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… who were in his custody full-time and a purported loss of income due to unemployment and the dissolution of his … opposition to his motion due to her alleged failure to comply with discovery orders and to compel her to produce a … substantial deference to the Family Part's findings of fact because of that court's special expertise in family …
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… ASSOCIATION, INC., Plaintiff-Respondent, v. RGD HOLDING COMPANY, LLC, RMC MEZZANINE COMPANY, LLC, RMC GTIS DIXON, … court, and we observed the motion record contained no factual basis to make this finding. Id. at 14-15. 6 … owners' agent, pointing to our prior observation that the facts before us did not suggest an agency relationship, …
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… ("the Prosecutor's Office"). We affirm. The following facts are derived from the motion record. On December 12, … second-degree possession 3 A-2481-20 of a firearm while committing a controlled dangerous substance ("CDS") crime, … Assessment of a defendant's suitability for PTI is based on factors set forth in N.J.S.A. 2C:43-12(e) and Rule …
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… SERVICES, and ATLANTIC COUNTY DEPARTMENT OF FAMILY AND COMMUNITY DEVELOPMENT, Respondent-Respondents. … and (4) whether in applying the legislative policies to the facts, the agency clearly erred in reaching a conclusion … not reasonably have been made on a showing of the relevant factors. [Ibid. (quoting A.B. v. Div. of Med. Assistance & …
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… quarry. The following day, the borough issued defendant two complaint-summonses for exceeding the "allowable hours of … had been warned by the enforcement officer about trucks coming to the property before 7:00 a.m. and defendant put up … The Law Division judge must make independent findings of fact and conclusions of law based on the evidentiary record …
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… placed on medical leave. In June 2016, plaintiffs filed a complaint in federal court in the District of New Jersey … engaged in motion practice and plaintiffs amended their complaint several times. During that process, plaintiffs … determined that one of the plaintiffs, Pierce, had alleged facts that allowed her claims to survive summary judgment. …
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… affirm. 3 A-1096-21 We briefly recount the relevant facts. On October 18, 2018, Actlien purchased a tax sale … the motion on November 19, 2021, and dismissed Actlien's complaint on December 9, 2021. In appealing, Actlien argues … the benefit parties like Oak Tree provide – in their "commercial competition" with tax sale certificate holders …
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… project (Ajax or Ajax Project). We affirm. I. We glean the facts and procedural history from the motion records. On … about right to salvage material from the building before it comes down? Is that a consideration of yours . . . ? … measure of repose to actions taken against public bodies[,]'" (citations omitted), the motion judge dismissed …
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… judge (ALJ) issued an initial written decision accepting as fact Duck's testimony, which we now summarize. 3 A-0219-21 … Board's conclusion because Duck's shoulder injury "was a common outcome in ordinary experience after unsuccessfully trying to …
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… Defendant challenges the trial court rulings and argues it committed reversible NOT FOR PUBLICATION WITHOUT THE … still not been installed. The trial court made findings of fact, credibility, and law. Although the trial court found … a restraining order is necessary, upon an evaluation of the factors set forth in N.J.S.A. 2C:25-29(a)(1) to -29(a)(6), …
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… passenger side, holding a large knife. The hairnet did not completely obscure the man's face. Ruiz attempted to flee … hearing "is necessarily deferential to [the] PCR court's factual findings based on its review of live witness … inadequately investigated his case, he must assert the facts that an investigation would have revealed, supported …
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… DIVISION DOCKET NO. A-3003-22 IN THE MATTER OF THE CIVIL COMMITMENT OF K.W., SVP 559-10. … a viable, cognizable opinion," relying on "appropriate factors in weighing the evidence and reaching a conclusion," … find such data to be determinative; rather, it was merely a factor considered in the totality of the circumstances …
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… charging him with: (1) second- degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1 (count … nature of the sentences was excessive in view of the fact that the crimes and their objectives were not … and fourteen) because the court failed to find aggravating factors justifying a consecutive sentence for count fifteen. …
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… and Anello Fence, LLC appeal from the dismissal of their complaint with prejudice pursuant to Rule 4:23-5(a)(2). We … and appropriate conditions for reinstatement of the complaint should be imposed due to the absence of any … judgment motion. A different trial judge then extended fact discovery through August 31, 2021. As of February 2021, …
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… former immediate supervisor—Biss1—and the company's owner and CEO— Morehardt—under the New Jersey Law … In November 2010, plaintiff was hired by Tec-Cast, a manufacturer and distributor of aluminum casings, as assistant … in understanding the witness' testimony or determining a fact in issue." N.J.R.E. 701. Here, the trial judge stated, …
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… On appeal from the New Jersey Civil Service Commission, Docket No. 2020-2438. Samuel Michael Gaylord … General, attorney for respondent New Jersey Civil Service Commission NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE … administrative decision adopting the ALJ's findings of fact and conclusions of law. II. On appeal, R.B. argues (1) …
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… period of parole ineligibility. The sentence encompassed consecutive terms for two of the attempted murder … December 16, 2022, the motion judge issued an order and accompanying letter opinion denying the motion. In the opinion, the judge recounted the facts and applicable law, positing that "[defendant's] …
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… of Disposition in appeal A-3019-21. We glean the following facts from the trial record. I. On October 29, 2020, an FRO … any oral written, personal, or other form of contact or communication with [G.M.]; and prohibited from stalking, … PURPOSELY". II. When conducting an appellate review of the factual findings of the trial court, "[t]he aim of the …
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… legal principles, we affirm. We discern the following facts and procedural history from the record, which includes … 2010, at around 10:30 p.m., defendant and his co-defendant committed armed robberies involving different victims in two … also includes the timing of these events, as well as the factors under State [v.] Yarbough[, 100 N.J. 627, 643-44 …
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… after an evidentiary hearing. We affirm. I. The detailed facts in this case were previously set forth in our opinion … with no other conclusion but that the homicide was still committed by defendant. Even if he was 2 Although the … the court must not focus on the defendant's dissatisfaction with "counsel's exercise of judgment during the …