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- STATE OF NEW JERSEY VS. ROBERT A. BAKER (20-12-0495, CUMBERLAND COUNTY AND STATEWIDE) - Published Opinionsnjcourts.gov… 7, 2024 APPELLATE DIVISION A-2800-21 2 In this matter, we consider whether the trial court properly denied defendant's … The officer did not intend to search the vehicle at that point. However, after the dispatcher informed the officer … in original) (quoting State v. Elders, 192 N.J. 224, 243 (2007)). "[F]actual findings based on a video recording or …
- A-0175-14T1/A-1042-14T1 Opinionnjcourts.gov… defendants consistent with the terms of the award; and appointing Stuart Reiser, Esquire, as the administrator, … 14, 28 (App. Div. 2006), certif. denied, 189 N.J. 428 (2007). However, as Judge Contillo noted, the relevant … vacating an award where an arbitrator exceeded his or her powers, are essentially the same. See N.J.S.A. …
- A-3838-16T2 Opinionnjcourts.gov… which [defendants] acknowledge summarizes the essential points of the January 23 conversation, confirms this is so. … order a resale of property. However, the exercise of this power is discretionary and must be based on considerations … Div. of Youth & Family Servs. v. M.M., 189 N.J. 261, 278 (2007); Pressler & Verniero, Current N.J. Court Rules, cmt. 1 …
- njcourts.gov… of the court was delivered by OSTRER, J.A.D. In these consolidated appeals, we must decide whether Drug Court … at https://www.judiciary.state.nj.us/notices/2016/n160526a.pdf. (continued) N.J.S.A. 2C:52-2(c) did not bar expungement … 428, 432-33 (App. Div.), certif. denied, 193 N.J. 275 (2007), we concluded the court must consider whether the …
- A-2693-18 Opinionnjcourts.gov… Defendant raises the following issues on appeal: POINT I: THE COURT DENIED DEFENDANT A FAIR TRIAL BY … II officer was a part-time position which had the "full powers of being a police officer while they are on duty." … of justice resulted." State v. Lykes, 192 N.J. 519, 534 (2007) (quoting Verdicchio v. Ricca, 179 N.J. 1, 34 (2004)). …
- A-30-19 Opinionnjcourts.gov… That letter made no reference to arbitration. At some point, Dickey and Delaney agreed that Sills would withdraw … for Justice posits that in light of the imbalance of power between a lawyer and client and the lawyer’s fiduciary … See Dolan, 76 N.J. at 9. That duty is expre … a_30_19.pdf … A-30-19 …
- A-3971-15T4 Opinionnjcourts.gov… liquor (DUI), N.J.S.A. 39:4-50. He presents the following points on appeal: POINT I THE STATE DID NOT PROVE BEYOND A … record to support the Law Division's findings," State v. Powers, 448 N.J. Super. 69, 72 (App. Div. 2016), certif. … denial of justice. State v. Lykes, 192 N.J. 519, 534 (2007). Accordingly, we discern no basis for reversal here. …
- njcourts.gov… role, responsibility, and broad administrative powers. Doing so informs our holding that the State … for Fiscal Years 2013-2015[;] f. All Job Description Manuals for Fiscal Years 2013-2015[;] g. Copy of Collective … privilege protected the remaining items sought. At this point, plaintiff categorized this lawsuit as an "enforcement …
- A-3462-15T2 Opinionnjcourts.gov… 2000 Jeep Cherokee to defendants for repairs on April 25, 2007. Plaintiff alleges Rusco agreed the replacement parts … with the requirements of the CFA in 2007. Defendants pointed to the 2013 AAA Roadside Assistance Report noting … bring an action pursuant to N.J.S.A. 39:13-1, finding the power to investigate licensees under that section was …
- A-4258-18 Opinionnjcourts.gov… agency actions is limited. In re Hermann, 192 N.J. 19, 27 (2007). "Decisions of administrative agencies carry with them … (1) statements from PBB trainers; (2) the PBB training manual; (3) statements from "[c]ertain staff members"; (4) … decided by the Hearing Officer. Moreover, appellant has not pointed to any extrinsic evidence in the record that would …
