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… as taxable. Since the $2.3 million does not represent economic gain nor recovery of a past tax benefit, the … of $7.7 million. In 2015, H2M declared bankruptcy. By this point, the angel investors had effective control of the … refers Mr. Musumeci since he was the investor in H2M. 2 In 2007, the Musumeci Irrevocable Trust in which Joseph …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … State v. Watkins, 390 N.J. Super. 302, 305 (App. Div. 2007). "A patent and gross abuse of discretion . . . 'is a … as a mandate. In support of that argument, defendant points to the part of the March 17, 2020 letter that states …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … Valley Regional Support Staff Association, 192 N.J. 489 (2007), the Court held that non-tenured employees "have no … at 493 (citing N.J.S.A. 18A:27-4.1(b)). To underscore the point, the Court distinguished between non-tenured employees …
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… Prosecutor, argued the cause for respondent (Yolanda Ciccone, Middlesex County Prosecutor, attorney; David M. … cannot enjoy." State v. Elders, 192 N.J. 224, 244 (2007). A reviewing court "ordinarily will not disturb the … N.J. Super. 508, 517 (App. Div. 1964)). Each Woodson factor points toward an unconstitutional intrusion on defendant's …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … the record. Plaintiff has been employed by defendant since 2007. He holds a commercial driver's license (CDL) and is … workers' compensation. The judge noted "[d]efendant points out that there were other instances where plaintiff …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … motion for summary judgment. Similar to plaintiff, amicus points out that a number of cases decided since Hopkins show … v. AHL Servs., Inc., 396 N.J. Super. 486, 494 (App. Div. 2007)). Our review is de novo, without affording any …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … the issues related to this civil litigation. I On May 22, 2007, a Middlesex County Grand Jury returned an indictment … that she was in the back seat until she screamed," at which point he "ordered her to get out of the car[.]" 5 The date …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … adversely impacting students." (citing Penns Grove-Carneys Point Bd. of Educ. v. Regina Leinen, 94 N.J.A.R.2d 405, 407 … sanctions as well." In re Herrmann, 192 N.J. 19, 28 (2007) (citing Knoble v. Waterfront Comm'n of N.Y. Harbor, 67 …
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… and BUILDERS FIRSTSOURCE NORTHEAST GROUP, LLC, MACALU CONSTRUCTION, INC., and MATZEL & MUMFORD AT EGG HARBOR, LLC, … pro hac vice was not excusable neglect. The judge also pointed out that the firm telephoned the arbitrator ten … Iliadis v. Wal- Mart Stores, Inc., 191 N.J. 88, 123 (2007)). Subsection (a) of Rule 4:50-1 provides that a court …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … Commitment of T.J.N., 390 N.J. Super. 218, 226 (App. Div. 2007)). The SVPA requires a court to find "by clear and … in a secure facility. Defendant's arguments on this point lack sufficient merit to warrant further discussion. …
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… and 013089-2015 BIANCO, J.T.C. This letter opinion constitutes the court’s decision with respect to a Motion … Sales and Use Tax deficiencies, recovery 1 February 14, 2007 Ms. Harding and Gary Lanier obtained a Judgment for … ST-8 forms were filed, it is not clear to the court at this point that said forms were in fact filed. 4 The court was …
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… argued the cause for respondent (Law Offices of Nicodemo & Connell, PC, attorneys; Mr. Nicodemo, on the brief). NOT FOR … de novo. Hodges v. Sasil Corp., 189 N.J. 210, 220-21 (2007). Having done so, we conclude that the denial of The … December 5, 2011 memo includes a "statute date" reference point of May 10, 2013, which presumably refers to when the …
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… October 10, 2017 – Decided Before Judges Accurso and O'Connor. On appeal from Superior Court of New Jersey, Law … E.B. asserts the following argument for our consideration: POINT I: THE STATE FAILED TO PROVE BY CLEAR AND CONVINCING … Commitment of T.J.N., 390 N.J. Super. 218, 226 (App. Div. 2007)). Therefore, a trial court's determination is accorded …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … neighbors, and drugs and alcohol were being used. At some point during the evening, Jenny and Robert became involved … of Youth & Family Services v. B.R., 192 N.J. 301, 306 (2007), held a parent's right to counsel is grounded in both …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … this record, defendant raises the following arguments. POINT I THE TRIAL JUDGE ERRED IN DENYING THE MOTION TO … as appellate judges. State v. Elders, 192 N.J. 224, 243-44 (2007). However, "[d]eference ends when a trial court's …
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… Jonathan Cruz appeals his December 4, 2015 judgment of conviction. He challenges the trial court's denial of his … 516 (2015) (quoting State v. Elders, 192 N.J. 224, 243-44 (2007)). "Deference to those findings is particularly … 1016, 94 L. Ed. 2d 72, 80-81 (1987)). Thus, "until the point of [the defendant]'s arrest the police had the right, …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … work while under treatment until October 21, 2010. At that point, a physician reviewed an MRI performed on October 6, … Trs., Police & Firemen's Ret. Sys., 192 N.J. 189, 194-95 (2007) (setting forth elements of a claim for accidental …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … received twenty-one referrals between 2011 and 2013. She points out the Division did not substantiate her. 9 … Youth & Family Servs. v. G.L., 191 N.J. 596, 609 (App. Div. 2007). The trial court must discern "'whether, after …
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… Argued January 26, 2017 – Decided Before Judges Hoffman, O'Connor and Whipple. On appeal from Superior Court of New … noting defendant "took pains to avoid agreeing to simple points" during his testimony. We accord deference to the … Genovese v. Genovese, 392 N.J. Super. 215, 223 (App. Div. 2007) (citations omitted). Defendant contends the home was …
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… I can only view this litigation as being frivolous at this point." The court noted that defense counsel served a safe … Credit Union v. Perez, 391 N.J. Super. 419, 433 (App. Div. 2007). We also require strict compliance with the procedural … the complaint until he could. 4 Although the court is empowered to impose sanctions on its own initiative under Rule …