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… VENTURES, LLC, SOLOMON MERMELSTEIN, and ACTIVE REALTY COMPANY PROFIT SHARING PLAN, Defendants-Respondents, and … and Active Realty Company Profit Sharing Plan (Flaster/Greenberg PC, attorneys; Adam E. Gersh and Jeremy S. … different judge, in order to "preserve the appearance of a fair and unprejudiced hearing." Pressler & Verniero, Current …
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… for the reasons expressed in Judge James J. McGann's comprehensive oral opinion of February 15, 2019. In 2010, … and second-degree possession of a firearm in the course of committing a drug offense, N.J.S.A. 2C:39-4.la (count … counsel's errors are sufficiently serious to deny him a "fair trial." The prejudice standard is met if there is "a …
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… Yew appeals from an order dismissing with prejudice his complaint that Inservco Insurance Services, Inc., the … He also filed a complaint against Inservco alleging unfair trade practices, bad faith, and gross negligence for … if any effort to amend would be futile, Johnson v. Glassman, 401 N.J. Super. 222. 246-47 (App. Div. 2008). The …
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… reasons expressed by Tax Court Judge Joshua D. Novin in his comprehensive written opinion that properly applied the law … finding his proposed rate of $2.50 per square foot in "fair" condition and $1.50 per square foot in "poor" … be reasonable as well as his proffered loan-to-value ratio. Last, the judge rejected the expert's $88,800 downward …
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… extended to defendant a plea offer in which it would recommend to the court a sentence of twenty-five years, … manslaughter, N.J.S.A. 2C:11-4(a)(1), carrying a recommended twelve-year custodial term subject to a NERA … ASSISTANCE OF TRIAL COUNSEL DEPRIVED DEFENDANT OF A FAIR OPPORTUNITY TO DEFEND AGAINST THE CHARGES IN THE …
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… and had in fact expanded it. The judge directed Love to complete his pending variance application before the … of a request for a preliminary injunction based on an incomplete record. Those conclusions did not shield 8 … because, as the Law Division judge said, it "reflects a fair balance . . . [that] takes into account the need for …
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… Bae-Park, Assistant Attorney General, of counsel; Nicholas Dolinsky, Deputy Attorney General, on the brief). Joseph … for illicit drugs at the time of Serena's birth and was combative with hospital staff; she was psychiatrically … SHOULD BE REVERSED BASED ON CONSIDERATIONS OF FUNDAMENTAL FAIRNESS. We find insufficient merit in these arguments to …
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… and Smith. On appeal from the New Jersey Civil Service Commission, Docket No. 2020-1030. Darsi Beauchamp, … Attorney General, attorney for respondent Civil Service Commission (Debra A. Allen, Deputy Attorney General, on the … is arbitrary, capricious, or unreasonable, or that it lacks fair support in the record.'" Russo v. Bd. of Trs., Police & …
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… Transit Rail Operations, Inc. and dismissing plaintiff's complaint for damages under the Federal Employers' Liability … 45 U.S.C. §§ 51-60. We reverse. The facts are neither complicated nor in dispute. On January 20, 2016, plaintiff … care to avoid the risk of harm to another exists is one of fairness and policy that implicates many factors." Carvalho …
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… DIVISION DOCKET NO. A-4099-17T3 NEW JERSEY CHINESE COMMUNITY CENTER, INC., Plaintiff-Appellant, v. FRANKLIN … Argued March 6, 2019 – Decided April 29, 2020 Before Judges Fuentes, Vernoia, and Moynihan. On appeal from the Superior … 263, 286 (2013) (quoting Smart SMR of New York, Inc. v. Fair Lawn Bd. of Adj., 152 N.J. 309, 323 (1998)). An …
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… as thirty years. On the bottom of that page, where the recommended sentence from the prosecutor was to be filled in, … the [c]ourt follow and abide by the agreed sentencing recommendation here of [thirty] years [in] New Jersey State … but also that the deficiency prejudiced his right to a fair trial. Strickland v. Washington, 466 U.S. 668, 687 …
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… March 11, 2020 – Decided April 6, 2020 Before Judges Fuentes, Haas and Mayer. On appeal from the Superior Court … statute , and second- degree possession of a handgun while committing a drug-related offense. 3 A-1904-18T3 According … not take place at the expense of a defendant's right to a fair trial. State v. Sanchez, 143 N.J. 273, 290 (1996). 7 …
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… is arbitrary, capricious, or unreasonable, or that it lacks fair support in the record." J.B. v. N.J. State Parole Bd., … we overturn an agency decision merely because we would have come to a different conclusion. In re Stallworth, 208 N.J. … capricious or unreasonable. J.B., 229 N.J. at 43. Lastly, we find insufficient merit in the newly-minted …
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… with appellant on September 14, 2018 reported to the shift commander that appellant stated: "I'm gonna f--king kill … 120 days of administrative segregation, 150 days' loss of commutation time and 20 days' loss of recreation privileges. … prior to the hearing, N.J.A.C. 10A:4-9.2, a right to a fair tribunal, N.J.A.C. 10A:4-9.15, a limited right to call …
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… 3 A-4704-17T4 WHICH INFRINGED ON HIS RIGHT TO A FAIR HEARING. POINT III THE PCR COURT ERRED WHEN NOT MAKING … twenty-one-year-old A.G. fell asleep in her bedroom after becoming intoxicated and ill during a Christmas party hosted … intoxication, and "introduce any exculpatory evidence"; 4) competently cross-examine witnesses, including A.G., with …
njcourts.gov
… and Gilson. On appeal from the New Jersey Civil Service Commission, Docket No. 2019-253. Caruso Smith Picini PC, … Attorney General, attorney for respondent Civil Service Commission (Pamela N. Ullman, Deputy Attorney General, on … is arbitrary, capricious, or unreasonable, or that it lacks fair support in the record.'" J.B. v. N.J. State Parole Bd., …
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… In 1985, Blackmon was under the influence of Phencyclidine, commonly known as PCP, when he restrained, sexually … parole eligibility date in March 2024, after reduction for commutation, work, and minimum custody credits. On appeal to … 7 THE TAINTED FULL BOARD PROCEEDINGS FORECLOSE A SUBSEQUENT FAIR AND IMPARTIAL PAROLE HEARING. (Not Raised Below). II. …
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… his retirement benefits. Defendant filed a motion to compel plaintiff to reimburse the funds distributed to him … reconsideration or appeal from this order and failed to comply with it. Defendant filed a second motion to enforce … enforcement of agreements, the law imposes a duty of fairness on the parties. Fattore v. Fattore, 458 N.J. Super. …
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… the factual findings made in an 5 A-5650-17T2 unemployment compensation proceeding, the test is not whether [we] would come to the same conclusion if the original determination … his position. Therefore, Marquez was afforded a full and fair opportunity to be heard on his appeal, both before the …
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… They'll set up a schedule to monitor the mental health component." The court made clear it was not ordering "full … understood that probation would monitor the mental health component of the suspended sentence, a 1 The suspension of a … APARTMENT VIOLATED DEFENDANT'S RIGHTS TO DUE PROCESS AND A FAIR TRIAL. (Not raised below). We affirm. A Gloucester …