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… an undue hardship waiver of the penalty. The Assistant Commissioner of DMAHS upheld an initial decision by an … "some legally competent evidence must exist to support each ultimate finding of fact to an extent sufficient to provide … C. Lastly, M.K. argues DMAHS failed to address his due process arguments. He argues MCOTA's February 1, 2023 denial …
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… and injure herself. After defendants timely answered the complaint, the parties engaged in discovery. During … column while the railing on the left side terminated completely." Witczak concluded the "numerous hazardous … stepping onto a non-maintained slippery surface that ultimately resulted in her fall. . . . . Based on these …
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… was charged as a juvenile with delinquency for acts that if committed by an adult would constitute first-degree … for defendant's guilty pleas, the State agreed to recommend a sentence of fifteen years in State Prison, subject … alleged in the light most favorable to the defendant, will ultimately succeed on the merits.'" Porter, 216 N.J. at 355 …
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… me. Dispatcher: What's your first name? I have officers coming out there. Caller: [Jane J-A-N-E.] And my last name … . . . that might well elude an untrained person. The process does not deal with hard certainties, but with … against traffic, whom he stopped pursuant to Terry. Ibid. Ultimately, the two men admitted that they had stolen the …
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… in status from owner to employee, defendant's annual income dropped substantially. He then moved to reduce his alimony based on his new lower income. The motion judge denied his 2015 post-judgment motion … Id. at 570-72 (citing Deegan, 254 N.J. Super. at 358-59). Ultimately, a reduction in income may not always justify …
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… the 9-1-1 operator, defendant performed CPR on the child, compressing her chest and breathing into her mouth. She did … the judge gave jurors during the jury-selection process and when they were first impaneled after jury … alleged in the light most favorable to the defendant, will ultimately succeed on the merits.'" Porter, 216 N.J. at 355 …
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… endangering the welfare of a child and sexual contact, acts committed against his granddaughter. Among the proofs … Worth's active involvement in arriving at the home and ultimately seizing the tissue from the wastebasket. The New … the police "took no affirmative steps to secure legal process" independent of the illegal search. State v. Camey, …
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… Mahalchick, an eighty-one-year-old woman with multiple comorbidities, was taken and admitted to the emergency room … and CAT scan report. No one requested that Dr. Chung-Loy come into the hospital that evening. Dr. Chung-Loy had the 4 … failing to serve its expert report timely. We held that the ultimate sanction of dismissal 16 A-3356-22 with prejudice …
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… ninety days and permitting plaintiffs to file a motion to compel outstanding discovery. Plaintiffs state that in late … inaccurate facts. The 775-day extended discovery period ultimately expired on June 26, 2023. On July 14, the trial … trial court's "exercise of discretion requires a two-step process [to evaluate]: whether the non-moving party will be …
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… of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition No. 2021-19450. Randolph Brause … and thereby "threaten[] the integrity of our judicial process." State v. Tucker, 264 N.J. Super. 549, 554 (App. … set forth the "objective and subjective bases for the ultimate decision." Magill v. Casel, 238 N.J. Super. 57, 65 …
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… use." Oceanport's Zoning Officer determined Gigi's "complie[d] [with the Borough's Zoning Code] as per [the 1984 … Gigi's has no dining tables and the interior space accommodates about two customers. Unlike the prior pizza … property owner [asserting the pre-existing use] has the ultimate burden with respect to the issue of abandonment as …
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… we reversed the trial court's dismissal of plaintiffs' complaint and remanded for the court to make appropriate … not the plaintiffs, the court held plaintiffs were not the "ultimate consumer of the goods" under the CFA. Under these … account any negotiation, bidding, or request for proposals process; (2) the identity and sophistication of the parties, …
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… eight through eleven); second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2and N.J.S.A. 2C:15-1(a)(1) to … standard of care had a material impact on defendant's ultimate decision during trial to accept the plea agreement. … representation constitutes a breakdown in the adversary process that renders the result unreliable.'" Gideon, 244 …
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… New Jersey Department of Legalized Games of Chance Control Commission, Division of Consumer Affairs. Jeffrey Peter … qualifications as part of its separate licensing process. Specifically, Commission employees photographed … Div. 2019). "[A] mere cataloging of evidence followed by an ultimate conclusion of liability, without a reasoned …
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… these guys would get under that influence. There's no—pain compliance is big. If you don't have pain compliance when you're trying to subdue the subject, I mean, … I can't say whether that was the very moment or not." Ultimately, the suspect was subdued, handcuffed, and …
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… sure where she would go after discharge, and she was in the process of applying for housing and food stamps. She … verbal consent for the transfer, but Ann declined to come to the hospital in person to complete the 4 A-3565-22 … v. R.L.M., 236 N.J. 123, 145 (2018). "The question ultimately is not whether a biological mother or father is a …
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… not reasonably 5 A-0950-23 probable that the gunshot had come from defendant's location as seen in the video footage. … see paragraph nine of the November 17, 2022 certification accompanying his PCR petition that he 9 A-0950-23 signed. In … The expert's testimony raised genuine questions which ultimately may have affected the results of the proceeding. …
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… midnight on June 6, 2022. Lichty, then assigned to the Community Impact Division (CID), had been employed by the … v. Smith, 134 N.J. 599, 618 (1994); see also State v. Bacome, 228 N.J. 94, 106 (2017). [T]he officer need point only … predictions[.]" The analysis in any given case turns ultimately on the totality of the circumstances. [Rodriguez, …
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… issues before us. This case involves a robbery and theft committed on the same day in Maple Shade Township. On June … when it tracks the model jury charge verbatim because the process to adopt model jury charges is 'comprehensive and … determine the procedure sufficiently reliable, the jury ultimately decides the question. The model and supplemental …
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… Bergen Homes LLC (Great Bergen Homes). The lease was to commence September 15, 2019, and end September 14, 2020, … multiple procedural, evidentiary, constitutional, and due process arguments in favor of reversal including: 1) the … opinions, oral decisions, . . . or reasons given for the ultimate conclusion.") We grant deference to the trial …