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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … of his suppression motion,1 raising the following single point for our consideration: SUPPRESSION IS REQUIRED BECAUSE … 609 (2021) (quoting State v. Elders, 192 N.J. 224, 243 (2007)). "We defer to those findings of fact because they …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … to call me, I would respond." So he said to me at that point in time, "Well, I was busy." I said, "Okay. . . . No … persons or property." In re Herrmann, 192 N.J. 19, 33-34 (2007). The CSC adopted the ALJ's determination that removal …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … followed. 12 A-2272-21 II. Defendant raises the following point on appeal: POINT ONE [DEFENDANT] IS ENTITLED TO RELIEF … 141 (2009) (quoting State v. Elders, 192 N.J. 224, 244 (2007)). We must affirm the PCR court's factual 13 A-2272-21 …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … though that was an inappropriate motion to file at that point in time, but that wasn't even filed until a month … River Reg'l Schs., 392 N.J. Super. 80, 91-92 (App. Div. 2007)). Importantly for purposes of this appeal, Rule …
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… After receiving your letter, the Board discussed the points and questions you raised during our executive session … both students and staff is of utmost importance and has empowered the District leadership team to make decisions … 206 N.J. at 27 (quoting In re Herrmann, 193 N.J. 19, 27-28 (2007)). "The burden of demonstrating that the agency's …
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… Auth. v. Artaki, LLC, 392 N.J. Super. 141, 149 (App. Div. 2007)). As noted, before us T.W. argues that the motion … motion court "misread" the Supreme Court's Order. On this point, T.W. asserts that the court failed to consider all … Under the 14 A-1698-22 circumstances, the court was empowered to grant T.W.'s request under section 2(c). Finally, …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … O'Meara said he "tr[ied] to define from a critical thinking point of view what is a racist; is it only defined by the … v. Toms River Reg'l Schs. Bd. of Educ., 189 N.J. 381, 402 (2007) (applying LAD's prohibition against sexual harassment …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … extremely difficult. Id. at 4–5. Defendant at some point had changed tack, and the court granted her motion for … Tarus v. Borough of Pine Hill, 189 N.J. 497, 520 (2007) (quoting Velasquez v. Franz, 123 N.J. 498, 505 …
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… Prosecutor, argued the cause for respondent (Yolanda Ciccone, Middlesex County Prosecutor, attorney; Joie D. … Defendant raises the following issues on appeal: POINT I THE "TIP" BY A KNOWN CRIMINAL TO THE EDISON POLICE … enjoy.'" Ibid. (quoting State v. Elders, 192 N.J. 224, 244 (2007)). "A trial court's legal conclusions, however, and its …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … summary judgment decision is de novo. DeSimone v. Springpoint Senior Living, Inc., 256 N.J. 172, 180 (2024); see … v. Nowell Amoroso, P.A., 189 N.J. 436, 445-46 8 A-3168-22 (2007)). Our review entails determining "whether the …
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… December 27, 2024 Before Judges Paganelli and Torregrossa-O'Connor. On appeal from the Superior Court of New Jersey, Law … was not totally altruistic and . . . defendant knew at that point . . . that the police probably had some DNA evidence … State v. Gaither, 396 N.J. Super. 508, 513-14 (App. Div. 2007). "[I]n applying the Strickland standard to assess a …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … sons, Arthur and William, as co- executors, the court appointed J. Llewelyn Mathews, Esq. as Administrator of … also State v. Brown, 394 N.J. Super. 492, 503 (App. Div. 2007) (adopting the same definition of privity). The …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … present the following arguments for our consideration: POINT I SUMMARY JUDGMENT MUST BE REVERSED[.] 11 A-0556-17T1 … Peloro v. United States, 488 F.3d 163, 175-76 n.12 (3d Cir. 2007) (finding that similarity of issues may be shown by the …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … does not find that [A.K.] is a credible witness on that point. . . . [S]he did not attempt to correct [Muhalix's] … of Youth & Family Servs. v. M.M., 189 N.J. 261, 281-83 (2007) (finding abuse or neglect where the father refused to …
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… Joseph G. Antinori argued the cause for respondent (Brown & Connery, LLP, attorneys; Joseph G. Antinori, on the brief). … by the discussions between counsel all the way up to the point in time where [Pitts' counsel] told [the District's … intended." Pacifico v. Pacifico, 190 N.J. 258, 266 (2007) (citations omitted). "[P]arties may orally, by …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … raises the following issues for our consideration: POINT I THE REMOVAL OF DEFENDANT FROM HIS HOME WAS IMPROPER … 2005); State v. Baum, 393 N.J. Super. 275, 291 (App. Div. 2007). The Fifth Amendment of the United States Constitution …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … and insurance card, which defendant provided. At that point, he detected "an odor of an alcoholic 2 Defendant's … Div. of Youth & Family Servs. v. G.L. 191 N.J. 596, 605 (2007)). Based on our review of the record, we find no basis …
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… v. PRECISION BILLING LLC, d/b/a PRECISION BILLING & CONSULTING SERVICES, LLC, PRECISION BILLING PROPERTIES, LLC, … and other health care services to the public. On April 7, 2007, plaintiff entered into a contract with Precision for … at trial any information received from plaintiff, the appointment of a custodian for plaintiff's patient …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … was not doing the clean demolition on the job. But at that point[,] and given the discussion and given other factors … Credit Union v. Perez, 391 N.J. Super. 419, 425 (App. Div. 2007) (citing Van Horn v. City of Trenton, 80 N.J. 528, 538 …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any cour t." … motion for summary judgment in the Law Division, defendants pointed out that Judge Sheridan had found the original … Credit Union v. Perez, 391 N.J. Super. 419, 432 (App. Div. 2007)). "Where a party has [a] reasonable and good faith …