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… not in its Individual Capacity, but Solely as Trustee for the RMAC Pass-Through Trust, Series 2013-B, … 2013-B, and denying defendants' motion to dismiss the complaint and their subsequent motions for reconsideration. … We disagree and affirm. We glean the following facts from the motions' records. On July 17, 1998, Palifrone …
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… ICE), Plaintiffs-Appellants, v. OHIO SECURITY INSURANCE COMPANY, Defendant-Respondent. … Argued January 10, 2023 – Decided February 9, 2023 Before Judges Whipple, Smith, and Marczyk. On appeal from the … a motion, we "must examine 'the legal sufficiency of the facts alleged on the 5 A-2678-20 face of the complaint,' …
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… Submitted January 23, 2023 – Decided March 9, 2023 Before Judges Whipple and Mawla. On appeal from the Division of Workers' Compensation, Department of Labor and Workforce Development, … disease was to be determined. In April 2019, New Jersey Manufacturers Insurance Group (NJM) scheduled petitioner with an …
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… Argued November 8, 2023 – Decided December 19, 2023 Before Judges Whipple and Enright. On appeal from the Board of … Ret. Sys. 192 N.J. 189, 212 (2007). In their findings of fact, the ALJ accepted the PFRS's determination that the … and is not the result of a pre-existing disease alone or in combination with work effort." Richardson, 192 N.J. at 212. …
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… Argued December 19, 2023 – Decided January 25, 2024 Before Judges Mayer, Enright and Paganelli. On appeal from the New Jersey Commissioner of Education, Docket No. 149-5/16. Y.Y., … and remand the tuition issue to the Commissioner for factual findings regarding the tuition and consideration of …
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… Submitted December 20, 2023 – Decided January 11, 2024 Before Judges Accurso and Gummer. On appeal from the Superior … judicial function by a law clerk, including the issuance of factual findings or conclusions of law. Any motion must be … Here, unfortunately, the statement of reasons accompanying the court's order of June 30, 2022, denying …
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… v. JAMES K. BOGIE, Defendant-Respondent, and COMPLETE CONSTRUCTION COMPANY, a/k/a COMPLETE CONSTRUCTION … Argued December 5, 2023 – Decided January 11, 2024 Before Judges Rose and Perez Friscia. 1 Improperly pled as … K. Bogie, pursuant to N.J.S.A. 2A:16-49.1. We affirm. The facts are straightforward and largely undisputed. Plaintiff …
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… Submitted April 26, 2023 – Decided August 2, 2023 Before Judges Mayer and Bishop-Thompson. On appeal from the … [four] miles from [the] Delaware County Court of Common Pleas" and defendant lived "approximately [twenty] … law and the legal consequences that flow from established facts are not entitled to any special deference." Hitesman …
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… Submitted March 28, 2023 – Decided June 14, 2023 Before Judges Messano and Gilson. On appeal from the Superior … to vacate the dismissal of her action and to reinstate her complaint NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE … office, but no one ever responded to that call. Given those facts, we discern no abuse of discretion in the trial …
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… Submitted May 6, 2024 – Decided June 4, 2024 Before Judges DeAlmeida and Berdote Byrne. On appeal from the … to consider them. We dismiss the appeal. I. The salient facts and procedural history were previously recounted in … (counts three and four); and second and third-degree computer theft, contrary to N.J.S.A. 2C:20-25(c) (counts …
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… Submitted April 9, 2024 – Decided April 25, 2024 Before Judges Enright and Augostini. On appeal from the … Somerset County Prosecutor, attorney for respondent (Bridgett Nichole Dudding, Assistant Prosecutor, of counsel and … the petition without an evidentiary hearing. In his accompanying fifteen-page opinion, the PCR judge rejected …
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… Argued June 20, 2023 – Decided October 18, 2023 Before Judges Accurso and Rose. On appeal from the Superior … plaintiff Midland Credit Management, Inc.'s motion to compel arbitration of their dispute over defendant's $794.04 … to arbitrate his claims against Midland. We sketch the facts as they were presented to the trial court. Credit One …
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… Submitted October 10, 2023 – Decided October 26, 2023 Before Judges Sabatino and Chase. On appeal from the Superior … endangering the welfare of a child. He admitted he committed an act of sexual penetration on a ten-year-old … did not ask the court to find any specific mitigating factor. Defendant then presented a short allocution, taking …
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… Submitted August 29, 2023 – Decided September 18, 2023 Before Judges Gooden Brown and Berdote Byrne. On appeal from … by N.J.S.A. 43:21-6(c). We affirm. We discern the following facts from the record. Parker filed a claim for unemployment compensation benefits on July 7, 2019, and received benefits …
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… Submitted October 23, 2023 – Decided November 21, 2023 Before Judges Marczyk and Vinci. On appeal from the Superior … from the trial court's June 7, 2022 order dismissing her complaint with prejudice. Based on our review of the record … reviewing court must examine 'the legal sufficiency of the facts alleged on the face of the complaint,' giving the …
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… Civil Action ORDER THIS MATTER having been brought before the Court by way of Motion to Dismiss filed by Ballard … a Rule 4:6-2(e) motion, the court “must accept as true all factual assertions in the complaint” and accord the non-movant every reasonable …
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… Argued September 18, 2024 – Decided November 1, 2024 Before Judges Rose, DeAlmeida and Puglisi. On appeal from the … from the Law Division's July 25, 2023 orders dismissing its complaint for failure to state a claim. Because the trial … appeal, plaintiff contends the complaint alleged sufficient facts to withstand the motion to dismiss, it had standing to …
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… Resubmitted January 29, 2025 – Decided February 11, 2025 Before Judges Currier and Vanek. On appeal from the Superior … (SCVTF), N.J.S.A. 2C:14-10(a)(2). I. We incorporate the facts set forth in our prior opinion, In re M.E.M., No. … of the limited issue on remand. To resolve a juvenile complaint venued in the Family Part, M.E.M. pleaded guilty …
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… Defendant-Appellant. Submitted October 22, 2018 – Decided Before Judges Fasciale and Rose. On appeal from Superior Court … Judge John T. Kelley entered the order and rendered a comprehensive oral decision setting forth, in great detail, the facts, procedural history and legal standards applicable to …
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… Argued April 8, 20191 – Decided July 23, 2019 Before Judges Sumners and Mitterhoff. On appeal from the … determined that although plaintiff had proven defendant committed several acts of harassment, N.J.S.A. 2C:33-4(a), … law and the credible evidence in the record supported his factual findings, we affirm. We further conclude a remand is …