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… Lai appeals in A-5633-14 from orders dismissing her complaint against defendants Borough of Metuchen, the … op. at 12). Specifically, O'Connor advised plaintiff her factual allegations were incorrect and that plaintiff had … cause of action against the lawyers suggested by the facts pled. On September 11, 2015, O'Connor filed a motion …
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… open the door." Sarkos banged on the door and heard a commotion from inside the room and the sound of running … COURT IMPROPERLY BALANCED THE AGGRAVATING AND MITIGATING FACTORS. II. We turn first to defendant's contention that … is raising a legal issue based on essentially undisputed facts. We therefore elect to address defendant's argument. …
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… in a twenty-four-count indictment with multiple offenses committed against five women during five separate incidents … At sentencing, the judge found the following aggravating factors: one, the nature and circumstances of the act and … law, N.J.S.A. 2C:44-1(a)(9). The judge found no mitigating factors. The judge found aggravating factor one because: …
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… Avalon Princeton LLC's, plan to build a 280-unit rental community, including fifty-six affordable rental units, in … is proper where there is no genuine issue of material fact when the evidence is viewed in the light most favorable … N.J. 520, 529 (1995) and R. 4:46-2 (c)). "When no issue of fact exists, and only a question of law remains," an …
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… corrective conference, and restoring the three days of lost compensation, finding Newark had not carried its burden of … employee's work performance and/or conduct up to a satisfactory level. The steps of the progressive discipline shall … Law Dictionary 802 (7th ed. 1999); or an "act of disobedience to proper authority," ibid. See also N.J.A.C. …
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… his answer and affirmative defenses to the third-party complaint pursuant to Rule 4:23-2(b), and a February 5, 2016 … or rendering a judgment by default against the disobedient party" who "fails to obey an order to provide or … his claim. See R. 1:6-6 (requiring that motions based on facts not appearing of record must be supported by …
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… DIVISION DOCKET NO. A-5233-16T5 IN THE MATTER OF THE CIVIL COMMITMENT OF R.E.B., SVP-367-04. … information, including the Static-99, is 'simply a factor to consider, weigh, or even reject, when engaging in the necessary factfinding under the SVPA.'" Ibid. (quoting In re …
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… State was granted leave to appeal an interlocutory order compelling it to produce in discovery an unredacted version … to the dissemination of information. We summarize the facts alleged in the parties' briefs, since no sworn … if it has "a tendency in reason to prove or disprove any fact of consequence to the determination of the action." …
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… in the context of this case, we affirm. The essential facts are easily summarized. Yolanda Albanes borrowed … a twenty-five-year mortgage given by both defendants on a commercial mixed-use property in Elizabeth. The building … in such circumstances with fashioning "equitable remedies that address the unique setting of each case." Ibid. …
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… near the scene. DNA recovered from the jacket and cap was compared to a DNA sample obtained from defendant. The … cases is the isolated nature of the transgression and the fact that a correct definition of the law on the same charge … of an erroneous weighing of the aggravating and mitigating factors under N.J.S.A. 2C:44-1. More particularly, he argues …
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… took steps to dedicate Harbor Cove Drive to the City. To accomplish the dedication of Harbor Cove Drive, the … law and the legal consequences that flow from established facts are not entitled to any special deference." Estate of … and so advised residents of Harbor Cove Village in satisfaction of the MLUL's notice requirements. We next consider …
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… the interior of the car.1 Because the officers did not completely search the interior of defendant's car before … driving following a traffic stop. We derive the following facts from the testimony presented at the suppression … Failed to Articulate Its Reasons For Finding Aggravating Factors Three and Nine[.] B. The Court Sentenced [Defendant] …
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… 1 N.J.S.A. 2C:43-7.2 is the No Early Release Act, commonly referred to as NERA. 3 A-4289-19 four-year prison … II THE COURT'S IMPROPER FAILURES TO ADDRESS MITIGATING FACTORS AND CONDUCT A YARBOUGH[3] ANALYSIS RENDER … the law permitted him to search the car based on his olfactory perception of marijuana. Noting "it wasn't a strong …
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… for the State's dismissal of the misconduct charge and recommendation of probation. 4 A-5551-18T1 transport persons … The judge then reviewed the aggravating and mitigating factors. He found aggravating factor one, the need to deter future violations of the law, …
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… November 12, 2020 2 A-1039-19T1 This appeal arises out of a commercial dispute concerning the development of software … and omissions of BBQ USA. 3 A-1039-19T1 I. We discern the facts from the record developed on the three motions, which … any, show that there is no genuine issue as to any material fact challenged and that the moving party is entitled to a …
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… from an August 12, 2019 Law Division order dismissing their complaint in lieu of prerogative writs, which challenged the … and practice, failing to articulate specific findings of fact which supported its decision as required by the Code, … concluded that the Board adhered to the Code as written. In fact, as the judge properly noted, if the Board accepted …
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… the State dismissed the indictment and issued a summons-complaint charging defendant with simple assault, N.J.S.A. … decision, the municipal court judge applied the forfeiture factors outlined by the Supreme Court in Flagg v. Essex … court. However, the Law Division judge reexamined the Flagg factors and concluded "that an overwhelming majority of …
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… his sentence in the third-degree range violates the ex post facto clauses of the United States and New Jersey … I. In 2003, Cicalese became subject to Megan's Law and community supervision for life as part of his sentence for … law-enforcement agency 1 The record does not disclose the facts of the parole violation and the reasons for his …
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… and a .357 Magnum Herman Weihrauch revolver, during the commission of a drug offense, N.J.S.A. 2C:39-4.1(a) and … remaining counts were merged. The court found aggravating factors three, six and nine and mitigating factor eleven that imprisonment of the defendant would …
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… hole in the ceiling. Believing defendant crawled through a common attic space, police entered a neighboring apartment. … of the exigent circumstances exception "demands a fact-sensitive, objective analysis." Id. at 292 (quoting State v. Deluca, 168 N.J. 626, 632 (2001)). [S]ome factors to be considered in determining whether law …