away as an accident of bad timing as to the search, is …
- A-3225-15T3 Opinionnjcourts.gov… Rule 3:22- 12. We agree, and affirm. I. The following facts come from the transcripts of defendant's plea hearing and … a reasonable likelihood that his or her claim will ultimately succeed on the merits." Ibid. The court must view … effective date of the PSL amendment, so defendant was always governed by the requirement that he be sentenced to …