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… Submitted November 14, 2018 – Decided Before Judges Ostrer and Currier. On appeal from Superior … defendant began the test before the instructions were completed, took an incorrect number of steps , could not … into the machine. Defendant agreed to do so verbally, but ultimately never provided a breath sample. Schulhafer then …
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… Argued March 4, 2019 – Decided March 28, 2019 Before Judges Messano and Rose. On appeal from the Board of … and walked to work. Because jobs were assigned on a first-come, first-served basis, claimant typically arrived at 5:00 … then applied for unemployment benefits. Although claimant ultimately qualified for benefits for that claim, his …
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… Argued March 18, 2019 – Decided April 8, 2019 Before Judges Gooden Brown and Rose. On appeal from Superior … decision, and determined the stop was justified. The judge ultimately found the pat down of defendant was permissible … is unclear from the record whether Sloan was privy to that communication. However, Sloan testified that his "initial …
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… Argued March 13, 2019 – Decided April 2, 2019 Before Judges Fuentes, Accurso and Vernoia. On appeal from … 9-1-1, and police responded to the scene. Plaintiff filed a complaint, alleging defendant engaged in domestic violence … adequate notice of the allegation upon which the FRO was ultimately founded. J.D., 207 N.J. at 480. Instead, after …
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… Argued December 6, 2018 – Decided April 1, 2019 Before Judges Simonelli, Whipple and DeAlmeida. On appeal from … for injury and discovered a significant amount of blood coming from the left side of his scrotum, on which a blood … acted with substantial certainty of the risk of injury ultimately suffered by Johns. Wengerter produced evidence …
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… Submitted April 9, 2019 – Decided April 24, 2019 Before Judges Fisher and Suter. On appeal from Superior Court … on the brief). PER CURIAM Plaintiff Ada Caballero filed a complaint against her former employer, defendant Cablevision … removal as an eligible dependent. Cablevision may ultimately persuade a factfinder that plaintiff should have …
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… Argued May 22, 2019 – Decided July 31, 2019 Before Judges Accurso, Vernoia and Moynihan. On appeal from … not memorialize its findings or conclusions. Swan filed a complaint in lieu of prerogative writs and an order to show … informal written decisions, or reasons given for the ultimate conclusion."), and based on the settled law, we …
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… Submitted September 10, 2019 – Decided Before Judges Messano and Susswein. On appeal from the … Indictment No. 17-01-0086. Jacobs & Barbone, PA, attorneys for appellant (Louis Michael Barbone, on the brief). Damon … of Franks analysis merely because an application for an FRO ultimately is denied after a plenary hearing. For one thing, …
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… Submitted September 16, 2019 – Decided Before Judges Rothstadt and Moynihan. NOT FOR PUBLICATION … condition has been impaired or is in imminent danger of becoming impaired as the result of the failure of his parent . … Servs. v. C.H., 414 N.J. Super. 472, 481 (App. Div. 2010)). Ultimately, the question is whether the parent failed to …
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… Submitted October 22, 2019 – Decided Before Judges Currier and Firko. On appeal from the Superior … June 4, 2014, determined that defendant was a repetitive, compulsive sex offender. In accordance with the plea … a reasonable likelihood that his or her claim will ultimately succeed on the merits." State v. Marshall, 148 …
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… Argued November 6, 2019 – Decided Before Judges Yannotti and Firko. On appeal from the Superior … of reasons, the Law Division judge found "the delays were ultimately explainable, attributable to both parties, and … point: THE STAGGERING 548-DAY DELAY, FROM THE DATE THE COMPLAINTS WERE ISSUED, OCTOBER 9, 2016, TO THE MUNICIPAL …
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… Submitted November 19, 2019 – Decided Before Judges Currier and Firko. On appeal from the Superior … defense counsel that the PTI program director was not recommending acceptance. Consequently, on February 8, 2018, … R. 2:11-3(e)(2). Affirmed. 1 The fact that defendant ultimately pled guilty to a third-degree crime is irrelevant …
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… JERSEY APPELLATE DIVISION DOCKET NO. A-1827-18T3 TONI BELFORD DAMIANO, Appellant, v. BOARD OF REVIEW, DEPARTMENT OF … and thereafter applied for temporary disability benefits commencing the same date. During maternity leave, Casciola … to work, however, they could not continue to do so. Ibid. Ultimately the employee quit and applied for unemployment …
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… Submitted September 16, 2019 – Decided Before Judges Rothstadt and Mitterhoff. On appeal from the … limited. R. 1:36-3. January 8, 2020 2 A-3560-17T1 In this commercial tenancy dispute, plaintiffs Elizabeth Fernandes … sometime between August 4 and August 9, 2016. The judge ultimately found the evidence as to the authenticity of the …
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… Argued November 4, 2019 – Decided Before Judges Rothstadt and Moynihan. On appeal from the … Craig Szemple appeals from the denial of his motion to compel the State to provide him "with copies of any and all … of a homicide: My first hit was an act of treachery, the ultimate deceit. 4 Bullets in the back 1 in the neck and a …
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… Submitted January 28, 2020 – Decided March 6, 2020 Before Judges Currier and Firko. On appeal from the Superior … (count four); one count of third-degree conspiracy to commit theft by unlawful taking, N.J.S.A. 2C:5-2 and … a reasonable likelihood that his or her claim will ultimately succeed on the merits." State v. Marshall, 148 …
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… Submitted February 12, 2020 – Decided May 18, 2020 Before Judges Koblitz and Whipple. On appeal from the Superior … detective "observed the vehicle with a female in the car come through the toll booth, the right lane, pay 4 … activity had occurred or would occur in the future, which ultimately led to the questioning of defendant. Although the …
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… Submitted June 24, 2020 – Decided July 20, 2020 Before Judges Accurso and DeAlmeida. On appeal from the … equipment or peripherals; and 20.802, attempting to commit or aiding another in committing any of the above … leading from the toilet in defendant's cell. Defendant ultimately admitted that he had flushed the cell phone down …
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… Submitted May 12, 2020 - Decided July 13, 2020 Before Judges Accurso and Rose. On appeal from the Superior … claim arising out of a domestic violence incident that ultimately ended in the parties' agreeing to civil … continued to live, pay his share of its carrying costs and comply with court orders requiring its sale. Defendant …
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… Argued September 29, 2020 – Decided Before Judges Mayer and Susswein. On appeal from the Superior … 2C:25-17 to -35. The family part judge found defendant committed the predicate act of harassment, N.J.S.A. 2C:33-4, … a June 11, 2019 order, the merits panel was accorded the "ultimate assessment as to whether the materials are relevant …