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njcourts.gov
… imprisonment and parole ineligibility for persons who committed certain offenses with a firearm. The term now … the court, after finding the aggravating and mitigating factors were in equipoise, recognized that the plea called … 137, 147 (App. Div. 1991)). The judicial discretion embodied in examination of a prosecutor 's Section 6.2 waiver …
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njcourts.gov
… November 8, 2024 Law Division order denying their motion to compel arbitration of plaintiff Agnieszka Drupka's … (2) erred 11 A-0978-24 in failing to make sufficient factual findings "concerning the enforceability of the … 219 N.J. 430, 446 (2014)). 12 A-0978-24 A trial court's factual findings are reviewed for an abuse of discretion. …
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njcourts.gov
… for A.S., Petitioner, v. ANGELICA ALLEN-MCMILLAN, ACTING COMMISSIONER OF THE NEW JERSEY DEPARTMENT OF EDUCATION, NEW … 58 (App. Div. 2023). I. As background, we recount relevant facts concerning the District from Judge Mary Whipple's … understand the need to continue the search for remedies which will restore public school children's opportunity …
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njcourts.gov
… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1553-22 B.C., Complainant-Appellant, v. ROBERT WOOD JOHNSON BARNABAS … on that investigation, the Division made the following factual conclusions, which are supported by credible … "(3) whether in applying the legislative policies to the facts, the agency clearly erred in reaching a conclusion …
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njcourts.gov
… Dara eventually agreed to return home, the crisis worker recommended Dara undergo a psychiatric evaluation, but Anna … based on consideration of the aggravating and mitigating factors listed in N.J.A.C. 3A:10-7.5. 2. An allegation shall … 16 A-0095-24 uncorroborated, shall be sufficient to make a fact finding of abuse or neglect."); see also N.J. Div. of …
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njcourts.gov
… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2061-22 EDDIE HILL, Plaintiff-Appellant, v. STATE OPERATED SCHOOL … 4, 2022, order denying plaintiff's motion to reinstate his complaint by vacating a March 11, 2019, order of dismissal. … requirement under Rule 4:50-1(f). In addition to the fact that that standard was not even argued in the papers by …
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njcourts.gov
… order of the Law Division dismissing with prejudice its complaint in lieu of prerogative writs challenging defendant … including that Readington was maintaining an illegal de facto moratorium on development by refusing to recapture … did not develop their properties constituted an illegal de facto moratorium on development. The court issued a writ of …
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njcourts.gov
… in 2010 and ending in 2023, and shared one child in common. They lived together until July 25, 2023, when … predicate act of contempt, N.J.S.A. 2C:29-9. The following facts were derived from the three-day hearing in late 2023 … terroristic threat] are whether: (1) the defendant in fact threatened the plaintiff; (2) the defendant intended to …
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njcourts.gov
… on credible evidence in the record of their repeated non-compliance in providing discovery and was not an abuse of … by November 20, 2023, and depositions of existing parties' fact witnesses to be conducted by December 1, 2023. … that thwarts persistent efforts to obtain the necessary facts." Abtrax Pharms. v. Elkins-Sin, 139 N.J. 499, 517 …
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njcourts.gov
… defendant Equinox Holdings, Inc.'s ("Equinox") motion to compel arbitration for all claims raised in her complaint, … arbitration. 3 A-0079-24 I. We glean the following facts from the limited record before us. In September 2023, … [unfair competition law ("UCL")], the [Consumers Legal Remedies Act ("CLRA")], and the false advertising law is relief …
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njcourts.gov
… disability retirement benefits. We affirm. We recite the facts from the testimony adduced at the hearings before an … went to the emergency room at a different hospital and complained of pain in her right shoulder. The hospital took … and (3) whether in applying the law to 14 A-2606-21 the facts, the agency reached a conclusion "that could not …
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njcourts.gov
… because the newly constructed dock extension did not comply completely with the permit specifications and was 1.7 … the agency's expertise, where such expertise is a relevant factor." In re Petition of S. Jersey Gas Co., 447 N.J. … Div. 2008). "Where the determination of the operational facts is committed to the expert discretion of the …
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njcourts.gov
… We first discuss the series of orders on the parties' competing motions regarding emancipation, child support, … 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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njcourts.gov
… of a controlled dangerous substance, lysergic acid diethylamide (LSD), N.J.S.A. 2C:35-5(a)(1)(b)(6); one count … Our prior opinion contains an extensive recitation of the facts and procedural history, which we summarize here for … denied defendant's petition and supported its decision in a comprehensive written opinion. The court concluded defendant …
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njcourts.gov
… DOCKET NO. A-0295-24 NEWPORT ASSOCIATES DEVELOPMENT COMPANY and NEWPORT ASSOCIATES PHASE I DEVELOPERS LIMITED … conclude ASIC waived any right to arbitration based on the factors delineated by our Supreme Court in Cole v. Jersey … several feet under the riverbed and insulated with dielectric fluid––a refined petroleum product. In November …
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njcourts.gov
… robbery, N.J.S.A. 2C:15-1(a)(2) (count one); first-degree accomplice liability, N.J.S.A. 2C:2-6(c)(1)(b) (count two); … He agreed defendant's immigration status was an important factor in defending him but could not recall the issue of … hearing on a PCR petition, we defer to the "court's factual findings based on its review of live witness …
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njcourts.gov
… and "in applying . . . legislative policies to the facts, the agency clearly erred in reaching a conclusion … not reasonably have been made on a showing of the relevant factors." Ibid. (quoting In re Carter, 191 N.J. 474, 482-83 … 323-24 (2011)). These may "includ[e] legislative history, committee reports, and contemporaneous construction." …
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njcourts.gov
… of orders: a February 14, 2020 order dismissing their complaint against respondent Manny Gonzalez without … and the front desk staff, and discussed female patient's bodies. She concedes she did not report any sexual harassment … 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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njcourts.gov
… of the administration of law. He contends the trial court committed several evidentiary errors that independently and … a portion of the trial, we need only briefly summarize the facts elicited at trial. The police executed a residential … THAN NECESSARY; AND THE COURT DID NOT MAKE SUFFICIENT FACTUAL FINDINGS TO SUPPORT CLOSURE. 1. THE VAGUE AND …
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njcourts.gov
… legal principles, we affirm. I. We derive the following facts from our reported decision on defendant's direct … She saw another man; both of their faces were covered by hoodies. Cardenas was punched in the face again and pushed down … jury trial, defendant was convicted of conspiracy to commit robbery, N.J.S.A. 2C:5-2 and 2C:15-1, and …