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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … (n/k/a Grimsley), 393 N.J. Super. 509, 515 (App. Div. 2007). The parties here agreed that their arbitration was … challenge in the trial court. The Act itself makes this point clear. Section 4 of the Act states that a party to an …
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… brief). PER CURIAM Defendant Jeffrey Smith appeals from his conviction for fourth-degree possession of a false … wallet. Defendant raises the following arguments on appeal: POINT I OFFICER RYAN, WHO WAS WORKING AS A SUPERMARKET … conclusions." Ibid. [State v. Elders, 192 N.J. 224, 243-44 (2007).] An appellate court need not give deference to a …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … with various offenses in connection with the November 3, 2007 robbery and homicide of Lazaro Tista. Specifically, the … Act, N.J.S.A. 2C:43-7.2. On direct appeal, among other points, defendant argued that the trial court erred by …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … it. On appeal, defendant raises the following issues: POINT I THE POLICE LACKED PROBABLE CAUSE WHEN THEY WENT TO … of criminal activity." State v. Elders, 192 N.J. 224, 247 (2007) (quoting State v. Rodriquez, 172 N.J. 117, 126 …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … to [Thermocare]. . . . But that's not the ultimate deciding point. The point is there [were] certain limited funds and … Liberty Mut. Ins. Co., 391 N.J. Super. 588, 594 (App. Div. 2007), because it had depleted the PIP benefits under …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … On appeal, defendant asserts the following arguments: POINT I BECAUSE DEFENDANT DID NOT GIVE VOLUNTARY CONSENT, … 39, 44 (2011) (quoting State v. Elders, 192 N.J. 224, 243 (2007)). "[A]n appellate tribunal must defer to the factual …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … here in detail. Defendant's son was born on May 28, 2007, and his daughter on April 20, 2011. The Division … order." This appeal followed. On appeal, defendant argues: POINT I THE COURT ERRED IN DENYING [K.S.] THE OPPORTUNITY TO …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … and plaintiff were married in 1996, and divorced in 2007. They have two children: A son, who was born in 1998, … actions demonstrated that she was reaching a "boiling point" and could engage in further acts of domestic …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … of her special-needs children. As an example, Dr. Katz pointed to H.L.'s decision to have the children live with … Div. of Youth & Family Servs. v. M.M., 189 N.J. 261, 279 (2007) (citing In re Guardianship of J.T., 269 N.J. Super. …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … using Zoom, which is a video-conferencing platform. In Point II of his appellate brief, and despite his attorney's … Div. of Youth & Fam. Servs. v. M.M., 189 N.J. 261, 279 (2007). The trial court's opinion tracks the requirements of …
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… of Shawn Johnson, KIA SOLOMON, RESERVE AT SCOTCH PLAINS CONDOMINIUM ASSOCIATION, INC., RONALD S. GARZIO, GARY … Angeles, 428 N.J. Super. 315, 318 (App. Div. 2012). Johnson points out BNY did not plead that it possessed the original … Iliadis v. Wal-Mart Stores, Inc., 191 N.J. 88, 123 (2007)). As for vacating a default judgment under this rule, …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … J.S. raises the following argument for our consideration: POINT I THE APPEAL TRIBUNAL AND BOARD OF REVIEW DENIED MY … N.J. Corp. v. N.J. Dep't of Env't Prot., 191 N.J. 38, 48 (2007)). "The burden of demonstrating that the agency's …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … On appeal, defendant presents the following argument: POINT I 3 See R. 5:5-3. 4 Rule 5:5-2(b) provides: Time and … Crespo v. Crespo, 395 N.J. Super. 190, 193 (App. Div. 2007) (quoting Cesare v. Cesare, 154 N.J. 394, 411-12 …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … opinion. On appeal, defendant argues the following: POINT ONE THE [TRIAL] COURT . . . WAS CLEARLY ERRONEOUS AS … See State v. Johnson, 396 N.J. Super. 133, 143 (App. Div. 2007). The remedy is not to withdraw a guilty plea. …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … services. Judge 4 A-4610-16T4 Perri found defendant pointed to no colorable facts supporting his claim of … court cannot enjoy." State v. Elders, 192 N.J. 224, 244 (2007) (quoting State v. Johnson, 42 N.J. 146, 161 (1964)). 6 …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … again affirmed the denial. On appeal, defendant argues: POINT I: BECAUSE THE FACTS IN E.D.O. WERE NEARLY IDENTICAL … State v. Watkins, 390 N.J. Super. 302, 305-06 (App. Div. 2007)). "A patent and gross abuse of discretion is defined …
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… Division, Atlantic County, Docket No. L-5311-14. Michael Confusione argued the cause for appellant (Hegge & … permanent injuries plaintiff claimed. Defense counsel also pointed to degenerative changes admitted by plaintiff's … accident. 3 See Davidson v. Slater, 189 N.J. 166, 185-86 (2007) (citations omitted), which held: When aggravation of a …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … grabbed her throat with two hands, applying pressure to the point that she could not breathe and felt pain, before … Crespo v. Crespo, 395 N.J. Super. 190, 194 (App. Div. 2007) (citing Manalapan Realty, L.P. v. Twp. Comm. of …
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… Submitted February 9, 2017 – Decided Before Judges O'Connor and Whipple. On appeal from Superior Court of New … cost for maintaining the children on the plan. The father pointed out an exhibit the mother attached to her motion … Div. of Youth & Family Servs. v. G.L., 191 N.J. 596, 605 (2007)). However, "[a] trial court's interpretation of the …
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… November 10, 2016 - Decided Before Judges Lihotz and O'Connor. On appeal from the Civil Service Commission, Docket … (the Commission) denying him a retroactive date of appointment to the position of Corrections Sergeant. After … Id. at 10 (quoting In re Carter, 191 N.J. 474, 483 (2007)). Our task is three-fold; we review: (1) whether the …