-
njcourts.gov
… 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, …
-
njcourts.gov
… 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 …
-
njcourts.gov
… TRIAL. POINT V ESPECIALLY IN LIGHT OF THE STRONG MITIGATING FACTORS, THE TRIAL COURT ERRED BY DENYING DEFENDANT'S MOTION … RANGE BASED ON AN ERRONEOUS FINDING OF AGGRAVATING FACTOR TWO. a. The Sentencing Court Erroneously Found … III. We do not reach defendant's other arguments as they become moot in light of our decision that the conviction …
-
njcourts.gov
… 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 …
-
njcourts.gov
… and Firko. On appeal from the New Jersey Civil Service Commission, Docket No. 2014-252. Hunt, Hamlin & Ridley, … Hospital (Greystone). We affirm. I. We glean the facts from the hearing record. Williams was employed as a … In its' Final Agency Decision, the CSC adopted the ALJ's factual findings and her findings that sustained the charges …
-
njcourts.gov
… his application. The ALJ determined the following facts pertinent to the summary decision motions were … such explicit text in the enabling statutes because it is common sense that disability retirees leave their jobs due … of their performance." N.J.S.A. 11A:1-2(c). Public bodies obviously have the power to remove employees for cause. …
-
njcourts.gov
… A-2065-17T1 Part, Small Claims section, which dismissed his complaint for breach of contract requesting $3000 to repair … We afford a deferential standard of review to the factual findings of the trial court on appeal from a bench … liable to any party on the basis of the same transactional facts." There was no error in amending the complaint under …
-
njcourts.gov
… 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 …
-
njcourts.gov
… 2003, plaintiff T.A.B., the mother, filed a non-dissolution complaint seeking sole custody of the children, child … N.J. 561, 571 (2002)). Accordingly, we generally defer to factual findings made by family courts when such findings … and the application of those conclusions to the facts, are subject to our plenary review." Reese v. Weis, …
-
njcourts.gov
… *.004. We reverse and remand. I. The following facts are derived from the record. On September 23, 2018, … point[,] I gave inmate Porter a direct order to stop and he complied." Rosario's responses to Clarke's written … credibility at the hearing. 1 According to Clarke, it is common for an inmate to throw liquid in the face of another …
-
njcourts.gov
… 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 …
-
njcourts.gov
… 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 …
-
njcourts.gov
… received a call from a patrolman who stated a woman had come into the police station and reported that a neighbor, … [because] they are the ones [who] will be the trier of fact in a jury trial. By defendant's own admission, he put … N.J. at 13. "Credibility determinations and resolution of factual disputes" are not appropriately before a grand jury, …
-
njcourts.gov
… to have weapons) in exchange for the State's agreement to recommend a fifteen-year term of imprisonment with an … THE COURT: And has your attorney answered to your satisfaction, any questions you may have asked him? DEFENDANT: … for sentencing. Sentencing counsel noted several mitigating factors, including that defendant was twenty- seven years …
-
njcourts.gov
… to -35.2 Defendant contends the court erred by finding he committed the predicate offense of harassment, as defined in … law and the legal consequences that flow from established facts are not entitled to any special deference." Manalapan … Servs. v. E.P., 196 N.J. 88, 104 (2008) (deferring to factual findings of the trial court "because it has the …
-
njcourts.gov
… requires bidders to: Acknowledge any past or pending civil complaints, complaints to the Better Business Bureau, … a full and deliberate investigation into the case. The four factors are: Immediate and irreparable harm; that the legal … third parties in interest and the public. As to the first factor, Crowe stated that the harm is generally considered …
-
njcourts.gov
… the Pretrial Intervention Program (PTI). Shortly before completing PTI, Holloway was cited for violations of the … there was no hearing conducted in 2015 that addressed the factors governing the termination of PTI, we reverse the … "misconceives the applicable law or misapplies it to the factual" situation, an abuse of discretion can be found. …
-
njcourts.gov
… 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 …
-
njcourts.gov
… 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 …
-
njcourts.gov
… affirming his future parole eligibility date (PED) and commutation credit calculation after his 2017 parole denial. … as moot. I. We briefly summarize the following salient facts and procedural history, derived from the record and … review of parole determinations 'focuses upon whether the factual findings made by the Parole Board could reasonably …