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njcourts.gov
… Submitted September 9, 2019 – Decided Before Judges Fasciale and Moynihan. On appeal from the … BEEN SUPPRESSED BECAUSE THE APPARENT DRUG SALE BY WITTER'S COMPANION DID NOT GIVE THE POLICE PROBABLE CAUSE TO ARREST … cause to arrest defendant , and a search incident to his ultimate arrest yielded heroin and a motel room key. Thus …
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njcourts.gov
… Submitted September 9, 2019 – Decided Before Judges Sabatino and Geiger. On appeal from the Superior … roadway, which required other vehicles to travel into the oncoming lane to circumvent his vehicle. The judge also held … a reasonable likelihood that his or her claim will ultimately succeed on the merits." State v. Marshall, 148 …
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njcourts.gov
… 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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njcourts.gov
… Submitted January 10, 2019 – Decided July 30, 2019 Before Judges O'Connor and DeAlmeida. On appeal from the New … use variance and site plan approval. After the NJSEA staff commenced public hearings, MEPT withdrew its application … here, we discern no reason to conclude the Board's ultimate decision to deny appellant's motion was arbitrary, …
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njcourts.gov
… Argued October 14, 2020 – Decided Before Judges Fisher and Gilson. On appeal from the Superior … to defendant PBA Local 105 (PBA) and dismissing his complaint, which alleged that PBA breached its duty to … on to consider the concept of progressive discipline, she ultimately held: "[T]here can be no conclusion but that …
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njcourts.gov
… OF SOMERVILLE, LINCOLN HOSE FIRE CO #4, and LINCOLN HOSE COMPANY, Defendants, and BRUCE VAN ARSDALE, … Submitted May 26, 2020 – Decided May 28, 2020 Before Judges Sabatino, Sumners and Geiger. NOT FOR … certain requests for admission and to seal the record. Ultimately, the court granted Van Arsdale summary judgment, …
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njcourts.gov
… v. ZONING BOARD OF ADJUSTMENT, BOROUGH OF FORT LEE, NJ, and V&R DEVELOPERS, INC., … A. Padovano's detailed written opinion. We only add a few comments. First, we discern no procedural infirmity in how … any egregious behavior" of any participants that would ultimately affect the decision. The Board allowed plaintiffs …
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njcourts.gov
… Submitted April 27, 2020 – Decided May 13, 2020 Before Judges Rothstadt and Mitterhoff. On appeal from the … Highlands. The property was owned by the decedent's holding company, Scheller Properties, LLC (Scheller Properties). … less the value of the easement, at $275,500. Torzewski ultimately negotiated to sell the easement to the ADB for …
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njcourts.gov
… CABLE AMERICAN, INC., and NORTH AMERICAN CABLE EQUIPMENT COMPANY, INC., Defendants-Respondents, and RUSSIAN MEDIA … Argued April 30, 2018 – Decided Before Judges O'Connor and Vernoia. On appeal from Superior … However, given the nature of the motion, Judge Salas ultimately declined "to take a position on the validity of …
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njcourts.gov
… 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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njcourts.gov
… Argued April 10, 2019 — Decided May 1, 2019 Before Judges Alvarez and Mawla. On appeal from Superior Court … the defense would be seeking the charges, which the State ultimately conceded. The trial judge then addressed and … 1. That . . . defendant or defendants were in the course of committing a theft; 2. While in the course of committing …
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njcourts.gov
… Submitted April 8, 2019 – Decided April 29, 2019 Before Judges Messano and Fasciale. On appeal from Superior … following oral argument. Later, she issued an order accompanied by a written statement of reasons. The judge … account." 384 N.J. Super. 197, 202 (App. Div. 2006). In ultimately ordering [p]robation to include interest, id. at …
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njcourts.gov
… Submitted May 14, 2019 – Decided June 13, 2019 Before Judges Yannotti and Natali. On appeal from Superior … of CDS with intent to distribute). The State agreed to recommend a sentence of three years of incarceration, with one … alleged in the light most favorable to the defendant, will ultimately succeed on the merits." R. 3:22- 10(b); Porter, …
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njcourts.gov
… Submitted May 28, 2019 – Decided June 10, 2019 Before Judges Gooden Brown and Rose. On appeal from Superior … DEFENDANT'S FIFTH AMENDMENT RIGHTS, AND/OR THE NEW JERSEY COMMON LAW PRIVILEGE AGAINST SELF-INCRIMINATION. POINT IV … consequences of a refusal to submit to a breath test. When ultimately asked whether he would submit to breath samples, …
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njcourts.gov
… Argued December 16, 2019 – Decided Before Judges Rothstadt, Moynihan and Mitterhoff. On appeal from the New Jersey Commissioner of Education, Docket No. 3-5/18A. Sanford R. … not the [ALJ]'s, to make the findings of fact and . . . the ultimate decision" in the case. N.J. Dep't of Pub. Advocate …
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njcourts.gov
… and STATE OF NEW JERSEY, Defendants, and THOMPSON REALTY COMPANY OF PRINCETON, INC., Defendant-Respondent. … Submitted January 29, 2020 – Decided Before Judges Haas and Enright. NOT FOR PUBLICATION WITHOUT … the recording of instruments affecting title, for the ultimate purpose of permitting purchasers to rely upon the …
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njcourts.gov
… Submitted November 14, 2019 – Decided Before Judges Whipple and Mawla. On appeal from the Superior … an emergent motion seeking, among other things, an order compelling the State to produce discovery. The motion judge … rendered him unable to call the informant as a witness and ultimately, deprived him of his constitutional right to …
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njcourts.gov
… Submitted January 7, 2020 – Decided Before Judges Hoffman and Firko. On appeal from the Superior … an unmarked police SUV driven by Lieutenant Dave DeSane accompanied by Officer Eddy Raisin. They were on patrol in a … a reasonable likelihood that his or her claim will ultimately succeed on the merits." State v. Marshall, 148 …
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njcourts.gov
… Submitted March 25, 2019 – Decided April 12, 2019 Before Judges Gooden Brown and Rose. On appeal from Superior … . . . [D]efendant ignored several traffic signals and committed multiple motor vehicle violations. When . . . … disregard for her safety and the safety of others." Ultimately, the court determined the prosecutor's rejection …
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njcourts.gov
… Submitted January 10, 2019 – Decided April 8, 2019 Before Judges Whipple and DeAlmeida. On appeal from the New … of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition Nos. 2007-31369 and 2009-2736. … agency decision with deference, and will not reverse the ultimate determination of an agency unless the court …