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… On appeal from the New Jersey Civil Service Commission, Docket No. 2021-1765. Alterman & Associates, … under the circumstances. We affirm. The essential facts developed before the ALJ are undisputed. Allen was a … range instructor, [the Sheriff's Office] immediately remedied the situation by arranging for a different instructor" …
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… R. 1:36-3. 2 A-3477-22 resentencing pursuant to State v. Comer, 249 N.J. 359 (2022), because he was twenty-four-years … years—should apply to him. Defendant also argues mitigating factor fourteen, N.J.S.A. 2C:44-1(b)(14),1 which became … trial court to consider a defendant's youth as a mitigating factor if the defendant was under the age of twenty-six when …
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… defendants' motion and affirm. I. We discern the following facts and procedural history from the record of this … the default, and plaintiff filed a mortgage foreclosure complaint in September 2015 and an amended complaint in February 2016. Defendants were 1 We omit from …
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… to police made following his arrest. We briefly discuss the facts from the motion record necessary to place our opinion … and she replied, "I don't know, I'm just helping drive." A computer check on Stout's driver's license informed Trooper … judicial function by a law clerk, including the issuance of factual findings or conclusions of law. Any motion must be …
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… vacate." On the trial date, defendant moved to dismiss the complaint, arguing that 3 A-0342-23 plaintiff failed to … of the warrant of removal pending appeal. In assessing the factors propounded by Crowe v. De Gioia, 90 N.J. 126, 132-33 … of a statute and its application of the law to facts are not entitled to any special deference. Manalapan …
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… months, which resulted in a reduction of her salary and concomitant monthly retirement allowance. In addition, because … the procedural history, found no genuine issue of material fact, and denied her requests for an administrative hearing … proscriptions contained in N.J.A.C. 17:2-5.1 are not embodied in statute. The Board, in its discretion, could have …
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… performance of this contract that the parties cannot satisfactorily resolve, then the parties agree that the dispute … characterize this matter as something other than a simple commercial dispute sounding in negligence and breach of … that "parties to an agreement may waive statutory remedies in favor of arbitration" and that "it is also …
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… and Manahan. On appeal from the New Jersey Civil Service Commission, Docket Nos. 2016-4183 and 2016- 4255. Michael J. … occupants, a man and two women, all expressed their dissatisfaction about the length of time it took for the officers to … describing what occurred on September 22, 2014, as "not factual. Specifically that C.G. was . . . asked several …
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… N.J.S.A. 2C:39-7(b). On March 18, 2016, the trial judge commenced defendant's sentencing hearing. Defendant … we uphold "the trial court's decision so long as [the factual] findings are supported by sufficient credible … outlined in State v. King, 44 N.J. 346, 352-53 (1965): Factors potentially indicating coerced consent include: (1) …
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… having been charged under two indictments for crimes committed when he was sixteen years old,3 pleaded guilty to … period of parole ineligibility "did not amount to a de facto life sentence as it afforded him the opportunity to … and he is young today," and found "there's one mitigating factor, his age." The judge also noted that defendant did …
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… from the trial court's April 3, 2017 order dismissing his complaint with prejudice after the parties appeared for … by not changing venue, that it erred in dismissing his complaint, and that it violated a "public policy against … in merits brief deemed abandoned). 3 A-3723-16T4 The facts gleaned from the record are summarized as follows. …
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… We reverse and order the judgment reinstated. The following facts are taken from the record. Plaintiff was an executive … of process. Specifically, he alleged the summons and complaint regarding the wage proceedings were improperly … appeal followed. I. As a general proposition we defer to "factual findings supported by adequate, substantial, …
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… laws of New Jersey; SOUTHBROOK GARDENS; SALEM MANAGEMENT COMPANY; GOLD HABER a/k/a HABER GOLD and DEVELOPERS FUNDING … was appropriately granted. We summarize and consider the factual record in a light most favorable to plaintiff. R. … any, show that there is no genuine issue as to any material fact challenged and that the moving party is entitled to a …
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… THE TRIAL COURT ERRED PREJUDICIALLY IN PERMITTING "FRESH- COMPLAINT" TESTIMONY WHICH FAR EXCEEDED THE PERMISSIBLE … comments prejudiced the jury against the defense. In fact, the jury acquitted defendant of aggravated sexual … lack of remorse precluded a finding of mitigating factor nine, N.J.S.A. 2C:44-1(b)(9) (defendant was unlikely …
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… and DeAlmeida. On appeal from the New Jersey Civil Service Commission, Docket No. 2015-3244. Arthur J. Murray argued … to consider his request as a "challenge/appeal of his de facto/constructive termination." In its November 30, 2016 … and (3) whether in applying the legislative policies to the facts, the agency clearly erred in reaching a conclusion …
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… of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition No. 2004-30601. Louis M. … S. Chandonnet, on the brief). PER CURIAM This workers' compensation case comes before us a second time, previously … also contends the third JOC misconstrued the underlying facts and misapplied the law. Generally, "[a] person who has …
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… M. Fernandez (Geraldine1). We affirm. I. The following facts are derived from the record. In 1999, Fontanilla was a … thereafter until the debt was paid. On November 10, 2012, a community hearing was held in the Philippines to address … L.P. v. Cliff, 419 N.J. Super. 1, 8 (App. Div. 2011). Factual "[f]indings by the trial judge are considered …
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… In deciding Marlin's case, the court did not make its own factual findings but instead improperly relied on the … to the Law Division for reconsideration and independent factual findings. 1 Defendants were tried together in the … POINT ONE: THIS COURT SHOULD REVERSE THE GUILTY FINDING ON COMPLAINT NO 2015 S 2014- 000167 BECAUSE THE RULINGS OF THE …
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… reverse and vacate defendant's conviction. I. We glean the facts and procedural history pertinent to this appeal from the record. Following the completion of a sentence served at the Adult Diagnostic and … By Failing to Object To [] Defendant's Inadequate Factual Basis. (Not Raised Below) D. Trial and Appellate …
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… defendants deny receiving. Plaintiff filed a foreclosure complaint on March 8, 2013. Defendants were served with the summons and complaint on March 16, 2013. Defendants did not file a … not provide defendants with a basis for relief under the facts presented. As noted, subsection (f) permits a judge to …