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… Respondent-Respondent. Argued November 30, 2016 – Decided Before Judges Alvarez and Accurso. On appeal from the Board of … and right thumb in 2005 and 2006. Barlett received workers' compensation benefits for the 2006 3 A-3129-14T2 incident, … significant or substantial contributing cause of the ultimate disability[.]" Gerba v. Bd. of Trs., 83 N.J. 174, …
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… Submitted February 27, 2017 – Decided Before Judges Nugent and Currier. On appeal from Superior … and separated in 2010. In 2014, plaintiff filed a divorce complaint. Defendant failed to answer the complaint. … and that a meritorious defense is available. The court ultimately determined "there was no showing of excusable …
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… POLICE DEPARTMENT. Submitted December 14, 2016 – Decided Before Judges Alvarez and Accurso. On appeal from the Civil Service Commission, Docket No. 2012-2210. Fusco & Macaluso Partners, … some legally competent evidence must exist to support each ultimate finding of fact . . ."). Without that information, …
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… Submitted April 4, 2017 – Decided Before Judges Messano and Suter. On appeal from the New Jersey … "poor judgment and impulsive behavior" and that he "would become involved in future crime, regardless of his … Under that iteration of the statute, "[t]he Parole Board's ultimate determination of parole fitness must be based on …
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… Submitted June 7, 2017 – Decided July 14, 2017 Before Judges Accurso and Lisa. On appeal from Superior Court … facts would have had the probability of changing the outcome of the trial. Further, the judge pointed out that … demonstrate a reasonable likelihood that he or she will ultimately succeed on the merits. State v. Marshall, 148 …
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… Argued June 1, 2017 - Decided June 23, 2017 Before Judges Lihotz, Whipple and Mawla. On appeal from … a Law Division order affirming an arbitration award that compelled CURE to arbitrate a Personal Injury Protection NOT … report in rebuttal, which reached a contrary conclusion. Ultimately, the arbitrator concluded defendant rebutted …
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… Argued September 12, 2017 — Decided Before Judges Hoffman and Mayer. On appeal from Superior Court … Tenaglia). Demetro contends dismissal of her third-party complaint against Slater Tenaglia was erroneous for the … to be granted liberally and without consideration of the ultimate merits of the amendment. See Notte v. Merchants …
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… Submitted October 19, 2017 – Decided Before Judges Haas and Rothstadt. On appeal from Superior … Law Division judge denied defendant's motion to dismiss the complaint after rejecting defendant's argument that N.J.S.A. … informal written decisions, or reasons given for the ultimate conclusion." (citations omitted)). 6 A-3854-15T2 …
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… 2, 2017 – Remanded Resubmitted August 24, 2017 - Decided Before Judges Lihotz and O'Connor. On appeal from Superior … N.J.S.A. 2C:39-5(d); false imprisonment, N.J.S.A. 2C:13-3. Ultimately, defendant was sentenced to an aggregate … defendant did not dispute he entered the victim's home to commit a burglary. In a statement provided to the police, …
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… Submitted January 5, 2021 – Decided March 5, 2021 Before Judges Gilson and Gummer. On appeal from the Superior … appeals from a December 20, 2019 order that dismissed his complaint to vacate an arbitration award, under which … teacher, later became the principal of a middle school, and ultimately was the director of athletics for the school …
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… Submitted January 19, 2020 – Decided Before Judges Sabatino and DeAlmeida. On appeal from the … According to the mother, the father has unjustifiably complained about the quality of her home schooling simply to … children shall be enrolled in the public school, as that ultimate decision will rest with the Family Part after the …
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… capacity as the DIRECTOR OF PUBLIC WORKS DEPARTMENT FOR THE CITY OF TRENTON, Defendant-Respondent. … appeals from a November 22, 2019 order dismissing his complaint without prejudice and a January 10, 2020 order … See 42 U.S.C. § 1983; N.J.S.A. 10:6-2(c). The trial court ultimately held that plaintiff's First Amendment claims were …
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… Defendant-Appellant. Submitted January 19, 2021 – Decided Before Judges Sabatino and Currier. On appeal from the … percent term of parole ineligibility and ordered him to comply with parole supervision for life and the requirements … NOT OUTWEIGHED BY ITS APPARENT PREJUDICE POINT IV THE STATE ULTIMATELY USED THE PRIOR- BAD-ACT EVIDENCE TO BIAS THE NEW …
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… Submitted February 22, 2021 – Decided March 9, 2021 Before Judges Fasciale and Susswein. On appeal from the … created a "reasonable probability" that the 7 A-0144-19 outcome of the proceedings would have been different if counsel … "a reasonable likelihood that his . . . claim will ultimately succeed on the merits." State v. Marshall, 148 …
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… Submitted March 31, 2020 – Decided May 1, 2020 Before Judges Yannotti and Firko. On appeal from the Superior … ineffective for failing to bring the probation officer's comment to its attention because the trial court made it … reject a deal based upon erroneous impressions of the case. Ultimately, [defendant] was the only person who knew if he …
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… telephonically July 15, 2020 – Decided July 31, 2020 Before Judges Hoffman and Currier. On appeal from the Superior … the August 6, 2019 order for final judgment dismissing its complaint in lieu of prerogative writs that challenged a … the sewerage authority[,] regardless of what the developer ultimately builds in its place. This would place other users …
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… Submitted April 27, 2020 – Decided July 20, 2020 Before Judges Messano and Vernoia. On appeal from the Superior … trial. 4 A-4591-17T1 The judge explained his reasons in a comprehensive, thirty-one-page written opinion that … and not from opinions . . . or reasons given for the ultimate conclusion.'" (quoting Do-Wop Corp. v. City of …
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… and K.R., Minors. Submitted January 30, 2020 – Decided Before Judges Alvarez and DeAlmeida. NOT FOR PUBLICATION … did not adequately investigate Tom's mother (Barbara) nor complete its investigation of several other family members … even on the stand after the killing, although she ultimately admitted having been aware of his problems. …
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… Submitted May 13, 2020 – Decided June 5, 2020 Before Judges Whipple, Gooden Brown and Mawla. On appeal from … Gwendolyn Blue's cogent and well-reasoned oral opinion accompanying the order. We incorporate herein the facts set … alleged in the light most favorable to the defendant, will ultimately succeed on the merits.'" (quoting R. …
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… Submitted May 7, 2020 – Decided May 27, 2020 Before Judges Alvarez and DeAlmeida. On appeal from the … obtained an FRO prohibiting him from having any contact or communication with her. In June 2017, the court amended the … obtains even though "the defendant may conduct his defense ultimately to his own detriment . . . ." Ibid. (citing …