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… "[o]ne should anticipate that a sliding gate would jam or become inoperable, this is part of the usual job duties of … event." Ibid. (emphasis added). Likewise, a gym teacher who develops arthritis "from repetitive effects of his … testified, the gate had smoothly slid on its track in the past. There is no evidence in the record of prior incidents …
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… unemployment benefits must be reduced due to her pension compensation. The second appeal challenges the Board's … 299 N.J. Super. 671, 674 (App. Div. 1997) (citing Fischer v. Bd. of Review, 123 N.J. Super. 263, 266 (App. Div. … is a most unfortunate consequence, albeit a necessity in order to preserve the broader public interest in the …
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… Bolebruch appeals from a May 14, 2018 order dismissing his complaint against defendant Nicholas G. Angelucci for … or had his/her license suspended or revoked within the past [thirty-six] months[.] If yes, please indicate the … required to decide whether plaintiff operated with a requisite scienter rule, nor determine whether the …
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… APPELLATE DIVISION DOCKET NO. A-1544-17T1 ZVI E. SELLA, Complainant-Appellant, v. NEW JERSEY REAL ESTATE COMMISSION, … In re Vey, 272 N.J. Super. 199, 205 (App. Div. 1993)). "In order to reverse an agency's judgment, [we] must find the … license held . . . shall . . . attend a licensed school and pass the State examination prior to issuance of a further …
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… possession of hollow point bullets and six months on the disorderly persons charge of resisting arrest, which the judge … Elders, 192 N.J. 224, 243 (2007). When defending a warrantless search, the State bears the burden of establishing by a … life for a substantial period of time before the commission of the present offense." N.J.S.A. 2C:44-1(b)(7). …
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… ______________________________ 1 The insurance company defendant was incorrectly identified in the … Guttmann, and Thomas Loikith appeal from a March 19, 2018 order granting summary judgment in favor of defendant … property, Merriam-Webster Online Dictionary (last visited Apr. 29, 2019). In accordance with these definitions, …
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… appeal from Superior Court of New Jersey, Law Division, Middlesex County, Indictment No. 88-01- 0039. Robert M. Harmon, … juvenile delinquency, N.J.S.A. 2A:4A-23, for acts that, if committed by an adult, would constitute murder, robbery and … on appeal: POINT I: THE LOWER COURT ERRED IN ITS DENIAL ORDER OF APPELLANT'S MOTION TO CORRECT AN ILLEGAL SENTENCE …
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… CURIAM Defendant Peter Rallis appeals from a June 18, 2018 order denying his post-conviction relief (PCR) petition. We … scale, an electric money counter, a ledger of narcotics sales, and other contraband. 3 A-5356-17T3 Defendant and his … alleging the judge who issued the warrant was biased, to compel the State to divulge the identity of the CI, for a …
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… Krakora, Public Defender, attorney for appellant (Elizabeth Cheryl Jarit, Assistant Deputy Public Defender, of counsel … to do a random license plate inquiry. He used his on-board computer system, entered the plate number, and learned that … refusal conviction; and S-2A, which is a related court order and certification. S-2 verified defendant's refusal …
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… weight of the evidence shall not be cognizable on appeal unless a motion for a new trial on that ground was made in the … 262 N.J. Super. 487, 512 (App. Div. 1993), there is no compelling reason to do so here. 1 Although defendant … convictions for contempt of a domestic violence restraining order. The court found aggravating factors three, risk of …
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… OF ATLANTIC and ATLANTIC COUNTY DEPARTMENT OF FAMILY AND COMMUNITY DEVELOPMENT, Defendants-Appellants. … of Atlantic and Atlantic County Department of Family and Community Development (collectively, the County) appeal from a June 26, 2018 order determining the County waived the right to challenge …
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… Alvarez crashed into a utility pole, severely injuring her passenger, A.D., a close friend. The State initially charged … "injurious consequences" to the victim; and the only way to combat the societal problem of drunk driving and the … factors, or (c) amounted to a clear error in judgement. In order for such an abuse of discretion to rise to the level …
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… Defendant Ibn Muhammad1 appeals from the September 20, 2018 order denying his petition for post-conviction relief (PCR). … Bio noted he had a discussion with defendant that "bordered on begging" his client to accept the State's plea … demonstrated how his attorney's actions prejudiced the outcome of defendant's trial. Credibility is for the factfinder …
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… cord. In June 2018, the SWSP Institutional Classification Committee (ICC)1 denied Norman's request to reduce his … status. According to Norman, an ICC member told him regardless of any of the regulatory factors or favorable results … relates to the best interests of the inmate or the safe, orderly operation of the correctional facility or the safety …
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… plaintiffs' vehicle. 1 Plaintiffs are married and share a common surname. We, therefore, refer to each plaintiff by … "due regard to the opportunity of the 7 A-3387-22 jury to pass upon the credibility of the witnesses," R. 4:49-1(a), … Real Est. Grp., Inc., 162 N.J. 449, 464 (2000) (quoting Fischer v. Canario, 143 N.J. 235, 254 (1996)). Therefore, "[i]n …
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… damages. After a four-day bench trial, the judge entered an order for damages based on defendants' refusal to remove, or … delay, the fire escape was removed and construction was completed. In the interim, the property sustained … for the damages caused by the fire escape encroachment (trespass) because it was on the building when they purchased it …
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… be convicted of the lesser[-]included crime of criminal trespass rather than burglary." (Emphasis added). The judge … GUILTY OF LESSER- INCLUDED OFFENSES, WHICH WAS OPPOSITE TO A CLAIM RAISED IN THE PCR PETITIONS. (Not Raised … were not allegations of substantive legal errors contained completely within the trial record, see State v. Quezada, …
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… Defendant Antwan Shannon appeals from the June 2, 2015 order of the Law Division denying his third petition for … medications she was prescribed for a psychiatric disorder; and (3) induced defendant not to testify by … trial court, which dismissed the first PCR petition as meritless. We affirmed that decision. Defendant attempts to …
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… Mark Bond appeals from a February 21, 2018 Law Division order denying his petition for post-conviction relief (PCR) … failing to pay court- imposed financial obligations; and 6) committing a new offense, obstructing the administration of … with the ability to attend Drug Court and receive a lesser sentence of parole ineligibility had he successfully …
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… STATE OF NEW JERSEY, Plaintiff-Respondent, v. JALONN LASSITER, Defendant-Appellant. ____________________________ … Lassiter appeals from the April 11, 2018 Law Division order denying his petition for post-conviction relief (PCR) … Jury indicted defendant for second-degree conspiracy to commit second-degree burglary, N.J.S.A. 2C:5- 2, 2C:18-2; …