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… daughter was appointed his guardian in December 20141 and completed the form designating Future Care as E.M.'s … that could not be gathered until 1 We note the verified complaint for guardianship brought by counsel for Lakeview, … until the guardian's appointment). The ALJ found I.L. inapposite because in addition to this case having nothing to do …
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… 9:6-1 and N.J.S.A. 9:6-3. The State also filed a related complaint against defendant charging him with the petty … a consideration, weighing and balancing all of the requisite factors, including those personal to defendant as well … at 624-25 (alterations in original).] With these principles in mind, the judge found that defendant had not …
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… and Hoffman. On appeal from the New Jersey Civil Service Commission, Docket No. 2015-1204. James B. Arsenault, County … from a March 21, 2016 final decision of the Civil Service Commission (Commission) reversing the action terminating the … We will not disturb the final determination of an agency unless shown that 6 A-3379-15T3 it was "arbitrary, capricious …
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… are the owners of Unit 10 in the Cedar Greens Condominium Complex (Cedar Greens), comprised of ten individually owned apartments. Defendant … a hazard insurance policy insuring the lender "for not less than 100% of the insurable value of the improvements as …
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… to advise him of his right to testify when counsel did not comment, object, or ask for a recess when defendant advised … who testified at trial, contends the prosecutor improperly commented on his silence at the time of arrest. [Yebes, slip … raised by defense counsel in his summation and a fair commentary on the evidence adduced at trial." Id. at 15. …
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… dated March 10, 2017 and March 17, 2017, dismissing his complaint in lieu of prerogative writs. We affirm. Plaintiff … argument on this appeal. On August 1, 2016, the Board recommended the Governing Body adopt Resolution 157.16, … are waived. See Pressler & Verniero, Current N.J. Court Rules, cmt. 6.1 on R. 2:5-1(a) (2018) ("[I]t is clear that it …
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… Bernadette Harper, a New Jersey Manufacturers Insurance Company (NJM) insured, sustained injury to her lower back in … N.J.A.C. 11:3-29.5." Endo Surgi filed a Law Division complaint under N.J.S.A. 2A:23A-13 of the Alternative … because the procedure was reimbursable under Medicare rules. Both parties filed motions for summary judgment. On …
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… N.J.S.A. 2C:11-3(a)(1) and (2), first-degree murder as an accomplice, N.J.S.A. 2C:11- 3(a)(1) and (2), and thirteen … petition. This appeal followed. 2 The "report" is a computer screen printout which defendant argues shows he … petition[s] for post-conviction relief shall be dismissed unless: (1) [they are] timely under Rule 3:22-12(a)(2)[.]" …
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… plaintiffs Maria Pulice's and Frank Pulice's negligence complaint as a result of a waiver Maria signed releasing the … Members and member's guests shall hold the club harmless from any cost, claim, injury, damage, or liability … is public interest in holding a health club to its general common law duty to business invitees--to maintain its …
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… surety on the bond, First Indemnity of America Insurance Company. The Agreement required defendant to "pay all . . . … fees. Defendant was the only party who answered the complaint. FTA requested summary judgment, contending there … application to open a judgment will be left undisturbed unless it represents a clear abuse of discretion."). 3 We omit …
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… Demunguia admitted to his parole officer that he had become affiliated with the Pagans Motorcycle Club (Pagans) in … could not possibly belong to [the other occupant] as females are not permitted to be members of motorcycle clubs." … the Board, like those of other administrative agencies, unless they are "arbitrary, capricious or unreasonable or …
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… then testified that her employer informed her that the company did not have any light-duty work available for her. … if a position was available and may have been able to accommodate Pelczar by offering her a position that would not … Self v. Bd. of Review, 91 N.J. 453, 459 (1982)). "Unless . . . the agency's action was arbitrary, capricious, or …
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… filing a petition for post-conviction relief (PCR). The Rules of Court do not authorize an order compelling discovery in this context, and defendant did not … for an exercise of the judge's inherent authority to compel discovery when justice requires. R. 3:13-2; R. …
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… appeals from his conviction for second-degree conspiracy to commit robbery, N.J.S.A. 2C:15-1 and N.J.S.A. 2C:5-2, … OF N.J.S.A. 2C:43- 7.2(a). C. THE TRIAL COURT’S WHOLESALE ADOPTION OF THE PROSECUTOR’S PLEA OFFER THAT IMPOSES … of the crime, which the State must prove. See State v. Lassiter, 348 N.J. Super. 152, 160-161 (App. Div. 2002) (where …
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… possession for an unlawful purpose, in exchange for a recommended sentence of six years, with a three year parole … he later learned that Lane's advice was wrong, because unless his parents "included me on their naturalization papers … further attested that on the day he pled guilty, Lane visited him in the bull pen, and told him to just sign the …
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… the . . . Tribunal decision due to a mistake in law or computation thereby affecting the legal conclusion of the . … or malicious" and therefore the Tribunal could not find she committed "severe misconduct." See N.J.A.C. 12:17-2.1 (2015) … "shall be deemed to be the final decision of the [Board], unless further appeal is initiated pursuant to [N.J.S.A. …
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… homicide because his conduct was negligent not reckless. Our vehicular homicide statute requires the State to … tests on defendant, which he failed. Defendant also posited the theory that the victim's car had just pulled onto … "nor did [the court] respond to the jury's questions by comparing recklessness with other mental states." Id. at …
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… order). In December 2015, plaintiff filed a verified complaint in Essex County, where defendant resides with … judging it against the appropriate standard and the principles reviewed, we affirm the motion judge's decision. We add … determination that plaintiff failed to establish the requisite changed circumstances. In addition, we find no abuse of …
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… second-degree aggravated assault of another victim by recklessly causing serious bodily injury to her under … he would have accepted the State's plea offer, which had recommended a twenty-year aggregate custodial term. We affirm. … PCR petition, without an evidentiary hearing, in a comprehensive, fourteen-page written statement of reasons. …
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… judgment and denying defendant's motion to dismiss the complaint, and an April 4, 2017 final judgment of … rights under the mortgage to plaintiff. Plaintiff filed a complaint for foreclosure four months later. Defendant filed … confer[s] standing." Deutsche Bank Trust Co. Ams. v. Angeles, 428 N.J. Super. 315, 318 (App. Div. 2012) (citing …