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… demonstrated J.B. also had substance abuse problems, committed domestic violence, and was in and out of … J.B.'s chronic criminality, incarceration, and failure to comply with services and visitation, the Division proved the … incarcerations. On appeal, J.B. raises the following points for our consideration: I. THE TRIAL COURT ERRED IN …
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… court's factual and legal findings are not supported by the competent evidence in the record. I. We summarize the facts … time." Kyle was crying "slightly." Defendant attempted "to comfort" Kyle by "patting the baby on the back." When the … she "looked distressed." Defendant "didn't appear to be completely coherent" because "[s]he wasn't fully …
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… two to a second-degree offense, dismiss count one, and recommend a five-year term of imprisonment with no period of … treated as a third-degree offense. We agree with both points, and, therefore, reverse and remand the matter to the … discretion. "The downgrading of an offense is not a prerequisite to finding that the presumption of imprisonment for a …
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… 7:14A-3.1(b)(3). The DEP is required to hold a hearing for comments 1 The RT Authority has appealed the final NJPDES … in April 2019. That fee report was posted on the DEP's website, and notices of the report were mailed to the RT … other permit holders. The report was then opened to public comment, and the DEP held a public hearing on the report on …
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… against his co- conspirators. Consequently, the State recommended a downgraded sentence of seven years in prison, … of the public in which the police ask questions and do not compel an individual to answer." State v. Rosario, 229 N.J. … a well-grounded suspicion of criminal activity before commencement. Id. at 271-72; see also Elders, 192 N.J. at …
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… and KEVIN WILLIAMS, Plaintiffs-Appellants, v. J.C. PENNEY COMPANY, INC., J.C. PENNEY CORPORATION, INC.,1 SCHINDLER … Inc. was also improperly designated as J.C. Penney Company, Inc. at the trial level. NOT FOR PUBLICATION … and fell. Since plaintiffs did not establish the requisite elements required to invoke the doctrine of res ipsa …
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… residential treatment facility in Massachusetts, regularly communicated and wanted a relationship with both her … because of his remarriage." In a report to the court, she recommended the appointment of a forensic psychologist … 2A:23C-4, the privilege against disclosure of mediation communications. A trial court has broad discretion in making …
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… and the sole count in 17-06-0576. The State agreed to recommend 100 months in prison with fifty months of parole … the trunk. Marinho then asked defendant where he was coming from and defendant stated he was coming from his friend's house, a person Marinho believed …
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… Exposition Authority [NJSEA] and the New Jersey Meadowlands Commission, "the two agencies with the common interest of … of constructing a large- scale development on this site. On March 21, 2019, the Board of Commissioners 3 … submitted on behalf of the NJSEA, the Attorney General points out the inconsistency of Hartz's position in this …
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… to "defendant" as Nabil Rizkalla. 3 A-5009-18T3 Plaintiff complained of lower back pain and was taken to a local … but declined because she has diabetes. No surgery was recommended. Plaintiff did not sustain any lost wages or other … a lack of candor in minimizing her condition. All other points raised on appeal lack sufficient merit to warrant …
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… FOR THE TIME HE SERVED IN CUSTODY PRIOR TO SENTENCING, COMBINED WITH HIS FAILURE TO EXPLAIN TO DEFENDANT THE … an Essex County indictment with first-degree conspiracy to commit murder, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:11-3(a) … (counts nine and ten); second-degree conspiracy to commit aggravated arson, N.J.S.A. 2C:5-2 and N.J.S.A. …
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… APPELLATE DIVISION DOCKET NO. A-1910-18T1 1ST COLONIAL COMMUNITY BANK, Plaintiff-Respondent, v. TRACEY FARKAS, … attorney to argue the motion for plaintiff, who then argued points of law not raised to the trial court prior to the … interest in assuring that the safe-harbor prerequisites to fee- shifting is strictly enforced." Ibid. (citing …
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… through its employees, inspected her facility excessively, committed willful misconduct and fabricated violations … (Law Div. 1983). The statute authorizes unannounced, on-site inspections. N.J.S.A. 30:5B-5(d). The inspection … To the extent not addressed, plaintiff's remaining points lack sufficient merit to warrant discussion. R. …
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… demanded A.A. "give him everything he had." A.A. refused to comply and entered his vehicle in an attempt to leave. … (count one); causing the death of an individual during the commission of a robbery, N.J.S.A. 2C:11-3(a)(3) (count two); … charges. From this record, defendant presents the following points of argument for our consideration. I. THE TRIAL COURT …
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… motion to vacate an order dismissing its legal malpractice complaint against its former attorney, defendant John D. … In September 2012, Kosylo filed a breach of contract complaint on plaintiff's behalf against plaintiff's … into by all three parties. On September 12, 2013, the complaint was dismissed on an unopposed summary judgment …
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… but sought to prove he lacked the mental state required to commit murder. Defendant presented an expert who opined that … medical examiner testified the cause of death was assault "compounded by strangulation both manual and ligature." A … denied tying a belt around the victim's mouth and neck. He points out a police report states residents a few miles from …
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… and Accurso. On appeal from the New Jersey Civil Service Commission, Docket No. 2018-1058. Charles J. Uliano argued … General, argued the cause for respondent Civil Service Commission (Gurbir S. Grewal, Attorney General, attorney; … §§ 921-930, does not prohibit him from possessing a gun. He points 8 A-3957-17T1 out that 18 U.S.C. § 922(g)(9) …
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… same level of services previously approved . . . until the completion of a recertification by the new provider … hand, [B.F.'s expert] did not consult the [PCA] aide in completing her assessment and formulating her opinions and … in these areas. On appeal, B.F. raises the following points for our consideration: I. DMAHS's decision was …
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… Following the accident, plaintiff filed a single count complaint alleging that her injuries were caused by Nelson's … did not participate in the trial court proceedings, and the complaint was dismissed as to him. Defendants filed an answer to the complaint denying liability for Nelson's alleged negligent …
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… intentional infliction of emotional distress, aiding the commission of a tort, and conspiracy, based on defendant's … pursuant to the retainer was a "Motion to Dismiss – Civil Complaint." Paragraph 5 of that retainer, specified that … related to the children, and legal strategy. Burke also communicated with the DCPP, the Morris County Prosecutor's …