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… chemical over time "may be given substantial weight as a factor to be considered in the totality of the … MUST BE SUPPRESSED. POINT II A PRE-McNEELY ANALYSIS COMPELS THAT THE EVIDENCE BE SUPPRESSED. POINT III … upon the municipal court judge's past experience as a factual basis to find the existence of an adequate exigency. …
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… Law Division orders of: May 27, 2015, dismissing his complaint challenging defendant Borough of Closter's … for the reasons stated by Judge Lisa A. Firko in her comprehensive written riders to the May 27 and July 20 … is limited to examining the legal sufficiency of the facts alleged on the face of the complaint." Green v. Morgan …
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… granted furloughs to work, and there were frequent comings and goings from 1 The document was admitted into … there was "no rational basis" for the charge "based on the facts" of the case. She denied the request. 4 A-1535-15T3 In … contrast, related offenses are those that 'share a common factual ground, but not a commonality in statutory elements, …
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… matter, and instead, incorporate herein the procedural and factual history set forth in Farzan v. Farzan, No. A-1363-10 … II), certif. denied, 217 N.J. 292 (2014). The following facts are pertinent to our review. Defendant and plaintiff … a request to terminate child support for J.F. upon her upcoming eighteenth birthday. In a December 2, 2011 order, the …
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… potential defendant with self-interest in objecting is in fact at the door and objects, the co-tenant's permission … was so infused by those principles that simple fairness compels a remand for further development of the record, …
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… offense to five years of probation, conditioned on completion of a 364- day county jail term,2 with a parole … that in sentencing defendant, the judge made findings of fact concerning aggravating and mitigating factors that were based on competent and reasonably credible …
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… P. MARKOWIEC, Appellant, v. NEW JERSEY MOTOR VEHICLE COMMISSION, Respondent. _____________________________ … not prove that I was driving while intoxicated due to the fact that there was no chemical test performed on my blood, … Request/Final Decision," explaining in detail the legal and factual basis for suspending appellant's driving privileges …
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… Derrico, WILBUR CORPORATION, RENEE LONGO, CLAYTON BLOCK COMPANY, RALPH CLAYTON AND SONS, FINAL TOUCH SITE WORK … EAGLE PAVING CORP. t/a SUFFOLK REDI-MIX, FORD MOTOR CREDIT COMPANY d/b/a JAGUAR CREDIT, JOSE MOSQUERA and STATE OF NEW … the motion to vacate the final judgment. I. The material facts are not in dispute. In November 2006, Sovereign loaned …
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… own affirmative claim. We briefly summarize the pertinent facts and procedural history. Defendant Steven Baglivo … $10,000. Baglivo hired another construction manager to complete 3 A-2444-16T1 the work. Baglivo estimated it cost … must give considerable deference to the trial court's factual findings in a non-jury case, and do so here. Rova …
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… by the municipal court. However, "[o]ur review of the factual record is . . . limited to determining whether there … stumbled, with some difficulty, onto the sidewalk. These facts were significant to support a conclusion that … N.J.R.E. 611 follows "almost verbatim," 1991 Supreme Court Committee Comment, Biunno, Weissbard & Zegas, Current N.J. …
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… Plaintiff appeals from a June 22, 2016 order dismissing the complaint and rejecting plaintiff's contention that … certif. granted, 228 N.J. 403 (2016). "We will not disturb factual findings as long as they are supported by adequate, … 415 N.J. Super. at 508 (first alteration in original). The fact that the plaintiff did not "specify[] the 6 A-5127-15T2 …
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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 …
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… plaintiff Bank of New York Mellon's (Mellon) foreclosure complaint; a June 24, 2016 order granting Mellon's motion … A mortgagor opposing summary judgment has a duty to present facts controverting the mortgagee's prima facie case. … the non- moving party, are sufficient to permit a rational factfinder to resolve the alleged disputed issue in favor of …
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… Adult Diagnostic Treatment Center, but found not to be a compulsive sex offender within the purview of the Sex … Judge Wells in his thorough and well-reasoned opinion. The factual findings by Judge Wells are supported by substantial … evidence in the record, and he correctly applied those facts to the law. See State v. Nash, 212 N.J. 518, 540 …
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… 2C:11-3(a)(1); first-degree felony murder, during the commission of a robbery, N.J.S.A. 2C:11-3(a)(3); first- … a second PCR petition on the condition the petition allege facts showing that there was excusable neglect in not filing … there is a reasonable probability that if the defendant's factual assertions were found to be true [,] enforcement of …
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… records defendant submitted in support of his motion were incomplete and insufficient. The judge concluded that … review of a Family Part judge's motion order, we defer to factual findings 'supported by adequate, substantial, … a mistake must have been made because the trial court's factual findings are 'manifestly unsupported by or …
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… 130, 134 (App. Div. 2015) (quoting In re Election Law Enf't Comm'n Advisory Op. No. 01-2008, 201 N.J. 254, 262 (2010)). … N.J. Super. 25, 36 (App. Div. 2007)). We briefly review the facts pertinent to this appeal. In three separate … decision after it was posted in April 2016, he offered no competent evidence that his filing – eight months after he …
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… Judges Messano and Accurso. On appeal from the New Jersey Commissioner of Education. Sciarrillo, Cornell, Merlino, … affirm. The record in this case is very thin, but the few facts we have appear undisputed. The Department granted … failure to make even a preliminary showing that satisfaction of the thorough-and-efficient education requirements …