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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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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … in October 2000. The marriage was dissolved by a May 7, 2007 dual final judgment of divorce (JOD), which … college expenses, the Family Part has "broad equitable powers" to achieve "substantial justice." Weitzman v. …
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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 …
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… member Jannell Thomas became C.H.'s DAR, having been appointed by Carol N. Goloff, Administrator of the Estate of … 208 N.J. at 194 (quoting In re Carter, 191 N.J. 474, 483 (2007)). "Deference to an agency decision is particularly … an individual when…[t]he person has the right, authority or power to liquidate real or personal property or his or her …
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… to official business of the City of Hackensack, such as to constitute a government record, to or from [the deputy … plaintiff had standing because plaintiff's counsel "has the power to act under implied authority to handle matters on … at 406 (quoting R.M. v. Sup. Ct. of N.J., 190 N.J. 1, 10 (2007)). The calculation includes a careful evaluation of the …
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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 ." … youthfulness at the time he committed the crime. On this point, the court concluded counsel did not raise this issue … State v. J.J., 397 N.J. Super. 91, 98 (App. Div. 2007) (quoting State v. Howard, 110 N.J. 113, 122 (1988)). …
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… Public Defender, of counsel and on the brief). Yolanda Ciccone, Middlesex County Prosecutor, attorney for respondent … unsuccessfully presented to Judge Toto. Defendant argues: POINT I SUPPRESSION SHOULD HAVE BEEN GRANTED BECAUSE THE … Id. at 425 (quoting State v. Elders, 192 N.J. 224, 244 (2007)). 5 A-0883-21 "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 … Arrest-Flight Alleged (N.J.S.A. 2C:29-2a)" (rev. May 7, 2007) (Model Charge) at 2 (providing that "the State must … returned a guilty verdict. Defendant raises the following points on appeal: POINT I THE TRIAL COURT ERRED TO THE …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … to be enforced. On appeal, Clauso presents the following points for our consideration: THE STATEMENT BY APPELLA[NT] … policies to the facts." In re Carter, 191 N.J. 474, 482-83 (2007) (quoting 9 A-0717-15T3 Mazza v. Bd. of Trs., 143 N.J. …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … Disabilities Teacher – Consultant. On appeal, she argues: POINT ONE HERE[,] WHERE THE AGENCY BELOW LACKED AN … that decision is limited. In re Carter, 191 N.J. 474, 482 (2007). We will not upset the decision of an administrative …
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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 Jimenez raises the following points for our consideration: [POINT I]. The Decision Below … 208 N.J. at 194 (quoting In re Carter, 191 N.J. 474, 483 (2007)). "This is particularly true when the issue under …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … sold approximately seventy-five properties. Plaintiff had a power of attorney over his mother's finances and part of his … defendant ceased working in the joint venture. At this point, the partners owed $2 million to EDA and held thirty …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … On appeal, defendant raises the following arguments: POINT I THE DEFENDANT WAS DENIED THE RIGHT TO A FAIR TRIAL … incapable of exercising normal physical or mental power of resistance[.] In imposing a sentence, the court …
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… Law Division, Hudson County, Docket No. L-4219-21. Michael Confusione argued the cause for appellants (Hegge & … responses previously provided to the court. The court pointed out several deficiencies with respect to the … rules is limited. "A trial court has inherent discretionary power to impose sanctions for failure to make discovery, …
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… Board (Dasti, Murphy, McGuckin, Ulaky, Koutsouris & Connors, attorneys; Gregory P. McGuckin, of counsel; Martin … Because the proposed project does not have any access points from Adams Avenue, Murphy concluded the project would … of Voorhees, 406 N.J. Super. 497, 504 (Law Div. 2009). The power to grant such a variance under subsection (d)(6) …