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… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY ESSEX … August 7, 2019 Patrick Jordan, Ofeck & Heinze, LLP, for Plaintiff Liza Woodard, Defendant, Pro se PETRILLO, … and Tenant’s Rights, 43 IND. L. REv. 1185, 1205—1207. Ultimately, however, other than in New Jersey and a few …
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… Argued November 28, 2018 - Decided Before Judges Reisner and Mawla. On appeal from the Commissioner of Education, Docket No. 98-3/16. Kathleen … at 529 (quoting Viemeister, 322 N.J. Super. at 218). The ultimate administrative decision-maker in reviewing law …
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… Submitted November 5, 2018 – Decided Before Judges Messano and Fasciale. On appeal from Superior … Judge Alberto Rivas entered the order and rendered a comprehensive written decision. We affirm. On appeal, … a reasonable likelihood that his . . . claim will ultimately succeed on the merits." Ibid. For a defendant to …
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… DOCKET NO. A-5693-16T4 HAN HONG, Plaintiff-Appellant, v. COMMUNITY TRANSPORTATION, INC. and RANDY BREESE, … Argued October 29, 2018 – Decided Before Judges Messano and Gooden Brown. On appeal from … 333, 339 (1951)). "Since dismissal with prejudice is the ultimate sanction, it will normally be ordered only when no …
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… Submitted October 2, 2018 – Decided Before Judges Fisher and Suter. On appeal from Superior Court … the trial court did not make findings that defendant committed all of the elements required for a fourth-degree … defendant initially seemed to comply with his arrest, he ultimately did not. There was "flight from the original …
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… Submitted April 24, 2018 – Decided October 3, 2018 Before Judges Mawla and DeAlmeida. On appeal from Superior … A.G.'s identification of defendant was of the type commonly known as a show-up identification. "Showups are … reliable accounting for system and estimator variables. The ultimate burden remains on the defendant to prove a very …
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… HEALTHPORT TECHNOLOGIES, LLC, KIMBALL MEDICAL CENTER, INC., COMMUNITY MEDICAL CENTER, INC., BARNABAS HEALTH, INC., OCEAN … Submitted February 28, 2018 — Decided Before Judges Nugent and Geiger. On appeal from Superior Court … their clients, explain the settlement and the options, and ultimately file for a claim in the settlement. However, the …
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… Argued April 25, 2018 – Decided Before Judges Fuentes, Koblitz and Manahan. On appeal from the New Jersey Civil Service Commission, Docket Nos. 2016-4183 and 2016- 4255. Michael J. … of Millville did not demonstrate good cause to impose the ultimate disciplinary sanction of removal. After reviewing …
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… Submitted May 23, 2018 – Decided Before Judges Manahan and Suter. On appeal from Superior Court … Defendant was employed by the River Road Trucking Company (RRTC) in Camden. Due to his primary duty to assist … based upon the content of the statement. Defendant was ultimately released. After several additional interviews …
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… Argued May 21, 2018 - Decided June 19, 2018 Before Judges Messano, Accurso and O'Connor. On appeal from … opinion. The Division claimed that defendant father I.B. committed an act of sexual abuse against his five-year-old … found inconsistencies in the timeline she offered and ultimately determined the Division lacked any corroboration …
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… Defendant-Appellant. Submitted March 13, 2018 – Decided Before Judges Carroll and DeAlmeida. On appeal from Superior … Donaire ordered defendant to stop. When he failed to comply, the officers began a foot pursuit. Defendant ran … to justify the officers' pursuit of defendant, and his ultimate arrest. A lawful arrest automatically justifies a …
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… Submitted March 19, 2018 – Decided Before Judges Messano and Vernoia. On appeal from Superior … the factors outlined in section (b)(2) of the Rule, and ultimately decided the probative value of J.W.'s 1996 … at 234. Defendant's argument in Point II, however, involves comments by the assistant prosecutor in summation that, at …
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… Argued February 13, 2018 – Decided Before Judges Fisher and Moynihan. On appeal from Superior … conclusions on issues of law. Manalapan Realty, LP v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995). Applying these … fashion, recognizing that '[w]hether a duty exists is ultimately a question of fairness.'" Weinberg v. Dinger, 106 …
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… Submitted February 26, 2018 – Decided Before Judges Messano and O'Connor. On appeal from Superior … father, but a paternity test established he is not and the complaint against him was dismissed. The mother contends the … "highly credible" by the court. The underlying event that ultimately led to Sarah's removal from her mother's custody …
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… Submitted November 28, 2017 – Decided Before Judges Carroll and Leone. On appeal from Superior Court … Defendant certified when he was arrested by police he "was committing no crime and was on [his] way to the police … the facts in the light most favorable to defendant, will ultimately succeed on the merits." Ibid. As the PCR court …
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… Submitted January 30, 2018 – Decided Before Judges Hoffman and Mayer. On appeal from Superior Court … 2015 order granting the summary judgment dismissal of his complaint against Hudson City Savings Bank (Hudson City); … court struck, and foreclosure proceeded to final judgment. Ultimately, the parties negotiated a Consent Final Judgment …
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… Defendant-Respondent. Argued December 13, 2017 – Decided Before Judges Alvarez, Nugent, and Currier. On appeal from … February 27, 2018 2 A-1986-16T4 Camden, dismissing his complaint. Lyons had alleged his 2011 layoff violated New … Lyons because of his disability, was essential to the ALJ's ultimate conclusion Camden did not act in bad faith. The …
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… Argued December 20, 2017 – Decided Before Judges Fuentes, Koblitz and Manahan. On appeal from … a principal of Soriano, Henkel, Biehl & Matthews, PC, to commence the probate of decedent's estate. In furtherance of … of the OTSC, the relief sought was not decided and was ultimately dismissed. At a case conference held on April 20, …
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… Appellant, v. BOARD OF REVIEW, DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT, CARINGHOUSE PROJECTS, AW HOLDINGS, and … or termination, eligible, pursuant to the "unemployment compensation law," [N.J.S.A.] 43:21-1 et seq., for … a reviewing court, while we respect an agency's expertise, ultimately the interpretation of statutes and regulations is …
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… Submitted January 25, 2018 – Decided Before Judges Haas and Gooden Brown. On appeal from Superior … Instead, the judge directed defendant's attorney to now complete Question No. 17 on the original plea form, which … but did so in a manner that was rushed and 10 A-3709-16T2 ultimately unfair to defendant, who demonstrated that he did …