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… Submitted April 9, 2019 – Decided May 7, 2019 Before Judges Yannotti and Gilson. On appeal from Superior … The doctor considered how Tara failed 5 A-4100-17T1 to complete many of those services, continued to abuse substances, and failed to stay consistently stable. Ultimately, Dr. Brandwein opined that Tara could not provide …
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… Submitted August 7, 2018 – Decided Before Judges Sabatino and Mawla. On appeal from Superior … client's risks of deportation. The record is bereft of any competent proof that such affirmative misadvice was provided … negotiated plea bargain to a third-degree offense ultimately yielded him a very favorable non-custodial …
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… Submitted February 5, 2019 – Decided Before Judges Rothstadt, Gilson and Natali. On appeal from the … and the second on March 1, 2017, as to J.C.'s available income for pre-eligibility medical expenses (PEME). J.C.'s … ruling may be reviewed or challenged before the agency, and ultimately by this court if further review is sought. …
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… Argued October 15, 2018 – Decided Before Judges Haas and Sumners. On appeal from the Board of … traumatic event and not the result of his negligence, but ultimately determined that his disability was not the direct … intervention of other contributive causes or the like, or a combination of such factors"); Petrucelli v. Bd. of Trs., …
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… Submitted September 24, 2018 – Decided Before Judges Sabatino and Mitterhoff. On appeal from Superior … make a right turn at a stop sign without appearing to come to a full stop. The officer activated his lights and … N.J. 94, 103 (2017). It is "inconsequential" defendant was ultimately acquitted of failing to stop at a stop sign. …
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… Argued October 17, 2018 – Decided March 21, 2019 Before Judges Ostrer and Currier. On appeal from the Board of … will be cancelled in 30 days, and the member must complete a new disability application for a future … retirement." The Division also informed Williams that she ultimately bore the responsibility for submitting the …
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… Argued August 1, 2017 – Decided Before Judges Sabatino and Whipple. On appeal from Commissioner of Education, Docket No 284-9/15. Keith Waldman … decision and dismissing the petitions. The Commissioner ultimately agreed with the ALJ, with the exception that …
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… – Remanded January Resubmitted July 7, 2017 – Decided Before Judges O'Connor and Whipple. On appeal from Superior … days before trial, and the trial court did not weigh the competing interests prior to applying Rule 1:1-2 to relax … provided in discovery by defendant Egierd were accurate. Ultimately, the judge concluded, 6 A-5502-14T1 It has to be …
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… Submitted June 6, 2017 – Decided Before Judges Fisher and Leone. On appeal from the New Jersey … Kimberly Green appeals the January 19, 2016 denial of community release by respondent New Jersey Department of … Community Release, administrative move back to EMCF, and ultimate denial of community release was arbitrary, …
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… Submitted October 10, 2017 – Decided Before Judges Sabatino and Whipple. On appeal from Superior … in possession of marijuana at the hospital. When the infant ultimately arrived at Hoboken Hospital, he was diagnosed … to PTI. Although the court's assistant division manager recommended G.M.'s admission to the program, the prosecutor …
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… Submitted September 18, 2017 – Decided Before Judges Sabatino and Ostrer. On appeal from the Superior … Ct. at 1385, 182 L. Ed. 2d at 407. Although defendant here ultimately entered a plea mid-trial, his petition focuses on … his trial counsel's representation of him. He registered no complaint about his attorney's failure to discover the …
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… Submitted April 23, 2018 – Decided May 4, 2018 Before Judges Ostrer and Rose. On appeal from Superior Court … to another vicinage because his trial counsel had become a judge in the same vicinage where defendant was tried … 594, 631 (1990) (noting the decision whether to testify ultimately lies with the defendant, and it "is an important …
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… APPELLATE DIVISION DOCKET NO. A-5393-13T3 IN RE PETITION FOR EQUITABLE MODIFICATION OF THE COST APPORTIONMENTS FOR … Simonelli and Gooden Brown. On appeal from the New Jersey Commissioner of Education, Docket No. 12-1/12. Vito A. … A-5393-13T3 [A]n appellate court will not upset an agency's ultimate determination unless the agency's decision is shown …
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… Argued January 8, 2019 - Decided January 31, 2019 Before Judges Accurso, Vernoia and Moynihan. On appeal from … Starbucks was then leasing across the street , filed a complaint in lieu of prerogative writs challenging the site … the parking variance was arbitrary and capricious and its ultimate interpretation of the ordinance erroneous. Judge …
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… APPELLATE DIVISION DOCKET NO. A-5554-14T3 RUGIATU SESAY, Complainant-Appellant, v. BAYSHORE COMMUNITY HOSPITAL, … Submitted April 4, 2017 – Decided Before Judges Ostrer and Vernoia. On appeal from the New … supra, 109 N.J. at 588). We "will not upset an agency's ultimate determination unless the agency's decision is shown …
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… Submitted May 8, 2017 – Decided Before Judges Sabatino and Haas. On appeal from Superior Court … Defendant and his co-defendant resisted arrest, but were ultimately subdued. The police found a gun, the wife's … the remaining counts against him. The State agreed to recommend a custodial sentence of ten years, subject to an 85% …
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… Submitted March 7, 2017 – Decided Before Judges Koblitz and Sumners. On appeal from Superior … points: POINT I: THE PROSECUTOR'S CROSS-EXAMINATION AND COMMENTS REGARDING DEFENDANT'S DELAY IN CLAIMING … alleged in the light most favorable to the petitioner, will ultimately succeed on the merits." R. 3:22-10(b). However, a …
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… Submitted November 17, 2016 – Decided Before Judges Lihotz and O'Connor. On appeal from Superior … v. Davis, 213 N.J. 396 (2013). A-3593-14T4 3 The State ultimately dismissed the robbery charge remanded for retrial … Defendant's convictions arise out of an armed robbery committed in Newark during the evening of September 15-16, …
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… Submitted June 28, 2016 – Decided Before Judges Espinosa and Kennedy. On appeal from the … program that allows defendants to avoid "the stigma accompanying a verdict of guilt to any criminal offense." … the events of November 30, 7 A-3254-14T1 2012, was ultimately denied after she had been placed on probation. …
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… Argued January 23, 2018 – Decided Before Judges Fasciale and Moynihan. On appeal from Superior … condition has been impaired or is in imminent danger of becoming impaired as the result of the failure of his parent … sleeping accommodations to ensure his safety, which ultimately resulted in a head injury. Affirmed. … DCPP VS. …