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… Jimmy Mercado (Christopher J. Ross, on the briefs). Brown & Connery, LLP, attorneys for respondent Pennsauken Township … CSC's final administrative action, arguing the following points: POINT I THE CSC WAS ARBITRARY AND CAPRICIOUS IN … 150, 157 (2018) (citing In re Herrmann, 192 N.J. 19, 27 (2007)). "In order to reverse an agency's judgment, an …
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… and EDWARD KLOSS, JR., Plaintiffs-Appellants, v. AKR CONTRACTING, INC. and ANDREW RUSIN, Defendants/Third-Party … use, EJK applied for use and bulk variances. On April 23, 2007, the Board approved the plan by resolution and granted … the court denied. On appeal, plaintiffs raise the following points for our consideration: POINT I SUMMARY JUDGMENT …
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… PER CURIAM Tried by a jury, defendant Richard Whatley was convicted of the lesser-included offense of second-degree … charge. Defendant raises the following issues on appeal: POINT I THE COURT'S PURPORTED LIMITING INSTRUCTION AS TO … this case is more like State v. Lykes, 192 N.J. 519 (2007). There, the Court concluded questioning about the …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … by Asuelimhense, as sole shareholder of Jet Leasing and appointing her as a director of the corporation. To complete … v. AHL Servs., Inc., 396 N.J. Super. 486, 494 (App. Div. 2007)). In undertaking our 8 A-2732-20 de novo review, we …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … appeals from the October 24 order, raising the following point for our consideration: POINT I THE PCR COURT ERRED IN … of probation (VOP) on the 2001 indictments. In February 2007, after being accepted into drug court, defendant pled …
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… January 16, 2025 Before Judges Currier and Torregrossa-O'Connor. On appeal from the New Jersey Commissioner of … of Rev., Dept. of Lab., 396 N.J. Super. 240, 246 (App. Div. 2007) (citing City of Newark v. Nat. Res. Council, Dep't of … for making fiscally responsible decisions. Petitioner points out that N.J.S.A. 18A:7F-68(c)(5), which exempts …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … awards. On appeal, defendant raises the following points for our consideration: POINT I THE ARBITRATOR'S … salary was $260,000. 7 A-2131-17T2 prior, specifically 2007, 2008, and 2009, defendant's combined income averaged …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … with Fernandez and Torres still ahead of her. At that point, a third man, standing at the corner, began to open … in the record, see State v. Elders, 192 N.J. 224, 243-44 (2007) (describing standard of review of suppression orders), …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … Ghandi v. Cespedes, 390 N.J. Super. 193, 196 (App. Div. 2007)). Courts should determine whether the reason for the … of the original pleading; but the court, in addition to its power to allow amendments may, upon terms, permit the …
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… arbitration. The Public Employment Relations Commission appointed an arbitrator to hear and decide the disputed issue. … Twp. PBA Local 124 v. Twp. of Middletown, 193 N.J. 1, 10 (2007)). A court's review of an arbitration award is limited. … the arbitrators exceeded or so imperfectly executed their powers that a mutual, final and definite award upon the …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … determination rooted in the notion that judicial power is to be exercised only when a party is immediately 11 … of Trs., Police & Firemen's Ret. Sys., 192 N.J. 189, 195 (2007). Here, the language of the amended N.J.S.A. 54:3-21(a) …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … (1981)). Nonetheless, a trial court retains the equitable power to modify support provisions at any time. Lepis v. … See Hand v. Hand, 391 N.J. Super. 102, 105 (App. Div. 2007). The movant bears the burden of demonstrating a need …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … support in the evidence." In re Carter, 191 N.J. 474, 482 (2007) (quoting Campbell v. Dep't of Civil Serv., 39 N.J. … and politic," N.J.S.A. 58:11B-4, which was given the power to "[m]ake and contract to make loans" to local …
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… M2, Defendant/Third-Party Plaintiff-Respondent, v. AJD CONSTRUCTION, INC.,1 Third-Party Defendant, 1 Defendant's … of the original pleading; but the court, in addition to its power to allow amendments may, upon terms, permit the … & Co., L.L.P., 393 N.J. Super. 304, 313 (App. Div. 2007)). The trial court noted "[e]quitable tolling is …
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… argued the cause for appellant/cross- respondent (Brown & Connery, LLP, attorneys; William F. Cook, on the briefs). … the arbitrators exceeded or so imperfectly executed their powers that a mutual, final and definite award upon the … Twp. PBA Local 124 v. Twp. of Middletown, 193 N.J. 1, 11 (2007)). "'[U]ndue means' ordinarily encompasses a situation …
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… wanted defendant to prepare the QDROs or for her to be appointed power of attorney to do so. Plaintiff consented to transfer … Div. of Youth & Family Servs. v. M.M., 189 N.J. 261, 279 (2007)). However, "[a] trial court's interpretation of the …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … behaviors were consistent with sexual arousal centered on power and control. According to Zakireh, A.M.'s sexual … Commitment of T.J.N., 390 N.J. Super. 218, 226 (App. Div. 2007)). Accordingly, a trial court's determination is …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … 2015) (quoting In re Ordinance 04-75, 192 N.J. 446, 469 (2007)), because a local governing body, as a "creature of the State," has authority to exercise "only those powers granted to it by the Legislature." Moyant v. Borough …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … of Trs., Police & Firemen's Ret. Sys., 192 N.J. 189, 196 (2007). Substantial deference must be extended to an agency's … period. Cf. N.J.S.A. 54:51A-7 (limiting the tax court's power to correct clerical errors "upon the filing of a …
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… objections. Paul filed a verified complaint requesting appointment as the administrator of decedent's estate and an … 28 N.J. 599, 605 (1959). "The Legislature has plenary power over the devolution of title and the distribution of … of Vander Poel, 396 N.J. Super. 218, 232 (App. Div. 2007) (emphasis added).] "Typically, the principle of …