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… Submitted May 3, 2023 – Decided May 24, 2023 Before Judges Currier and Mayer. On appeal from the New Jersey Civil Service Commission, Docket No. 2019-3434. Michael P. Rubas, attorney … concluded it was "not an abuse of discretion to remove someone who cannot meet the requirements of the job" and upheld …
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… Argued June 6, 2023 – Decided September 1, 2023 Before Judges Sumners and Geiger. On appeal from the Superior … . . . existed" because the parties never agreed to one.1 Appellate review of summary judgment is de novo. … genuine issues of material fact, we consider "whether the competent evidential materials presented, when viewed in the …
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… Submitted September 26, 2023 – Decided October 4, 2023 Before Judges Sabatino and Marczyk. On appeal from the … Paris & Genitempo, LLC, attorneys for appellants (Kristen Jones, of counsel and on the brief). Respondents have not … extend the judgment against the defendant limited liability company to the co-defendant principal of that company. For …
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… Argued September 16, 2024 – Decided October 16, 2024 Before Judges Sumners and Susswein. On appeal from the … you're giving up your opportunity at that same trial to compel the State to meet their burden of proof beyond a … device in your vehicle during the two-year revocation and one to three years after that. And you could go to a jail …
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… Submitted October 30, 2024 – Decided November 26, 2024 Before Judges Marczyk and Paganelli. On appeal from the … from the June 23, 2023 order dismissing her February 2023 complaint with prejudice. We affirm. NOT FOR PUBLICATION … Florida. Included in the "exhibits" is a cellular phone bill proving . . . no cellular . . . calls [were made] …
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… Argued September 9, 2024 – Decided September 19, 2024 Before Judges Gooden Brown and Vanek. On appeal from the … Prosecutor, argued the cause for respondent (Yolanda Ciccone, Middlesex County Prosecutor, attorney; Hudson E. … (1964)). The signs of alcohol intoxication "are matters of common knowledge and experience." State v. Amelio, 197 N.J. …
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… Submitted April 23, 2024 – Decided May 13, 2024 Before Judges Sumners and Torregrossa-O'Connor. On appeal from … its proper arrival in Cranford Municipal Court late by only one day. The Law Division judge by oral and written decision … accurately determining that the time to file the appeal commenced on August 24, 2022, he inaccurately found that the …
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… Submitted June 6, 2018 – Decided July 12, 2018 Before Judges Alvarez and Nugent. On appeal from Superior … between vehicles at twenty-five miles per hour is two and one-half car lengths apart, whereas Rozentuler was only two … in this court not addressed by the trial court. We have nonetheless considered her points, not previously made, about …
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… Submitted August 30, 2018 – Decided Before Judges Rothstadt and DeAlmeida. On appeal from the New … that he had "enough back teeth to chew with." Approximately one year later, on March 27, 2016, Venable sought an … on the agency's fact finding." Campbell v. N.J. Racing Comm'n, 169 N.J. 579, 588 (2001). Applying our limited …
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… Submitted May 3, 2018 – Decided July 9, 2018 Before Judges Haas and Gooden Brown. On appeal from the Board … work. We affirm. Appellant was a foreman for a construction company for nearly six years. On July 11, 2016, he left the … or "translated documents" advising him to request one, and his limited English proficiency "created extreme …
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… Submitted May 24, 2018 – Decided July 9, 2018 Before Judges Mayer and Mitterhoff. On appeal from Superior … of first- degree aggravated sexual assault during the commission of a crime, N.J.S.A. 2C:14-2(a)(3); three counts … have 45 days to appeal. If you can't afford an attorney, one will be appointed for you. You have five years from …
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… in its individual capacity but solely as indenture trustee for GREENPOINT HOME EQUITY LOAN TRUST SERIES 2004-1, … plaintiff Bank of New York Mellon's (Mellon) foreclosure complaint; a June 24, 2016 order granting Mellon's motion … v. Lushis, 417 N.J. Super. 648, 657 (App. Div. 2011). We, nonetheless, state our agreement with the trial judge's …
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… Submitted October 31, 2018 – Decided Before Judges Fuentes and Moynihan. On appeal from the Board … 130, 134 (App. Div. 2015) (quoting In re Election Law Enf't Comm'n Advisory Op. No. 01-2008, 201 N.J. 254, 262 (2010)). … him pursuant to N.J.S.A. 43:21-5(g)(1) from benefits for a one-year period from the date the Division discovered …
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… Argued October 11, 2018 – Decided October 29, 2018 Before Judges Nugent and Reisner. On appeal from Superior … to the recusal order. 4 A-0754-17T2 Plaintiff presents one point of argument for our consideration: THE TRIAL JUDGE … or the appearance of bias, in the judge's decisions or comments on those issues. 6 A-0754-17T2 We have also closely …
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… Submitted August 7, 2018 – Decided Before Judges Sabatino and Mayer. On appeal from Superior … to dismiss the remaining counts of the indictment and to recommend a five-year custodial sentence with a five-year … intent to distribute. N.J.S.A. 2C:35-5. Our CDS statute is one of the enumerated predicate offenses under the certain …
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… APPELLATE DIVISION DOCKET NO. A-1179-16T4 LIBERTARIANS FOR TRANSPARENT GOVERNMENT, Plaintiff-Appellant, v. THE … denying its order to show cause (OTSC) and dismissing its complaint with prejudice. Because the October 14, 2016 order … v. Inv'rs Ins. Co., 65 N.J. 474, 484 (1974) (quoting Fagliarone v. Twp. of N. Bergen, 78 N.J.Super. 154, 155 (App. Div. …
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… BOARD, Respondent. Argued February 7, 2018 - Decided Before Judges Fuentes, Koblitz and Suter. On appeal from the Local Finance Board, Department of Community Affairs. Jeffrey S. Feld, appellant, argued the … the previously approved budget resolution and passed a new one. Pursuant to N.J.S.A. 40A:4-10, on August 4, 2014, the …
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… Argued December 11, 2017 - Decided Before Judges Messano and Accurso. On appeal from Superior … represented defendant in a lawsuit in Chicago involving his company. Defendant disputed the bill, and plaintiff … recipients of his missive, resulting in plaintiff filing a one count complaint for defamation. After defendant's …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0055-16T2 LEONEL SERIO, Plaintiff-Respondent, v. FIDELITY & GUARANTY … INSURANCE UNDERWRITERS, INC. d/b/a TRAVELERS INSURANCE COMPANY, Defendant-Respondent. … Argued December 7, 2017 – Decided Before Judges Simonelli and Rothstadt. On appeal from Superior …
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… Submitted March 6, 2018 – Decided Before Judges Fasciale and Sumners. On appeal from Superior … observations of the character and demeanor of witnesses and common human experience that are not transmitted by the … by a preponderance of evidence that the search falls within one of the well-recognized exceptions to the warrant …