- A-78-17 Opinionnjcourts.gov… deposition” as well as “random, non-attributable, non- point sources” -- was likely an additional source of … https://www.nj.gov/dep/srp/guidance/srra/dap_guidance.pdf. 10 While the motion to exclude Stainken’s report was … including on the bottom of waterways. In view of the power of Superstorm Sandy, it seems very realistic to assert …
- A-5566-18T2 Opinionnjcourts.gov… appeal. This appeal followed. Petitioner has raised three points but essentially argues that the Commission's decision … its delegated authority.'" In re Herrmann, 192 N.J. 19, 28 (2007) (quoting In re Polk, 90 N.J. 550, 578 (1982)). A reviewing court "has no power to act independently as an administrative tribunal or …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … were present in the lawsuit." 215 N.J. at 283. As Newport points out, "ASIC is a sophisticated insurer that should … a written opinion. R. 2:11-3(e)(1)(E). Affirmed. … a0295-24.pdf … A-0295-24 – NEWPORT ASSOCIATES DEVELOPMENT COMPANY, ET …
- njcourts.gov… and June 2018. The genesis of the parties' dispute arose in 2007 when plaintiff began working as a teacher leader at … also stated, however, the position was essentially "powerless" because it "could not make administrative … under a failure to hire or promote theory. On this point, they noted plaintiff did not possess an educational …
- A-0666-18T3 Opinionnjcourts.gov… but Jewel controlled the work. In December 2006 and March 2007, MPM sold stone to Old World for $4660 and stucco for … for fees. This appeal followed. II. 15 A-0666-18T3 In Point I of its brief, plaintiff argues that Judge O'Brien … and proximate causation, and (4) damages." Jersey Cent. Power & Light Co. v. Melcar Util. Co., 212 N.J. 576, 594 …
- A-2677-18T2 Opinionnjcourts.gov… incidents, after threatening to kill those victims at knifepoint. He was waived to the adult criminal court and, in two … caution" because according to the Static-99R Coding Rules Manual, the instrument's ability to predict recidivism rates … only a few minor infractions, the last of which was a 2007 infraction for possession of a water bottle. He held …
- BER-P-187-16 Opinionnjcourts.gov… to require Charlie to account for his actions as Decedent’s Power of Attorney because “Third-Party Defendant shared a … symptoms began with dizziness and progressed to nausea in 2007. Id. at ¶¶ 24-25. The parties agree that the MSA … parties agree that Charlie retired in 2005 and from that point onward spent his time taking care of Joan as her …
- njcourts.gov… that: it was a Maverick X3 X RC Turbo RR with a 195-horsepower turbocharged engine; it had Department of 4 A-2416-23 … ATV." This appeal followed. The State argues the following points: POINT I: THE DE NOVO COURT ERRED BY IMPROPERLY … Tire Identification Number; a New Jersey Motor Vehicle Manual excerpt prohibiting tires for public highway use to …
- A-1402-15T2 Opinionnjcourts.gov… premised on a utility check with PSE&G that revealed no power had been running to the warehouse, notwithstanding … Defendant raises the following argument on appeal: POINT I THE TRIAL JUDGE ERRED IN DENYING THE MOTION TO … 412, 424 (2014) (citing State v. Elders, 192 N.J. 224, 243 (2007)). We "should reverse only when the trial court's …
- A-2201-20/A-2202-20 Opinionnjcourts.gov… The Legislature granted redevelopment entities broad powers to effectuate a redevelopment plan, permitting the … v. Twp. of Pennsauken, 395 N.J. Super. 230, 255 (App. Div. 2007) (holding "the LRHL does not set forth any criteria … footing and guard[] against 'favoritism, 7 In a separate point heading in their joint brief, plaintiffs argued the …