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A-0920-24 Briefs
Briefs
njcourts.gov
… Appellate Division, April 17, 2025, A-000920-24 TABLE OF CONTENTS COVER PAGE. . . . . . . . . . . . . . . . . . . . . … . . . . . . . . . . . . . . . . . . . . . 3 LEGAL ARGUMENT POINT I MR. MYERS SUSTAINED HIS BURDEN OF PROOF … of his regular or assigned job duties. LEGAL ARGUMENT POINT I MR. MYERS SUSTAINED HIS BURDEN OF PROOF …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … the Federal Deposit Insurance Corporation (FDIC) was appointed as receiver for Guaranty Bank to liquidate the … Further, SMS Financial JDC executed an allonge, as appointee of the FDIC. The allonge provided that it was "to be …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … and 129 LINDEN HOLDINGS, LLC, LINDEN GARDENS JC LLC, CAVEN POINT PARTNERS LLC, KISPM, LLC, and PINE WHITON HOLDINGS, … John A. Simeone, on the brief). PER CURIAM This appeal concerns whether some or all of the claims in multiple …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … supported by sufficient credible evidence in the record and consistent with the applicable law, we affirm. 1 We use … "[Mary] stole food and . . . misbehaved." The court also pointed to Dr. Biller's testimony that the children's …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … Imam S. Sears appeals the denial of his motion for post- conviction relief (PCR). Sears alleges ineffective … 208 N.J. at 259. In support of this argument, defendant points to: (1) an absence of evidence that the police …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … of a line of trees in approximately 1978 or 1979, and continuing with the installation of permanent structures … wire mesh fence 12 A-1730-20 II. Plaintiffs raise several points on appeal. They argue the judge erred when she …
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… Defendant’s Chief Financial Officer (hereinafter “CFO”) confirmed the accuracy of the financial statements. … be opened near the Ridgewood Center. Mr. Ellington raised concerns regarding 3 competition on multiple occasions, but … locations do not. Plaintiffs’ failure to arrive at this point was not the result of fraud on the part of Defendant, …
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… However, actually having a counterclaim has procedural consequences and there is not any requirement for a … plaintiff’s ability to unilaterally dismiss the case at any point, and defendant’s ability to pursue his counterclaim. … that the counterclaim is proper from a procedural standpoint, the court now addresses the taxpayers’ argument that …
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… of Maple Shade Docket No. 005639-2021 Counsel: This letter constitutes the court’s opinion after trial in the … Township (“subject property”)1. The subject property consists of 2.77 acres of unimproved land. 1 Although the … the subject property. This witness testified that at some point after the subject property was purchased it was put up …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … also appeals from an order denying his motion for reconsideration. Having considered plaintiff's arguments in … that may support future "inquiry;" the opposing party must point to competent record evidence establishing a genuine …
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… Jersey, Law Division, Union County, Docket No. L-1163-22. O'Connor, Parsons, Lane & Noble, LLC, attorneys for appellant … confirming plaintiff's ineligibility from a procedural standpoint. The judge found our decision in Hampton v. Armand … authority relied upon does not have to be directly on point to the given circumstance to satisfy the Pierce …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … December 16, 2022 orders denying plaintiff's motion for reconsideration of the October 21, 2022 order and granting … determined the matter on appellant's motion specifying the points on which the appellant will rely on the appeal." 7 …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … and Policy. 17. Dean Gillette should have never appointed Martin Finkelstein (Elaine Walker's husband) to … letters of support for [plaintiff] in favor of his appointment to [a]ssociate [p]rofessor with [t]enure. These …
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… the 2002 amendment took effect. Moreover, if we were to construe the 2002 amendment to apply to defendant's criminal … ex post facto clauses of both the federal and New Jersey constitutions. U.S. Const. art. I, § 10, cl. 1; N.J. Const. … after May 27, 1995. A simple example illustrates this point. No one can dispute that if defendant had been charged …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … centers, community agencies, and other programs licensed, contracted, or regulated by DHS. 3 A-2344-22 Petitioner was … under N.J.A.C. 1:1-18.6(d). We have considered all other points raised and conclude they lack sufficient merit to …
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… Division, Essex County, Docket No. LT-004866-21. Rutgers Economic Justice and Public Benefits Clinic, attorneys for … letter was sent to defendant with a scheduled appointment. On February 10, 2021, a second re-certification … and stated: "Failure to appear for this re-scheduled appointment may result in termination of your lease and …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … which is a civil service department. The Township, the appointing authority, was notified on May 20, 2020, that … second on the certified eligibility list for hiring. The appointing authority removed DeSimone from the eligibility …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … As former members of RSC, plaintiffs assert—unlike the disappointed plaintiffs in the Dean litigation—they "were not … then, RSC was certainly necessarily dissolved at that point. However, the dissolution and liquidation rights …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … Division's May 2, 2022 order denying his petition for post-conviction relief (PCR) without an evidentiary hearing. We … defendant to plead guilty. Defendant further explains these points in his merits brief by arguing his plea counsel was …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … summarily. I. To place plaintiff's CL Right request in context, it is helpful to discuss a condemnation action the … disclosure." O'Boyle, 218 N.J. at 197. It is only at that point of the analysis that courts will balance six factors …