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… v. NEW JERSEY MANUFACTURERS INSURANCE COMPANY and MELINDA YOUNG, Defendants-Respondents. … judgment in favor of New Jersey Manufacturers Insurance Company dismissing their claim for underinsured motorist … of law, we affirm. The facts of this two-car accident are uncomplicated and easily summarized. Plaintiff Calise Belin …
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… I: THE STATE FAILED TO MEET ITS BURDEN OF ESTABLISHING A COMPELLING EXIGENCY OR EMERGENCY SUFFICIENT TO JUSTIFY … factors found by the sentencing court were not based upon competent and credible evidence in the record; or (3) "the … so as to shock the judicial conscience." [State v Fuentes 217 N.J. 57, 70-74 (2014) (citation omitted) …
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… April 29, 2020 – Decided May 27, 2020 Before Judges Fuentes and Enright. On appeal from the Superior Court of … for the reasons set forth in Judge Brian McLaughlin's comprehensive oral opinion. The parties are former … 194 (App. Div. 2007) (citing Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995)). Governed by …
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… 13 to 14, 2020, referenced discovery scheduled to be completed by November 8, 2019, and certified that efforts to … JUDGMENT WAS APPROPRIATE TO DISMISS A FA[L]SE AND FRIVOLOUS COMPLAINT. We consider these points to be so lacking in … under the State's public policy and are enforced absent a "compelling 7 A-2580-19 reason"). Gregory filed an objection …
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… claim for relief is based, [and] the legal grounds of the complaint asserted[.]" As the PCR judge subsequently noted, … pre-sentence report (PSR), which included a 2012 competency evaluation report by Dr. Raymond Terranova, a … else that . . . mental illness played any role in the commission of this offense." He acknowledged Dr. Terranova's …
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… of administrative segregation, a ninety-one day loss of commutation time, and a ninety-one day loss of recreation … the other inmate to stop fighting. They both ignored the command and continued to fight until a response team arrived. 3 A-4421-18T1 Petitioner was charged with committing a prohibited act *.004, fighting with another …
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… March 1, 2017, BSS issued D.T. a statement of available income with respect to his request for a redetermination of … for FCC sent a letter to DMAHS appealing BSS's available income determination, "request[ing] that [the] matter be set … by sending a letter to counsel for FCC requesting a "complete copy of the [DAR] [f]orm" within thirty days. On …
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… THE DEPARTMENT OF LABOR FAILED TO ENFORCE THE UNEMPLOYMENT COMPENSATION LAW STATUTE PROVISION ENCOURAGING EMPLOYERS TO … in October 2016 of a planned 2018 closing of his employer-company before he reached his sixtieth birthday at which he … benefits. Brady, 152 N.J. at 218. New Jersey's Unemployment Compensation Law, N.J.S.A. 43:21-1 to - 71, provides in …
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… ALLSTATE, Plaintiff-Respondent, v. GLOBAL LIBERTY INSURANCE COMPANY OF NEW YORK, Defendant-Appellant. … 22, 2019 2 A-2706-18T3 Defendant Global Liberty Insurance Company (Global) appeals from the February 15, 2019 Law … enter judgment against Global. Global argued that since it commenced its New York proceeding within 120 days of the …
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… named as "Zip Lube of Broad Street" in plaintiff's complaint. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE … Zip Lube of Broad Street summary judgment dismissal of her complaint, and denying her cross-motion to extend discovery. … and remained inoperable. In October 2016, plaintiff filed a complaint against defendant, asserting: breach of contract, …
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… defendant is convicted of aggravated sexual assault by committing an act of sexual penetration with another person … a prosecutor to negotiate a plea agreement with a recommended sentence outside the statutory range without …
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… alone in a parked car in the parking lot of an apartment complex. As they approached defendant's car on foot, another … vehicle recording device; (3) challenge original unsworn complaints as to probable cause and lack of a neutral … could show that he suffered a mental incapacity, the outcome of the trial would have been different." Since no prima …
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… AN INVESTIGATION OF WITNESSES WHO WERE IN THE 2 Defendant complained his trial attorney was not present at sentencing … is alleging he was elsewhere at the time the crime was committed and therefore could not commit it." State v. Mitchell, 149 N.J. Super. 259, 262 …
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… for M.K., Petitioner-Appellant, v. STATE HEALTH BENEFITS COMMISSION and HORIZON BLUE CROSS BLUE SHIELD OF NEW JERSEY, … and DeAlmeida. On appeal from the State Health Benefits Commission, Department of the Treasury. Michael M. DiCicco … argued the cause for respondent State Health Benefits Commission (Matthew J. Platkin, Acting Attorney General, …
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… Judges Mawla and Mitterhoff. On appeal from the Waterfront Commission of New York Harbor, RL-5381. George T. Daggett … attorney for appellant Robert Ward Becker. Waterfront Commission of New York Harbor, attorneys for respondent Waterfront Commission of New York Harbor (Phoebe S. Sorial, on the …
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… On appeal from the New Jersey Public Employment Relations Commission, PERC Nos. 2020-55 and 2021-5. Juan Mendoza, … for respondent New Jersey Public Employment Relations Commission (Frank C. Kanther, Deputy General Counsel, on the … of the State of New Jersey Public Employment Relations Commission (PERC) denying NOT FOR PUBLICATION WITHOUT THE …
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… N.J.S.A. 2C:44-1(b)(14) (applicable to offenders who commit crimes when under the age of twenty-six), a provision … retroactive on state collateral review). Because defendant committed his offense at the age of twenty-four, he is not … 10, 2022, the Court issued a majority opinion in State v. Comer/State v. Zarate, __ N.J. __ (2022), which …
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… license. Defendant also argued "an offense does not come into existence until there is a conviction, and a defendant does not become an offender until they are convicted." In a July 10, … judge rejected defendant's arguments. He found defendant committed the DWI offense on June 27, 2019 and the revised …
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… Judge Daniel L. Weiss's oral opinion. We add the following comments. On July 21, 2009, the parties entered into a lease … came from home repair estimate websites such as fixr.com and homeadvisor.com. Defendant did not pay anyone to make the repairs. On …
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… 2C:14-2(b). Pursuant to the plea agreement, the State recommended defendant serve an eight-year prison term, subject … Act, N.J.S.A. 2C:43-7.2. The trial court imposed the recommended sentence after finding aggravating factors three … took advantage of a position of trust or confidence to commit the offense), and nine (need to deter), N.J.S.A. …