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… PER CURIAM 1 We use initials and a pseudonym to protect the confidentiality of the parties. R. 1:38-3(d)(10). NOT FOR … According to L.R., defendant raised his voice to the point that L.R. had to intervene and asked defendant to step … credibility.'" MacKinnon v. MacKinnon, 191 N.J. 240, 254 (2007) (quoting Cesare v. Cesare, 154 N.J. 394, 412 (1998)). …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … judgment. On appeal, plaintiffs present the following points for our review: A. Moving Defendants Failed to Raise … Church v. Lawson-Bell, 394 N.J. Super. 159, 166 (App. Div. 2007). When additional discovery on material issues may give …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … marijuana. She subsequently failed to appear for eight appointments for the assessment. On November 27, 2018, the … Div. of Youth & Family Servs. v. M.M., 189 N.J. 261, 279 (2007) (quoting C.B. Snyder Realty, Inc. v. BMW of No. Amer., …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … from employment until August 7, 2014. However, she pointed out that Golden's confusion about her retirement … of law. Thurber v. City of Burlington, 191 N.J. 487, 502 (2007). According substantial deference to an agency's …
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… Act, N.J.S.A. 2C:25- 1 We use initials to protect the confidentiality of the victim. R. 1:38-3(d)(10). APPROVED … old; defendant was almost twenty years her senior. At some point, defendant gave plaintiff his cellphone number, but … Crespo v. Crespo, 395 N.J. Super. 190, 194 (App. Div. 2007). It is well settled that to obtain an FRO under the …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … that through the closing, which occurred on February 2, 2007, Lopez never said anything to lead her to believe … judge found that Brown's testimony was credible. The judge pointed out that during the relevant period, Brown was in …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … Thus, although the record was not developed on this point, it appears the costs for the allocation the HTMUA … to the Authority upon completion. There is also a similar 2007 Sewer System Agreement between High Ridge and the HTMUA …
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… Essex Chemical Corporation (Essex). We affirm. I. In June 2007, plaintiffs commenced this action seeking, among other … resource damages pursuant to the Spill Compensation and Control Act (Spill Act or the Act), N.J.S.A. 58:10-23.11 to … microorganisms that treat the contamination. MacDonald pointed out that this technology had already worked well on …
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A-0356-23 Briefs
Briefs
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… Division, January 17, 2024, A-000356-23, AMENDED TABLE OF CONTENTS PRELIMINARY STATEMENT 1 PROCEDURAL HISTORY 2 STATEMENT OF FACTS 5 LEGAL ARGUMENT POINT ONE PLAINTIFF'S MOTION TO AMEND THE COMPLAINT RESULTED … condemnor had duly exercised its authority to utilize its power of eminent domain as to the described property and is …
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… May 2, 2019 – Decided August 22, 2019 Before Judges O'Connor and Whipple. On appeal from the Superior Court of New … In the car were two men Gonzalez did not know. At one point, without any provocation, defendant hit one of the men … evidence in the record. State v. Elders, 192 N.J. 224, 243 (2007). However, a trial court's interpretation of the law …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … Div. of Youth & Family Servs. v. G.L., 191 N.J. 596, 605 (2007) (citing In re Guardianship of J.N.H., 172 N.J. 440, … 30:4C-15.1(a) established partly based upon the court-appointed expert's determination that "breaking the children's …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … makes two arguments, which he articulates as follows: POINT I – THE TRIAL COURT ERRED BY ADMITTING HEARSAY … [Carmona v. Resorts Int'l Hotel, Inc., 189 N.J. 354, 376 (2007) (quoting State v. Long, 173 N.J. 138, 152 (2002)).] …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … appeal followed. On appeal, plaintiff raises the following points for our consideration: POINT I THE ORDERS FOR SUMMARY … v. AHL Servs., Inc., 396 N.J. Super. 486, 494 (App. Div. 2007)). "We review issues of law de novo and accord no …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … At his plea hearing, however, defendant testified he only pointed his unregistered handgun in the direction of the … 425 (2014) (quoting State v. Elders, 192 N.J. 224, 244 (2007)). Defendant's vehicle was lawfully stopped "based on a …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … the following single argument for our consideration: POINT I: [DEFENDANT] IS NOT GUILTY OF REFUSAL. In support, … Spell, 395 N.J. Super. 12 A-2506-17T3 337, 344 (App. Div. 2007) (quoting Widmaier, 157 N.J. at 497), aff'd as …
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… NJHR5, LLC, Plaintiff-Respondent, v. ESSEX PLACE CONDOMINIUM ASSOCIATION, INC., Defendant-Appellant. Argued … on Unit B to secure payment of the loan. On August 28, 2007, the Association duly recorded a lien against Unit B … because it would no longer have priority. As [p]laintiff point[ed] out, [the Association] could have joined in the …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … a drug transaction. We affirm. On appeal, defendant argues: POINT I THE TWO GUNS FOUND INSIDE THE CONSOLE OF … 313 (2014) (quoting State v. Elders, 192 N.J. 224, 243 (2007) (citation omitted)). This court "should not disturb a …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … he is in prison. On appeal, defendant raises these issues: POINT I A NEW VIOLATION OF PROBATION HEARING SHOULD OCCUR … Div. 2013) (quoting State v. Meyer, 192 N.J. 421, 434-35 (2007)). If special probation is violated, a court may …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … arms around Mears' head "in a head lock fashion." At this point, another officer on the scene, Officer Y. Brown,1 … the relevant factors. [In re Carter, 191 N.J. 474, 482–83 (2007) (quoting Mazza v. Bd. of Trs., 143 N.J. 22, 25 …
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… M. Gennaro, Designated Counsel, on the brief). Yolanda Ciccone, Middlesex County Prosecutor, attorney for respondent … entered a 7-Eleven and robbed the store's clerk at gunpoint, threatening to shoot the clerk unless he complied … warrant requirement." State v. Elders, 192 N.J. 224, 246 (2007). The automobile exception is a well-recognized …