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… Argued October 3, 2018 – Decided July 8, 2019 Before Judges Fuentes, Vernoia and Moynihan. On appeal from … school is at full capacity and consequently unable to accommodate all of the students who fall within this … Law Judge (ALJ). The parties participated in discovery, and ultimately filed cross-motions for summary disposition, …
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… Argued May 13, 2019 – Decided July 3, 2019 Before Judges Messano and Rose. On appeal from the Superior … 19, 2017 final binding award of the arbitrator and his accompanying written decision. On November 14, 2017, a Family … governing the right of appeal." Importantly, the arbitrator ultimately determined, "[r]egardless of which statute …
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… Plaintiff-Respondent, v. PLYMOUTH ROCK ASSURANCE INSURANCE COMPANY and JOSEPH CALDERONE, Defendants-Appellants, and … in this appeal. By letter dated September 28, 2016, counsel for Horizon asked the trial court to pend any formal answer … defendant acknowledged its status as primary insurer and, ultimately, it provided medical coverage on a primary basis …
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… Submitted September 18, 2018 – Decided Before Judges Yannotti and Gilson. On appeal from Superior … smacked his sister. She wanted 3 A-1863-16T4 defendant to come to the apartment and talk to the man who struck his … must establish a reasonable likelihood that he or she will ultimately succeed on the merits, "viewing the facts alleged …
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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 … to be successful in that rehabilitation. 10 A-3036-16T1 Ultimately, the judge viewed the State's position as …
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… v. CANVAS HOUSE ANTIQUES AND DESIGN CENTER, INC., and PERRY FORD, Defendants-Respondents, and CHERYL FORD, … to file an answer or otherwise respond to plaintiff's complaint. I. Defendant and her husband, Perry Ford,1 owned … (App. Div. 1989). While the indemnification provision might ultimately relieve defendant from damages if plaintiff …
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… A. Correct. The assistant prosecutor then asked the ultimate question: "So, it would be your expert opinion, if … Brooks said the scales were kept in the passenger compartment. He did not explain why he possessed so many … is fooled" by such questions. Id. at 429. We decline to revisit the Green panel's holding of pipeline retroactivity, …
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… Argued January 9, 2019 – Decided Before Judges Ostrer and Currier. On appeal from Superior … agreement did not specify a sentence the prosecutor would recommend. Instead, it provided, "Free to speak. Defendant to … defendant that it would reserve decision on the issue, and, ultimately, declared the new sentence would be consecutive. …
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… LLC, REVENUE MANAGEMENT, CAPITAL MARKETS, KT TRUST, COMMERCIAL FINANCIAL GROUP, and TRI-FACTORS, Defendants. … Argued October 18, 2016 – Decided Before Judges Koblitz, Rothstadt and Sumners. On appeal from … plaintiff argues that the court erred by ordering the ultimate sanction of dismissal and awarding counsel fees …
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… Submitted March 22, 2017 – Decided Before Judges Alvarez and Lisa. On appeal from Superior Court … second-degree possession of a firearm in the course of committing a drug offense (N.J.S.A. 2C:39-4.1(a)). Defendant … during the course of the roadside colloquy. Defendant ultimately gave his consent and signed a consent form …
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… Argued January 10, 2018 – Decided Before Judges Alvarez and Geiger. On appeal from Superior … "remand[ed] the matter of damages to the Law Division for a complete and searching analysis, including 'a factual … to the plaintiff. [Id. at 501 (citations omitted).] "Ultimately, a damages award cannot stand if it is so grossly …
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… Submitted December 21, 2017 – Decided Before Judges Rothstadt and Gooden Brown. On appeal from … petition by order dated December 15, 2015. She issued a comprehensive, twenty-four 5 A-3299-15T3 page written … because defendant chose to represent himself, "it [was] ultimately his obligation to control and organize [the] …
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… Submitted December 21, 2017 – Decided Before Judges Simonelli and Rothstadt. On appeal from Superior … Wiseberg, on the brief). PER CURIAM At the time of the commencement of this action, plaintiff N.M. was married to … attorney devoted to any part of a case are excessive ultimately requires a consideration of what is reasonable …
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… Submitted February 12, 2018 – Decided Before Judges Messano, Vernoia and DeAlmeida. On appeal from … assigned to teach a course on municipal government, with a component on government ethics. At petitioner's suggestion, … her forfeiture analysis. While it is true that those counts ultimately were dismissed, this fact alone does not preclude …
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… Argued January 30, 2018 – Decided July 10, 2018 Before Judges Fisher, Fasciale and Sumners. On appeal from … Waste denied its application to accept leaves and other compost material for recycling, finding the use was not … staff, representatives of JR and the public, the Board ultimately adopted two separate resolutions, summarized as …
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… Argued June 8, 2022 – Decided June 28, 2022 Before Judge Hoffman, Whipple and Geiger. On appeal from the … charging her with insubordination and conduct unbecoming of a public employee. Cole v. N.J. Off. of the Pub. … with an escalating voice while nearing the colleague, ultimately screaming within inches of her co-worker's face. …
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… Argued March 22, 2022 – Decided April 19, 2022 Before Judges DeAlmeida and Smith. On appeal from the Superior … Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35; defendant committed the predicate offenses of harassment, N.J.S.A. … in light of the continuous messaging and phone calls. Ultimately, he decided that an FRO was necessary to protect …
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… Submitted April 25, 2022 – Decided May 4, 2022 Before Judges Fasciale and Sumners. On appeal from the Board … conditions in support of her disability claim; however, she ultimately decided not to re-file a new application but … Summation. B. The Determination That . . . Holloway Did Not Comply With N.J.A.C. 17:3-6.1(f)[-](g) And Thus, The Board …
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… Submitted October 26, 2020 – Decided Before Judges Fasciale and Susswein. On appeal from the … Anthony F. Picheca, Jr., entered the order and rendered a comprehensive and well-reasoned fourteen-page opinion. We … prejudiced by their failure to raise an argument that ultimately would have proved unsuccessful. Strickland, 466 …
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… Submitted September 30, 2020 – Decided Before Judges Gilson and Moynihan. On appeal from the Superior … instructing the jury on a lesser-included offense as an accomplice. Defendant also argues that (4) the prosecutor … suggested language to be added to the model flight charge. Ultimately, the court agreed and gave the charge with the …