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… AT SENTENCING IN FAILING TO RAISE MITIGATING FACTORS. I. We discern the following facts from the record. On May 17, 2015, defendant was … N.J.S.A. 2C:44- 1(a)(3) (the risk that defendant will commit another crime); six, N.J.S.A. 2C:44- 1(a)(6) (the …
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… substantially for the reasons stated by Judge Ciccone. The facts derived from the motion record are summarized as … not cure his default, and on March 26, 2015, NRZ filed a complaint in foreclosure. Although defendant was served with … 12 A-5439-18 defendant did not establish that any of these factors were present in the execution of the Sheriff's sale, …
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… APPELLATE DIVISION DOCKET NO. A-2842-19 FRANK'S REALTY COMPANY, Plaintiff-Appellant, v. ZONING BOARD OF ADJUSTMENT … Lawn, 85 N.J. Super. 234, 237 (App. Div. 1964)). Here, the facts demonstrated good cause warranting relief from the … Div. 2000). As to the traffic and environmental impact studies, Vineland's zoning regulations for major site plan …
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… 1961, the Borough of Englewood Cliffs' Planning and Zoning Commission (the Commission) granted a three-lot subdivision … unreasonably disregarded the testimony of its expert and fact witnesses. A municipal entity's "decision is 'invested … N.J. 263, 284 (2013). We "give deference to the actions and factual findings of local boards and may not disturb such …
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… (John E. Molinari, on the briefs). Law Offices of Viscomi & Lyons, attorneys for respondents (Patricia R. Lyons, … any, show that there is no genuine issue as to any material fact challenged and that the moving party is entitled to a … was more than six months old, not neutered, and had no obedience training as of the date of the incident.2 Brandau …
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… criminal record and the violent nature of the crimes he committed when he assaulted and shot the victim in the leg. … either "a new rule of constitutional law," an undiscovered factual predicate, or ineffective assistance of counsel. … to cases on collateral review; or (B) the date on which the factual predicate for the relief sought was discovered, if …
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… probable cause to believe that a juvenile fourteen or older committed one or more specified delinquent acts (including … N.J.S.A. 2A:4A-26(a). Defendant does not dispute the fact that he was over fourteen or that he committed the … prosecutor then addressed each of the fifteen prescribed factors, see Guidelines at 5-6, and determined that nine …
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… SUBSTANCE ABUSE HISTORY AS A BASIS FOR FINDING AGGRAVATING FACTOR THREE AND WHEN IT FAILED TO CONSIDER MITIGATING FACTOR NINE. Having considered these arguments, we affirm … knocked on the door of the room, announced they had come to arrest defendant, and instructed him to come out. …
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… on [March 13, 3 A-4859-18 2018] but this is inadequate factually. It is impossible to discern from [plaintiff]'s … motion for leave to file a late notice of claim fatally noncompliant with the one- year deadline imposed under N.J.S.A. … motion because plaintiff failed to set forth sufficient facts describing the incident, when the claim accrued, and …
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… N.J.A.C. 17:1-1.3(d). We agree and affirm. I. The pertinent facts are not in dispute. Montero became employed by Bergen … She challenged the layoff in an appeal to the Civil Service Commission (Commission). While her appeal was pending, and … or submit a written statement . Based on those undisputed facts, we discern no basis to conclude the Board's decision …
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… replaced in 2014, and that the glass in Door 12 did not comply with applicable building codes or American National … of wire makes glass stronger, and that wired glass manufacturers were still permitted to market wired glass as … danger of the door based upon post-installation studies or [of] that door's glass breaking and causing injuries …
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… LIABLE FOR THE ELUDING UNDER THE STATE'S THEORY OF ACCOMPLICE LIABILITY, THAT CONVICTION MUST BE VACATED. … [BRADY]. POINT III AS THERE WERE GENUINE ISSUES OF MATERIAL FACTS IN DISPUTE, AN EVIDENTIARY HEARING WAS REQUIRED. 11 … REMAINS IMPOSSIBLE WITHOUT RESOLUTION OF DISPUTED MATERIAL FACTS[] IN ADDITION TO RULING ON [INEFFECTIVE ASSISTANCE OF …
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… of the New Jersey Department of Corrections (DOC) that he committed prohibited act *.002, assaulting any person, and … and 30 days loss of recreation privileges. We affirm. The facts elicited at the disciplinary hearing reveal that on … Abdur-Raheem sought to call for in-person questioning as fact 2 We omit Special Investigator Rodriguez's first name …
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… DIVISION DOCKET NO. A-2972-18T5 IN THE MATTER OF THE CIVIL COMMITMENT OF W.W., SVP-86-00. ________________________ … for his previous victims." Dr. Scott added that other risk factors not reflected in W.W.'s Static-99R score included … Dr. Scott acknowledged: Well, the most important factor I believe that made me . . . reach the conclusion I …
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… Associates, LLC appeals a Law Division order dismissing its complaint as time-barred and denying its cross-motion for … Super. 385, 387 n.1 (App. Div. 2000) ("[W]here the relevant facts are not in dispute . . . a statute of limitations … motion under R. 4:6-2(e)."). 3 A-0053-18T4 I. The material facts are not in dispute and are set forth at length in the …
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… as explained in the judge's Statement of Reasons that accompanied his October 4, 2017 order. We affirm because Lipka … for the reasons stated by Judge O'Neill. The material facts taken from the motion record relating to the August 4, … until its sale. The judge stated his supporting findings of fact and conclusions of law in a comprehensive twenty-page …
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… for school tuition for [his] three . . . children." The complaint alleged "mismanagement of and/or self-dealing … that they proposed to subpoena records from New Jersey Manufacturers Insurance Company (NJM), which was Sehwail's … subpoena "will bear directly upon whether [d]efendant, in fact, made a claim 9 A-4327-18T2 specifically for lodging …
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… and ALLSTATE NEW JERSEY PROPERTY & CASUALTY INSURANCE COMPANY, Defendants, and UNITED SERVICES AUTOMOBILE … "show[s] that there is no genuine issue as to any material fact challenged and that the moving party is entitled to a … reasonable expectations." Ibid. (citing Flomerfelt v. Cardiello, 202 N.J. 432, 441 (2010)). "A genuine ambiguity …
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… from his conviction for second- degree conspiracy to commit robbery, N.J.S.A. 2C:5-2(a)(1).1 He primarily … denying the motion, the judge summarized his findings of fact on the record: I think that the warnings were … suppress a defendant's statement, we defer to the judge's factual findings so long as they "are supported by …
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… v. HARRAH'S RESORT ATLANTIC CITY, HARRAH'S OPERATING COMPANY, INC., CAESARS ENTERTAINMENT, and CAESARS … Because the case was dismissed at the pleadings stage, the facts presented to us are limited. There appears no dispute, … of the motion to dismiss, as to these few, key procedural facts. Plaintiff's fall at Harrah's AC happened on June 2, …