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… sustain defendant's burden, we affirm. Following a robbery committed with a co-defendant in which the victim was struck … young children that [he] support[ed], that the mitigating factors would be found in [his] favor," and he "would be … all defenses and by failing to argue all mitigating factors at sentencing. After hearing argument by assigned …
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… disconcerting in several respects. J.L. was prevented from completing his testimony about how he spent the money he … food stamps. He paid $150 to his mother. We can find that fact as well. We all agreed on it. She also went off the … noted that she "had several words with Mr. L. who has shown complete disrespect for the [c]ourt. I want the [DFD] to …
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… DOCKET NO. A-1828-16T4 DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for the Registered Holder of Morgan … offer mistakenly used his wife's entire income despite the fact that she is a non-borrower. He contends the first two … resolution offered by the other." Id. at 373. "The main factor 5 A-1828-16T4 affecting the likelihood of achieving a …
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… The seal "shall not be broken except by order of a court of competent jurisdiction[.]" N.J.S.A. 26:8-40.1(c)(1). Because … § 20), courts retained "the power to weigh and balance the competing privacy rights and make a determination based on the facts and circumstances of each individual case." Mills, 148 …
default
… of foreclosure and dismiss plaintiff Ditech Financial LLC's complaint. We affirm. We briefly recite the relevant facts and procedural history. On August 6, 2007, defendant … defendant. On May 24, 2014, plaintiff filed a foreclosure complaint, to which defendant filed a contesting answer.1 …
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… OFFENSE MUST BE DISMISSED. Our review of the trial court's factual findings is limited to whether the conclusions of … 157 N.J. 463, 471 (1999). The rule of deference is more compelling where, such as here, the municipal and Law … should not undertake to alter concurrent findings of facts and credibility determinations made by two lower …
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… court improperly balanced the aggravating and mitigating factors. The Supreme Court denied certification. State v. … argues in a single point: THE LAW DIVISION ERRED ON THE FACTS AND LAW AS THEY WERE PRESENTED TO DEMONSTRATE AN … opinion. R. 2:11-3(e)(2). We add only the following limited comments. In his written opinion, Judge Sules noted that …
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… State's evidence proved beyond a reasonable doubt that I.T. committed the charged act. The hearing officer recommended that I.T.'s sentence be postponed so he could … to allow for a one-year POA. The order of disposition 1 The facts surrounding the theft are not germane to our …
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… APPELLATE DIVISION DOCKET NO. A-0381-15T4 MOHAMED ALI, Complainant-Appellant, v. DON'S BFF, LLC, d/b/a DON'S BURGER … DCR "adopt[ed] and incorporate[d] by reference the ALJ's factual findings and conclusions of law, the award of … omitted), certif. denied, 170 N.J. 85 (2001). An agency's factual findings are binding upon us when supported by …
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… rebate depends upon on the level of the claimant's gross income. See N.J.S.A. 54:4-8.59(a)-(b). Other personal … homestead rebate eligibility depends upon the "age and income" requirements expressed in the taxation statutes). The … argument to retain the rebate amount is based upon the mere fact that he was a record owner of the property at the time …
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… care has precipitated the permanent decline of his income from $150,000 in 2006 to $36,000 in 2014 because it … CIS and tax returns reflecting that he paid himself an income of $37,169 in 2013, made mandatory and discretionary … to modify child support, we examine whether, given the facts, the trial judge abused his or her discretion." J.B. …
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… and failed to object to the prosecutor's improper comments in summation. Because we find that defendant has … well-reasoned oral opinion and add only the following brief comments. If counsel had chosen to present a diminished … theory. Counsel's trial strategy is supported by the facts presented in the record and her trial performance was …
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… the Law Division's September 30, 2015 order dismissing his complaint against defendant, Barbara Epstein, also known as … Mart, supra, 116 N.J. at 746. Rather, we accept the factual allegations as true, Sickles, supra, 379 N.J. Super. … that legal sufficiency requires allegation of all the facts that the cause of action requires." Cornett v. Johnson …
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… him to a thirty-day jail term suspended, conditioned upon compliance with a one-year term of probation, plus fines and … law and the legal consequences that flow from established facts are not entitled to any special deference." State v. … 224, 252 (2007) (quoting Manalapan Realty v. Manalapan Twp. Comm., 140 N.J. 366, 378 (1995). With these standards …
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… which fees were incurred to enforce existing orders or to compel discovery; and (9) any other factor bearing on the fairness of an award. One purpose of … to go unsanctioned." After consideration of the factors set forth in R. 5:3-5(c), defendant was awarded …
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… however the State does not object, nor does the PCR judge comment on the fact that the certification is not signed. We can only …
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… trial court's response to discovery issues should seek to accommodate both interests. See N.J.S.A. 2A:162-15. Hence, we … added a notation as to a current violent offense, and recommended pretrial detention. At the pretrial detention … prior history of failing to appear for court events and the fact that, at the time of this alleged assault, he had a …
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… in support of his application are not based in law or fact. Second, they are untimely. We deem defendant's … THE CHANCERY COURT ERRED AS A MATTER OF LAW BY ALLOWING A COMPLAINT VERIFIED ONLY UNDER THE PLAIN[TIFF'S] ATTORNEY … or allege any good cause recognized in the law, or any factual basis supported by the record as required by …
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… defendants failed to cure, CitiMortgage filed a foreclosure complaint on February 27, 2014. At that time, CitiMortgage … answer did not respond to the allegations in the complaint nor contest the default or the validity of the … plaintiff had standing to foreclose by virtue of the fact that it had both possession of the note and assignment …
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… to the Office of Administrative Law (OAL) to resolve a factual dispute as to the timeliness of the request for the … her request for a fair hearing. We are unable to determine factually whether the CWA or DMAHS had the March 21, 2016 … Such a determination will depend on findings of fact, especially because the parties dispute the …