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… rules specifically exclude evidence that a defendant has committed a prior crime when it is offered only to show that … for probable cause if there is "a substantial basis" to credit it. Ibid. In evaluating an informant's tip, "an … he was entitled to a Franks hearing based on the denial posited in his affidavit. We review the court's decision …
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… Adam Nachman, argued the cause for respondent (Sirlin Lesser & Benson, PC, attorneys; Adam Nachmani, of counsel … LLC's Rule 4:23-5(a)(2) motion to dismiss plaintiffs' complaint with prejudice for failure to provide responsive … R. 2:6-2(a)(5); See Cherry Hill Dodge, Inc. v. Chrysler Credit Corp., 194 N.J. Super. 282, 283 (App. Div. 1984). …
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… for the reasons set forth by Judge Michael C. Gaus in his comprehensive and well- reasoned oral opinion. Plaintiff … running his own wealth management business on the side." Crediting defendant's unrebutted testimony that plaintiff … Rule 4:49-2 and applying the well-settled legal principles for deciding a motion for reconsideration. As framed by …
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… (2007), we affirm. We will sustain a board's decision "unless there is a clear showing that it is arbitrary, … 80, 99 (App. Div. 2015) (quoting In re Election Law Enf't Comm'n Advisory Op. No. 01-2008, 201 N.J. 254, 262 (2010)). … levels, with the herniation at L5-S1." The ALJ ultimately credited Dr. Berman's rationale for determining Ferrer was …
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… four); and second-degree possession of a firearm while committing a CDS crime, N.J.S.A. 2C:39-4.1(a) (count five). … decision on the motion should not be reversed on appeal unless the decision is shown to be a mistaken exercise of … defendant received eight months of public health emergency credits pursuant to L. 2020, c. 111, which counsel asserts …
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… the decision of the Department of Corrections Office of Community Programs (OCP) denying his release to a … eight-year-term for bail jumping. With the benefit of jail credits, he became eligible for parole in late 2019, but … minimum status in February 2018. That satisfied a prerequisite for assignment 3 A-1962-18T4 to an RCRP. See N.J.A.C. …
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… Dunkin' Donuts across the street from plaintiff's apartment complex, ostensibly to facilitate the exchange of the child. … plaintiff's nanny and defendant's brother. The judge credited plaintiff's testimony over that of the defendant … (citing to Cesare, 154 N.J. at 414). Guided by these principles, we are 10 A-2635-18T3 satisfied there is ample credible …
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… accrued interest of $21,227, for a total of $47,200.83 when combined with the loan principal. The Division informed … process for correcting a failure to follow pension plan rules – in this case, repayment within five years: Restoration … Any member who has at least [three] years of service to his credit for which he has contributed as a member may borrow …
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… of Labor and Workforce Development, Division of Workers' Compensation, Case No. 2017-14400. Danielle S. Chandonnet … legal determinations made by the judge of compensation "unless they are 'manifestly unsupported by or inconsistent … 579). Here, Judge Martino fully articulated his reasons for crediting Dr. Sieler's testimony over that provided by Dr. …
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… and KEVIN WILLIAMS, Plaintiffs-Appellants, v. J.C. PENNEY COMPANY, INC., J.C. PENNEY CORPORATION, INC.,1 SCHINDLER … and fell. Since plaintiffs did not establish the requisite elements required to invoke the doctrine of res ipsa … competing theories of 9 A-3292-18T3 causation." Ford Motor Credit Co. v. Mendola, 427 N.J. Super. 226, 236 (App. Div. …
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… is serving a life sentence for a gruesome homicide he committed in 1987. In the course of committing a residential … segregation, and 365 days of loss of commutation credits. We affirmed that decision. [L.O.] v. Dep't of … takes judicial notice of the New Jersey State Prison website which details precautions being taken by State …
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… Assistant Attorney General, of counsel; Jacqueline R. D'Alessandro, Deputy Attorney General, on the brief). NOT FOR … to establish the type of services provided to her, the compensation she provided for those services, or that the … she gave to the aides, the agency could not award a credit against the transfer penalty commensurate with the …
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… APPELLATE DIVISION DOCKET NO. A-1910-18T1 1ST COLONIAL COMMUNITY BANK, Plaintiff-Respondent, v. TRACEY FARKAS, … Super. 379, 389 (App. Div. 2009) (quoting First Atl. Fed. Credit Union v. Perez, 391 N.J. Super. 419, 432 (App. Div. … interest in assuring that the safe-harbor prerequisites to fee- shifting is strictly enforced." Ibid. (citing …
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… not disturb [the Board's] determinations or findings unless there is a clear showing that (1) [the Board] did not … is discretionary. In re Xanadu Project at the Meadowlands Complex, 415 N.J. Super. 179, 188 (App. Div. 2010); In re … Should a member, after having established [ten] years of creditable service, be separated voluntarily or …
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… in Judge Butehorn's decision. We add the following comments. H.N. and M.N. married on November 29, 2015. One … his extensive June 14, 2018 oral decision, Judge Butehorn credited M.N.'s testimony, but found H.N.'s credibility to … the judge found: [D]efendant's demeanor was the polar opposite. His answers were short in manner, consistent with …
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… from the Superior Court of New Jersey, Law Division, Middlesex County, Indictment No. 14-04- 0446. Joseph E. Krakora, … in accordance with an agreement that the State would recommend a non-custodial term of probation and dismiss all of … charged with violating probation, received 186 days of jail credit and was sentenced to continued probation. On or …
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… verbatim dispatch: "All will be advised with [sic] two males stepping off from that area. They were going eastbound … ordered the male, 4 A-4896-17T2 N.H., to the ground. N.H. complied, was handcuffed and frisked; Spencer seized the … resulted in the seizure of the gun from N.H. From Bryant's credited testimony, and his review of the body-cam and …
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… and told the Division she feared father. The Division recommended psychological evaluations for the family, but … home. Following the emergency removal, the Division filed a complaint detailing those events and the family's history … permit her placement in that program. Conversely, the judge credited the testimony of the Division's expert, finding his …
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… BEEN SUPPRESSED BECAUSE THE APPARENT DRUG SALE BY WITTER'S COMPANION DID NOT GIVE THE POLICE PROBABLE CAUSE TO ARREST … began to walk away from the vehicle in the direction opposite from that which Hubert took.1 1 Although the trooper … the trooper had probable cause to arrest defendant, credited the trooper's testimony about his "significant …
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… of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition No. 2011-17344. Joseph Michael … reason to reverse th[e] judgment." Bellino v. Verizon Wireless, 435 N.J. Super. 85, 95 (App. Div. 2014) (citing Smith … Here, the compensation judge articulated his reasons for crediting Dr. Grob's testimony, including the doctor's …