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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … He concluded that the 2008 incident was the "tipping point" that led to Crowder's inability to perform his duties … of Trs., Police & Firemen's Ret. Sys., 192 N.J. 189, 212 (2007), which Crowder incorrectly claims provides for …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … permanent injury.'" Davidson v. Slater, 189 N.J. 166, 188 (2007). Applying those standards to the proofs adduced on the … aggravation of a pre-existing disc herniation," failed to point "to the specifics of what [led] him to that conclusion …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … N.J. 146, 161 (1964)); State v. Elders, 192 N.J. 224, 244 (2007). The trial court's decision must be affirmed if it is … to the passenger of a vehicle, "an officer must be able to point to specific and articulable facts that would warrant …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … of the hearing officer." On appeal, Reed reargues the same points he asserted in Reed I. Because we rejected Reed's … policies to the facts." In re Carter, 191 N.J. 474, 482-83 (2007) (quoting Mazza v. Bd. of Trs., 143 N.J. 22, 25 …
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… dispute referred to in the November 22, 2024 order will continue on in this court. But our rules also acknowledge … to enforce a judgment” under Rule 4:59. See Janicky v. Point Bay Fuel, Inc., 396 N.J. Super. 545, 550 (App. Div. 2007). There is no doubt that the September 18, 2024 …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … v. AHL Servs., Inc., 396 N.J. Super. 486, 494 (App. Div. 2007)). We "accord no deference to the trial judge's … "because the [motion] court found in Kwon's favor on this point and [it] did not file a cross-appeal." 6 A-2606-22 …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … individuals belonging to the LGBTQ+ community, and at one point 1 Under N.J.A.C. 10A:4-4.1(a)(2)(ii), an inmate who … support in the record." In re Herrmann,192 N.J. 19, 27-28 (2007) (citing Campbell v. Dep't of Civil Serv., 39 N.J. 566, …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … based on judicial estoppel. The arguments raised in points one, two, and four lack sufficient merit to warrant … of Girl Scouts, Inc., 393 N.J. Super. 599, 612 (App. Div. 2007). Because this argument was not properly raised below, …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … of her criminal record. The State objected to the petition, pointing out that under the expungement statute's "clean … 18 (quoting In re G.R., 395 N.J. Super. 428, 431 (App. Div. 2007)). Section 14 of the statute outlines the grounds for …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … under the influence of a drug. Defendant argues on appeal: POINT I: DEFENDANT'S MOTION TO SUPPRESS EVIDENCE WAS … court." Ibid. (quoting State v. Elders, 192 N.J. 224, 243 (2007)). The factual findings of a trial court are also …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … appealed from the judgment of conviction dated June 8, 2007. We affirmed defendant's conviction and sentence. State … On appeal, defendant raises the following argument: POINT I THE LOWER COURT ERRED IN DENYING PETITIONER'S MOTION …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … old because defendant was not taking him to his medical appointments. When Erin was born just eleven months later, the … Div. of Youth & Family Servs. v. M.M., 189 N.J. 261, 279 (2007) (citing In re Guardianship of J.T., 269 N.J. Super. …
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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, 293 (2007)). "Therefore, an appellate court should not disturb … also State v. Macon, 57 N.J. 325, 336 (1971). Defendants point out that G.A. was not alleged to have committed …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … The ALJ reversed the Board's initial decision. The Board pointed out that, unlike with lay witnesses, it need not … enforcing." Richardson v. Bd. of Trs., 192 N.J. 189, 196 (2007). "Such deference has been specifically extended to …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … required defendant to reimburse plaintiff $193,117.07; appointing plaintiff the attorney-in-fact for the sale of … Iliadis v. Wal-Mart Stores, Inc., 191 N.J. 88, 123 (2007)). Reconsideration is appropriate if "1) the [c]ourt …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … and therefore, Delaney could not be called to testify. In point of fact, Delaney was incarcerated in the same county … record support. State v. Elders, 192 N.J. 224, 243 (2007). "[A]n appellate court should not disturb the trial …
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… argued the cause for respondent/cross-appellant (Brown & Connery, LLP, attorneys; Stephanie L. Meredith, on the … an orthopedic surgeon. Dr. Canario examined petitioner in 2007, 2011, and 2012. While Dr. Canario agreed that … and permanently disabled. Respondent's arguments on this point are without sufficient merit to warrant further …
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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) (internal quotation marks and citation omitted). "It … (first alteration in original). As defendant correctly points out, "not every instance of drug use by a parent …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … stood up and walked away towards Gloria's house. At this point, the victim was bleeding. A passing vehicle stopped, … 73, 90 (2010) (quoting State v. Burns, 192 N.J. 312, 341 (2007)).] Our Supreme Court has observed "error in a jury …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … of Youth & Family Servs. v. M.M., 189 N.J. 261, 278-79 (2007). We defer to the factual findings of the family court … was never shifted to him. While Judge Paganelli at one point questioned why certain witnesses were not called by …