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… if he's going to take the witness stand. But either way, for him to . . . have that defense, which is . . . an … did or failed to do that [which] would have changed the outcome of trial." II. Defendant raises the following points on … N.J. 391, 419 (2004) (citing Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995)). The de novo …
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… Plaintiff-Appellant, v. ATRIUM POST ACUTE CARE AT WAYNEVIEW, 2020 ROUTE 23 OPERATING COMPANY LLC, d/b/a ATRIUM POST ACUTE CARE OF WAYNEVIEW, KBWB OPERATIONS – ATRIUM, LLC, KBWB OPERATIONS, …
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… from an interlocutory order of the Division of Workers' Compensation, Department of Labor and Workforce Development, … issue at trial and "[t]here is no plausible, practical way to have the employee testify related to truthfulness … the testimony of the petitioner and other witnesses, together with any stipulation of the parties, and after such …
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… that in exchange for the guilty plea, the State would recommend a nine-year prison sentence, subject to an … 200 N.J. 129, 138 12 A-2205-22 (2009)). Stated another way, counsel must not "'provide misleading, material … N.J. 344, 358 (2009)). That said, "courts are permitted leeway to choose to examine first whether a defendant has been …
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… Smith and Perez Friscia. On appeal from the New Jersey Commissioner of Education, Docket No. 10-12/22A. Oded … before the first and second ALJs did not involve the requisite "substantially similar or identical causes of action … See N.J.A.C. 1:1- 12.5(b). For these reasons, we part ways with the Commissioner's finding that substantiated …
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… terms on the convictions and directed that Uriarte comply with the requirements of Megan's Law, N.J.S.A. 2C:7-1 … PSL. N.J.S.A. 2C:43-6.4. 1 Following the date of Uriarte's commission of the offense for which he was convicted under … exploiting a power dynamic over LeGrande in the same way an offender exploits the inability of an intoxicated …
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… agreement, he later pled guilty to an offense which, if committed by an adult, would constitute second-degree … Prosecutor's Office (MCPO) issued a press release on its website detailing M.P.'s name, school, hometown, offense, and … extent this argument contradicts K.B., he urges us to part ways with K.B. because the Internet now distributes …
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… battery. While doing so, a shopping bag fell from the same compartment, which appeared to contain a handgun. Police … the following requirement: Each application form shall be accompanied by a written certification of justifiable need to … constitutional and enforceable." Id. at 511. Stated another way, the other provisions of N.J.S.A. 2C:58-4 were not …
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… LLC, Petitioner-Appellant, v. NEW JERSEY MOTOR VEHICLE COMMISSON, Respondent-Respondent. … Div. 2001) (citations omitted). Further, "we are 'in no way bound by [an] agency's interpretation of a statute or … N.J. Super. at 553 (quoting "an excerpt from the NJMVC website"). Therefore, the statutory interpretation of a …
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… effectuating the search warrant will put officers in harm's way and could hamper law enforcement's ability to effectuate … ." Ibid. The Court stated, "[s]everal factors, alone or in combination, may provide sufficient justification to … warrant here was valid despite the fact the court did not complete certain sections of the warrant. The court …
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… and DeAlmeida. On appeal from the New Jersey Civil Service Commission, Docket No. 2021-822. Robert K. Chewning argued … Attorney General, attorney for respondent Civil Service Commission (Pamela N. Ullman, Deputy Attorney General, on … Ctr., 127 N.J. 500, 513 (1992). However, we are "in no way bound by the agency's interpretation of a statute or its …
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… the reasons articulated by Judge Magali M. Francois in her comprehensive oral opinion. We glean the relevant facts from … sharing payment of bills; (4) they enjoyed no vacations together; (5) they did not spend Susana's birthday together; … issues of material facts that should have been resolved by way of a plenary 6 A-0251-22 hearing. Therefore, he requests …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1938-22 NC COMMUNITY CENTER ASSOCIATES, Plaintiff-Respondent, v. … satisfy any requirements of mitigating damages. With the way the current economy is going it is difficult to arrive … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no …
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… and to require plaintiff F.L.1 to disclose "any concealed income."2 We affirm both orders. I. The parties were married … born in 2005 and the other in 2008. The parties divorced by way of a judgment of divorce (JOD) on March 30, 2016. … of the JOD, including the judge's findings regarding his income, had not been supported by sufficient credible …
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… OF THE BOROUGH OF SADDLE RIVER and THE MICHAELS DEVELOPMENT COMPANY I, LP, Defendants-Respondents. … Development Company I, LP (Michaels) preliminary and final site plan approval to build affordable housing units. … the relocation of the backup generator and vent pipe away from his property line, sediment control, traffic flow, …
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… Jersey, Law Division, Hudson County, Docket No. L-4373-19. McOmber McOmber & Luber, PC, attorneys for appellant (Austin … unbecoming a public employee. Specifically, that you targeted a City constituent and his[] attorney in relation to a … regarding Hudnut's decisions on marijuana [were] in any way related to the subsequent discipline that he received." …
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… son. On July 18, 2023, plaintiff filed a domestic violence complaint alleging harassment and was granted a temporary … she picked up their son and went home. Plaintiff stayed away from defendant but heard him talking in the basement and … to. This time [she was] going to the end" and stepped away with her back to him. "[W]hen [she] refused, he grabbed …
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… Esther Jean summary judgment and dismissing Enoch's complaint with prejudice. After reviewing the record in … most favorable to plaintiff, the non-moving party. See Crisitello v. St. Theresa Sch., 255 N.J. 200, 218 (2023). On … upon the particular circumstances of a given case." 700 Highway 33 LLC v. Pollio, 421 N.J. Super. 231, 236 (App. Div. …
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… Michael Crane1 filed an order to show cause and verified complaint seeking an order compelling an accounting from … properly addressed in response to a formal accounting by way of exceptions—if there is a challenge to the formal … or 9 A-3739-22 since the day of the last account, together with the date the changes were made; (3) a statement …
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… of his plea agreement," and that plea counsel had passed away. Defense counsel argued that the ten-year suspension of … section, the revocation or suspension period imposed shall commence as of the date of termination of the existing … the trial court). We do so by first reviewing the prerequisites to seeking PCR from a DWI conviction and then by …