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… Cohen, Assistant Attorney General, of counsel; Nicholas Falcone and Patrick J. Misale, Deputy Attorneys General, on the … the law." Ibid. (quoting In re Carter, 191 N.J. 474, 482 (2007)). Second, we examine "whether the record contains … documented health and safety concerns." The PAC also pointed to the "[m]ultiple women at EMCF [who] . . . …
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… STATE OF NEW JERSEY, Plaintiff-Respondent, v. NATALY Y. TICONA-GOMEZ, Defendant-Appellant. … to decide the matter." State v. Elders, 192 N.J. 224, 245 (2007). We will "reverse only when the trial court's … reasonable suspicion, "the officer must be able to point to specific and articulable facts which, taken …
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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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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … at the party but was not intoxicated or impaired. At some point during the party, Emily asked plaintiff and others to … original) (quoting Jerkins v. Anderson, 191 N.J. 285, 305 (2007)). 10 A-2503-17T3 Plaintiff's claims against the …
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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 … 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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… 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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… 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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… 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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… 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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… 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 …
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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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… 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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… 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 … 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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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … Commitment of T.J.N., 390 N.J. Super. 218, 226 (App. Div. 2007)). We generally will not modify the SVPA trial judge's … the limited purpose the judge specified. In the final two points defendant raises on appeal, he argues the record does …
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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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… 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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… Plaintiff-Appellant, v. SOCIETY HILL AT UNIVERISTY HEIGHTS CONDOMINIUM ASSOCIATION II, INC., Defendant-Respondent. … 09–02, 201 N.J. 349, 358 (2010)). In doing so, our starting point is the plain language of the statute itself, giving … Association v. Rabinowitz, 390 N.J. Super. 154 (App. Div. 2007), we interpreted that language as compelling dismissal …