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… under his care and supervision. We affirm. I. The pertinent facts were developed in depth at a five-day fact-finding hearing conducted over non-consecutive days in … witness. The Division did not substantiate that Sara had committed abuse or neglect , and she is not participating in …
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… a N.J.R.E. 404(b) hearing and application of the Cofield4 factors, the trial court denied defendant's application. … on a lesser-included offense must be given only where the facts in evidence 'clearly indicate' the appropriateness of … to sift meticulously through the record in search of any combination of facts supporting a lesser-included charge." …
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… (including after his return to custody in March 2024), he committed five disciplinary infractions, including assault … 2024, the Parole Board panel concurred with the findings of fact made by the hearing officer and found clear and … concluded, based on seriousness of the violations and the fact that Kelly had pleaded guilty to having violated all …
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… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY MONMOUTH … any, show that there is no genuine issue as to any material fact challenged and that the moving party is entitled to a … as a matter of law.” R. 4:46-2(c). A court does not act as factfinder when deciding a summary judgment motion. Judson …
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… this matter with prejudice. We affirm. The following facts are derived from evidence submitted by the parties in … LLC (Opus East) was the general contractor for the office complex development project known as the Mercer Corporate … it. Vollers also claimed that Citizens became the de facto owner and manager of the Mercer Project because it …
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… Plaintiffs-Appellants, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, P.A., Defendant-Respondent. … denying their motion for reconsideration. We affirm. The facts underlying this appeal are not disputed. Templo is a … terms and conditions cannot be fully determined until the facts are more fully developed. [Defendant] reserves all …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS TAX COURT OF NEW JERSEY DOCKET NO. … court grants the Borough’s motion to dismiss. Findings of Fact and Procedural History The court makes the following … See N.J.S.A. 54:4-63.11; 54:51A-9(b). Despite this fact, Plaintiff argues that the Borough’s motion should be …
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… physicians groups from all over the State who generally complain about out-of-network reimbursement rates from the … separate causes of action- Count One- Breach of Implied-in Fact Contract; Count Two- Quantum Meruit; Count Three- … whether a Page 4 of 12 cause of action is suggested by the facts. Motions to dismiss should be granted in only the …
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… the amount of the judgment. We summarize the pertinent factual background from: (1) the pleadings; (2) the … had been unjustly enriched. Krimson served the summons and complaint at Idol Makerz' place of business in Cranford, … adjustment reflecting Coles' historical record in audience attendance. We turn to Cole's contention that the …
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… auto, N.J.S.A. 2C:12-l(c)(3). We affirm. I. We recite the facts from the plea, sentencing, and motion hearings. In May … her car when she drove through the front façade of a commercial building and into a pizza shop. Three individuals … 1 State v. Warren, 115 N.J. 433 (1989). 5 A-3724-20 After a factual basis for the plea was established, defense counsel …
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… Enterprises, and there are genuinely disputed material facts as to whether March Associates breached that duty. I. We glean the following facts from the summary judgment record. Franchini had to … The manual required all ladders "be inspected by a competent person on a periodic basis and after any …
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… and Arnold Kenneth Richmond II.1 We affirm. We recite the facts from the evidence presented to the judge during a … were co-workers. 4 A-0773-22 park. Martianou's boyfriend accompanied Martianou to the park for the visit. According to … On September 16, 2022, the judge placed her findings of fact and conclusions of law on the record. The judge found …
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… DOCKET NO: ATL-L-1550-21 (CBLP) ORDER THIS MATTER having come before the court on cross-motions for summary judgment, … policy provision does not provide coverage under the facts alleged by Plaintiff, whose claim also fails to … complaint is dismissed with prejudice in its entirety. The factual and procedural history is as follows: Plaintiff DGMB …
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… Maintenance Treatment 1 (2002), http://www.cdc.gov/idu/facts/methadonefin.pdf.). 3 A-0082-23 At the time of the … naltrexone, methadone, and buprenorphine, in combination with counseling and behavioral therapies, to … court explained that its denial was "based on the unique facts of the case, not . . . on the statutory offense …
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… Department of Corrections (NJDOC) finding him guilty of committing prohibited act *.009, misuse, possession, sale, … in the record; and (3) whether, in applying the law to the facts, the administrative agency clearly erred in reaching … The sanctions "may be individualized by considering such factors as the": 3 The record on appeal does not include any …
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… (count three). Prior to trial, a motion judge rendered a comprehensive written decision denying defendant's request … applicable law, we affirm. I. Briefly stated, the salient facts are as follows. Detective Tiffany Lenart worked in the … "other considerations, such as economy and judicial expediency, must be weighed" when deciding a severance motion. …
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… A-3802-21 PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY, Plaintiff-Respondent/ Cross-Appellant, v. ATLANTIC … parties stipulated—as an insurance coverage matter where no facts were in dispute and the issues to be resolved involved … joint exhibits and a joint statement of undisputed material facts. The court entered an order to that effect on March …
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… from an October 21, 2022 Law Division order dismissing her complaint under the Conscientious Employee Protection Act1 … and remand for the reasons that follow. I. We view the facts in the light most favorable to the non-moving party, … arguing that the record shows genuine issues of material fact as to CEPA's fourth prong, warranting denial of summary …
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… legal principles, we reverse. I. We derive the following facts from petitioner's testimony and other evidence … this call was different because the patient was "extremely combative." Petitioner recounted the patient "kicking," … the [i]ncident, and his testimony essentially confirmed the facts as laid out by respondent." The ALJ noted petitioner's …
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… DIVISION DOCKET NO. A-0141-23 IN THE MATTER OF THE CIVIL COMMITMENT OF J.G. ___________________________ Argued … in part and remand in part. I. We discern the salient facts from the record. On September 3, 2023, J.G. was … remand to the trial court to set forth specific findings of fact and conclusions of law underpinning its September 28 …