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… and sentence. We affirm. I. We derive the following facts from the record. On July 24, 2014, defendant and two … the search warrant and defendant had not met his burden to compel the State to reveal the identity of the informant … on June 24, 2016. The trial court found aggravating factors three, N.J.S.A. 2C:44-1(a)(3) (likelihood of …
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… A.P.M., said defendant, who was nineteen years of age, had come into her bedroom during the night and touched her … appellate court ordinarily should defer to a trial court's factual findings, even when those findings are based solely … Deference, however, is not required when the trial court's factual findings are clearly mistaken." State v. S.S., 229 …
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… conducted on January 6, 2017, the ALJ made the following factual findings. V.W. was admitted to a nursing home in … bank accounts, proof of household expenses, and other income and resource information. On March 31, 2016, MCDSS … was finally organized and presented to the agency's satisfaction in January 2017, it was far too late for the …
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… adjudication finding him guilty of prohibited act .705, commencing or operating a business or group for profit, or … remand A-3618-16 to the DOC for a re-hearing. The relevant facts underlying each appeal are set forth below. A-2912-15 … on "a subjective hunch, conjecture or surmise of the factfinder." Id. at 191. Moreover, determinations cannot be …
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… argued the cause for respondents (Law Offices of Viscomi & Lyons, attorneys; Clifford J. Giantonio, of counsel … ." [T]he trial judge takes into account, not only tangible factors relative to the proofs as shown by the record, but … the jury had the right to reject the credibility of any fact or expert 13 A-5082-16T3 witness and to accord the …
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… cases is limited. R. 1:36-3. 2 A-3485-16T1 I. The pertinent facts are not disputed. In April 2015, plaintiff C.J. filed a complaint alleging defendant committed the offenses of assault and criminal restraint …
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… with full medical benefits, which reduced his annual income from $70,000 to an annual pension of approximately … In our review, "when [we] conclude[] there is satisfactory evidentiary support for the trial court's findings, … 480, 496 (1981)). "Deference is appropriately accorded to factfinding; however, the trial judge's legal conclusions, …
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… statement, alleging it was improper for the prosecutor to comment on the credibility of her witnesses. Defense counsel … and gave the following curative instruction: All right. Ladies and gentlemen . . . toward the end of [the … instructed you a few moments ago, you're the judges of the facts and it's you, the jury, that is to determine the …
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… 2009. The following month, J.P. Morgan filed a foreclosure complaint. Defendant was served with the foreclosure complaint on October 24, 2009,2 but never filed a responsive … that its purpose is to . . . eliminate the presentation of facts which are not of record by unsworn statement[s] . . . …
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… the police station. He was not handcuffed. His girlfriend accompanied him. Defendant was taken to an interview/coffee … Apr. 19, 2010), certif. denied, 205 N.J. 520 (2011). The facts underlying his convictions are set forth in our … to cases on collateral review; or (B) the date on which the factual predicate for the relief sought was discovered, if …
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… was suspected of involvement in a shooting in the apartment complex in which he lived; and from the denial of its … POINT II THE TRIAL COURT ERRONEOUSLY APPLIED THE FIVE-FACTOR TEST SET FORTH IN STATE V. O'NEILL WHEN THE FACTS DICTATE THE USE OF THE TRADITIONAL TOTALITY OF THE …
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… TWO, LLC, DURAPORT REALTY FOUR LLC, and DURAPORT HOLDING COMPANY, LLC, Plaintiffs-Respondents, v. IMT STEEL, LLC, … 444 (App. Div. 1960)). However, although a trial court's factual findings will not be overturned absent an abuse of … Duraport to proceed against or to exhaust any rights, remedies or recourse against IMT [Steel.]" See Midstates Res. …
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… court order denying, in part, their motion to dismiss the complaint of plaintiff Pomum Liber, LLC and compel … to the other four. Accordingly, we affirm. Although the facts are hotly disputed, the basic contours of the … remaining claims are arbitrable because they are "factually intertwined" with the claims related to the …
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… decisions issued with the challenged orders. The salient facts taken from the record are summarized as follows. The … the QDRO and to pay Pension Appraisers the full $495 to commence the QDRO's preparation within seven days. On July … expertise, as well as its ability to fashion equitable remedies when confronted with violations of its orders as the …
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… argued the cause for appellant (Tonacchio, Spina & Compitello, attorneys; Ciro Spina, on the briefs). Rasmeet … 2C:25-19(a)(17). He contends the court's credibility and factual findings are flawed and the evidence was … ended up lending plaintiff a laptop to continue her studies. Plaintiff also testified she'd been hounded by a bill …
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… appeal from the New Jersey Government Records Council, GRC Complaint No. 2015-256. William Mark Scott, appellant, … Financing Authority (HCFFA). We affirm. I. The following facts are derived from the record. In 1993, HCFFA, a public … during the examination, the records Scott seeks are the de facto tax records of Deborah due to the conduit nature of …
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… plaintiff's current case information statement (CIS) or income information, by not compelling plaintiff to reimburse defendant for amounts paid in satisfaction of the Board's claim, and by not requiring plaintiff … collected $5827 in child support from him, "despite the fact that [plaintiff] did not have custody of the children." …
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… his trial counsel did not file appropriate motions or complete the investigation prior to the plea-cutoff date, … these materials. He contended the new transcript provided a factual predicate for his ineffective assistance of counsel … the pendency of any prior proceedings; or (B) that the factual predicate for the relief sought could not have been …
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… Defendants-Appellants/ Cross-Respondents, and FUN SPOT MANUFACTURING, LLC, INTERNATIONAL ASSOCIATION OF TRAMPOLINE … denying their motion to dismiss plaintiff's first amended complaint and compel arbitration. The judge altered his … SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE …
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… described the building as a "boarding house," with a common hallway that led to defendant's room at its end; four … v. Robinson, 200 N.J. 1, 15 (2009). We defer to the court's factual and credibility findings "so long as those findings … 157 N.J. 463, 471 (1999)). We disregard a trial court's factual and credibility findings only if clearly mistaken. …