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… Argued November 16, 2020 – Decided Before Judges Gooden Brown and DeAlmeida. On appeal from the New Jersey Civil Service Commission, Docket No. 2019-2566. Catherine M. Elston argued … the part of the applicant." The Commission considered but ultimately rejected Mateo's explanations to mitigate the …
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… Submitted November 9, 2020 – Decided Before Judges Hoffman and Suter. On appeal from the Superior … would not initially identify defendant as his attacker, he ultimately did so based on a photo array. Both victims were … at 2. Defendant was not a juvenile when these offenses were committed, making the cases cited regarding juvenile …
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… Submitted December 2, 2020 – Decided Before Judges Geiger and Mitterhoff. On appeal from the … This appeal arises from a January 27, 2017 armed robbery committed by defendant outside a liquor store in Elizabeth. … offender extended term. And, while the State's motion was ultimately granted, the fifty-year NERA term initially …
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… Submitted December 14, 2020 – Decided Before Judges Currier and Gooden Brown. On appeal from the … of stocks paid to defendant/ex-husband as part of his compensation as an executive of Ross Stores, Inc. For the … in sellable net shares of 1,724 shares, which were ultimately placed into the -1941 E-Trade account. …
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… JERSEY DEPARTMENT OF HUMAN SERVICES- DIVISION OF FAMILY NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … CROSS COUNTY ORTHOPAEDICS, P.C., PROGRESSIVE INSURANCE COMPANY, Defendants. _____________________________ Argued … "plaintiff[s were] somewhat complicit in the procedure ultimately employed." 407 N.J. Super. at 596. We may infer …
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… Submitted January 5, 2021 – Decided Before Judges Yannotti and Mawla. On appeal from the Superior … ride, defendant told B.A. he had loaned Lockhart his gun to commit a robbery, but Lockhart had not split the proceeds … 16 A-0906-18T4 light most favorable to the defendant, will ultimately succeed on the merits. '" Id. at 355 (quoting R. …
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… Submitted March 18, 2020 – Decided March 4, 2021 Before Judges Fuentes, Haas and Enright. On appeal from the … Services, Inc., (KCS) is a construction service company located in Flagstaff, Arizona. At all times relevant … to Williston on Contracts[.] . . . . The Alpert court ultimately found that the Retainer Agreement did not define …
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… 1987). Judge Stuart A. Minkowitz, dismissed plaintiff's complaint under Rule 4:6-2, setting forth his reasons in a … development contemplated by the settlement agreement was ultimately subject to the Board's approval. In response to … complaint, or documents that are in the public record. See Teamsters Loc. 97 v. State, 434 N.J. Super. 393, 413-14 …
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… Submitted January 27, 2021 – Decided March 23, 2021 Before Judges Ostrer and Enright. On appeal from the Superior … 2019 denial of their motion to amend their answer, and the companion orders dated August 30, 2019 orders, which granted … Id. at 456. "Since dismissal with prejudice is the ultimate sanction, it will normally be ordered only when no …
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… Submitted January 19, 2021 – Decided March 10, 2021 Before Judges Currier and DeAlmeida. On appeal from the … officers were searching. Immediately after Agosta made his communication, Sergeant Schwint informed him over the radio … alleged in the light most favorable to the defendant, will ultimately succeed on the merits.'" Id. at 355 (quoting R. …
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… Argued January 13, 2021 – Decided March 29, 2021 Before Judges Whipple, Rose and Firko. On appeal from the Tax … of a municipality's assessment of property, with the concomitant burden on the taxpayer to prove that the property's … analyzed the physical characteristics of the property. He ultimately determined the single- tenant opinion was the …
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… Submitted May 4, 2021 – Decided May 21, 2021 Before Judges Yannotti and Mawla. On appeal from the Superior … appellants (T.K. Shamy, on the brief). Law Offices of Viscomi & Lyons, attorneys for respondent (Mario C. Colitti, on … was within its discretion to accept or rely on about their ultimate determination with respect to apportionment, …
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… PRISCO, INC., and BREAKER ELECTRIC, INC., Defendants, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … the total value to $331,089. By January 8, 2018, Breaker completed all work set forth in the subcontract and … issue of material fact for purposes of Rule 4:46-2." Ibid. Ultimately, "when the evidence 'is so one-sided that one …
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… Submitted March 15, 2021 – Decided June 1, 2021 Before Judges Fasciale and Susswein. On appeal from the … Judge Verna G. Leath heard oral argument and rendered a comprehensive oral decision on the record. Defendant is … "a reasonable likelihood that his or her claim will ultimately succeed on the merits." State v. Marshall, 148 …
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… Submitted October 26, 2020 – Decided July 28, 2021 Before Judges Sabatino and DeAlmeida. On appeal from the … when asked and attempted several times to place a wager. Ultimately, defendant Joseph Fierro, GNAC's Casino Games Pit … he was bothering other guests, several of whom had lodged complaints about Miller's behavior. Miller refused to leave. …
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… Submitted March 22, 2021 – Decided July 19, 2021 Before Judges Messano, Suter, and Smith. On appeal from the … a cursory inspection of some of the braking system components. His report indicated there seemed "to be air in … it. Defendant's failure to do so should not result in the ultimate sanction — dismissal of plaintiff's complaint. …
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… Submitted November 30, 2020 – Decided August 25, 2021 Before Judges Gooden Brown and DeAlmeida. On appeal from the … jurors, noting that Juror No. 1 told the officer that the comments he heard were just "chitter chatter" and "not … 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 October 20, 2021 – Decided November 9, 2021 Before Judges Hoffman and Geiger. On appeal from the Superior … on how to contact him under a false name so that their communications would be secret. On September 19, 2016, … alleged in the light most favorable to the defendant, will ultimately succeed on 17 A-3763-19 the merits[,]' . . . and …
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… Argued March 10, 2021 – Decided November 5, 2021 Before Judges Ostrer, Accurso and Vernoia. On appeal from the … the date is not entirely clear — Gnoinski filed a verified complaint for possession based on non- payment of rent. The … allegation, Gnoinski's statement may imply that the tenants ultimately paid rent for the previous months. It simply is …
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… Submitted March 8, 2021 – Decided November 17, 2021 Before Judges Gooden Brown and DeAlmeida. On appeal from the … a motion to enforce litigant's rights seeking an order: (1) compelling March to sign a QDRO awarding her a share of his … QDRO proposed by Merri had an incorrect coverture period. Ultimately, the parties agreed to a QDRO that reflected the …