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- A-2586-17T1 Opinionnjcourts.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 …
- A-1152-18T1 Opinionnjcourts.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 …
- A-0863-18T2 Opinionnjcourts.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 …
- A-4187-17T3 Opinionnjcourts.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 The underlying facts and procedural history are detailed in our unpublished … in question, but claimed he left the premises with a female companion before the shooting and went to another club in … in alleged violation of State v.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 …
- A-4469-16T3 Opinionnjcourts.gov… after his death, his wife, Saundra Gordon, filed a verified complaint seeking to be NOT FOR PUBLICATION WITHOUT THE … which the court later reduced to $34,200 in an April 26, 2017 order.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 …
- A-1184-17T1 Opinionnjcourts.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. …
- A-2854-17T1 Opinionnjcourts.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." …
- A-2745-18T3 Opinionnjcourts.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 …
- ESX-LT-34082-18 Opinionnjcourts.gov… 1 NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY ESSEX … 143 (1970); Fargo Realty, Inc. v. Harris, 173 N.J. Super. 262, 265-66 (App. Div. 1980). See also Vineland Shopping … alternate outcomes that might have resulted under different facts. The tenants, in this case, are already paying the …
- LT-034082-18 Opinionnjcourts.gov… 1 NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY ESSEX … 143 (1970); Fargo Realty, Inc. v. Harris, 173 N.J. Super. 262, 265-66 (App. Div. 1980). See also Vineland Shopping … alternate outcomes that might have resulted under different facts. The tenants, in this case, are already paying the …
- 010886-2020 Opinionnjcourts.gov… NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS TAX COURT OF NEW JERSEY KATHI F. … of the County Board is affirmed. I. Procedural History and Factual Findings The court makes the following findings of … of 12 (sheriff sale) and Comparable 3 had an NU code of 26 (boarded up – not habitable). Plaintiff conceded that …
- A-1743-14T5 Opinionnjcourts.gov… DIVISION DOCKET NO. A-1743-14T5 IN THE MATTER OF THE CIVIL COMMITMENT OF J.C., SVP-678-13. … facility for control, care and treatment." N.J.S.A. 30:4-27.26. As defined by the statute, a mental abnormality consists … defendant's offer to submit to deportation as a mitigating factor in sentencing because the proffer had no legal effect …
- A-4002-15T3 Opinionnjcourts.gov… to operate or his operation of the Alcotest and in fact stipulated Katz is a certified Alcotest operator. … guilty plea, have insufficient merit to warrant extended comment. R. 2:11-3(e)(2). 10 A-4002-15T3 "Generally, a … and citing and quoting Tollett v. Henderson, 411 U.S. 258, 267, 93 S. Ct. 1602, 1608, 36 L. Ed. 2d 235, 243 (1973)). We …
- A-0438-15T1 Opinionnjcourts.gov… of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition No. 2013-1691. Christopher M. … In a workers' compensation case, we must defer to the factual findings and legal conclusions of the judge of … Lindquist v. City of Jersey City Fire Dep't, 175 N.J. 244, 262 (2003) (quoting Close v. Kordulak Bros., 44 N.J. 589, …
- A-5294-14T1 Opinionnjcourts.gov… from a June 12, 2015 Law Division order dismissing his complaint with prejudice for failing to provide discovery. … For the reasons that follow, we affirm. Plaintiff commenced this action on November 4, 2013, by filing a … 9 A-5294-14T1 the previous motions by indicating that fact. Rather, only after plaintiff was served with a motion …
- A-4001-15T3 Opinionnjcourts.gov… fees. We affirm. This appeal arises from the following facts. On October 29, 2012, Superstorm Sandy struck New … retained Class Counsel, and on November 21, 2012, filed a complaint against Hess seeking relief on their own behalf … stated by Judge Francis in his written opinion dated April 26, 2016. We add the following brief comments. A trial …
- A-2569-15T1 Opinionnjcourts.gov… for the Stavola Lot remaining in effect. Plaintiffs filed a complaint in lieu of prerogative writs in the Law Division … provide any evidence the resolution lacked adequate factual findings. Finally, we reject plaintiffs' argument … Van Itallie v. Borough of Franklin Lakes, 28 N.J. 258, 268-69 (1958)). A conflict of interest exists if "the public …
- A-1676-12T2 Opinionnjcourts.gov… In this appeal, the State does not dispute the following facts. In 2009, Bernard Rice was employed by the … USE OF A DEFENDANT'S PRE-ARREST SILENCE, AND PROVIDED AN INCOMPLETE AND DEFECTIVE CHARGE ON THE USE OF A DEFENDANT'S … had indicated that he had a relative who was accused of committing a criminal offense. 9 A-1676-12T2 4. The [c]ourt …
- A-0524-15T3 Opinionnjcourts.gov… The State's rejection of Defendant from PTI, against the recommendation of the PTI director, should be reversed, … Abuse of Discretion. A. The State considered inappropriate factors against Defendant's admission into PTI, and failed … phone contracts at a kiosk inside a retail store. On June 26, 2014, after being confronted by his employer with an …
- A-2998-15T5 Opinionnjcourts.gov… DIVISION DOCKET NO. A-2998-15T5 IN THE MATTER OF THE CIVIL COMMITMENT OF A.H., SVP-731-15. ___________________________ … for control, care and treatment." N.J.S.A. 30:4- 27.26; see also N.J.S.A. 30:4-27.25. To civilly commit an … framework in mind, we 3 A-2998-15T5 will now consider the facts that led to A.H.'s commitment under the SVPA. On …