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- FRANK PALERMO, JR., ET AL. VS. MARCEL PALERMO (L-8761-18, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … adult sons of Frank Palermo, Sr. and Pasqualina Palermo. In 2007, the parents executed a series of documents related to … also had approximately $140,000 in liquid assets. In 2007, Louis arranged for Macri, an elder-law attorney, to …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … in the stomach. When asked how John struck Chad, Charlie pointed to the side of his stomach below the ribs and made a … Div. of Youth & Family Servs. v. M.M., 189 N.J. 261, 279 (2007) (quoting C.B. Snyder Realty, Inc. v. BMW of N. Am., …
- njcourts.gov… J.A.D. Under Article 1, Paragraph 7 of the New Jersey Constitution—our State's counterpart to the Fourth … to the station, when he was arrested for [DWI,] at that point John's Law was triggered …. [I]t is the opinion of … in original) (quoting State v. Elders, 192 N.J. 224, 243 (2007)). We "defer[ ] to those findings in recognition of the …
- STATE OF NEW JERSEY VS. KURT V. SMITH (19-01-0059, BURLINGTON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … count. Defendant raises the following arguments on appeal: POINT I THE STATE DENIED DEFENDANT HIS RIGHTS TO DUE PROCESS … trial unfair." State v. Wakefield, 190 N.J. 397, 538 (2007). Even where a defendant alleges multiple errors, "the …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … Previously, the department had designated the area as a "point of information," due to increased criminal activity. … 374 (2017) (quoting State v. Elders, 192 N.J. 224, 244 (2007)). We will "uphold the factual findings underlying the …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … rejected this argument, finding it meritless. Id. at 20. In 2007, Smith filed a petition for post-conviction relief … v. Alabama, 567 U.S. 460 (2012). Defense counsel was appointed to represent him. Smith claimed his sentence was …
- njcourts.gov… Public Defender, of counsel and on the brief). Yolanda Ciccone, Middlesex County Prosecutor, attorney for respondent … all of defendant's arguments and affirm. As detailed in point VI, however, we note an inconsistency between … South Brunswick, a black 2008 Mercedes Benz C300, a white 2007 BMW 6 Series, defendant, and his eventual codefendant …
- STATE OF NEW JERSEY VS. TROY L. BAILEY (19-04-0716, ATLANTIC COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… open. S.S. took Officer Evans inside defendant's room and "pointed out directly where the shotgun was" underneath 7 … (quoting State v. Elders, 192 N.J. 224, 10 A-2336-19 243 (2007)). So too a trial judge's credibility determinations … S.S. provided. 13 A-2336-19 Indeed, the PDVA explicitly empowers a judge to issue not only a temporary restraining …
- STATE OF NEW JERSEY VS. ANTHONY VEGA (05-12-2152, BERGEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … counsel were ineffective. On appeal, defendant argues: POINT I DEFENDANT'S PCR PETITION IS NOT PROCEDURALLY BARRED. … State v. Gaither, 396 N.J. Super. 508, 515 (App. Div. 2007). Instead, appellate counsel is afforded the discretion …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … land. DeFelice v. Zoning Bd. of Adjustment of Borough of Point Pleasant Beach, 216 N.J. Super. 377, 381 (App. Div. … The Legislature has delegated to municipalities the power to regulate local land use through the MLUL, N.J.S.A. …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … natural, and manmade disasters." The trial court also pointed out Woolley's testimony that the variance should not … 268, 275 (1967)). The MLUL vests a zoning board with the power "[i]n particular cases for special reasons, [to] grant …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … [(Emphasis added).] Dearborn also stated he operated his Point Pleasant facility the same way. Accordingly, his … are not supported by the record, . . . or if it usurps power reserved to the municipal governing body or another 28 …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … stand," defendant "put his foot down" three times, at which point, Gansel placed him under arrest. Gansel testified he … . . . common sense tells us . . . the dispatcher ha[s] the power to delegate the actual stop to officers in the field." …
- njcourts.gov… It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor … yelled: “Worry about a head shot, [epithet].” At no point did defendant brandish a weapon. About two hours after … for abrasively criticizing officials in positions of power, who are often stand-ins for displeasure at the …
- NANCY L. HOLM, ETC. VS. DANIEL M. PURDY (L-0098-17, MONMOUTH COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … and Walter were the sole owners of Holmdel, they had at one point opted in for workers' compensation coverage but later … also found the record lacked evidence of who possessed the power to make decisions concerning workers' compensation …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … In January 2000, the OMR and all of its functions, powers, budget and personnel were transferred from the DEP … 13:19-5.2(c) (emphasis added). As the parties correctly point out, N.J.A.C. 7:7-1.5 of the CZM Rules likewise …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … was entered. On appeal, Ryerson raises the following points in his counseled brief: I. THE TRIAL COURT ERRED IN … but they're even given stricter and . . . more powers when they are ancillary to the sale of a business." …
- njcourts.gov… It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor … Elk did not deviate from the seniority provisions, Puglia points out that a jury could still find a retaliatory motive … explained that the NLRA is designed to level the bargaining power between employers and employees, not to establish the …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … compelled by the court over eighteen months later, at which point they indicated that no such communications existed. In … with the non-physician arranging . . . to have greater power than the physician in the ownership and operation of …
- Ocean Grove Camp Meeting Ass’n of the United Methodist Church v. Township of Neptune - Unpublished Opinionsnjcourts.gov… part of the exempt organization’s operations, not just a convenience, and reasonably necessary for the proper and … Church has preached at 14 plaintiff’s property and can appoint or remove plaintiff’s current Chief Operating Officer … “limit, change, affect or alter any other existing right, power, property, obligation, liability or duty of any such …