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… appeal from the New Jersey Government Records Council, GRC Complaint No. 2015-256. William Mark Scott, appellant, … 6 (App. Div. 2009), aff'd o.b., 201 N.J. 5 (2010)). "As always, our primary 'objective [in] statutory interpretation … for the closing agreement that the IRS, HCFFA, and Deborah ultimately executed to conclude the examination, which is …
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… Submitted September 23, 2020 – Decided Before Judges Whipple and Rose. On appeal from the Superior … N.J.S.A. 2C:35-5(a)(1) and 35-5(b), in exchange for a recommended four-year sentence. Question seventeen of the plea … is therefore necessary to develop facts important to the ultimate decision. State v. Porter, 216 N.J. 343, 355 …
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… NO. A-1154-20 W.R. and S.R., as the natural guardians for their unemancipated minor son, J.R., and W.R. and S.R., … conclude plaintiffs are entitled in these circumstances to communicate with defendants' insurer and, if necessary, file … claim an interest in collecting on any judgment they might ultimately obtain and are concerned that if defendants fail …
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… others entered into an agreement to sell their shares of common stock in Cispharma and their membership interests in … the evidence submitted by the parties on the motion, together with all legitimate inferences therefrom favoring the … Agreement does not exclude indemnification for claims that ultimately fail as a matter of law. Furthermore, while the …
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… The car returned a short time later, parking in a location away from the business, and the female driver got out. She … PERMITTING LAY OPINION TESTIMONY BY TWO OFFICERS AS TO THE ULTIMATE ISSUE IN THE CASE USURPED THE ROLE OF THE JURY AND … 1 (1968). 8 A-2574-17T1 articulable facts which, taken together with rational inferences from those facts," provide a …
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… described the building as a "boarding house," with a common hallway that led to defendant's room at its end; four people … Holland factor – and the fact that police in this case ultimately applied for a warrant is not dispositive that …
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… canal, walked into the backyard of a neighbor two doors away and were able to pull 4 A-3431-19 the dog out of the … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no … to imperiled property of de minimis or sentimental value ultimately leads to absurd and untenable results. While …
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… Party Plaintiff-Appellant, v. HARLEYSVILLE INSURANCE COMPANY, Third Party Defendant -Respondent. NOT FOR … in which the business operates . . . . Although Drennan ultimately did not require the insurance as an owner because … answers to interrogatories and admissions on file, together with the affidavits, if 10 A-1448-19 any, show that …
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… Submitted March 22, 2021 – Decided April 22, 2021 Before Judges Fasciale and Rothstadt. On appeal from the … without an evidentiary hearing. In a written decision accompanying his order, the PCR judge determined that … alleged in the light most favorable to the defendant, will ultimately succeed on the merits.'" State v. Porter, 216 …
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… telephonically May 26, 2020 – Decided July 17, 2020 Before Judges Messano and Ostrer. On appeal from the Superior … planning and engineering experts, and their extensive comments were contained in two reports to the Board and … present and Board business [was not] discussed." The judge ultimately determined the Board's actions were based on …
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… Russo, and answered two specific interrogatories that compelled the imposition of a life sentence without parole … Frank Marsh, who the State alleged defendant paid to ultimately execute the murder. Id. at 506–07.1 Defendant … on summation, when the witness would be unable to explain away inconsistencies. Moreover, as trial counsel explained, …
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… THAT HIS CLAIMS OF INEFFECTIVE ASSISTANCE OF COUNSEL WOULD ULTIMATELY SUCCEED ON THE MERITS. A. Trial Counsel was … Construction Site Owner, "[i]t is simply not possible [to commit such an assault] from the layout of the house, and go … children, the smaller occupied by her parents, who passed away in 2007. These parents were at the smaller house "mostly …
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… tenure charges seeking Kellish's dismissal for conduct unbecoming and NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE … as well as the final agency action 8 A-1445-18T1 . . . must ultimately 'determine "whether the competent evidential … and in opposition to UCC's motion. See, e.g., State Highway Dep't v. Civil Serv. Comm'n of Dep't of Civil Serv., 35 …
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… Des Champs occupied an industrial facility on Okner Parkway in Livingston where it assembled heat recovery … Des Champs decided to cease its operations at Okner altogether. Before terminating its operations on the site, Des … that she was now reconsidering. But the gist of the ALJ's ultimate assessment of the evidence is clear and …
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… POINT V THE COURT ERRED IN MERGING THE TWO GUN OFFENSES TOGETHER; THE CHARGE OF 5 A-5055-17T4 POSSESSION OF A GUN FOR … HER SUMMATION, IN SHOWING A MANIFEST DENIAL OF JUSTICE; COMMITTED MISCONDUCT SO EGREGIOUS, IT VIOLATED FOWLKES' … alleged in the light most favorable to the defendant, will ultimately succeed on the merits." R. 3:22- 10(b). A …
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… his official capacity as President of the New Jersey Law Enforcement Supervisors Association, and NEW JERSEY LAW … LOCAL #105, on behalf of all its members, Petitioners, and COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO, NEW JERSEY STATE … sought a ruling on its still undecided motions to dismiss. Ultimately, PERC scheduled the case for hearing. In …
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… deemed waived on appeal." N.J. Dep't of Env't Prot. v. Alloway Twp., 438 N.J. Super. 501, 505 n.2 (App. Div. 2015). … "a duly executed General Warranty Deed in recordable form together with an appropriate affidavit of title at the time of … to the issue of whether Kyriak had signed the agreement and ultimately issued an order granting plaintiff's 5 A-2295-19 …
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… Forensic Center for evaluation. At trial, the hospital committing psychiatrist testified that defendant was … of the dangers of consumption and chose to use the drug anyway. The prosecutor argued defendant's failure to describe … statements were used. Miranda may have been violated—but ultimately that issue too need not be reached. IV. During …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … indictment. Perry was indicted five more times for crimes committed in August (two), September, October, and November … Prot., 367 N.J. Super. 154, 159- 60 (App. Div. 2004)). "Ultimately, reviewing courts are not 'bound by the agency's …
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… Brighton held an easement to maintain a pedestrian pathway1 for public use. Appellants contend that state's "Public … tailored to the specific circumstances and issues that target Whole Foods for production. The [c]ourt deems the … accorded the broadest possible latitude to ensure that the ultimate outcome of litigation will depend on the merits in …