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… Argued December 19, 2019 – Decided Before Judges Alvarez, Suter and DeAlmeida. On appeal from the … from such retention." The Trust entitled Anna to its net income during her lifetime. Upon her death, the trust … his claims as exceptions to Keiser's accounting. Keiser ultimately moved for summary judgment seeking approval of …
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… DIVISION DOCKET NO. A-4532-17T3 JAMES B. NUTTER AND COMPANY, Plaintiff-Respondent, v. CAROL A. STURMER, her … of that decision, and plaintiff offers no basis to revisit the issue at present. Our order granting defendant's … made a "preliminary showing of a reasonable probability of ultimate success on the merits"; and (4) "the relative …
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… Argued September 16, 2019 – Decided October 9, 2019 Before Judges Messano and Vernoia. On appeal from the Board of … tenure charges seeking Kellish's dismissal for conduct unbecoming and NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE … as well as the final agency action 8 A-1445-18T1 . . . must ultimately 'determine "whether the competent evidential …
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… Submitted November 6, 2019 – Decided Before Judges Yannotti and Firko. On appeal from the Superior … that on more than one occasion, defendant told her to come and sit on his lap. She said 5 A-0962-18T3 she sat … alleged in the light most favorable to the defendant, will ultimately succeed on the merits." R. 3:22-10(b). To prevail …
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… Defendant-Appellant. Submitted October 31, 2019 – Decided Before Judges Alvarez and DeAlmeida. On appeal from the … incident was captured on surveillance video from a nearby commercial establishment and shown at trial. Defendant is … did not impact the impartiality of the jury that was ultimately sworn and deliberated because she had determined …
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… Argued November 14, 2019 - Decided Before Judges Whipple, Gooden Brown and Mawla. On appeal from … State prison, and as a result, he obtained a court order to compel the prosecutor's office to provide him with copies of … After a three-day evidentiary hearing, the second PCR judge ultimately denied defendant's second petition. Defendant …
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… DEPARTMENT OF ENVIRONMENTAL PROTECTION, SITE REMEDIATION COMPLIANCE AND ENFORCEMENT, Respondent-Respondent, and DES CHAMPS … that she was now reconsidering. But the gist of the ALJ's ultimate assessment of the evidence is clear and …
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… Submitted November 4, 2019 – Decided Before Judges Messano and Susswein. On appeal from the … are so manifestly unsupported by or inconsistent with the competent, relevant and reasonably credible evidence as to … factors militating for and against an FRO and concluded ultimately that the predicate acts of contempt, viewed in …
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… Submitted September 10, 2019 – Decided Before Judges Hoffman and Firko. On appeal from the Superior … one of Indictment No. 12-03-0628. The State agreed to recommend that the court sentence defendant to nineteen years … alleged in the light most favorable to the defendant, will ultimately succeed on the merits." R. 3:22- 10(b). "'[B]ald …
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… Submitted September 25, 2019 - Decided Before Judges Koblitz and Mawla. On appeal from the Superior … stated: The fact that the trial counsel's strategy was ultimately unsuccessful is not dispositive and the Court's … to get you." She expressed her anger. She would just make comment like "I am not going to stop until you pay. I am on …
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… Argued December 18, 2019 – Decided January 24, 2020 Before Judges Whipple, Gooden Brown and Mawla. On appeal from … Americans with Disabilities Act (ADA), 42 U.S.C. § 12111. Ultimately, the SOA initiated arbitration proceedings … substantively arbitrable.1 The City then filed a verified complaint and order to show cause in the Chancery Division …
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… Submitted January 22, 2020 – Decided Before Judges Yannotti and Hoffman. On appeal from the … HER SUMMATION, IN SHOWING A MANIFEST DENIAL OF JUSTICE; COMMITTED MISCONDUCT SO EGREGIOUS, IT VIOLATED FOWLKES' … alleged in the light most favorable to the defendant, will ultimately succeed on the merits." R. 3:22- 10(b). A …
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… Submitted May 4, 2020 – Decided May 22, 2020 Before Judges Sabatino and Geiger. On appeal from the Superior … her August 20, 2018 written decision. We add the following comments. We apply the familiar two-pronged Strickland … alleged in the light most favorable to the defendant, will ultimately succeed on the merits. We review the denial of an …
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… his official capacity as President of the New Jersey Law Enforcement Supervisors Association, and NEW JERSEY LAW … LOCAL #105, on behalf of all its members, Petitioners, and COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO, NEW JERSEY STATE … sought a ruling on its still undecided motions to dismiss. Ultimately, PERC scheduled the case for hearing. In …
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… Argued November 12, 2019 - Decided NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … April 12, 2019 Law Division order denying their motion to compel binding arbitration and stay the third-party action … arbitration," through "clear and unambiguous language." Ultimately, it found "this agreement clearly . . . states …
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… Submitted February 2, 2021 – Decided May 10, 2021 Before Judges Fisher, Moynihan, and Gummer. NOT FOR … order dismissing with prejudice the remaining counts of his complaint but did not address that order in his brief. "An … to the issue of whether Kyriak had signed the agreement and ultimately issued an order granting plaintiff's 5 A-2295-19 …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … of the tenure charges. The relevant facts and events are uncomplicated and undisputed. Tenure charges were brought … Act and the current version of N.J.S.A. 18A:6-11, we ultimately conclude – with the assistance of familiar canons …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … in his own behalf, appeals from an order dismissing his complaint against defendants Mark Tress and Cedar Holdings … informal written decisions, or reasons given for the ultimate conclusion"). Plaintiff is correct that Rule …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … Forensic Center for evaluation. At trial, the hospital committing psychiatrist testified that defendant was … statements were used. Miranda may have been violated—but ultimately that issue too need not be reached. IV. During …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … indictment. Perry was indicted five more times for crimes committed in August (two), September, October, and November … Prot., 367 N.J. Super. 154, 159- 60 (App. Div. 2004)). "Ultimately, reviewing courts are not 'bound by the agency's …