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… NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS TAX COURT OF NEW JERSEY KATHI F. … 2020 Thomas S. Dolan, Esq. Murphy Schiller & Wilkes, LLP 24 Commerce Street, 12th Floor Newark, New Jersey 07102 … below the court denies defendant’s motion. I. Statement of Facts and Procedural History Plaintiff filed an appeal of …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE TAX COURT COMMITTEE OF OPINIONS TAX COURT OF NEW JERSEY Olde Historic … General Division of Taxation Richard J. Hughes Justice Complex 25 Market Street P.O. Box 106 Trenton, New Jersey … is granted. * 2 I. Procedural History and Findings of Fact On May 18, 2018, the Division of Taxation (the …
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… injury, DeVan's salary was $64,556. DeVan received workers' compensation benefits from August 2015 until January 28, … and (3) whether in applying the legislative polices to the facts, the agency clearly erred in reaching a conclusion … not reasonably have been made on a showing of the relevant factors. [In re Stallworth, 208 N.J. 182, 194 (2011) …
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… 2 A-2781-14T2 sex offender as required by N.J.S.A. 2C:7-2e, commonly known as "Megan's Law." Thereafter, defendant moved … ESTABLISHING THAT THE TRIAL COURT IMPROPERLY APPLIED A DE FACTO STRICT LIABILITY STANDARD IN THIS MATTER. We reject … court, we afford substantial deference to the trial judge's factual findings made while sitting as the trier of fact in …
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… her appeal as untimely. We affirm. We discern the following facts from the record. Appellant filed a claim for unemployment compensation benefits on June 14, 2020 based on work she … appellant argued that she did not have a contract for any upcoming school years because Maple Shade disbanded its …
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… in 2017. Their dual judgment of divorce incorporated a comprehensive marital settlement agreement (MSA) that … and we will not overturn the Family Part's findings of fact when they are "supported by adequate, substantial, … A reviewing court will also not disturb the Family Part's factual findings and legal conclusions that flow from them …
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… POINT III AS THERE IS A GENUINE DISPUTE AS TO A MATERIAL FACT, AN EVIDENTIARY HEARING IS REQUIRED, BECAUSE DEFENDANT … . . to cases on collateral review"; (B) a newly discovered factual predicate, which could not have been earlier … has explained, "a defendant does not have the right to commit perjury in giving a factual basis for a crime that he …
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… County Prosecutor, attorney for respondent (Patrick F. Galdieri, II, Assistant Prosecutor, of counsel and on the … In his PCR, defendant claimed his plea had an insufficient factual basis, and was not knowing, voluntary and … RELIEF SHOULD HAVE BEEN GRANTED, AS HE DID NOT PROVIDE A COMPLETE FCTUAL BASIS FOR THE CHARGED OFFENSE, NOR WAS HIS …
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… agreed to plead guilty to DWI. Defendant gave the court a factual basis for his plea and confirmed the plea was … argued that his plea was not supported by an adequate factual basis because he did not acknowledge that the … by a sufficient factual basis and, therefore, it fully complied with the requirements of Rule 7:6-2(a)(1). On …
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… a PCR court should consider ''the apparent merits and complexity of the issues raised, . . . whether argument of … v. Mayron, 344 N.J. Super. 382, 387 (App. Div. 2001). These factors should be assessed through a "generous lens" with … see ibid., because "there are material issues of disputed fact that cannot be resolved by reference to the existing …
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… use in other cases is limited. R. 1:36-3. 2 A-2975-21 The facts leading to defendant's conviction for robbery and … forth in Rule 3:22. Second or subsequent PCR petitions must comply with the requirements of Rules 3:22-4(b) and … filed more than one year after . . . the date on which the factual predicate for the relief sought was discovered, if …
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… relief (PCR), motion for new trial, and motion to compel discovery. We affirm. We incorporate the facts from our affirmance of defendant's conviction for … pending, he filed a motion for a new trial and a motion to compel discovery. The PCR judge denied defendant's third PCR …
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… DIVISION DOCKET NO. A-0908-23 DEUTSCHE BANK NATIONAL TRUST COMPANY, as TRUSTEE for FIRST FRANKLIN MORTGAGE LOAN TRUST … and prevailing law, we affirm. I. We derive the following facts from the record. In 2006, defendant executed a note … motion until 2023. Thus, defendant has not presented any factual predicate to establish the delay in filing the …
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… apartment was required for the New Jersey Department of Community Affairs (DCA) to recertify plaintiff as an … reiterated "arguments advanced at trial without additional factual or legal support." The judge expressly incorporated … arguments on reconsideration failed to present new facts or evidence not previously considered and rejected by …
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… extend the judgment against the defendant limited liability company to the co-defendant principal of that company. For … remand this matter for further proceedings. We glean these facts from the record developed at a proof hearing. … permitted on remand to address the pertinent veil-piercing factors, including, among other things, whether the LLC was …
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… Padovani & Capotorto, attorneys for appellant (Elizabeth A. Dietz, on the briefs). William A. Daniel, Union County … challenge on procedural grounds, we do not recount the facts of the underlying conviction. 3 A-2932-22 the appeal … accurately determining that the time to file the appeal commenced on August 24, 2022, he inaccurately found that the …
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… to his conviction and that it could affect his ability to become a citizen in the future should he so desire. Counsel … as prescribed by Rule 3:22-12(a)(1)(A), he failed to assert facts indicating the delay was due to excusable neglect. … Jacobs in his cogent decision. We add the following brief comments. A late filing after the five-year time limitation …
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… agreement arising out of a dispute over rent due under a commercial lease. NOT FOR PUBLICATION WITHOUT THE APPROVAL … Jet Star's former tenant. After Fresh Food terminated the commercial lease before its term's end, the parties disputed … were made and received and accepted by [Jet Star]. In fact, it is undisputed that the last payment made on May 5, …
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… work. We affirm. Appellant was a foreman for a construction company for nearly six years. On July 11, 2016, he left the … 152 N.J. 197, 210 (1997). "If the Board's 4 A-3318-16T3 factual findings are supported 'by sufficient credible … his ability to fully express his thoughts regarding the facts of the case." Appellant's reliance on Alicea is …
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… of first- degree aggravated sexual assault during the commission of a crime, N.J.S.A. 2C:14-2(a)(3); three counts … whether defendant's extreme intoxication was a mitigating factor during sentencing. The trial court denied defendant's … thorough qualitative analysis of aggravating and mitigating factors conducted by the sentencing court. Third, the …