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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 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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… DIVISION DOCKET NO. A-5355-16T5 IN THE MATTER OF THE CIVIL COMMITMENT OF D.S., SVP-749-16. Submitted January 28, 2019 – Decided Before Judges Fasciale and Rose. On appeal from Superior Court … aggravated assault, and weapons offenses, for which he ultimately was sentenced to an aggregate forty-five-year …
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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 December 12, 2017 – Decided Before Judges Gilson and Mayer. On appeal from Superior Court … June 30, 2015, and October 23, 2015, that dismissed his complaint for lack of standing. He also appeals from orders … the standing argument, the court considered the argument. Ultimately, the court took a break to review the law on …
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… Defendant-Appellant. Submitted December 5, 2017 – Decided Before Judges Yannotti and Carroll. On appeal from Superior … that records obtained from Public Service Electric and Gas Company (PSE&G) reflected that one account holder paid the … likelihood that his or her 8 A-0335-16T3 claim will ultimately succeed on the merits." State v. Marshall, 148 …
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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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… Submitted November 8, 2017 – Decided Before Judges Yannotti and Carroll. On appeal from Superior … for about five to ten minutes, after which defendant's companion persuaded defendant to release the bag and leave. … alleged in the light most favorable to the defendant, will ultimately succeed on the merits.'" Id. at 355 (quoting R. …
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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 …
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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 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 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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… Submitted February 7, 2018 – Decided March 12, 2019 Before Judges Fuentes and Suter. On appeal from Superior Court … unlawful possession of a handgun while in the course of committing or attempting to commit a drug-related offense, … [c]ourt to make a better determination of whether it was ultimately a trial strategy not to pursue the motion to …