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- njcourts.gov… No. A-5762-03 (App. Div. Dec. 17, 2004). Following the completion of his prison sentence, defendant was civilly … found that all of defendant's remaining arguments lacked a factual basis, or were based on unsupported contentions, … State v. Pierre, 223 N.J. 560, 576 (2015). Accordingly, the factual findings made by a PCR court following an …
- njcourts.gov… of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition No. 2014-10452. Kathleen A. … Linquist v. Jersey City Fire Dep't, 175 N.J. 244, 262 (2003) (quoting Close v. Kordulak Bros., 44 N.J. 589, 599 (1965)). We may not substitute our own fact- findings for those made by the compensation judge. …
- njcourts.gov… of review requires deference to an agency's findings of fact, credibility determinations and expertise, we affirm. … who conducted the first day of the hearing, a second judge completed the hearing and rendered a decision. 4 A-2854-17T1 … come to the same conclusion . . . but rather whether the factfinder could reasonably so conclude upon the proofs." …
- njcourts.gov… after his death, his wife, Saundra Gordon, filed a verified complaint seeking to be NOT FOR PUBLICATION WITHOUT THE … which the court later reduced to $34,200 in an April 26, 2017 order. David challenges the April 26, 2017 order as … 31, 2017 and April 26, 2017 transcripts, which detail the factual bases for the April 26, 2017 order under review. 6 …
- BONNIE IMPOSIMATO VS. BIAGIO IMPOSIMATO (FM-13-0397-04, MONMOUTH COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… forced to close his business and then retire. Applying the factors under N.J.S.A. 2A:34- 23(j)(3) to factual findings … DMCC Services, Inc., that had contracted with two large companies to unload their trucks at 3 A-1184-17T1 … N.J. Div. of Youth & Family Servs. v. M.M., 189 N.J. 261, 279 (2007) (citing In re Guardianship of J.T., 269 N.J. …
- CHRISTOPHER LYNCH VS. BOARD OF TRUSTEES (POLICE AND FIREMEN'S RETIREMENT SYSTEM) - Unpublished Opinionsnjcourts.gov… employer prohibited his return to work. We affirm. I. We commence our review with a discussion of the governing legal … of a public employee's pension is governed by the factors enumerated by our Supreme Court in Uricoli v. Police … public service. See N.J.S.A. 43:1-3(b). Those incidents, together, dispel Lynch's argument that he "acted impulsively …
- njcourts.gov… in September and October, 1991, at the Hensyn Village complex in Mount Olive Township. Defendant and his alleged … should evaluate the first and third prongs of the test together. Id. at 189. Under prong two of the Carter test, "the … jury's verdict if a new trial were granted." Id. at 187. In fact, the evidence is stronger than the initial trial …
- njcourts.gov… appellant guilty of prohibited acts *.803, "attempting to commit, aiding another person to commit or making plans to … should follow relating to high risk placement, as well as "factors to be considered" in designating an inmate as high … the parties' arguments the existence of the policy and the fact that 8 A-4889-17T1 the HRIDC applies the operating …
- GERI BENEDETTO VS. ANTHONY J. TOSTI (FM-03-0432-12, BURLINGTON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… in the cost of living, increases or decreases in their income and Social Security, the possible loss of or inability … these provisions in full and final settlement and satisfaction of all claims and demands one may have against the … the November order. I. "'[W]e generally defer to the factual findings of the trial court because it has the …
- njcourts.gov… provide information and documents regarding his spouse's income. See 3 A-3559-17T4 N.J.A.C. 10:71-5.5(a) (including the … and (3) whether in applying the legislative policies to the facts, the agency clearly erred in reaching a conclusion … of Med. Assistance & Health Servs., 434 N.J. Super. 250, 261 (App. Div. 2014) (quoting I.L. v. N.J. Dep't of Human …
- STATE OF NEW JERSEY VS. NERI R. SANCHEZ (15-06-0684, CUMBERLAND COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… on a table was introduced into evidence at trial without comment by the prosecution. As part of their investigation, … in original) (quoting State v. Bankston, 63 N.J. 263, 273 (1973)). Our Supreme Court has explained that to … violated; (2) the finding of aggravating and mitigating factors were not 'based upon competent and credible evidence …
- CYNTHIA ALLEN VS. SYLVESTER ALLEN (FM-04-1352-10, CAMDEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… agreed to pay plaintiff term alimony of $160 per week commencing one week after the sale of the marital residence … of Am., 65 N.J. 474, 484 (1974)). We will not disturb the factual findings and legal conclusions unless 7 A-3303-17T1 … with this opinion. We do not retain jurisdiction. 3 26 U.S.C. §§ 71, 215 repealed by Tax Cuts and Jobs Act of …
- njcourts.gov… immigration status. He contends that that violation was "compounded" when the trial court applied the same ruling to … is established by proof of the same or less than all the facts required to establish the commission of the offense charged; or (2) [i]t consists of …
- njcourts.gov… the petition that was not ruled upon below. The underlying facts and procedural history are detailed in our unpublished … in question, but claimed he left the premises with a female companion before the shooting and went to another club in … in alleged violation of State v. Artwell, 177 N.J. 526 (2003). Defendant contends his counsel on direct appeal …
- njcourts.gov… INSURANCE UNDERWRITERS, INC., d/b/a TRAVELERS INSURANCE COMPANY, Defendant-Appellant, and NYSA-ILA WELFARE FUND, … Because the party at fault was underinsured, Serio filed a complaint seeking to recover the resultant medical expenses … law and the legal consequences that flow from established facts are not entitled to any special deference." Manalapan …
- njcourts.gov… any witnesses or evidence. Judge Velazquez made detailed factual findings, addressed each element of the best … schizoaffective disorder, bipolar type, and her refusal to comply with recommendations for treatment and prescriptions … v. F.M., 211 N.J. 420, 448 (2012)). "We accord deference to factfindings of the family court because it has the superior …
- njcourts.gov… 2008, plaintiff has relied on: Social Security Disability income that left her with $824 in disposable monthly income … alimony, as the court did not expressly review the alimony factors under N.J.S.A. 2A:34-23(b), including -23(b)(10), … reason justifying relief. It is an unfortunate fact that many litigants are unwilling to obtain, or unable …
- STATE OF NEW JERSEY VS. LASHAUN SMITH (17-12-2481, ATLANTIC COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… to defendant. The Law Division judge issued a thorough, comprehensive, and cogent opinion denying defendant's … defendant on February 22, 2019, the court found aggravating factors three, six, and nine, N.J.S.A. 2C:44-1(a)(3), (6), … be suppressed at trial. State v. Hartley, 103 N.J. 252, 262 (1986). New Jersey's application of Miranda stems from …
- STATE OF NEW JERSEY VS. BERNARD E. GREEN (14-02-0153, CAPE MAY COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… According to Callahan, Turner was a friend of hers who had come to her home the evening of November 19 with a woman … charging him with murder and other offenses. On November 26, defendant surrendered himself at the Cape May County … engaged in substantive discussion with him about the facts of the case after he had already received Miranda …
- njcourts.gov… of New Jersey, Law Division, Hudson County, Docket No. L-2267-18. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE … PER CURIAM On leave granted, we consider whether plaintiffs complied with the requirements of the fictitious pleading … law and the legal consequences that flow from established facts are not entitled to any special deference." Manalapan …