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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … In an appeal from a disciplinary action or ruling by an appointing authority, the appointing authority bears the … increase incrementally. In re Herrmann, 192 N.J. 19, 33 (2007). However, progressive discipline can be waived if "the …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … reflux, and oral phase dysphagia. Because of these conditions, J.R. has received PDN services from Horizon 24 … of a particular field." In re Herrmann, 192 N.J. 19, 28 (2007). The party challenging the administrative action bears …
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… appeal, as an issue of first impression, we are asked to consider whether N.J.S.A. 43:21-19(i)(10)—from the time of … for court reporters to establish a FUTA exemption. We consolidate these two appeals for the purpose of issuing a … its enactments." Johnson v. Scaccetti, 192 N.J. 256, 276 (2007) (quoting DiProspero, 183 N.J. at 494), abrogated on …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … of Monroe (Thomas Schoendorf, on the brief). Cozen O'Connor, attorneys for respondents Dr. Margaret Nichols, … We affirm. Plaintiff and his former wife were divorced in 2007. Under a consent order entered in the matrimonial …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … dog bite statute, 3 A-3142-21 N.J.S.A. 4:19-16, defendants contend the victim's parents, plaintiff Frank Barkosky, Jr., … by the Barkoskys. See State v. D.A., 191 N.J. 158, 164 (2007) (explaining when engaging in statutory construction, …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … court erred in finding the Division had proven by clear and convincing evidence the four prongs of the best-interests … Div. of Youth & Fam. Servs. v. G.L., 191 N.J. 596, 605 (2007). Dr. Liberant's testimony was uncontroverted, and we …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … therapy. The consent order, in part, provided: (1) the appointment of a reunification therapist; (2) the submission … issues." Hand v. Hand, 391 N.J. Super. 102, 105 (App. Div. 2007). "In many cases, however, where the need for a plenary …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … litigation has been nothing short of protracted and contentious. Following several rounds of motions before the … resolve. Hand v. Hand, 391 N.J. Super. 102, 105 (App. Div. 2007); see also Llewelyn, 440 N.J. Super. at 217. In the …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … court correctly applied the law and supported its legal conclusions with adequate, substantial and credible … Div. of Youth & Fam. Servs. v. M.M., 189 N.J. 261, 279 (2007). That right, however, "is not absolute" and is limited …
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… MAYER, J.A.D. In these appeals, calendared back-to-back and consolidated for purposes of issuing a single opinion, … Under a plain reading of the statutory language, the judge concluded that N.J.S.A. 2C:7-2(f) applied to R.H. because he … of Trs., Police & Firemen's Ret. Sys., 192 N.J. 189, 195 (2007)). We are required to read words and phrases in a …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … with directions. Additionally, his pupils were "pinpoint," which Officer Chieppa testified his experience led … State v. Franchetta, 394 N.J. Super. 200, 203 (App. Div. 2007) (blood test revealed cocaine metabolites). Here, the …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … review of the record and applicable legal principles, we conclude there are no genuine issues of material fact that … Carmona v. Resorts Int'l Hotel, Inc., 189 N.J. 354, 380 (2007) ("All that is needed to lay the foundation for the …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … Genovese v. Genovese, 392 N.J. Super. 215, 225 (App. Div. 2007) (quoting Portner v. Portner, 93 N.J. 215, 225 (1983)). … associated with each asset." Ibid. Courts are also empowered to either "deduct marital debts from the total value …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … plaintiff was still on medical leave after receiving second- and third-degree burns over nearly seventy percent of … Raspa v. Off. of Sheriff of Gloucester, 191 N.J. 323, 335 (2007)), courts "have recognized and given effect to [its] …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … and Enel are parties to a distribution agreement that contains an arbitration provision. Encore does not dispute … BDO Seidman, LLP, 393 N.J. Super. 560, 566, 577 (App. Div. 2007) (holding that "[u]nder [9 U.S.C. § 3] the court must …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … was thirteen years old, plaintiff met Rock at a religious convention in Atlantic City.2 Rock was already "known to her … Hotels Mgmt. S.A., 391 N.J. Super. 261, 268 (App. Div. 2007)). III. Plaintiff argues the Diocese is subject to …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … issues of material fact from which a reasonable jury could conclude defendant negligently operated his vehicle at the … v. AHL Servs., Inc., 396 N.J. Super. 486, 494 (App. Div. 2007)). Green's allegations sound in negligence. "To sustain …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … located in Oceanport's R-5 residential zone. The Property consists of a two-family home and a pizza shop. Plaintiffs … 574, 595 (2020) (citing State v. Elders, 192 N.J. 224, 244 (2007)). Accordingly, "[f]actual findings premised upon …
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… Griffith v. Tressel, 394 N.J. Super. 128, 138 (App. Div. 2007). The uniform statute has been adopted by all fifty … court of this State." N.J.S.A. 2A:34-65(b). Subsection a. empowers our courts with jurisdiction if New Jersey is the … by counsel, counsel for the child appeared after appointment by New York State, and plaintiff 's counsel …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … 2 A-0509-23 PER CURIAM This matter returns to us a second time. In our earlier opinion, Stonefield Inv. Fund III, … & Co., LLC v. Lane, Middleton & Co., LLC, 191 N.J. 1, 13 (2007) (ellipsis omitted) (quoting Donovan v. Bachstadt, 91 …