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… Third-Party Defendant. _______________________________ NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … conforms to her rulings reflecting plaintiff is a tenant in common with defendants and that defendants are solely … only sparingly" and "dismissal with prejudice is the ultimate sanction, [which] will normally be ordered only …
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… Argued March 16, 2017 – Decided Before Judges Espinosa and Suter. On appeal from Superior … On Site d/b/a Centrix Staffing, Inc. (Centrix), a company that provided workers to defendant Waste Management … noted, "federal authorities . . . are uniform that the ultimate test is: Whose is the work being done? . . . In …
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… Submitted October 3, 2017 – Decided Before Judges Yannotti and Mawla. On appeal from the New … 3 A-2602-15T4 I. The Hackensack Meadowlands District is comprised of fourteen constituent municipalities, which … of all taxable property is part of the calculation that ultimately results in the determination of the …
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… CITY POLICE DEPARTMENT, a municipal entity, and THOMAS COMEY, individually and in his representative capacity, … Argued October 3, 2017 – Decided Before Judges Carroll and Mawla. On appeal from Superior Court … then changed the effective date to November 1, 2010, and ultimately March 1, 2011. 4 A-0758-15T3 Plaintiff filed a …
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… Argued August 15, 2017 – Decided Before Judges Manahan and Gilson. On appeal from Department of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition No. 2007-32225. Donald F. Burke … supported by the 12 A-1988-15T4 evidence and supporting the ultimate conclusions and final determination, for the …
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… Submitted December 20, 2017 – Decided Before Judges Alvarez and Currier. On appeal from Superior … DNA. It was sent to Mitotyping Technologies, where it was compared with a buccal swab from defendant and determined to … temporary restraining orders against him, which were ultimately dismissed. The judge found that aggravating …
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… Argued June 4, 2018 – Decided June 20, 2018 Before Judges Ostrer and Firko. On appeal from Superior Court … following a referral for physical abuse after S.A. complained of pain after being beaten with an extension cord … and threatened to beat him on the ride home, which she ultimately carried through with. She struck his bare …
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… T. JOHNSON, Defendant. Argued February 7, 2018 – Decided Before Judges Alvarez and Nugent. On appeal from Superior … walked into the station, he saw defendant's picture on a computer in a "NY/NJ HIDTA [High Intensity Drug Traffic … 245 (1988) (citing Wade, 388 U.S. at 240). However, "the ultimate burden remains on the defendant to prove a very …
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… Submitted March 13, 2018 – Decided June Before Judges Fasciale, Sumners and Moynihan. On appeal from … Protection and Permanency's (the Division) guardianship complaint; and that the court failed to set forth factual … Michigan incarceration. Any lack of communication with Vic ultimately boiled down to Jake's lack of effort to contact …
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… Argued May 30, 2018 – Decided June 26, 2018 Before Judges Fisher and Moynihan. On appeal from Superior … altercation. According to the State, defendant failed to complete an Attorney General use-of-force report and falsely … remote in time. Notwithstanding, it appears that the judge ultimately assumed that the first three Cofield prongs …
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… OF CLARA PINKMAN, Plaintiff-Appellant, v. SPARTAN OIL COMPANY, Defendant-Respondent, and P&S FUEL, LLC, … Argued April 6, 2017 – Decided Before Judges Hoffman and O'Connor. On appeal from Superior … the record when these negotiations took place and when they ultimately failed. A-1326-15T3 6 On December 17, 2014, …
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… Submitted January 6, 2016 – Decided Before Judges Fuentes, Koblitz and Gilson. On appeal from … USE OF A DEFENDANT'S PRE-ARREST SILENCE, AND PROVIDED AN INCOMPLETE AND DEFECTIVE CHARGE ON THE USE OF A DEFENDANT'S … about the racial makeup of the venire or even the ultimate composition of the jury who decided the case. As …
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… Submitted February 14, 2017 – Decided Before Judges Koblitz, Rothstadt and Sumners. On appeal from … entered by the Law Division after a jury convicted him of committing two counts of second-degree of sexual assault … because she thought she would "take his side." D.S. ultimately wrote a note explaining what happened, which …
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… Submitted May 23, 2017 – Decided Before Judges Yannotti and Gilson. On appeal from Superior … but Junior was hyperactive and he did not respond to oral communications. 4 A-1018-15T2 The officers also contacted … reviews. Jerry and Martha underwent drug treatment. Ultimately, in February 2015, the children were returned to …
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… the denial of his admission to PTI. The State agreed to recommend a non-custodial sentence and the imposition of a … 2008 Directive regarding offenses committed by out-of-state visitors from states where their gun- possession conduct … admission to PTI. Counsel noted that defendant could ultimately face prosecution for a second-degree offense if …
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… Argued October 6, 2016 – Decided Before Judges Leone and Vernoia. On appeal from Superior Court … Defendant owned a unit in plaintiff's 376- unit condominium complex in Lakewood. He was pleased with the services until … to award the $950 in late fees requested by plaintiff but ultimately granted plaintiff $2435.12 in counsel fees. The …
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… Submitted October 5, 2017 – Decided Before Judges Rothstadt and Gooden Brown. On appeal from … Frank Montanino. On July 19, 2013, plaintiffs filed a complaint against defendant alleging economic and … during the course of discovery, as to his opinion on the ultimate issue of permanency." They contend the judge erred …
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… Argued December 20, 2017 – Decided Before Judges Fuentes, Koblitz and Manahan. On appeal from … Price appeals from an August 17, 2016 order dismissing his complaint in lieu of prerogative writs seeking to invalidate … The Planning Board held public hearings on the matter, ultimately adopting a November 2015 resolution recommending …
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… DIVISION DOCKET NO. A-2998-15T5 IN THE MATTER OF THE CIVIL COMMITMENT OF A.H., SVP-731-15. ___________________________ … Submitted December 13, 2017 – Decided Before Judges Currier and Geiger. On appeal from Superior … to accept all or any part of [an] expert opinion[ ].' The ultimate determination is 'a legal one, not a medical one, …
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… THE MATTER OF THE APPEAL FROM THE DENIAL OF AN APPLICATION FOR A CHANGE OF ADDRESS ON A NEW JERSEY FIREARMS PURCHASER … Family Automated Case Tracking System. Detective Arnesen recommended 3 A-1235-16T2 C.R.'s application be denied, due to … stay elsewhere or have someone stay with her at the home. Ultimately C.R.'s wife voluntarily dismissed the TRO. In May …