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… Submitted January 9, 2019 – Decided January 28, 2019 Before Judges Nugent and Mawla. On appeal from the New Jersey … months incarceration for aggravated assault. Harmon also committed twenty-nine infractions during his incarceration. … rejected Harmon's claims that he had been drug and alcohol free, and had matured. The Board explained: 8 A-1977-17T3 …
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… found that, when defendant failed to abide by Berardis's command to stop and instead fled, there was probable cause … v. Cassidy, 179 N.J. 150, 161 (2004), because defendant was free to reject medical assistance. In short, defendant … is based on specific and articulable facts which, taken together with rational inferences from those facts, give rise …
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… Submitted December 19, 2017 – Decided Before Judges Gilson and Mayer. On appeal from Superior Court … defendant gave Sally two dollars and a violin. Diane was uncomfortable with the gifts given by defendant to Sally. … every time she went for a lesson. So, thus there are no free crimes." We discern no abuse of discretion in the …
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… Submitted November 29, 2017 – Decided Before Judges Currier and Geiger. On appeal from Superior … the officer found more than one ounce of marijuana in a compartment of the car. A Passaic County Grand Jury returned … to plead guilty and was doing so voluntarily and of his own free will, without threat or coercion, because he was, in …
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… Argued November 27, 2017 – Decided Before Judges Sabatino, Ostrer and Whipple. On appeal from … permitting the sale provided the property could be sold "free and clear from any and all restrictions that run with … 4 A-3048-15T3 to plaintiff's counsel informing him that a completeness review by the Board's subcommittee would take …
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… Defendant-Appellant. Submitted January 22, 2018 - Decided Before Judges Sabatino and Rose. On appeal from Superior Court … 2015. The probation officer did not reference defendant's computerized criminal history ("CCH") that also includes a … "Consequently, on such matters an appellate court is free to substitute its independent judgment for that of the …
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… Appellant, v. BOARD OF REVIEW, DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT, and SHALOM TORAH CENTERS, Respondents. … December 14, 2017 2 A-1972-15T4 In this unemployment compensation appeal, the parties dispute whether the … 3309(b) with N.J.S.A. 43:21- 19(i)(1)(D), and New Jersey is free to adopt a narrower exemption than permitted by FUTA. …
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… Submitted October 11, 2018 – Decided Before Judges Accurso and Moynihan. On appeal from Superior … to reverse and remand this case for the trial court to complete a thorough analysis and balance of the factors that … a defendant who may be guilty of a serious crime will go free, without having been tried." Barker, 407 U.S. at 522. …
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… Argued April 24, 2017 – Decided June 1, 2017 Before Judges Currier and Geiger. On appeal from the Superior … of the vehicle pursuant to the New Jersey Uniform Commercial Code (UCC), N.J.S.A. 12A:2-608, and the … fees under the Lemon Law, N.J.S.A. 56:12-42. Her counsel freely conceded that the only objective of rejecting the BBB …
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… Argued October 23, 2018 - Decided Before Judges Hoffman and Firko. On appeal from the New Jersey … In this procurement case, appellant Diamond Chemical Company, Inc., (Diamond Chemical) seeks reversal of a … 56 N.J. 8 A-5379-16T3 579, 600 (1970). An "agency is free to alter any prior decision if it concludes that to do …
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… in his official capacity as Deputy Director and Public Information Officer of the New Brunswick Police Department, … from an August 9, 2021 final order denying his request to compel the City to disclose additional information and … this court. Plaintiff publishes "New Brunswick Today," a free newspaper reporting on issues in the City, including …
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… That order provides in its entirety: THIS MATTER having come before the court on application of Defendant, to vacate … by July 1, 2020. After completing discovery, [p]laintiff is free to refile a motion and present any additional facts to … to provide a written statement of all taxes due and owing together with a verified statement of counsel fees and costs." …
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… DIVISION DOCKET NO. A-4583-19 IN RE APPROVAL OF A FINANCING COMMITMENT FOR THE PROJECT KNOWN AS NORMAN TOWERS, HMFA … evidence of legislative intent, and such intent must be free from reasonable doubt." Santiago v. N.Y. & N.J. Port … in any meaningful sense. "When two statutes may stand together, each governing its own sphere of operation, there is …
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… Submitted January 11, 2021 - Decided Before Judges Mayer and Susswein. On appeal from the Superior … medical defendants) motion to dismiss plaintiff's complaint and a June 7, 2019 order granting defendant Alina … Ins. Co., 185 N.J. 490, 501 (2006)). Further, "courts are free to refuse leave to amend when the newly asserted claim …
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… Submitted February 23, 2021 – Decided March 16, 2021 Before Judges Yannotti and Natali. On appeal from the Superior … four); and second-degree possession of a firearm while committing a CDS crime, N.J.S.A. 2C:39-4.1(a) (count five). … ruled on his motion may warrant a different result, he is free to file a new motion in the trial court seeking relief …
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… and KEVIN WILLIAMS, Plaintiffs-Appellants, v. J.C. PENNEY COMPANY, INC., J.C. PENNEY CORPORATION, INC.,1 SCHINDLER … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no … This inference is permissive, and "the [finder of fact] is free to accept or reject" it. Buckelew, 87 N.J. at 526. "Res …
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… Submitted June 3, 2020 – Decided June 30, 2020 Before Judges Haas, Mayer and Enright. On appeal from the … plan, Stuart's attorney noted the absence of any mental incompetence or undue influence regarding Stuart's wishes in … physical exertion of a kind and quality that destroys the free will of the testator by preventing that person from …
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… Argued September 16, 2021 – Decided September 29, 2021 Before Judges Mawla and Mitterhoff. On appeal from the … to terminate his Megan's Law, N.J.S.A. 2C:7-1 to 23, and community supervision for life (CSL), N.J.S.A. 2C:43-6.4, … years since A.R.'s release and that he remained offense-free during that period, the 8 A-0561-19 sole issue on …
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… answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no … material fact and not simply one 'of an insubstantial 2 To comport with our style conventions, we have altered the … palpably unreasonable in failing to ensure a sidewalk was free of snow during the time of high- pedestrian traffic). …
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… Superior Court judge is persuaded that he has been offense-free and does not likely pose a societal risk after a … Defendant argued that when these decisions are considered together, the central thesis of these cases renders his … a thirty-year parole disqualifier."4 The Supreme Court revisited its holding in Miller four years later in …