-
njcourts.gov
… (DOC) upholding a hearing officer's determination that he committed prohibited act *.803/*.002, attempting to assault … N.J.A.C. 10A:4-4.1(a)(1)(ii), (xxiv). We affirm. We derive facts from the DOC "preliminary incident," "special … Curry to "cuff up." Curry remained on his bed, refusing to comply with commands of the officers and accompanying …
-
njcourts.gov
… JOSEPH N. DIVINCENZO, JR., ESSEX COUNTY BOARD OF COUNTY COMMISSIONERS,1 ATTORNEY GENERAL OF NEW JERSEY MATTHEW J. … is now known as the Essex County Board of County Commissioners. 3 A-3689-22 Newark Corporation Council … trial court; thus, considering and accepting as true the facts alleged in the complaint, we determine whether they …
-
njcourts.gov
… affirm. I. In August 2023, plaintiff David Umbria filed a complaint against defendant alleging breach of contract. The … I believe and I find it created a contract implied in fact, which entitled [plaintiff] to $54,000. It was defined … limited. We afford a deferential standard of review to the factual findings of the trial court on appeal from a bench …
-
njcourts.gov
… his motion to vacate his alimony and child support arrears, compel plaintiff Frances J. Hoffman to provide an updated … in prior orders. In the August 4, 2023 order and accompanying written decision, Judge Adams granted the portion … the "lengthy and complex procedural history" and pertinent facts. Noting a trial court "does not sit as an appellate …
-
njcourts.gov
… unconstitutional and excessive given his age when he committed the offense. Perceiving no merit to defendant's arguments, we affirm1. The relevant facts are undisputed. Defendant, then nineteen years old, … court properly considered the aggravating and mitigating factors, including that defendant's attack on his victim, …
-
njcourts.gov
… if, aided and abetted by one or more other persons, he commits an act of sexual contact with another person, using … of direct proof but must ordinarily be inferred from the facts. Therefore, it is not necessary that the State produce … in an act of sexual contact by threatening them. [SUMMARIZE FACTUAL ALLEGATIONS OF STATE AND DEFENSE, IF APPROPRIATE] If …
-
njcourts.gov
… and debts. We affirm. I. We briefly summarize the pertinent facts and procedural history. In July 2022, after over forty years of marriage, plaintiff Teresa Krawec filed a complaint for divorce. The parties have two emancipated, … counsel then asked for an adjournment "until [defendant] comes" back to the courtroom. After pointing out that 3 …
-
njcourts.gov
… is the only asset of the Trust. Intervenors' proposed complaint maintained that Silverback Trust was the actual … motion to supplement the record, a court must consider two factors: "(1) whether at the time of the hearing or trial, … v. Franz, 123 N.J. 498, 505 (1991)). We conclude the facts and procedural history presented here preclude …
-
njcourts.gov
… in light of the applicable law, we affirm. We discern the facts and the procedural history from the motion record. … K. Boretz, J.S.C. issued an August 3, 2023 order and accompanying written decision, denying defendant's second PCR … THERE IS A REASONABLE PROBABILITY THAT IF THE DEFENDANT'S FACTUAL ASSERTIONS WERE FOUND TO BE TRUE, ENFORCEMENT OF THE …
-
njcourts.gov
… of the FRO hearing, he omitted the initial TRO and the complete amended TRO. Accordingly, we derive these essential facts from the sparse record. At the hearing, plaintiff … N.J. 414, 428 (2015). We will not disturb a trial judge's factual findings unless "they are so manifestly unsupported …
-
njcourts.gov
… personal and real property of a local exchange telephone company, defined as “a telecommunications carrier providing dial tone and access to 51% … delivery . . . .” Id. at 74. The Tax Court found the fact “[t]hat the business personal property being taxed is …
-
njcourts.gov
… we "should not undertake to alter concurrent findings of fact and credibility determinations made by two lower courts … effective on June 30, 2021, authorizing the Motor Vehicle Commission to share voter and motor vehicle information with … a person to watch a video created by the Motor Vehicle Commission explaining the rights and responsibilities of a …
-
njcourts.gov
… (App. Div. Jan. 5, 2023) (Otero I).1 We incorporate the facts 1 Although defendant holds a deed to and resides at … 2022 orders. See R. 2:5-4(a) (limiting appellate review to competent evidentiary materials presented to the motion … 320 (2013); see also Crowe, 90 N.J. at 132-34. "[T]hese factors must be 'clearly and convincingly' demonstrated." …
-
njcourts.gov
… Defendant was indicted for second-degree conspiracy to commit robbery, first-degree robbery of Shakime Peppers; … that an evidentiary hearing is warranted to develop the factual record in connection with an ineffective assistance … of counsel; (2) there are material issues of disputed fact that must be resolved with evidence outside the record; …
-
njcourts.gov
… Pieper with written disciplinary charges, alleging he committed prohibited act .402. The sergeant conducted an … Counsel substitute requested leniency. The hearing officer completed an adjudication form, which she showed to Pieper. … treatment, which must be considered in light of the fact that disciplinary sanctions reflect the particular …
-
njcourts.gov
… of defendant Germaine N. Johnson for his failure to comply with discovery obligations. Having reviewed the … After moving into the apartment, she made several complaints to defendants regarding the bathroom. Three … apply the "proper" principles of law, misrepresenting the facts regarding the scheduling of oral argument, failing to …
-
njcourts.gov
… period to run concurrent with his life sentence. The facts underlying defendant's conviction are set forth in our … that the new evidence must have been discovered after completion of trial and must not have been discoverable …
-
njcourts.gov
… adequate justification. The ordinance was adopted on the recommendation of the Borough's Planning Board. Under the … in Judge McCloskey's scholarly opinion. We add only a few comments. Certain general principles of land use and … adoption of ordinances does not require formal findings of fact, but its determinations must be adequately supported by …
-
A-19-24 Appellant Response To Amicus Curiae Brief Letter
Briefs
njcourts.gov
… 100 Florham Park, NJ 07932 (973) 845-7640 scott@jmslawyers.com March 3, 2025 Re: Borough of Englewood Cliffs v. … Legislature (as the Borough has previously discussed). In fact, this Court has repeatedly acknowledged that public … Protection Act, N.J.S.A. 34:19-5, just to name a few, completely superfluous. In other words, the ACLU has it …
-
njcourts.gov
… dismissed. As part of the agreement, the State agreed to recommend a sentence of a flat three years, subject to various … of his conviction. He also placed on the record a factual basis to the endangering charge. 3 A-3981-21 The … He further alleges his guilty plea lacked a proper factual basis, and that counsel should have moved to …