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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … complaint." Plaintiff appealed, raising the following points: I. THE LOWER COURT COMMITTED AN ERROR OF LAW AND/OR … are uncertain." Prime Acct. Dept. v. Twp. of Carney's Point, 212 N.J. 493 (2013) (quoting Kernan v. One Washington …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … outcome of the trial." Defendant raises the following points on appeal: POINT I THE COURT BELOW ERRED IN DENYING THE [PCR] AS …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … followed. 7 A-0361-21 III. Defendant raises the following point for our consideration: POINT I THE PROSECUTOR'S REFUSAL TO CONSENT TO THE …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … and presents the following arguments for our consideration: POINT I THE LOWER COURT ERRED IN FINDING THAT TRIAL COUNSEL … THE SENTENCING AND RE-SENTENCING PORTIONS OF THE CASE. POINT II BECAUSE THE PETITIONER MADE A PRIMA FACIE SHOWING …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … [plaintiff] and [R.E.] finished packing up the car. At this point, [R.E.] was taking the dog crate into [plaintiff's] … wanted to explore her sexuality with other women; at no point did he force plaintiff to engage in any sexual …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … as part of our lives." He further addressed the point made by Dr. Guzzardi: that the presence of the smell … long list of medical complaints and diagnoses—by pointing out that "many of the important symptoms predated …
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… APPELLATE DIVISION DOCKET NO. A-2049-21 EMPRESS HOUSE CONDOMINIUM ASSOCIATION, Plaintiff-Respondent, v. TURN … payment of Association dues. We agree. Turn Bright cannot point to any language in the agreement that provided that … expressly allow that remedy. 11 A-2049-21 Plaintiff has not pointed to any language in the agreement that would absolve …
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… letter opinion sets forth the court’s findings of fact and conclusions of law on Director, Division of Taxation’s … this. The state has $13,000 of mine (yes, $13K!) at this point and it seems incredibly unjust. I made a mistake and … was not represented by an attorney or an accountant at any point during this dispute, no legal basis exists for the …
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… for a position with the new employer, but (3) the employee contends that while all other employees were offered … re- hire along with his nondisabled coworkers." Beneduci points out that no Graham Curtin transfers were required to … Curtin employees. She maintains that Laughlin, who was empowered by McElroy to hire any support staff he desired and …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … an investigator interview Cook prior to trial and was "disappointed with what [Cook] had to say." Counsel also stated if … her outdated ones was belied by the trial record. The judge pointed to the victim's testimony about the status of her …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … We affirm. Defendant raises the following issues on appeal: POINT I: THE [TWENTY]-YEAR NERA SENTENCE CANNOT STAND … Factors [Four] and [Eight], and Aggravating Factor [Three]. POINT II: THIS COURT MUST ALSO REMAND FOR RESENTENCING …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … offers the following arguments for our consideration: POINT I IT WOULD BE A MANIFEST INJUSTICE TO DENY … REQUIRING THE PRODUCTION OF DOCUMENTS WHICH DO NOT EXIST. POINT II THE PETITION FOR POST[-]CONVICTION RELIEF IS NOT …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … plaintiff stopped paying rent in November 2019, at which point defendant filed a summary dispossess action for … 'write in an additional qualification which the Legislature pointedly omitted in drafting its own enactment,' or 'engage …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … This appeal follows. II. Defendant raises the following points for our consideration: 6 A-0347-22 POINT I AS DEFENDANT HAD PRESENTED A PRIMA FACIE CASE THAT …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … 2C:5-1/2C:12-1b(1); (4) fourth-degree aggravated assault by pointing a firearm N.J.S.A. 2C:12-1b(4); (5) second-degree … N.J.S.A. 2C:39-5b(1); (6) fourth-degree aggravated assault pointing a firearm at another, N.J.S.A. 2C:12- 1b(4); (7) …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … 1, Paragraph 2 of the New Jersey Constitution, provides: Appointments and promotions in the civil service of the State, … shall be competitive; except that preference in appointments by reason of active service in any branch of the …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … argument, the motion judge issued a written opinion. He pointed out there was no dispute between the parties over … earth movement and water seepage. Finally, plaintiff points us to proposed legislation, which would "[p]rohibit[] …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … agreement with SPF and Pipe Works was not in writing. She points out that they did not have a written lease agreement … for the occurrence of the accident." However, she fails to point out how JMB was liable for negligently clearing the …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … by increasing the function of the hotel driveway and access points. The Planning Board found these requested design … expected to use the facility. That assertion overlooks the point that a banquet facility is designed to draw …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … raised in the PSI report, defense counsel, Dennis McAlevy, pointed out to the judge that the plea form "was originally … offer," and "[t]here was . . . consideration at one point of either a seven or an eight [year sentence]," both …