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… failure to deter criminal behavior despite juvenile community supervision; technical violations during prior … The Board panel also considered various mitigating factors in its parole determination. The panel noted Battle … achieved minimum custody status. Despite these mitigating factors, the Board panel rejected battle's request for …
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… ERRED [BY] FINDING THE [MOTHER] CREDIBLE FOR ONE ISSUE OF FACT BUT NOT [FOR] ANOTHER. POINT II THE [JUDGE] ERRED [BY] … (citing State v. Johnson, 42 N.J. 146, 161 (1964)). Factual findings of the trial judge are generally accorded … explained that there were enough lights on the [apartment] complex building to allow her to see [defendant]. There were …
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… imposed upon him pursuant to N.J.A.C. 10A:4-4.1 for committing prohibited act *.203 (possession or introduction … locker. The counsel substitute noted that a criminal complaint issued after the search stated that the cellmate, … appellant knew of the contraband's existence, beyond the fact that the cellmate's locker was unsecured and appellant …
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… D.M.D., LLC, and dismissing plaintiff's medical malpractice complaint with prejudice. We affirm. We recite the relevant facts and procedural history from the record. Plaintiff filed a complaint against defendants alleging medical malpractice in …
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… Board of Education (the Board). We affirm. The salient facts are not in dispute. During the 2012-13 school year, … place, the Board filed an order to show cause and verified complaint with Law Division to restrain arbitration. The … review of the judge's decision is de novo, considering the factual record in the light most favorable to the non-moving …
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… crime scene to the gas station, she spoke Spanish and he communicated with her entirely in Spanish. During the short … no need for a further hearing to explore the additional factors set forth in State v. Henderson, 208 N.J. 208 … the record, we find no basis to disturb the judge's factual findings and credibility determinations. See State …
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… arbitrator. They interviewed several candidates, and after completing those interviews, the parties selected Mr. … retain him. In February 2009, defendant filed a motion to compel arbitration, appoint a new arbitrator plus an … his right to enforce arbitration. We conclude under the facts of this case that the parties knew of their initial …
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… Defendant appealed the decision to the trial court. In a comprehensive written opinion, the trial judge considered … could not impose such a condition. Although finding DeMarco factually different from the circumstances here, the judge … that "the prosecutor's office has considered all relevant factors in reaching the PTI decision." Nwobu, supra, 139 …
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… to the sentence defendant was serving for the crimes committed in New York State. Finally, the court sentenced 4 … for which he was sentenced. We will not restate these facts here. Instead, we incorporate by reference Judge Pincus's factual recitation as reflected in her Memorandum of …
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… reverse and remand for further proceedings. We derive our factual summary from the July 20, 2016 trial. Plaintiff and … testified she needed an FRO "for my mother so he doesn't come around the house . . . because he does not like my … substantial deference to the trial court's findings of fact and the legal 1 It is unclear whether the parties were …
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… TO THE JURY'S FUNCTION AND DEFENDANT'S FAILURE TO COMPLY WITH THE JUDGE'S WARNING SUGGESTED THAT HE HAD … 39:3-40 conviction. I. We briefly summarize the relevant facts. On December 15, 2014, Sgt. Michael Hoppe of the South … from a supervisor with the New Jersey Motor Vehicle Commission. The supervisor explained that defendant's …
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… to set aside the order dismissing her personal injury complaint with prejudice pursuant to R. 4:23-5(a)(2). NOT … in court on the return date of the motions. He sent a per diem lawyer who expressed her understanding that all … "given that all outstanding discovery materials were in fact provided to the Defense prior to the date the Motions …
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… PCR. Moreover, there must be "material issues of disputed fact that cannot be resolved by reference to the existing … words, defendant makes a conclusory allegation without any factual support. Such unsupported claims cannot establish a …
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… of discretion in denying the motion. We relate only the facts that are necessary. In 2013, plaintiff filed suit … $24,184.50. When that real estate deal could not be completed, she alleged defendants owed her these monies. Two … cause to overturn" the previous order. The court noted "all factual predicates, including exhibits" were available to …
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… at the time their children entered college, based on the factors set forth in Newburgh v. Arrigo, 88 N.J. 529 (1982). … improperly denied college contribution based solely on the fact that defendant requested reimbursement after she paid … or failed to appreciate the significance of probative, competent evidence." Fusco v. Bd. of Educ. of Newark, 5 …
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… A-1681-15T2 T.A., Petitioner-Appellant, v. DEPARTMENT OF COMMUNITY AFFAIRS, DIVISION OF HOUSING, … over the hearing in this matter found the essential facts largely undisputed. T.A. lived in a three-bedroom … resulted in T.A. receiving $7002 in housing subsidies to which she was not entitled over two recertification …
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… wife, plaintiff M. Y. The trial judge found defendant committed the predicate act of harassment, N.J.S.A. 2C:33-4, … Super. 112 (App. Div. 2006). We disagree and affirm. The facts developed at the final hearing in this matter are … 154 N.J. 394, 412-13 (1998)). We will "not disturb the 'factual findings and legal conclusions of the trial judge …
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… R. 1:36-3. November 17, 2017 2 A-4884-15T3 The relevant facts are not in dispute. Plaintiff made a request to … Records Council (GRC) in similar cases. Plaintiff filed a complaint and order to show cause seeking access to the … which requires a judge to consider the following seven factors: (1) the type of record requested; (2) the …
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… In this post-judgment matrimonial matter, the trial court compelled defendant and his ex-wife to share equally the … allocate such costs, a judge may take into account the same factors outlined in Rule 5:3-5(c) governing awards of … expert fees in divorce case). These include, among other factors: the parties' financial circumstances and ability to …
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… in his car. Finding no basis to disturb the trial judge's factual findings or legal conclusions, we affirm. At the … proceeded to search for the documents himself in the "common areas" where such documents are kept. He found the … 218 N.J. 412, 424-25 (2014). We defer to the trial court's factual findings on the motion, unless they were "clearly …