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… Plaintiffs-Appellants, v. TOWNSHIP OF MIDDLETOWN NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … for the reasons expressed by Judge Kapalko in his comprehensive and well-reasoned opinions of October 24, 2014 … subject for expert opinion, the judge found the Board was free to accept the testimony of the applicant's 2 We could …
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… Submitted February 14, 2019 – Decided Before Judges O'Connor and Whipple. On appeal from the … In addition, defendant's front headlight assembly was "completely out." During the course of the motor vehicle … of the blood test results, the Law Division judge was free to make his own assessment of the evidence in the …
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… v. NEW JERSEY MANUFACTURERS RE-INSURANCE COMPANY, Defendant-Appellant. ____________________________ … what Chetney experienced himself. Furthermore, Chetney was free to testify about how the accident affected his life. … any changes in plaintiff's condition. The court may also revisit the limitations it imposed on plaintiff's orthopedist …
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… Argued July 31, 2018 – Decided Before Judges Sabatino, Mayer, and Mawla. On appeal from … license. Defendant informed Officer Dorward he had been coming from a family party in Edison and that he owned a … has] a right to respond to . . . the [c]ourt is always free to craft additional jury charges. The following day, …
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… Plaintiff-Appellant, and NEW JERSEY DEMOCRATIC STATE COMMITTEE, Plaintiff/Intervenor- Appellant, v. ANN GROSSI, … Submitted January 9, 2019 – Decided April 8, 2019 Before Judges Nugent, Reisner and Mawla. On appeal from … misconstrued the Legislature's purpose, the Legislature is free, as always, to amend the statutes to clarify its …
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… Defendant-Appellant. Argued September 18, 2018 – Decided Before Judge Ostrer, Currier, and Mayer. On appeal from … In support of his argument, defendant relies on Bullcoming v. New Mexico, 564 U.S. 647 (2011). There, the United … The judge stated: defendant "appears to remain offense free only when he is confined" and noted any prior attempts …
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… Submitted September 18, 2018 – Decided Before Judges Currier and Mayer. On appeal from Superior Court … when he invoked his right to remain silent; his subsequent communications with the officers who came into the interview … Defendant's statement to the police was a product of his free will, and the detectives did not mislead him. …
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… administration of the estate, plaintiff filed a verified complaint and an order to show cause (OTSC) to remove … employed, despite a facile simplicity, actually is not free from doubt as to its meaning, the party is permitted to … remaining issues in this case, the [c]ourt has agreed to revisit the parties' proofs. The [c]ourt now determines that …
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… Argued November 26, 2018 – Decided April 2, 2019 Before Judges Sabatino and Mitterhoff. On appeal from Superior … her car, and he testified that water would puddle up and freeze inside the divots if the weather and temperature … once a year. Streets are inspected also in response to complaints. When Bucceroni drives through a particular …
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… Argued May 9, 2017 – Decided Before Judges Rothstadt and Mayer. On appeal from Superior … for the reasons stated by Judge Stuart A. Minkowitz in his comprehensive, twenty-three page statement of reasons … we recognize, as did Judge Minkowitz, that defendant "was free to either accept or reject the testimony of those …
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… Submitted April 4, 2017 – Decided Before Judges Ostrer and Vernoia. On appeal from the Superior … her, and dragged her into an alley. She struggled to break free, grabbed his knit hat and briefly saw his face. He then … match was found in December 2006; defendant was deemed incompetent to proceed for a period of years; and the buccal …
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… Argued November 13, 2017 – Decided Before Judges Messano and Vernoia. On appeal from Superior … Cadillac SUV, make a turn into the parking lot of a housing complex without signaling. As the car turned, Palach … believe defendant's vehicle contained contraband, they were free to search anywhere in the vehicle where "there [was] …
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… Argued November 14, 2017 – Decided Before Judges Fisher, Fasciale and Sumners. On appeal from … by the same theory; (2) the underlying facts are very complex; (3) the allegations of one count are either … established "that a defendant is entitled to a jury that is free of outside influences and will decide the case …
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… Defendant-Respondent. Argued November 8, 2017 – Decided Before Judges Carroll and Leone. On appeal from Superior Court … reverse. I. The following facts are set forth in the PTI recommendation report submitted by the Criminal Division … or procure and maintain employment, and remain offense free. At a January 9, 2017 status conference, the prosecutor …
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… Argued September 19, 2017 – Decided Before Judges Reisner, Hoffman, and Gilson. On appeal from the … the motion of defendant PBA 49 to dismiss plaintiffs' complaint for a declaratory judgment. I. Historically, … Police Department and the Sheriff's Office. In 2012, the Freeholders rejected a proposed ordinance to dissolve the …
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… NO. A-0523-15T2 WILLIAM S. BARNETT, Plaintiff-Appellant, v. COMMISSIONERS OF FIRE DISTRICT NO. 1 IN HARRISON TOWNSHIP, … Argued March 21, 2017 – Decided Before Judges Messano and Guadagno. On appeal from the … that litigation to proceed and noted that the "parties are free in that other case to raise any germane issues, …
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… Argued September 28, 2017 – Decided Before Judges Simonelli, Haas and Gooden Brown. On appeal from … of the zoning ordinances. Beginning in 2008, plaintiffs complained to the Township that Route 57 illegally used the … specific action when the duty is ministerial and wholly free from doubt, and (2) to compel the exercise of …
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… Submitted March 1, 2018 – Decided Before Judges Simonelli and Gooden Brown. On appeal from … was recorded on November 5, 2008. On the same date, after complying with the notice requirement of the Fair … property: the opportunity to purchase [his or her] property free and clear of all existing liens." Id. at 507. However, …
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… Submitted May 8, 2018 – Decided Before Judges Fasciale and Moynihan. On appeal from Superior … Next, we reject defendant's argument that the judge committed plain error by failing to charge false … Yarbough, 100 N.J. 627, 643-44 (1985): (1) there can be no free crimes in a system for which the punishment shall fit …
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… Argued May 7, 2018 – Decided June 6, 2018 Before Judges Ostrer and Firko. On appeal from Superior Court … of assets, plaintiff received the former marital home free of any encumbrances. Defendant retained any equitable … in BRS Produce. At that time, defendant reported a gross income of $115,000 per year.2 The parties agreed that …