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… report to his supervising officer and failing to complete the required community service. Defendant absconded and failed to appear … defect in performance prejudiced defendant's rights to a fair trial such that there exists a "reasonable probability …
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… weight of the evidence, and his sentence was manifestly unfair. We affirm. A Monmouth County Grand Jury returned an … The search revealed a black Airsoft pistol in the glove compartment, $930 cash in the center console, and a tactical … conference where counsel for Maurice did not provide any recommendations or offer any comments or instructions …
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… During her tenure, she held different titles, including her last position as Senior Data Processing Programmer. B.H. … mother, and notified B.H. that local police would be coming to the house to check on the boyfriend's welfare. The … capricious, or 8 A-0987-16T4 unreasonable, or that it lacks fair support in the record.'" Thompson v. Bd. of Trs., …
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… for summary judgment, dismissing his Special Civil Part complaint against defendants TWC Administration LLC and its officer William Osbourn. The complaint was based on a check drawn by Osbourn and a … days ran, and one may question whether the legend should be fairly read to cut off Rio's rights against the drawer – …
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… [the video] was played for the Court and jury at this time, commencing at 3:14:35 p.m., with the witness narrating … was not identical, the [] differences were de minimus." Lastly, defendant argued appellate counsel rendered … 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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… On appeal from New Jersey Public Employment Relations Commission, P.E.R.C. No. 2015-042. Cathlene Y. Banker argued … Relations Commission (Commission), which dismissed his unfair practice charges because they were not filed within the … to the ID. Before the Commission, Mandato conceded that the last of these three claims was not filed within six-months …
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… the parents uncooperative. The father reported the children last attended school three years ago and were currently … cooking, and gym, and showed the worker a Triumph Learning Common Core Coach book. Defendant stated Jason did not have … elsewhere] rests upon the State, it would be saddled with a fairly impossible task, for it would be obligated to prove a …
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… Argued October 26, 2016 – Decided Before Judges Fuentes, Simonelli and Gooden Brown. On appeal from Superior … the number of dwelling units per acre. Plaintiff filed a complaint in lieu of prerogative writs pursuant to Rule … N.J. 263, 284 (2013) (quoting Smart SMR of N.Y., Inc., v. Fair Lawn Bd. of Adjustment, 152 N.J. 10 A-3830-14T1 309, …
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… error which unduly prejudiced defendant and denied him a fair trial" and "[t]he testimony of Detective Cavallo … v. Fritz, 105 N.J. 42, 58 (1987). 7 A-1214-16T3 must overcome the presumption that' the attorney's decisions followed … claims was not itself ineffective assistance of counsel. Lastly, defendant argues he established a prima facie case …
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… for the reasons set forth in Judge Mark Troncone's comprehensive written decision rendered on September 23, … approval on September 2, 2015. Plaintiff thereafter filed a complaint in lieu of prerogative writs seeking to reverse … suitable for the proposed use." [Smart SMR v. Borough of Fair Lawn Bd. of Adjustment, 152 N.J. 309, 323 (1998)] …
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… Design Group, LLC's (Watersedge) motion to dismiss the complaint with prejudice pursuant to Rule 4:6-2(e), and … not voluntarily and intentionally waive them thereafter. Lastly, by the time JIF contacted Blewett and Blewett … For the first time on appeal, JIF contends that equity and fairness support reversal. Generally, we decline to address …
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… 1:15 a.m., the eyewitness, while in her apartment in the company of others, heard the sound of gunshots. A second … wagon. Meanwhile, the occupant of another apartment in that complex heard gunshots and saw four men running. Two drove … but also that the deficiency prejudiced his right to a fair trial, or in this instance, his right to effective …
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… and 593 AVENUE E CONDOMINIUM ASSOCIATION, FORD MOTOR CREDIT COMPANY, OLYMPIA INTERNATIONAL, INC., F.A. SAAVEDRA, M.D., … 2010, after complying with the notice requirements of the Fair Foreclosure Act, N.J.S.A. 2A:50-56. On July 25 and July … without any factual support contrary to [Rule] 4:5-4. Lastly, [d]efendants' [a]nswer merely states that the …
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… contrary to N.J.S.A. 2C:11-4(a)(1). The State agreed to recommend that the court sentence defendant to sixteen years … asserted that another witness had seen numerous males coming from the scene after the shooting, and after the … errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable." Id. at 687. …
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… Such, Kahn & Shepard, PC, attorneys for respondent (Douglas J. McDonough, on the brief). PER CURIAM This is a … that judgment. We affirm. According to the foreclosure complaint, in 2007, Ena and Errol Jefferson1 executed a … deficiencies including plaintiff's compliance with the Fair Foreclosure Act, N.J.S.A. 2A:50-53 to -73. Judge Rogers …
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… Moynihan and Natali. On appeal from the Civil Service Commission, CSC Docket No. 2015-3042. Sanford R. Oxfeld … working with Villalobos' current wife's family. The last check at issue — no. 2612 — was issued on January 6, … all the circumstances, as to be shocking to one's sense of fairness.'" Id. at 28-29 (quoting In re Polk, 90 N.J. 550, …
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… from the Law Division's order dismissing their third-party complaint under Rule 4:6-2(e) for failing to state a claim … of solid waste "in the form of millions of discarded automobile tires at the [property]." Two years later, the NJDEP … the accumulation of tires . . . ." He explained that the "fair meaning" of the person responsible for accumulating …
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… homeowners, Manoj and Pallavi Hejib, and dismissed the complaint with prejudice for failing to state a cause of … 104-unit 7 A-3073-16T3 condominium complex" must be classified as a "residential," and not a "commercial," … conditions of land is premised on the fact that it is unfair to impose liability upon a property owner for hazardous …
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… interest in the amount of $909,000. He listed his gross income for 2003 as $580,000. The parties experienced a … expenses, day-to-day living expenses, automobile expenses, clothing expenses, medical, dental, … changed circumstances render the agreed terms no longer 'fair and equitable.'" Ibid. (quoting Lepis, 83 N.J. at …
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… in the family home in Waldwick. In January 2012, decedent's Last Will and Testament was admitted to probate. After … the residence. Accordingly, in January 2017, the executor commenced the present summary action, seeking relief that … their equitable powers are charged with formulating fair and practical remedies appropriate to the specific …