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… noticed that defendant’s demeanor began to change at this point, and he became frustrated with Delagarza’s presence … force by “physically set[ting] upon [defendant] with overpowering force when he never so much as attempted a punch, … emphasizes that, contrary to State v. Williams, 192 N.J. 1 (2007), and State v. Crawley, 187 N.J. 440, cert. denied, 549 …
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A-3380-23 Briefs
Briefs
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… Division, January 24, 2025, A-003380-23 i TABLE OF CONTENTS PAGE STATEMENT OF PROCEDURAL HISTORY. . . . . . . . … . . . . . . . . . . . . . . . . . . . . . .3 LEGAL ARGUMENT POINT I THIS COURT SHOULD REVERSE THE TRIAL COURT’S … 205, 215 (App. Div. 2006), aff’d as modified, 189 N.J. 108 (2007) (finding that it was in the interests of justice for …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … obtain employment, apply for any position or seek appointment to any position, with the [Employer], or any board … (2011) (citing In re 5 A-0195-22 Herrmann, 192 N.J. 19, 27 (2007)). "An administrative agency's final quasi- judicial …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … 267, 280 (2018) (citing In re Carter, 191 N.J. 474, 482-83 (2007)). "[A]n enhanced deferential standard" applies to … v. Dep't of Treasury, 390 N.J. Super. 209, 213 (App. Div. 2007). "Instead, in determining a person's eligibility to a …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … determination is limited. In re Carter, 191 N.J. 474, 482 (2007). We will sustain a board's decision "unless there is a … 14, 27 (2011) (quoting In re Herrmann, 192 N.J. 19, 27-28 (2007)). Under this standard our scope of review is guided by …
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… her motion to enforce two equitable distribution provisions contained in the parties' property settlement agreement … the record." MacKinnon v. MacKinnon, 191 N.J. 240, 253-54 (2007) (alteration in original) (quoting N.J. Div. of Youth & Family Servs. v. M.M., 189 N.J. 261, 279 (2007)). However, we owe no special deference to the judge's …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … did not file an answer or otherwise defend. On February 5, 2007, the court entered default against him. On February 20, 2007, MERS mailed a copy of the notice of default to him at …
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… AS TRUSTEE FOR HOLDERS OF THE GSAA HOME EQUITY TRUST 2007-5 ASSET-BACKED CERTIFICATES SERIES 2007-5, Plaintiff-Respondent, v. ALICIA M. GUERRERO and MR. … APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … Ahammed v. Logandro, 394 N.J. Super. 179, 187-88 (App. Div. 2007). We may also consider an order not identified in the … Super. 143, 156 (App. Div. 2017). N.J.S.A. 39:5-30(a) empowers the Commission to suspend a motorist's driving …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … neuroforaminal narrowing, as well as medical records from 2007 that noted degenerative joint disease. In his Initial … Police and Firemen's Ret. Sys., 192 N.J. 189, 212-13 (2007), Gibson proved the 2009 incident was undesigned and …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … Div. of Youth & Family Servs. v. M.M., 189 N.J. 261, 279 (2007). Nonetheless, that interest is not absolute and "must … Div. of Youth & Family Servs. v. G.L., 191 N.J. 596, 605 (2007) (quoting M.M., supra, 189 N.J. at 294-95). In some …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … v. Bd. of Trs., Police & Firemen's Ret. Sys., 192 N.J. 189 (2007). Nonetheless, the ALJ also found the reports from … 14, 27 (2011) (quoting In re Herrmann, 192 N.J. 19, 27-28 (2007)). As Stallworth explains, in determining whether …
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… Division of Workers' Compensation, Claim Petition No. 2007-18569. David P. Kendall argued the cause for appellant … APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … 34:15-27. We affirm. Petitioner injured his back in 2007 lowering two, five- gallon drums of chemicals to the …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … suppression motion. More particularly, Normil raises one point for our consideration, arguing: THE CONTRABAND FOUND … 374 (2017) (quoting State v. Elders, 192 N.J. 224, 244 (2007)); see also State v. Locurto, 157 N.J. 463, 474 (1999) …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … standard mandates that the opposing party do more than 'point[] to any fact in dispute' in order to defeat summary … Insurance Corp. v. Nowell Amoroso, P.A., 189 N.J. 436, 440 (2007), also involving a legal-malpractice claim, the policy …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … presents the following arguments for our consideration: POINT I THE COST OF FUTURE MEDICAL CARE PROJECTED BY … Daidone v. Buterick Bulkheading, 191 N.J. 557, 565 (2007) (quoting DiProspero v. Penn, 183 N.J. 477, 492 …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … visit to the emergency department at Clara Maass at "a point in time where there was much less tissue affected by … behalf of the hospital. See Basil v. Wolf, 193 N.J. 38, 67 (2007) (citation omitted) (explaining apparent authority in …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … now raises the following contentions for our consideration: POINT ONE THE TRIAL COURT IMPROPERLY DENIED DEFENDANT'S … 412, 424 (2014) (citing State v. Elders, 192 N.J. 224, 243 (2007)). "By contrast, the task of appellate courts generally …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … standard of care. The judge stated Levin was unable "to point to the presence or absence of certain clinical … 64-65 (2020) (citing Brenman v. Demello, 191 N.J. 18, 31 (2007)). "[A]n abuse of discretion 'arises when a decision is …
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… identities of the children and parties and to preserve the confidentiality of these proceedings. R. 1:38- 3(d)(11). NOT … with a belt. Additionally, Detective McNally asked Alby to point to where G.W. "disciplined" him. Alby cooperated and … & Fam. Servs. v. B.H., 391 N.J. Super. 322, 340 (App. Div. 2007) (finding lashing of a six-year-old child with a belt …