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… R. 1:36-3. 2 A-3477-22 resentencing pursuant to State v. Comer, 249 N.J. 359 (2022), because he was twenty-four-years … years—should apply to him. Defendant also argues mitigating factor fourteen, N.J.S.A. 2C:44-1(b)(14),1 which became … (App. Div. Aug. 1. 2014); State v. Cross, 220 N.J. 269 (2015). Defendant also filed a pro se petition for …
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… On appeal from the New Jersey Civil Service Commission, Docket No. 2021-1765. Alterman & Associates, … General, attorney for respondent New Jersey Civil Service Commission (Brian D. Ragunan, Deputy Attorney General, on … under the circumstances. We affirm. The essential facts developed before the ALJ are undisputed. Allen was a …
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… charging him with: (1) second- degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1 (count … nature of the sentences was excessive in view of the fact that the crimes and their objectives were not … and fourteen) because the court failed to find aggravating factors justifying a consecutive sentence for count fifteen. …
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… and Anello Fence, LLC appeal from the dismissal of their complaint with prejudice pursuant to Rule 4:23-5(a)(2). We … judgment motion. A different trial judge then extended fact discovery through August 31, 2021. As of February 2021, … the dismissal of their amended complaint, on November 26, 2021, plaintiffs filed a legal malpractice suit against …
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… placed on medical leave. In June 2016, plaintiffs filed a complaint in federal court in the District of New Jersey … engaged in motion practice and plaintiffs amended their complaint several times. During that process, plaintiffs … determined that one of the plaintiffs, Pierce, had alleged facts that allowed her claims to survive summary judgment. …
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… ("the Prosecutor's Office"). We affirm. The following facts are derived from the motion record. On December 12, … second-degree possession 3 A-2481-20 of a firearm while committing a controlled dangerous substance ("CDS") crime, … prosecutor extreme deference.'" Waters, 439 N.J. Super. at 226 (quoting Nwobu, 139 N.J. at 246). A defendant challenging …
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… and Susswein. On appeal from the New Jersey Civil Service Commission, Docket No. 2018-3108. Alterman & Associates, … work and that's [why] I didn't hear it, and due to the fact that I was outside[,] the Bogen Box was only heard … and not credible. As the ALJ's credibility and factual findings are supported by the record, his conclusion …
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… project (Ajax or Ajax Project). We affirm. I. We glean the facts and procedural history from the motion records. On … about right to salvage material from the building before it comes down? Is that a consideration of yours . . . ? … the interest of judicial economy to consider the projects together." On January 25, 2022, the motion judge heard the …
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… Jersey, including ACH, but AHS is not part of any parent company and has no subsidiaries. Mr. Carlson brought suit in … where he resided from mid-2018 until early-2019. On March 26, 2021, after Mr. Carlson's death, plaintiffs—as co- … with the statute of limitations by satisfying the factors outlined in Negron. 156 N.J. at 305. Here, …
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… _________________________ Submitted September 26, 2023 – Decided October 17, 2023 Before Judges Sabatino … of Disposition in appeal A-3019-21. We glean the following facts from the trial record. I. On October 29, 2020, an FRO … any oral written, personal, or other form of contact or communication with [G.M.]; and prohibited from stalking, …
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… Mayer, Enright and Paganelli. On appeal from the New Jersey Commissioner of Education, Docket No. 3-2/21A. Victoria A. … that O'Malley held a doctorate degree. On October 26, 2015, the Superintendent of Schools for the Woodbridge … and (3) whether in applying the legislative policies to the facts, the agency clearly erred in reaching a conclusion …
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… defendants' motion and affirm. I. We discern the following facts and procedural history from the record of this … the default, and plaintiff filed a mortgage foreclosure complaint in September 2015 and an amended complaint in … Inc., 237 N.J. 501, 514 (2019) (quoting Graziano v. Grant, 326 N.J. Super. 328, 342 (App. Div. 1999)). Our courts have …
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… ASSOCIATION, INC., Plaintiff-Respondent, v. RGD HOLDING COMPANY, LLC, RMC MEZZANINE COMPANY, LLC, RMC GTIS DIXON, … dealing; breach of fiduciary duty; violations of the budgetary reporting obligations set forth in N.J.A.C. 5:26-8.7; … court, and we observed the motion record contained no factual basis to make this finding. Id. at 14-15. 6 …
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… to police made following his arrest. We briefly discuss the facts from the motion record necessary to place our opinion … and she replied, "I don't know, I'm just helping drive." A computer check on Stout's driver's license informed Trooper … judicial function by a law clerk, including the issuance of factual findings or conclusions of law. Any motion must be …
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… judge (ALJ) issued an initial written decision accepting as fact Duck's testimony, which we now summarize. 3 A-0219-21 … Board's conclusion because Duck's shoulder injury "was a common outcome in ordinary experience after unsuccessfully trying to …
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… months, which resulted in a reduction of her salary and concomitant monthly retirement allowance. In addition, because … the procedural history, found no genuine issue of material fact, and denied her requests for an administrative hearing … Bd. of Trs., Pub. Emps.' Ret. Sys., 193 N.J. Super. 223, 226-27 (App. Div. 1984). 10 A-0344-23 We are persuaded …
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… vacate." On the trial date, defendant moved to dismiss the complaint, arguing that 3 A-0342-23 plaintiff failed to … an email purportedly sent by plaintiff's counsel on January 26, 2023, representing that plaintiff intended to demolish … of the warrant of removal pending appeal. In assessing the factors propounded by Crowe v. De Gioia, 90 N.J. 126, 132-33 …
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… after an evidentiary hearing. We affirm. I. The detailed facts in this case were previously set forth in our opinion … with no other conclusion but that the homicide was still committed by defendant. Even if he was 2 Although the … the court must not focus on the defendant's dissatisfaction with "counsel's exercise of judgment during the …
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… legal principles, we affirm. We discern the following facts and procedural history from the record, which includes … 2010, at around 10:30 p.m., defendant and his co-defendant committed armed robberies involving different victims in two … on April 12, 2016. In State v. Torres. 246 N.J. 246, 268 (2021), our Supreme Court held that "[a]n explicit …
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… from the trial court's April 3, 2017 order dismissing his complaint with prejudice after the parties appeared for … and are deemed waived. See Zaman v. Felton, 219 N.J. 199, 226-27 (2014) (stating we "will decline to consider questions … in merits brief deemed abandoned). 3 A-3723-16T4 The facts gleaned from the record are summarized as follows. …