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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… DIVISION DOCKET NO. A-2287-16T5 IN THE MATTER OF THE CIVIL COMMITMENT OF G.B., SVP-760-16. ________________________ … Submitted August 21, 2018 – Decided Before Judges Sumners and Gilson. On appeal from Superior … to accept all or any part of [an] expert opinion[].' The ultimate determination is 'a legal one, not a medical one, …
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njcourts.gov
… 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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njcourts.gov
… Submitted December 17, 2019 – Decided Before Judges Accurso and Rose. On appeal from the Superior … confirmed his account. Ibid. At sentencing, trial counsel commenced his argument in support of mitigation by directing … a reasonable likelihood that his . . . claim will ultimately succeed on the merits." State v. Marshall, 148 …
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njcourts.gov
… Submitted November 19, 2019 – Decided Before Judges Currier and Firko. On appeal from the Superior … agreed verbally that he understood what his attorney had communicated to the court, he agreed with it, and he wished … obtained additional charges during that time, for which he ultimately pled guilty. The judge concluded defendant had …
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njcourts.gov
… Argued November 4, 2019 – Decided Before Judges Fasciale and Rothstadt. On appeal from the … trial court entered the order after finding that defendant committed the predicate acts, see N.J.S.A. 2C:25-19 (a), of … and criminal coercion as predicate acts. While the court ultimately found that plaintiff proved harassment, it did so …
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njcourts.gov
… Argued October 2, 2019 - Decided Before Judges Ostrer and Susswein. On appeal from the New Jersey Civil Service Commission, Docket No. 2017-1441. Robert K. Chewning argued … for urinating in public. The Commission considered, and ultimately rejected, petitioner's arguments that attempted …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… Submitted March 28, 2023 – Decided June 29, 2023 Before Judges Messano and Gilson. On appeal from the Superior … Winters guilty of first-degree kidnapping and conspiracy to commit that crime, and robbery and conspiracy to commit that … alleged in the light most favorable to the defendant, will ultimately succeed on the merits.'" State v. Porter, 216 …
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njcourts.gov
… Submitted September 11, 2024 – Decided September 17, 2024 Before Judges Rose and DeAlmeida. On appeal from the Superior … from an October 7, 2022 Law Division order dismissing her complaint with prejudice for failure to provide discovery … Super. 173, 181 (App. Div. 1999). We therefore conclude the ultimate sanction imposed was neither unjust nor …
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njcourts.gov
… Argued September 11, 2024 – Decided October 4, 2024 Before Judges Currier and Marczyk. On appeal from the Superior … litigation ensued in this court and the trial court. Ultimately, this court affirmed the trial court's order … action presenting an order to show cause and a verified complaint seeking the court appoint an arbitrator to …
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njcourts.gov
… 1 NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY MERCER … July 25, 20251 JEFFREY A. MALATESTA, ESQ., attorney for plaintiff (Mattleman, Weinroth & Miller, P.C.) ANTHONY … confirm the award. Id. at 514 and 514 n.3. The trial court ultimately confirmed the award, but ordered the city to pay …
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njcourts.gov
… Argued December 17, 2024 – Decided August 27, 2025 Before Judges Smith and Chase. NOT FOR PUBLICATION WITHOUT THE … Alex R. Brown-Eskengren appeals two Law Division orders compelling his deposition and compelling him to answer … plea allocution. As the trial court correctly found, the ultimate question of admissibility is to be determined after …
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njcourts.gov
… Submitted April 8, 2025 – Decided July 29, 2025 Before Judges Firko and Bishop-Thompson. On appeal from the … facts from the record. Plaintiff filed a small claims complaint on September 20, 2023, asserting claims for breach … 3 A-2763-23 inspection due to engine problems. Plaintiff ultimately stopped driving the car. Plaintiff contacted …
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njcourts.gov
… (609) 348-4515 Fax: (609) 348-6834 emuskett@foxrothschild.com Attorneys for Defendants Merck & Co., Inc. and Merck Sharp & Dohme LLC … It is well-settled that “dismissal with prejudice is the ultimate sanction, [and that] it will normally be ordered …
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#08-89
Administrative Directives
njcourts.gov
… Special Appellate Division Panel for Emergent Environmental Appeals C Directive; Order … nevertheless intended as an interim measure only, pending completion of a full review of the Judiciary's handling, at … does not intend to require the Special Panel to decide the ultimate plenary appeal in every matter in which it has …
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njcourts.gov
… City, New Jersey 08401 Phone: 609-348-4515 Attorney for Defendant Merck Sharp & Dohme Corp. In Re: Fosamax … and Merck Sharp & Dohme Corp., for an Order to Dismiss the Complaints of Plaintiffs listed in the attached Exhibit 1 … It is well-settled that “dismissal with prejudice is the ultimate sanction, [and that] it will normally be ordered …