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… Submitted October 12, 2017 – Decided Before Judges Haas and Rothstadt. On appeal from the New Jersey Civil Service Commission, Docket No. 2015-2744. Jacobs & Barbone, PA, … the truck's bed was left upright overnight, and that he ultimately left the truck in the care of other employees. …
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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 … not substitute our judgment for that of the prosecutor in ultimately determining whether to admit defendant into the …
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… Argued November 29, 2017 – Decided Before Judges Fuentes and Manahan. On appeal from Superior … to -35. The FRO was issued based upon a finding that E.G. committed the predicate act of harassment. N.J.S.A. … The son was crying and trying to get away from E.G., who ultimately yanked the child down the stairs by his leg. H.G. …
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… Submitted May 1, 2019 – Decided May 22, 2019 Before Judges Nugent and Reisner. On appeal from Superior … police found a handgun, ammunition, and heroin in a hidden compartment in the front passenger seat. II We begin our … the dispatch would not make the stop a constitutional one. Ultimately, the State must prove that a warrantless, …
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… Submitted June 5, 2018 – Decided July 6, 2018 Before Judges Sumners and Moynihan. On appeal from Superior … of discharging their function as fact finders on the ultimate issue of guilt or innocence." Hampton, 61 N.J. at … State's introduction of: the eight-year-old victim's fresh complaint4 on the date of the assault; her video- recorded …
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… Argued April 11, 2018 – Decided August 31, 2018 Before Judges Fuentes, Manahan and Suter. On appeal from … driver's license had been suspended by the Motor Vehicle Commission (MVC) as a sanction, as opposed to a suspension … 2C:40-22 does not support the trial judge's analysis and ultimate conclusion. The State argues the Legislature …
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… Submitted May 21, 2018 - Decided Before Judges Messano and Accurso. On appeal from Superior … inadequate to counter the potential prejudice. The court ultimately concluded it "just [did not] believe that under … either the witness or the victim, both of whom were in the company of police officers" when the eyewitness made the …
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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 … 7 A-5350-16T2 nevertheless should be considered since the ultimate responsibility for such circumstances must rest …
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… DIVISION DOCKET NO. A-1936-17T1 STEWART TITLE GUARANTY COMPANY, Plaintiff-Appellant, v. ALL-PRO TITLE GROUP, LLC, … Third-Party Defendant. Argued November 13, 2018 – Decided Before Judges Fasciale and Gooden Brown. NOT FOR PUBLICATION … by saying that such prejudice was outweighed by the ultimate sanction of a dismissal of the complaint with …
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… Argued November 2, 2016 – Decided Before Judges Fuentes, Carroll and Gooden Brown. On appeal … in the sum of $21,000 per year for a period of six years, commencing August 1, 2012. At issue here is Subsection … the "unfortunate effect of yielding more heat than light, ultimately leaving unresolved the central issues raised by …
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… Submitted June 6, 2017 – Decided Before Judges Fasciale and Sapp-Peterson. On appeal from … facts from the evidence presented at trial. Defendant committed three crimes in a three-day span. The first crime … a reasonable likelihood that his or her claim will ultimately succeed on the merits." State v. Marshall, 148 …
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… Argued January 25, 2019 – Decided August 28, 2019 Before Judges Whipple and DeAlmeida. On appeal from the … N.J.S.A. 2C:11-3(a)(1) and (2); second-degree conspiracy to commit burglary, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:18-2; … she was arrested on separate burglary charges. Ibid. Ultimately, Hernandez pled guilty to the burglary charges …
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… Submitted March 16, 2022 – Decided July 28, 2022 Before Judges Accurso, Rose and Enright. On appeal from the … for identity theft" in order "to absolve those who have committed crimes against [her]." Fleurantin alleged she and … Board was prepared to accept the document, but Fleurantin ultimately refused to turn it over. The Board pointed out …
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… Submitted June 1, 2022 – Decided July 12, 2022 Before Judges DeAlmeida and Smith. On appeal from the Superior … 2C:14-2(c)(1) and 2C:14-3(b), in exchange for the State's recommendation, with the victim's consent, that he enter PTI … plea and was familiar with the underlying negotiations that ultimately resulted in the State agreeing to defendant's …
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… Submitted November 17, 2021 – Decided April 27, 2022 Before Judges Gilson and Gooden Brown. On appeal from the … for the reasons stated in Judge Stephen J. Taylor's comprehensive opinion. Following a 2011 trial, a jury … alleged in the light most favorable to the defendant, will ultimately succeed on the merits." R. 3:22- 10(b). Moreover, …
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… v. THE TOWNSHIP OF BETHLEHEM, THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF BETHLEHEM, THE ZONING AND … OF THE TOWNSHIP OF BETHLEHEM, and THE GENERAL CODE ENFORCEMENT OFFICIAL OF THE TOWNSHIP OF BETHLEHEM, … family and ADS in reaching its conclusion. 7 A-2545-20 Ultimately, the trial court found that the contested uses …
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… Submitted February 5, 2020 – Decided Before Judges Fuentes, Haas and Enright. On appeal from the … to this case, defendant was an attorney and an elected Commissioner of Haddon Township.1 He served in this elected … had recommended and sued the township. When the matter ultimately settled in 2015, the law firm that September sent …
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… Submitted December 1, 2020 – Decided Before Judges Gilson and Moynihan. On appeal from the Board of … 80, 99 (App. Div. 2015) (quoting In re Election Law Enf't Comm'n Advisory Op. No. 01-2008, 201 N.J. 254, 262 (2010)). … [three] levels, with the herniation at L5-S1." The ALJ ultimately credited Dr. Berman's rationale for determining …
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… Submitted March 16, 2020 – Decided Before Judges Ostrer and Vernoia. On appeal from the Superior … did not seek to discharge Cooper Electric's lien and ultimately abandoned the property under 11 U.S.C. § 554(a), … our review is de novo. Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995). We turn first …
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… Submitted May 28, 2020 – Decided June 23, 2020 Before Judges Suter and DeAlmeida. On appeal from the New … to establish the type of services provided to her, the compensation she provided for those services, or that the … "some legally competent evidence must exist to support each ultimate finding of fact to an extent sufficient to provide …