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… insurance information, and he stood there laughing like Eddie Haskell, like I never saw anything like it before in my life." Defendant asked that a police supervisor come to the scene, and defendant later went to the police … should not undertake to alter concurrent findings of facts and credibility determinations made by two lower …
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… we dismiss this appeal. The procedural history and facts of this matter are fully set forth in the opinion we … Law Judge (ALJ) issued an Initial Decision, recommending that the transfer penalty be upheld. Id. at 6-7. … first appeal, M.C. had not exhausted her administrative remedies. 5 M.C. alleges that prior to filing this appeal, she …
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… Plaintiff-Respondent, v. LIBERTY MUTUAL FIRE INSURANCE COMPANY, Defendant-Appellant. ___________________________ … or intentionally or mistakenly ignores the material facts of a case. New Jersey Div. of Youth & Family Servs. v. … shows that notwithstanding the motion judge's unsupported factual findings, defense counsel's January 17, 2017 motion …
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… application for leave to appeal. We now reverse. The factual background can be briefly explained. Plaintiff was … be granted where there is no genuine issue of material fact, viewing the evidence in the light most favorable to … Hillsdale, 183 N.J. 149, 153 (2005), the plaintiff sought compensation because of alleged common law false arrest and …
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… indictment with third-degree possession of an electronic communication device while he was an inmate in the county … defendant must allege and articulate 6 A-5217-16T4 specific facts that "provide the court with an adequate basis on … conducts an evidentiary hearing, we must uphold the judge's factual findings, "so long as those findings are supported …
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… his window, police officers detected the odor of marijuana coming from his vehicle. When questioned about the odor, … on March 30, 2015. He analyzed each of the seventeen factors listed in N.J.S.A. 2C:43- 12(e), determining a number of the factors were favorable to defendant and others weighed in …
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… on the brief). PER CURIAM Plaintiff Jimmie Gore filed a complaint in the Law Division in October 2011, seeking … 4:50-1 because he was "misinformed and unaware of the true facts" and relied on "misleading inducements" by his … R. 2:11-3(e)(1)(E). We add only the following limited comments. Under Rule 4:50—1, the trial court may relieve a …
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… child support. We disagree and affirm because the court's factual findings were supported by substantial credible evidence and the court correctly applied those facts to the well-established law governing equitable … and equitable distribution. After averaging the parties' incomes from the six years preceding the divorce action, the …
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… in a parked car in Hamilton Township. Pettaway and his companions forcefully removed the victims from their car, … 62 N.J. 348, 359 (1973)). We will not disturb the Board's factual findings if they are supported by substantial … 2017). "[W]e accord substantial deference to the agency's fact-finding and legal conclusions, acknowledging 'the …
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… reasons that follow, we affirm. I We discern the following facts from the record. On January 13, 2016, A.D.'s … would result 1 A representative of Future Care Consultants completed A.D.'s Medicaid application. The Board addressed … authorized representative was experiencing difficulty complying, a thirty-one day extension was granted . . . . …
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… and Sumners. On appeal from the Division of Workers' Compensation, Claim Petition No. 1999-12455. Alan T. … medical necessity. Also undercutting such a finding is the fact that petitioner never sought psychiatric treatment from … applicable legal principles, we "conclude that all of the[] factual determinations made by the workers' compensation …
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… On appeal from the New Jersey Public Employment Relations Commission, P.E.R.C. No. 2018-15. Andrea E. Wyatt argued the … twenty-five hours per week. The Union does not dispute that fact. The Union filed a grievance with the Borough on behalf … the arbitrator. The Borough responds by arguing there is no factual dispute over whether the employees are non-unit …
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… 1:36-3. May 2, 2018 2 A-3898-16T1 We discern the following facts from the bench trial. In April 2016, plaintiff and defendant executed a lease agreement for the use of a commercial space effective May 1, 2016, and terminating … made by the trial court is de novo, we do not disturb the factual findings of the trial court unless we are "convinced …
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… denying its cross-motion for leave to file a second amended complaint; and E & V and Aliyu Abubakar appeal from an order … the orders. E & V, a construction contractor, filed this complaint against Church, Inc., Deeper Life Bible Church … Abubakar. The sequence of the pleadings corroborates this fact: E & V listed itself as a plaintiff in the complaint, E …
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… 2C:35-10(a)(1), with the State agreeing in turn to recommend a probationary sentence. At defendant's plea hearing … defendant has shown no excusable neglect for her delay. In fact, defendant encountered difficulty getting an … 154-62 (2009). Given the police observations and the other factual circumstances noted in the record, defendant fails …
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… affirm. Absent an evidentiary hearing, our review of the factual inferences drawn by the PCR court from the record is … of conviction that is being challenged unless it alleges facts showing that the delay beyond said time was due to … a "probability sufficient to undermine confidence in the outcome" of the proceeding. Strickland, 466 U.S. at 694; Fritz, …
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… 43:21-5(b). For the reasons that follow, we affirm. The facts derived from the record are summarized as follows. … March 9, 2016. Pep Boys terminated her for violating its company policy against workplace violence based upon Hilt's … to stop and get back in the store in accordance with the company's policy that store personnel should not pursue …
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… guilty. Prior to this representation, defendant had filed a complaint against his defense counsel with the District VIII Ethics Committee, and counsel had unsuccessfully sought to be … 459 (citations omitted). "To sustain that burden, specific facts" that "provide the court with an adequate basis on …
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… In exchange for defendant's guilty plea, the State recommended a sentence of probation and imposition of a fine. … PETITIONER'S CLAIM OF INNOCENCE IS SUPPORTED BY PLAUSIBLE FACTS AND THE DECEMBER 3, 1993 PLEA HEARING TRANSCRIPT[.] C. THE DEFECTIVE FACTUAL BASIS ELICITED FROM PETITIONER AT HIS PLEA …
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… be favorable to defendant and his appearance could not be compelled as a material witness anyway. 5 A-0421-16T3 The … State v. Sharpless, 314 N.J. Super. 440 (App. Div. 1998), compelled or offered any basis for the charge to be given. … of the gun does not diminish the significance of the fact that, unlike in Sharpless, this defendant's act of …