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… After these incidents, Lettis-Yilmaz's employer accommodated her reported pain and inability to sit or stand … opinion of the Board's expert was credible. The trier of fact determines an expert's credibility and the weight to be … 77, 85-86 (App. Div. 1961). "Deference to a trial court's fact-findings is especially appropriate when the 9 A-1992-20 …
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… wrongfully denied his request because he has made a "satisfactory adjustment" while on parole, as contemplated by … by sufficient credible evidence of Muhammad having committed numerous violations of the conditions of his … that the parolee demonstrates that he has made a satisfactory adjustment while on parole, that continued …
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… and Rehabilitation Center's motion to dismiss plaintiff's complaint in favor of arbitration. We affirm. Greenstein was … but not limited to federal and state administrative remedies, and judicial remedies, and the Resident/Responsible … arbitrator shall render written decision with findings of fact and conclusions of law. Judgment upon the award …
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… found to have posted on the Internet numerous disparaging comments about his employer, in violation of Judiciary … were designed to be "part of a harmonious whole." In fact, the Supreme Court has analyzed one pension scheme … whose service has been terminated for any other reason. The fact patterns for the member's case, including the reason …
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… character of the neighborhood. Having considered these factors, the Board concluded that the use variances could … that boards of adjustment and municipal governing bodies will act fairly and with proper motives and for valid … A. Padovano's detailed written opinion. We only add a few comments. First, we discern no procedural infirmity in how …
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… resolution authorizing acquisition of the Property and studies supporting the need for a parking facility on the site. … Property to the Authority. The Authority filed a verified complaint and order to show cause (OTSC) seeking entry to … A correct result, even if grounded on an erroneous basis in fact or in law, will not be overturned on appeal. See GNOC, …
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… accrued interest of $21,227, for a total of $47,200.83 when combined with the loan principal. The Division informed … February, the Board determined that there were no material facts in dispute and directed the Board Secretary to prepare … . . . whether in applying the legislative policies to the facts, the agency clearly erred in reaching a conclusion …
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… Law Division denying its motion to dismiss the third-party complaint of defendant/third-party plaintiff Brian Chabarek, … Esq. We vacate the order and remand. I. The following facts are derived from the record. Plaintiff Debby Dailey, … that its holding in Atalese was primarily driven by the fact that it was examining a consumer contract. The Court …
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… INEFFECTIVE FOR FAILING TO ARGUE REMORSE AS A MITIGATING FACTOR. 1 We affirmed defendant's sentence on our excessive … Ebert, 234 N.J. 16, 16 (2018). 3 A-5662-18T2 Reviewing the factual inferences drawn by the PCR judge from the record … probability" that the deficient performance affected the outcome. Fritz, 105 N.J. at 58. 4 A-5662-18T2 ineffective for …
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… We affirm the order denying enforcement. I. We glean these facts from the plenary hearing and record. Defendant is a … In September 2015, MWV Slatersville merged with WestRock Company and changed its name to WestRock Slatersville, LLC … had taken from [the] firm." Raymond Frenette, a Silgan manufacturing technology and systems manager, said that …
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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 … legal principles, we affirm. We discern the following facts from the transcript of the suppression hearing. … decision on a motion to suppress, we defer to the court's factual and credibility findings "so long as those findings …
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… latest phase of a longstanding dispute over the terms of a commercial lease. The tenant, Children of America … the benefit of the parties, who are fully familiar with the facts, and because the facts are detailed in the first appeal, Children of Am. Inc. …
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… of the applicable law, we affirm. We discern the following facts from the record. This case stems from a string of … after being dispatched to their apartment regarding a complaint of harassment. They resided next door to … next attended DeVry Institute, ultimately finishing his studies at NJIT. 2 According to the records submitted to the …
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… affairs investigation in 2004, and his oral internal complaint in 2006 about the poor performance of the waste … N.J. 527, 539 (2019). As the parties agreed on the material facts for purposes of the motion, our task is limited to … of the continuing violation doctrine on the undisputed facts and plaintiff's failure to establish the fourth prong …
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… and Karena J. Straub, on the brief). PER CURIAM This matter comes before us for a second time. In our prior opinion, we … and applicable law, we affirm. I. We discern the following facts from the record. On April 16, 2004, defendant executed … determines "there is no genuine issue as to any material fact challenged and that the moving party is entitled to a …
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… (DOC), which upheld an adjudication and sanctions for committing prohibited act *.102, attempting or planning an … as presented there is no apparent misinterpretation of the facts. No leniency will be afforded to [Gittens]. Uphold all … law and the legal consequences that flow from established facts are not entitled to any special 9 A-3008-19 …
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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 … it cannot, even giving due deference to the jurors' role as fact-finders. As a general matter, courts have a narrow scope of review of a jury's factual determinations. A verdict should not be set aside as …
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… INC., and all subsidiaries and related entities, MCI COMMUNICATIONS SERVICES, INC., and all subsidiaries and … and limited by the Tax Procedure Law. The former, in fact, clearly expresses that the "administration, collection … compliance; plaintiff need only comply with the statute. In fact, because compliance need only occur "upon filing of the …
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… through its employees, inspected her facility excessively, committed willful misconduct and fabricated violations … any, show that there is no genuine issue as to any material fact challenged and that the moving party is entitled to a … 2(c). To determine whether there was a genuine issue of fact, we "consider whether the competent evidential …
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… for the reasons expressed by Judge Samuel D. Natal in his comprehensive written opinion. Defendant is the father of a … He claimed the promised jail credit "was a significant factor in his decision to accept the [S]tate's plea offer … evidentiary hearing." The court concluded that "[a]ll the facts necessary for the [c]ourt to make its determination …