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… that "[a]ny unused sick leave days will be accumulated and compensated to the 3 A-3228-17T4 [e]mployee at the rate of … in which the arbitrator has made an acknowledged mistake of fact or law or a mistake that is apparent on the face of the … end of the calendar year. In addition, the CNA explains the factors that will be used to determine the amount of a …
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… onto Sandford Street.1 Appellant heard only minimal radio communications concerning how the situation with the suspect … Nothing in the video materially contradicts the ALJ's factual findings. See State v. S.S., 229 N.J. 360, 374-81 … (2017) (clarifying the limited scope of appellate review of factual findings based on video evidence). 9 A-5074-16T3 the …
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… JERSEY APPELLATE DIVISION DOCKET NO. A-3792-17T1 STATEWIDE COMMERCIAL CLEANING, LLC, Plaintiff-Appellant, v. FIRST … GOD, Defendant/Third-Party Plaintiff, v. MERCER INSURANCE COMPANY OF NEW JERSEY, INC., Third-Party Defendant- … and the Mediation Settlement Agreement. It is on those facts that the [c]ourt found the award of the appraisal …
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… offenses. He argues: POINT I THE JURY CHARGE REGARDING ACCOMPLICE LIABILITY WAS IMPROPER, THUS DENIED DEFENDANT DUE … PROCESS AND A FAIR TRIAL. A. The Jury Charge Regarding Accomplice Liability Was Given In Error As Defendant Was … D. The Prosecutor Intentionally Misstated Critical Facts To The Jury, Thereby Prejudicing The Defendant And …
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… 43:16A- 7(1). We affirm. I. Except as noted, the following facts were found by the Administrative Law Judge (ALJ) in … a police officer. The civilian ignored Mogul's request to come to the front door. Mogul observed as the civilian … of the member's regular or assigned duties," 1 The Court commented that "[u]nder that [Patterson] standard a …
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… NO. A-5102-14T2 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff-Respondent/ Cross-Appellant, v. STOKES … to amend its answer to raise the defense of accord and satisfaction. Stokes now argues that the judge failed to apply … not seek restitution for a payment made under a mistake of fact, but sought to recoup overpayments as a result of …
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… the motion of defendant PBA 49 to dismiss plaintiffs' complaint for a declaratory judgment. I. Historically, … a number of years, the County has considered the idea of combining or reorganizing the Bergen County Police … presented to the trial court was a question of law or fact. Here, that is not the controlling issue. Parties can …
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… with Helmer's law firm several years later. In his comprehensive written decision on defendant's PCR … more than make bald assertions[,] . . . [and] must allege facts sufficient to demonstrate counsel's alleged … "bald assertion . . . flies in the face of logic and common sense." We further agree with the PCR judge that …
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… DOCKET NO. A-4200-15T3 DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee of the Indymac INDX Mortgage Loan Trust … vacate the final judgment of foreclosure and to dismiss the complaint. After a review of the contentions in light of the … legal principles, we affirm. We discern the following facts and procedural history from the record on appeal. On …
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… to file an answer or otherwise respond to plaintiff's complaint. I. Defendant and her husband, Perry Ford,1 owned … of participating in the business, and requiring Perry to become its sole operator. Defendant's personal injury action … the forgery determination is an issue for the trier of fact. 14 A-4719-16T1 In sum, we find the trial court …
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… he and Padilla] resided and that the gun specifically had bodies attached to it." Concerned that the weapon "was used in … . . . connected together or constituting parts of a common scheme or plan." Indeed, Rule 3:15-1(b) bars … trial court properly distinguished the "wildly disparate" facts of State v. Sterling, 215 N.J. 65 (2013) from those of …
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… appeal from a May 29, 2014 order dismissing their complaint in lieu of prerogative writs. We affirm … 2 The counts against WGA III LLC do not specify the factual or legal bases for those claims. But the WGA III … 199, 222-23 (2013), to attorneys who represent municipal bodies. The appearance of impropriety standard did not apply …
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… robbery, N.J.S.A. 2C:15-1; second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2; first-degree robbery, … is involved." Defendant premises this argument on the fact there was no evidence admitted into trial of actual … imposition of consecutive sentences based on judicial factfinding). "Consecutive sentences are not an abuse of …
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… failed to sua sponte instruct the jury on the concept of accomplice liability and allow the jury to convict defendant … defendant's arguments and affirm. We gather the following facts from the record developed before the trial court. In … without being identified. These items included "a gray hoodie and stocking cap." When Williams drove into the Wells …
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… Count Three would be dismissed, and the prosecutor would recommend four years' probation conditioned on defendant serving 364 days in county jail. Defendant completed a written plea form and stated "yes" in response … facie claim, a petitioner . . . . must allege [specific] facts sufficient to demonstrate counsel's alleged …
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… plea; he asserts the plea record failed to establish a factual basis supporting his kidnapping conviction. … I. Defendant's convictions arose from a home break-in he committed in Edison on the night of November 30, 2014; at … following colloquy occurred with defendant to establish the factual basis for second-degree kidnapping: Q. So, …
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… 24, 2015 judgment of conviction. I. We derive the following facts from testimony of Essex County Sheriff's Officers … Megaro and Giuseppe Forgione and the trial court's factual findings at defendant's suppression motion hearing. … officers smelled the odor of "raw" or "fresh" marijuana coming from inside the vehicle. As defendant reached for the …
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… of Labor and Workforce Development, Division of Workers' Compensation, Docket No. 2006- 20819. Kavanagh & Kavanagh, … "extremely credible," and, after considering the twelve factors set forth in Estate of Kotsovska, ex rel. Kotsovska … the judge's specific findings when we discuss the twelve factors, below. II On appeal, Giambri contends there was …
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… amend her counterclaim and for leave to file a third-party complaint against plaintiff's son and daughter, which the … court granted defendant's motion to file the third-party complaint and filed her amended pleadings, the court never … said "okay" and proceeded to ask the parties if there were facts to which they could stipulate. 2 The letter was not …
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… R. 1:36-3. December 28, 2017 2 A-4376-16T2 motion to compel a buccal swab, and granting the defense motion … a grant or denial of a motion to suppress must defer to the factual findings of the trial court so long as those … live testimony, appellate courts defer to the trial court's factual findings because the trial court has the …