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… 2013-B, and denying defendants' motion to dismiss the complaint and their subsequent motions for reconsideration. … on May 5, 2009. 3 A-4947-14T2 According to plaintiff's complaint, Palifrone defaulted on DFG's loan when he failed … of orders, as well as claims arising under the Fair Foreclosure Act, N.J.S.A. 2A:50-53 to -68, and the Fair …
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… 1 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS Date: February 27, 2020 Virginia … to the Tax Court. Because Ms. Garofalo failed to overcome the presumption of correctness of the Board’s decision, … which is defined as the value the property would bring at a fair, bona fide, and uncoerced private sale.” Pantasote Co. …
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… dismissed. As part of the agreement, the State agreed to recommend a sentence of a flat three years, subject to various … facts." Id. at 158. Nor has defendant persuasively shown "fair and just reasons" for withdrawal. Id. at 159. Most … caused to that victim by resurrecting the case. 8 A-3981-21 Lastly, there is no evidence that defendant requested his …
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… arbitration. In October 2019, the district fee arbitration committee issued an arbitration determination requiring … outstanding fee. In July 2022, Saadeh, LLC filed a verified complaint and order to show cause in the Law Division … their clients generally are enforceable as long as they are fair and reasonable. Id. at 6 A-0271-22 240. In addition, we …
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… DARRAN CASSAR, Petitioner-Appellant, v. NEW JERSEY RACING COMMISSION, Respondent-Respondent. … morphine and hydromorphone were listed in the ARCI Uniform Classification Guidelines for Foreign Substances and … of morphine. 5 A-4613-16T1 shocking to one’s sense of fairness.’” Id. at 28-29 (quoting In re Polk, 90 N.J. 550, …
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… (1963)). "The quality of counsel's performance cannot be fairly assessed by focusing on a handful of issues while … magnitude as to thwart the fundamental guarantee of [a] fair trial.'" Id. at 314-15 (quoting State v. Buonadonna, …
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… DOCKET NO. A-3642-16T4 DEUTSCHE BANK NATIONAL TRUST COMPANY AMERICAS, AS TRUSTEE FOR MORTGAGE ASSET-BACKED … to plaintiff and the notice plaintiff provided violated the Fair Foreclosure Act (FFA), N.J.S.A. 2A:50-53 to -73. Louis … . . . under the same standard as the trial court." Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co. of …
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… bail bondsman's responsibility is to ensure that his client comes to court when required and in this particular instance … Failure To Appear. G. Intangible Element Of Harm to the Community And Commission of Crime While A Fugitive. "[T]he … 574-75 (App. Div. 2017). Factfinding is "fundamental to the fairness of the proceedings and serves as a necessary …
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… made to the trial court that "a scrivener's error in classification at the county jail resulted in a hardship of … toward his federal sentence which did not begin until he completed 1 Defendant agreed to an extended-term state … plea bargain; and (4) whether withdrawal would result in unfair prejudice to the State or unfair advantage to the …
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… 1 An "open plea" is a plea "that d[oes] not include a recommendation from the State, nor a prior indication from the … N.J.S.A. 2C:44-1(a)(3) ("[t]he risk that the defendant will commit another offense"); and aggravating factor nine, … and offender-rehabilitation, and thoughtfully establish a fair and reasonable amount of restitution and method of …
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… things, defendant asserted that the attorney failed to (1) communicate with him; (2) conduct an 3 A-3140-17T4 adequate … on his petition. At its conclusion, the judge rendered a comprehensive written decision denying defendant's petition. … He also alleged he told the attorney that the Veterans Affairs (VA) Hospital had records that would support these …
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… one must have a knowing intentional control of that item accompanied by a knowledge of its character. So, a person who … the jury instructions I gave, as well 5 A-5489-16T2 your common sense, to determine if Mr. Armstrong owned, … JURY WITH ANY ADDITIONAL GUIDANCE DEPRIVED DEFENDANT OF A FAIR TRIAL AND REQUIRES REVERSAL OF THE CONVICTION. …
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… errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable." Ibid. That … ineffective, the Supreme Court has stated: PCR counsel must communicate with the client, investigate the claims urged by … PCR counsel had not even reviewed the file, based on comments to the court in oral argument that betrayed …
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… well as his work history in law enforcement, and numerous commendations. Buggé's work history included working for the … 4A:4-2.10. Mr. Buggé's conviction related to a preparatory class that he taught to police candidates. In particular, the … arbitrary, capricious or unreasonable, or that it lacked fair support in the evidence.'" In re Carter, 191 N.J. 474, …
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… but also that the deficiency prejudiced his right to a fair disposition of the charges. See Strickland v. … sentencing exposure that prevents defendant from making a fair evaluation of a plea offer and induces him to reject a … himself, a plan in which the trial court could not be complicit. State v. Taccetta, 200 N.J. 183, 195-96 (2009) …
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… ran thirteen separate businesses, and possessed various commercial real estate holdings. In 1994, Gennaro and Helen1 … under Rule 4:46 that governed the motion court. See Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co. of … issue of the malpractice claim has already been "fully and fairly litigated," and cannot be "subject to relitigation …
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… Our review of questions of law is, of course, de novo. Nicholas v. Mynster, 213 N.J. 463, 478 (2013); Manalapan Realty, LP v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995). On appeal, … and the harm sought to be prevented is "serious," it is fair to impose a duty. In the final analysis, the …
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… District (Regional School District), where she worked as a computer teacher. In 2011, the Regional School District's … allowed inappropriate photographs to be displayed in her classroom[,]" publically discussed a student's financial … ONE IMPOSING FORFEITURE IN THIS CASE IS EXCESSIVE AND UNFAIR. POINT TWO N.J.S.A. 18A: 66-36 AS APPLIED IN THIS CASE …
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… about the lover who left him and why he wanted to commit suicide. The couple offered defendant dinner but he … he told defendant that one of their children might call or come over. Defendant told the couple 3 A-0847-15T2 it would … to terrorize them so they wouldn't try to leave. Is that fair to say? The purpose of your conduct, by telling them …
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… the school district argues that the arbitrator did not fairly or fully consider its opposition to plaintiff's … 6, 2015, plaintiff moved for a summary decision; the Commission referred the charges and the summary- decision … that such interim relief could only be considered by the Commissioner; plaintiff's counsel argued the arbitrator had …