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… probable cause was established. On December 21, 2016, a complaint issued, and charged defendant with possession of a … deprived of his freedom of action in any significant way." Id. at 265-66 (quoting Miranda, 384 U.S. at 444). … is simply part of an investigation and is not targeted at the individual because she or he is a suspect, the …
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… JERSEY, Plaintiff-Respondent, v. TRACY S. ANDERSON, a/k/a DWAYNE ANDERSON, and TYQUAM, Defendant-Appellant. … Argued telephonically June 1, 2020 – Decided July 7, 2020 Before Judges Rothstadt and Mitterhoff. On appeal from the … as if to retrieve or conceal something. Defendant did not come to an immediate stop. He continued and eventually …
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… MARIO GONZALEZ, Plaintiff-Respondent, v. LAUMAR ROOFING COMPANY, INC., Defendant-Appellant/ Third-Party Plaintiff, … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no … Legislature intended something other than that expressed by way of the plain language.'" Id. at 529-30 (alternation in …
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… for the ACA Medicaid plan if they fall within a certain income range, are not eligible for minimum essential health … and her eligibility for Medicaid Workability, taken together, supported an exercise of the Commissioner's … Div. 2006)). Nevertheless, "an appellate court is 'in no way bound by the agency's interpretation of a statute or its …
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… Submitted October 14, 2020 – Decided Before Judges Yannotti and Natali. On appeal from the Superior … as certain other matters, including the revised and the Completed Merit Goals Submission Form (CMGSF). The record … affecting the public is discussed or acted upon in any way . . . ." N.J.S.A. 10:4-7. Furthermore, the public's …
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… v. ALLSTATE FIRE & CASUALTY INSURANCE COMPANY, Defendant-Respondent. … "fail[ed] to allege or otherwise identify in what way they contend the . . . [p]anel erroneously applied the … N.J. Super. at 294-95, and plaintiffs offer no basis to revisit it. We therefore are not convinced there is a 14 …
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… Submitted October 20, 2020 – Decided Before Judges Yannotti, Haas and Mawla. On appeal from the … widow under N.J.S.A. 43:16A-1(24)(b). We affirm. By way of background, "[u]pon the death after retirement of any … to the member's widow or widower a pension of 50% of final compensation for the use of herself or himself, to continue …
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… Argued October 20, 2020 – Decided October 29, 2020 Before Yannotti, Haas and Mawla. On appeal from the Superior … parties advised us at oral argument that defendant passed away during the pendency of this appeal. NOT FOR PUBLICATION … and they separated in November 2008. Plaintiff filed the complaint for divorce that is the subject of this appeal on …
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… Argued November 12, 2020 – Decided Before Judges Ostrer and Accurso. On appeal from the Superior … convenience, we use the name that appears in her original complaint. 2 Evidently, counsel did not spread the … of record, judicially noticeable, nor stipulated, by way of statements of counsel made in supporting briefs." …
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… that she was intoxicated. He stated that defendant was "swaying in her chair," smelled of alcohol, and her eyes were … he and other officers escorted defendant to the restroom to complete the test, she was "loud and boisterous" and was … on each other substantively. They must therefore be read together." Id. at 501-02. In the present case, defendant was …
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… Argued September 14, 2020 – Decided Before Judges Currier and DeAlmeida. On appeal from the … 26, 2019 order of the Chancery Division dismissing her complaint and confirming an arbitration award upholding … of the record or admitted to by the arbitrator." N.J. Highway Auth. v. Int'l Fed'n of Prof'l and Tech. Eng'rs, Local …
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… Submitted March 16, 2021 – Decided April 5, 2021 Before Judges Mawla and Natali. On appeal from the Superior … procedural history as set forth in our prior opinion. By way of background, defendants executed a $404,700 promissory note to Ameriquest Mortgage Company (Ameriquest). As security for repayment, defendants …
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… Argued March 22, 2021 – Decided April 30, 2021 Before Judges Sabatino, Currier and DeAlmeida. On appeal from … in criminal investigations are justified, that they do not comprise discipline by his employer, and that plaintiff was … plaintiff's complaint with prejudice. A few comments by way of amplification are in order. The nub of this case …
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… the primary jurisdiction of the Public Employment Relations Commission ("PERC"). After considering the allegations and … court's decision." Ibid. (citing Do-Wop Corp. v. City of Rahway, 168 N.J. 191, 199 (2001)). "It is a commonplace of … receiver was not warranted in this case, but that can be revisited should plaintiffs pursue a remedy before PERC and …
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… bus to Paterson. After they arrived, Georgie chose the target car; Torres held back, but the others ventured toward … did not understand what was said. While Georgie and his companion spoke to the driver, Georgie pulled a gun on her. … and "that trial counsel's performance was not in any way deficient." The court also found that Torres provided an …
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… PUNJABI, DR. CHRISTIAN MCDONOUGH, DR. ALIRAZA DINANI, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … University Hospital (RWJUH). Arguing they substantially complied with the notice requirements of the New Jersey Tort … means that 10 A-2267-19 the notice has been given in a way, which though technically defective, substantially …
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… Argued October 18, 2021 – Decided November 17, 2021 Before Judges Messano, Accurso and Rose. On appeal from the … time requirements under section 4.32(b)(1) of the State Highway Access Management Code, N.J.A.C. 16:47-1.1 to 16:47-14.1 … history from the record evidence. Maple Shade purchased commercial property located at the intersection of Route 38 …
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… Submitted December 1, 2021 – Decided January 5, 2022 Before Judges Whipple and Susswein. On appeal from the New … of the night. The security footage showed that no inmate complied.1 Instead, it showed some inmates using kiosks and … to support the charge" making the polygraph "the only way in which [petitioner] could prove his innocence." …
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… Submitted January 19, 2022 – Decided February 1, 2022 Before Judges Rothstadt and Mayer. On appeal from the Superior … . . .would have gleaned any exculpatory evidence or compelling evidence whatsoever . . . ." On the motion for an … the missing four minutes differed in any meaningful way from the existing sixteen minutes of footage produced by …
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… Submitted March 7, 2022 – Decided April 8, 2022 Before Judges Messano, Accurso, and Rose. On appeal from the … Law Division, Monmouth County, Docket No. L-3571-19. McOmber McOmber & Luber, PC, attorneys for appellant (R. … purpose underscoring both acts, see Abbamont v. Piscataway Twp. Bd. of Educ., 138 N.J. 405, 417-18 (1994), and …