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… and Moynihan. On appeal from the New Jersey Civil Service Commission, Docket No. 2017-74. William B. Hildebrand, … the light of all of the circumstances, as to be shocking to one's sense of fairness." In re Stallworth, 208 N.J. 182, … omitted). Moreover, as our Supreme Court has "cautioned, courts should take care not to substitute their own …
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… R. 1:36-3. August 23, 2019 2 A-2470-17T1 legal malpractice complaint. The trial court dismissed his complaint on … The court also noted plaintiff's cause of action was one for professional negligence and he needed an expert to … not to interfere unless an injustice appears to have been done.'" Quail, 455 N.J. Super. at 133 (quoting Abtrax, 139 …
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… supervise a subordinate officer, and engaged in conduct unbecoming a public employee," it did not correlate its findings … found Carr, as sergeant, ordered an officer who had never done so without accompaniment, to take a statement from a … the light of all of the circumstances, as to be shocking to one's sense of fairness,'" In re Stallworth, 208 N.J. 182, …
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… the gun belonged to Howard. When the couple thought someone was breaking into the home, Howard handed defendant the … two, the judge stated: To possess an item under the law, one must have a knowing intentional control of that item accompanied by a knowledge of its character. So, a person who …
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… he returned to his car, he lit a hand-rolled cigar. When one of the officers opened a police vehicle door he smelled … door and found a container with about fifty suspected oxycodone pills. Kilmurray searched the passenger side and found … (2) the lesser expectation of privacy in an automobile compared to a home, California v. Carney, 471 U.S. 386, …
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… challenged the PCR judge's findings. 3 A-3690-17T1 Nonetheless, this appeal requires us to employ two standards: one governing claims of ineffective assistance of plea … ineffective, the Supreme Court has stated: PCR counsel must communicate with the client, investigate the claims urged by …
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… Cross-Appellants, v. NEW JERSEY MANUFACTURERS INSURANCE COMPANY, Third-Party Defendant- Respondent, and AMERICA … not cover the son's accident. Assignment Judge Yolanda Ciccone granted the motion, construing the NJM policy to exclude … such de novo review, we readily conclude that Judge Ciccone soundly construed the NJM policy to afford no coverage …
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… granted plaintiff's cross-motion directing defendant to complete the rollover of her portion of defendant's pension … and the obligee’s response to the application shall be accompanied by current Case Information Statements or other … in the statutory language . . . leads to more than one plausible interpretation, we may turn to extrinsic …
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… APPELLATE DIVISION DOCKET NO. A-0222-16T1 MARY MELVIN, Complainant-Appellant, v. NEW JERSEY DIVISION OF CHILD … DCPP worker, A.S., was equally responsible for one of the incidents that led to Melvin's suspension and … The Division also "found no persuasive evidence – and none was produced by [Melvin] – that the explanation [by …
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… Defendant applied to PTI and the PTI program director recommended he be admitted.2 The Prosecutor's Office, in a … disorderly persons offenses; defendant concedes he has one such conviction. 5 A-1079-16T2 violating the law in this … (7) and (11) also applied in determining that the harm done to society by abandoning criminal prosecution outweighed …
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… PROTECTION, BUREAU OF HAZARDOUS WASTE ENFORCEMENT, Petitioner-Respondent, v. YATES FOIL USA, INC., CRAIG YATES, … and reports relied upon by DEP to establish that Yates Foil committed the violations. Yates Foil maintains that the … D's contractors began 4 A-0874-15T1 shipping out more than one million pounds of hazardous waste from the plant. In …
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… Submitted December 7, 2017 – Decided Before Judges Simonelli and Haas. On appeal from Superior Court of New … struck something with his SUV the night before, heard someone moaning when he exited his SUV, and could have put … of Foster's death. He also stated that survivability was "a complex issue which depend[ed] on a variety of factors[;]" …
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… C. Grady, of counsel and on the brief). PER CURIAM After a one-day bench trial in this contract dispute, the court … her customary labor charges. After the work on the home was completed, Steffne sent Buemi an invoice for $6,655.15. That … During her testimony, Steffne detailed the work she had done on the renovations. She estimated she had expended about …
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… DIVISION DOCKET NO. A-5234-15T2 WAYNE BRYANT, Petitioner-Appellant, v. BOARD OF TRUSTEES OF THE PUBLIC … is limited. R. 1:36-3. March 15, 2018 2 A-5234-15T2 Petitioner Wayne Bryant appeals from the June 22, 2016 final … served as the Chair of the Senate Budget and Appropriations Committee. He also served as a program support coordinator …
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… of counsel; Ashley L. Costello, on the brief). Louis N. Rainone argued the cause for respondents Hector I. Rodriguez, E. Ronald Wright, J.M.C., and Township of Franklin (Rainone Coughlin Minchello, attorneys; John A. Stone, on the … PER CURIAM Plaintiff appeals from orders dismissing the complaint as to some defendants for failure to state a claim …
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… DIVISION DOCKET NO. A-0448-16T4 JAMES DEFEO, Petitioner-Appellant, v. BOARD OF TRUSTEES, PUBLIC EMPLOYEES' … Deputy Attorney General, on the brief). PER CURIAM Petitioner James DeFeo appeals from the August 18, 2016 final … normal. In March 2012, petitioner underwent a surgical decompression of his right radial nerve. In June, he was …
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… programs, achieved minimum custody status, and had commutation time restored. 2 See N.J.A.C. 10A:71-3.21(d) … the following arguments for our consideration: POINT ONE THE NINETY[-]SIX[-]MONTH FET WAS NOT JUSTIFIED. POINT … II), and the burden is on "the State to prove that the prisoner is a recidivist and should not be released." Trantino …
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… went into receivership with the Federal Deposit Insurance Company (FDIC) acting as receiver. In September 2008, JP … all WAMU loans. On March 28, 2014, Chase Bank filed a complaint against defendant seeking to foreclose on the … judgment. To vacate a judgment, a defendant must establish one of the six grounds identified in Rule 4:50-1. See US …
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… and Suter. On appeal from the New Jersey Civil Service Commission, Docket No. 2016-1439. Fusco & Macaluso Partners, … on the statement in lieu of brief). PER CURIAM Petitioner Anthony Caldarise appeals from the November 28, 2016 … testing. The sample tested positive for "exogenous testosterone," meaning that its origin was "synthetic."1 The DOC's …
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… APPELLATE DIVISION DOCKET NO. A-5179-16T4 V.S., Petitioner-Appellant, v. DIVISION OF MEDICAL ASSISTANCE AND HEALTH … The application stated appellant's primary sources of income were social security and pension benefits. It also … in accordance with the authority granted to the Commissioner of the Department of Human Services. N.J.S.A. 30:4D-7. …