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… Submitted October 8, 2019 – Decided Before Judges Gilson and Rose. On appeal from the New Jersey … findings. The Division found that R.K. had not provided competent medical evidence about her physical condition for … Div. 2005)). Nevertheless, "an appellate court is 'in no way bound by the agency's interpretation of a statute or its …
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… APPELLATE DIVISION DOCKET NO. A-3148-18T1 IN RE PETITION FOR EXPUNGEMENT OF THE CRIMINAL RECORD BELONGING TO T.O. … I THIS COURT MUST CONSTRUE THE EXPUNGEMENT STATUTE IN A WAY THAT GIVES THE GOVERNOR'S PARDON ITS FULL FORCE AND … Based Upon the Fact of Certain Convictions Rather than the Commission of the Crime. B. The Gubernatorial Pardon Removed …
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… Argued December 12, 2019 – Decided January 8, 2020 Before Judges Alvarez and DeAlmeida. On appeal from the … an occupied vehicle parked on the shoulder of a roadway in Eagleswood Township. The details of Olsen's … slurred speech, bloodshot and watery eyes, nearly inaudible communications, and admissions, Olsen determined he had …
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… Submitted November 7, 2019 – Decided Before Judges Koblitz, Whipple and Gooden Brown. On appeal … located in Elizabeth. Construction of the building was completed sometime in 2015, and plaintiff was the first … walls, explaining that the photographs "[did] not in any way, shape, form or fashion show . . . excessive damage . . …
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… January 23, 2020 - Decided February 7, 2020 Before Judges Koblitz, Whipple, and Mawla. On appeal from the … Joan C. Molloy additional alimony based on his total income, which included income from restricted stock units … each party may dispose of his or her property in any way. Each party waives and relinquishes any and all rights …
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… of Labor & Workforce Development, Division of Workers' Compensation, Passaic County, Claim Petition No. 2012-934. … 460 (App. Div. 1965). Thus, this assessment is considered together with the factor addressing the integration of the … the merits of the positions taken by either party or in any way suggest an outcome for their dispute. Vacated and …
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… a 148-page report from a private investigator, largely comprised of photographs taken from a mounted camera near … in the couple’s social and family circle; (4) Living together, the frequency of contact, the duration of the … significance to defendant's proffers. Nonetheless, we part ways with the judge's weighing of the statutory factors and …
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… Argued March 10, 2020 – Decided May 18, 2020 Before Judges Accurso and Gilson. On appeal from the Board of … the Board of Review (Board). The Board found that Wilhelm committed fraud by willfully misrepresenting her earnings … and enforcing responsibility, . . . we are in no way bound by the agency’s interpretation of a statute or its …
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… by a person named "Allen" and another person called "Nugget." The police conducted surveillance of the business and … (b)(9)(a) (count thirty-one). The State agreed to recommend concurrent sentences of eight years in prison … motion was heard, Irizarry had been released to a half-way house. 6 A-4680-18T3 The trial court denied the motion. …
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… On February 25, 2018, a municipal prosecutor filed a complaint charging defendant with fourth-degree operating a … a written order and decision on November 18, 2019. By way of background, the Sixth Amendment to the United States … prejudicial" and triggers a speedy trial analysis. See Doggett v. United States, 505 U.S. 647, 652 n.1 (1992). The New …
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… Submitted April 14, 2021 – Decided May 12, 2021 Before Judges Fuentes and Rose On appeal from Board of Review, … exercise program. Barney intended "to continue with the company . . . in the spring" but "there was [no] agreed upon … and the company could not "guarantee" their drivers were "always gonna be in the same vehicle." Barney provided a …
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… Submitted May 10, 2021 – Decided May 26, 2021 Before Judges Fasciale and Mayer. On appeal from the Superior … defendant returned to Room 233 and yelled out, "Babe, babe, come on, tell them we were playing." Defendant gave … been abused. . . . In any event, the officers had no way of verifying that and so their investigation into the …
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… AND DESIGNATION OF REGIONAL CENTER, CORE AND NODE COMMUNITY DEVELOPMENT BOUNDARIES FOR COASTAL PLANNING AREAS … Michele R. Donato argued the cause for appellant Fairways at Lake Ridge Homeowners Association, Inc. Kathrine M. … regulations for determining impervious cover limits and vegetative cover percentages for sites in coastal development …
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… Submitted February 8, 2021 – Decided October 14, 2021 Before Judges Messano and Suter. On appeal from the Superior … and an unidentified male answered. Detective Fesi wanted to complete the purchase. After asking how much money the … undercover detective had, the male confirmed he was on his way in a black Nissan Altima. DiDomenico testified an older …
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… Submitted March 22, 2021 – Decided November 12, 2021 Before Judges Currier and DeAlmeida. On appeal from the … alimony in the event he proves that W.S. is able to earn income despite her disability. Defendant also sought an order: … take depositions; (4) improperly limited discovery in other ways; (5) improperly vacated the suspension of alimony …
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… 2C:39-4(a)(1) (count six). He testified he and an accomplice entered a home with the purpose of robbing the … [H]owever, the [p]rosecutor did agree to assist in any way he could to facilitate the surgery. The judge denied … arms of the judicial and law enforcement establishment, together with defendant's own counsel, have misinformed him as …
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… Argued November 15, 2021 – Decided December 8, 2021 Before Judges Fasciale and Vernoia. On appeal from the … murder of Michael Carter, first-degree conspiracy to commit murder, and related weapons offenses. The court … of [the defendant's] participation in the conduct and the way familial and peer pressures may have affected" the …
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… Submitted October 6, 2021 – Decided December 1, 2021 Before Judges Fuentes and Gilson. On appeal from the Superior … which added a new mitigating factor for crimes committed by persons under the age of twenty-six, should be … curative change does not "alter the act in any substantial way, but merely clarifie[s] the legislative intent behind …
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… NO. A-0021-20 CBRE, INC., AS COURT APPOINTED RECEIVER FOR WCA 100, LLC, Plaintiff-Respondent, v. NEW WORLD … PER CURIAM This appeal arises from a dispute concerning a commercial lease between plaintiff-landlord Ivy 100 Rand … right to enforce the agreement. Although similar in many ways, the eviction action and the enforcement motion are not …
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… Submitted November 1, 2021 – Decided December 22, 2021 Before Judges Sumners and Firko. On appeal from the Superior … a/k/a Giovanni LoGrasso and LG4 Group Inc.'s motion to compel arbitration and dismissing plaintiffs' complaint. … in a simple, clear, understandable and easily readable way." N.J.S.A. 56:12-2. In considering whether an agreement …