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… the goods were not defective nor returned or revoked. Credit was given to Seaboard for all payments, counterclaims … balance of $59,000. In February 2015, Mauro filed a complaint against Seaboard. Seven months later, Seaboard … corroborative proof of the oral agreement's existence in refutation of Mauro's denial. Further, if the discovery period …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4911-15T1 WILLIAM WESTPHAL, … receiving benefits equal to fifty-nine percent of his final compensation, based on twenty-three years of PFRS service credit. If petitioner had been granted involuntary …
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… denying him parole and imposing a ninety-six-month future eligibility term (FET). We affirm. In January 1987, a … determined a ninety-six-month FET was appropriate. In a comprehensive decision, the panel noted: (1) the serious … be reduced by any commutation, work, or minimum custody credits appellant earns. Accordingly, appellant's projected …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3307-16T4 STATE OF NEW JERSEY, … the occupants of the store from leaving while two of his accomplices removed jewelry from the cases. Although he was … claims lacked merit. Among other things, the judge credited counsel's recollection that "he and the defendant …
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… is limited. R. 1:36-3. 2 A-3273-16T2 setting a 120-month future parole eligibility term (FET) was arbitrary and … its increasing seriousness and (3) his prior opportunity on community supervision. Acknowledging that only five years … them serious, resulting in the loss of 330 days commutation credit and placement in detention, lock-up and …
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… Miranda hearing, counsel said he wanted the statement to come in, but had concerns regarding differences in the … to investigate, and generally failed to take steps to refute the State's case. 7 A-2938-15T2 To establish … in the trial record. Cherry Hill Dodge, Inc. v. Chrysler Credit Corp., 194 N.J. Super. 282 (App. Div. 2015) …
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… RECORD IMPOUNDED SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NOS. A-0060-17T3 A-0456-17T3 NEW … care and supervision of Dylan. The Division also filed a complaint for custody of Natalia and care and supervision of … detailed credibility and factual findings. Judge Paganelli credited Natalia's testimony concerning the sexual abuse and …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0938-15T3 CRAIG ROGERS, … failed to meet "his burden of presenting sufficient competent and credible evidence of facts essential to his … was connected to other mats with duct tape. The ALJ did not credit petitioner's testimony. 8 A-0938-15T3 Under the …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1079-16T2 STATE OF NEW JERSEY, … Defendant applied to PTI and the PTI program director recommended he be admitted.2 The Prosecutor's Office, in a … not believe all evidence favorable to a defendant, and may credit the State's anticipated proofs. Lee, 437 N.J. Super. …
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… denying his parole and imposing a ninety-six-month future eligibility term ("FET"). We affirm. In December … programs, achieved minimum custody status, and had commutation time restored. 2 See N.J.A.C. 10A:71-3.21(d) … be reduced by any commutation, work, or minimum custody credits earned. See N.J.S.A. 30:4-140; N.J.S.A. 30:4-92. …
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… friend or to go to Shop-Rite." Susan did not testify nor refute the Division's testimony. The judge pointed to the … safe and stable home, N.J.S.A. 30:4C-15.1(a)(2), the judge credited the testimony of the Division's expert Dr. Frank … experts. Though she noted that "none of the three experts recommended reunification at this time and each acknowledged …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4531-17T2 KEVIN LONERGAN, … or b. who have retired after 25 years or more of service credit in a State or locally administered retirement system … the CBA constituted an "installment contract ," serving to commence the statute of limitations anew when the Township …
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… RECORD IMPOUNDED SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3935-16T4 STATE OF NEW JERSEY, … State's expert and his own expert agreed that defendant was competent to stand trial on the charges. On the first day of … that the judge give defendant a suspended sentence, with credit for time served. Defendant would also be placed on …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4664-17T4 CHRISTINE BERTOLINI, … address her concerns, and she became the subject of false complaints about her performance. Citing "the hostile work … 58 N.J. 341, 344 (1971). Bertolini also contends the Board credited the contradictory testimony of the BOE's …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4549-19 STATE OF NEW JERSEY, … one count of first-degree carjacking in exchange for a recommended twelve-year sentence subject to the periods of 3 … conclusive tests could not have been ordered." The judge credited defense counsel with having brought attention early …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1783-20 STATE OF NEW JERSEY, … assistance (IAC) because he failed to adequately communicate with defendant and failed to file a motion, … potential for asserting self-defense at trial, the judge credited plea counsel's testimony that it was not "a viable …
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… wife of JOSE RODRIGUEZ, DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE ON BEHALF OF MORGAN STANLEY ABS CAPTIAL I … no change of address on record. Plaintiff inquired with a credit reporting agency, which provided two other Plainfield … counsel and litigants should not be taken up by such a futile proceeding." Guillaume, 209 N.J. at 469 (quoting …
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… RECORD IMPOUNDED SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2989-20 K.T.A., … 2C:25-17 to -35. The Family Part judge found defendant committed the predicate act of harassment, N.J.S.A. … inevitably be a source of conflict"). The judge earlier credited plaintiff's visible expressions of fear and "shock" …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NOS. A-2877-20 A-3106-20 LAURA S. … Family Part's order denying reconsideration of its order compelling him to pay alimony and child support arrears. He … cross-motion, modifying his alimony to $2,500 per month and crediting $22,750 toward his arrears. The court also granted …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3814-18 STATE OF NEW JERSEY, … 11, 2011; an amended judgment reflecting additional jail credits is dated January 20, 2012. 3 A-3814-18 POINT III THE … 387, 400 (App. Div. 2013); R. 3:22-12(a)(1)(A). "Absent compelling, extenuating circumstances, the burden to justify …