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… Fisher, Sumners and Natali. On appeal from the New Jersey Commissioner of Education, Agency Docket No. 199-7/16. Adam … held the appropriate certificate, and served the requisite period of time."1 Relying on the plain language of the … they are of "public importance and will likely arise in the future." In re Stream Encroachment Permit, Permit No. …
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… DIVISION DOCKET NO. A-3707-16T5 IN THE MATTER OF THE CIVIL COMMITMENT OF A.E.F., SVP-306-03. _________________________ … March 1, 2017. At the hearing, the State relied on the unrefuted expert testimony of psychiatrist Dr. Roger Harris, who … never disputed that he was convicted of committing the requisite criminal offenses or that he suffers from antisocial …
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… a September 2, 2016 order allowing the filing of an amended complaint. We affirm. The facts relevant to this matter are … agreement[,]" and therefore the amended pleading was "not futile." On appeal, defendant contends the second summary … notice. Thus, plaintiff demonstrated it had the requisite standing to pursue foreclosure. Having concluded …
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… and Firko. On appeal from the New Jersey Department of Community Affairs, Complaint No. 17-013. Esther Milsted, appellant pro se. … capricious, or unreasonable, or that it lacks fair support in the record." Russo v. Bd. of Trs., Police & …
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… APPELLATE DIVISION DOCKET NO. A-0081-17T3 LESSNER ELECTRIC COMPANY, Plaintiff-Appellant, v. FIDELITY AND DEPOSIT … not be compensated. [Lessner] expressly undertakes and assumes the risks of the above and disclaims any liability for … if 'the factual allegations are palpably insufficient to support a claim upon which relief can be granted.'" Ibid. …
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… AND 5 A-2655-15T4 EXONERATING THE DEFENDANT FROM THE COMMISSION OF THE CRIMES. A. THE DEFENDANT'S RIGHT TO A … Super. 512, 513 (App. Div. 1991)). "Clearly, evidence that supports a defense, such as alibi, third- party guilt, or a … 158 N.J. 230, 239 (1999). Furthermore, Odum would be discredited with her prior denials. Her claim to be the slasher …
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… it was unaffordable. In October 2014, plaintiff filed a complaint in foreclosure. Approximately two months later, … We only add that defendants cite no controlling law to support their position, and we agree with the court's … exception to that rule arises when the amendment would be 'futile,' because 'the amended claim will nonetheless fail …
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… exchange for the State's dismissal of other charges and recommendation to the judge that defendant receive a … take her away from where she was, kind of the steps by the community pool; is that correct? Defendant: Yes. Defense … there was clearly sufficient evidence in the record to support defendant's plea that he committed sexual assault in …
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… restraining order (FRO) pursuant to the Prevention of Domestic Violence Act (the Act), N.J.S.A. 2C:25-17 to -35. The … 2 A-2486-16T1 issued based upon a finding that defendant committed the predicate act of harassment, N.J.S.A. 2C:33-4. … unless [we are] convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant …
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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 … his direct appeal, he filed a timely first PCR petition. In support of his claim of ineffective assistance of counsel, …
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… the sheriff's foreclosure sale, plaintiff filed a verified complaint and "Order to Show Cause for Summary Judgment" … its decision on the documents the parties submitted in support of and in opposition to the order to show cause. In … so that the parties were not confused about the nature of future proceedings. For the foregoing reasons, we vacate the …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3722-16T2 JAMES RAPISARDI, Plaintiff-Appellant, v. ESTATE OF HARRY LANGE … following facts from evidence submitted by the parties in support of, and in opposition to, the summary judgment … 3 A-3722-16T2 property, and the two properties share a common border. Oldmans Creek borders the properties to the …
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… that judgment. We affirm. According to the foreclosure complaint, in 2007, Ena and Errol Jefferson1 executed a … filed its first amended complaint to join new judgment creditors and unknown heirs and to plead Errol's death. In … counsel and litigants should not be taken up by such a futile proceeding." Guillaume, 209 N.J. at 469 (quoting …
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… police subsequently arrested plaintiff and filed a criminal complaint against her in the municipal court. The court … footage, and posted the footage on the social media website "Facebook" in an effort to identify the individual … of the arbitrator's decision upon which plaintiff relies in support of the assertion that the arbitrator applied the 7 …
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… Submitted April 8, 2019 – Decided May 3, 2019 Before Judges Messano and Fasciale. On appeal from Superior Court of New … that he was terminated in 2016 because of his race on comments Mosco allegedly made questioning plaintiff's … Div. 2012)). "Bare conclusory assertions, without factual support in the record, 'will not defeat a meritorious …
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… judgment, entered after the borrower defaulted on a commercial real estate loan. In A-5432-17, defendants 2820 … MITIGATION OF DAMAGES TO THE FACTS SURROUNDING RESPONDENT'S SUPPORT OF RECEIVER'S AND THEIR JOINT ATTORNEYS' FAILURE AND … of income on which N.J.S.A. 2A:17-56 permits a judgment creditor to execute. On this record, we find no error in …
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… the Law Division's December 6, 2017 order dismissing its complaint against defendant William Schleck with prejudice … as her attorney-in-fact. The cases cited by Orchards to support recovery by a third party for breach of a fiduciary … negligent misrepresentations to non-clients and are inapposite to the facts of this case. See LoBiondo v. Schwartz, …
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… Soto. The State initially made a written plea offer of a recommended fifty-year prison term, subject to NERA, in … 2010, defendant filed a pro se speedy trial motion. In his supporting certification, defendant stated that during an … the State's plea offers and whether those plea offers were communicated to defendant. Defendant moved to compel trial …
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… Appellants, v. CATASTROPHIC ILLNESS IN CHILDREN RELIEF FUND COMMISSION, Respondent. ___________________________ A.O., … to be 'arbitrary, capricious, or unreasonable, or . . . not supported by substantial credible evidence in the record as … ed. 2014); Definition of arbitrary, Merriam-Webster (last visited Mar. 26 2019), …
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… on her own behalf. She attempted to explain her efforts to combat her drug problems and stabilize her life. The mother … Division established all four of these factors by the requisite standard of clear and convincing evidence. The judge … abstinence from drugs and her expectation of receiving future housing assistance do not compel a contrary …