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… Argued January 24, 2017 – Decided Before Judges Espinosa and Guadagno. On appeal from the Board … towns in the event of a medical emergency. 3 A-0950-15T2 replacement surgery and could not help with the lift. The … A second back surgery followed in July 2013. In a comprehensive written decision, Judge Pelios concluded …
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… Submitted November 27, 2017 – Decided Before Judges Sabatino and Whipple. On appeal from Superior … of the Middlesex County charges. This letter was accompanied by the requisite forms, N.J.S.A. 2A:159A-3(b), … prosecuting officer’s jurisdiction written notice of the place of his imprisonment and his request for a final …
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… Submitted July 11, 2017 – Decided Before Judges Nugent and Accurso. On appeal from the New … of parole conditions and the risk he presented to the community. 4 A-4695-15T3 The municipal police officer … OTHER GANG MEMBERS. POINT III SINCE THE ABOUT [SIC] ERROR PLACES AN UNCONSTITUTIONAL RESTRAINT ON APPELLANT['S] …
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… Submitted October 23, 2017 - Decided Before Judges Accurso and O'Connor. On appeal from Superior … of summary judgment dismissing her personal injury complaint against defendant Liebenzell Mission of USA. … other than a 'dominant motive' of charity by providing a place for low-cost religious and personal reflection." See …
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… Submitted April 10, 2018 – Decided Before Judges Gilson and Mayer. On appeal from Superior Court … 14-02-0304. Joseph E. Krakora, Public Defender, attorney for appellant (Stephen W. Kirsch, Assistant Deputy Public … rights but had "a question." The following exchange took place between defendant and the detective: DEFENDANT: Yes, I …
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… Submitted April 10, 2018 – Decided Before Judges Fisher and Moynihan. On appeal from Superior … In 1999, tetrachloroethylene (PCE) – a substance commonly used by dry-cleaning businesses – in excess of … could have migrated either horizontally or vertically to a place directly beneath the dry-cleaning operation. In …
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… Submitted May 8, 2018 – Decided Before Judges Fisher and Fasciale. On appeal from Superior … CONCLUDED THAT AN UNIDENTIFIED "NEUROCOGNITIVE CONDITION" PLACED THE CHILD IN DANGER WHEN ALL OF THE EXPERTS AGREED … 2:11-3(e)(1)(E), and affirm. We add only the following few comments. Parents have a constitutionally-protected right to …
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… Submitted January 22, 2018 – Decided Before Judges Messano and Vernoia. On appeal from Superior … without an evidentiary hearing for reasons expressed in a comprehensive written opinion. The judge properly set forth … while using "and/or" was disfavored, the Court did not "place an outright ban on the practice, so long as the …
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… Submitted December 17, 2018 – Decided Before Judges Haas and Mitterhoff. On appeal from Superior … facts from the record. Green Tree is a meat and fish company that sells to businesses throughout the metropolitan … copying, or both, by other parties at a reasonable time and place. The judge may order that they be produced in court. …
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… Submitted March 16, 2017 – Decided Before Judges Hoffman and O'Connor. On appeal from Superior … waiver of the forty-two-month parole disqualifier and to recommend reduction, under the waiver provision, to one year … serve the interests of justice, the assignment judge shall place the defendant on probation pursuant to [N.J.S.A. …
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… Submitted February 14, 2017 – Decided Before Judges Rothstadt and Sumners. On appeal from Superior … a little difficult, defendant had or should have had [complete] control of his vehicle, that means complete … on what amounted to the "res ipsa doctrine," which "has no place in criminal or quasi-criminal proceedings, where the …
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… Submitted June 6, 2017 – Decided Before Judges Rothstadt and Sumners. On appeal from the … but refused to execute them. He subsequently failed to comply with the terms of his parole, and, as a result, it … for the reasons expressed by Judge Taylor in his compressive oral decision. Affirmed. … STATE OF NEW JERSEY …
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… Defendant-Appellant. Argued February 1, 2017 – Decided Before Judges Alvarez and Manahan. On appeal from the Superior … of physical and mental health ailments related to a workplace explosion that occurred many years prior. As a result … MUST BE SUPPRESSED. POINT II A PRE-McNEELY ANALYSIS COMPELS THAT THE EVIDENCE BE SUPPRESSED. POINT III …
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… Submitted May 3, 2017 – Decided Before Judges Accurso and Manahan. On appeal from the Civil Service Commission, Docket No. 2014-2108. Jacobs & Barone, P.A., … issued a Preliminary Notice of Disciplinary Action and placed Layton on indefinite suspension pending the outcome …
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… Submitted January 8, 2018 – Decided Before Judges Sabatino and Ostrer. On appeal from Superior … case against them was closed. In the meantime, the Division placed E.C. in a resource home, where the form of Judaism … court granted the State's pre- answer motion to dismiss the complaint under Rule 4:6-2(e), finding that plaintiff's pro …
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… Submitted March 6, 2018 – Decided Before Judges Fisher and Sumners. On appeal from Superior … to a "lawful" detention or arrest, he stands in the same place as an occupant who is absent for any other reason. … was so infused by those principles that simple fairness compels a remand for further development of the record, …
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… encountered by [Hammond] . . . were not a usual or common situation," because there were only "two known obese … EMS responds to not only residents of the town, but also visitors, shoppers, pedestrians and people hit by a car, who … a traumatic event that is . . . identifiable as to time and place, . . . undesigned and unexpected, and . . . caused by …
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… Submitted March 20, 2018 – Decided Before Judges Gilson and Mayer. On appeal from Superior Court … years in prison. Defendant claims he did not receive the recommended sentence of NOT FOR PUBLICATION WITHOUT THE … The judge who rejected defendant's admission to drug court placed the reasons for his decision on the record. Based on …
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… Submitted September 13, 2018 – Decided Before Judges Suter and Firko. On appeal from Superior Court … on their farm and lake houses that was supposed to be accomplished within one year from the date the agreement was … secure refinancing, plaintiff claims that he requested her compliance with the agreement in listing the properties for …
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… Argued May 13, 2019 – Decided May 29, 2019 Before Judges Messano, Fasciale, and Rose. On appeal from … and pursued a "harassment, intimidation and bullying" (HIB) complaint against them. Plaintiffs alleged that other … to enter into the consent confidentiality order already in place in the DeFranco litigation. Nathan moved to intervene …