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njcourts.gov
… The decedents, who died in 2011 and 2012, had four children: The co- executors; Richard (who is not involved in … but prohibited them from appealing the court's determination about the exceptions In a related document, the … judge abused her discretion because her findings were unsupported by substantial credible evidence. They also …
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njcourts.gov
… defendant was overwhelming." Winton, slip op. at 6. That determination also scotches defendant's argument in this case … Moreover, defendant has not proffered any evidence to support his contentions that the CAD report was flawed or … A "defendant must allege specific facts and evidence supporting his allegations," State v. Porter, 216 N.J. 343, …
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njcourts.gov
… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … 31 (2007)). We will uphold a trial court's evidentiary determination unless its "finding was so wide of the mark that … factors. When reviewing a trial court's sentencing determination, we apply a "deferential" standard of review. …
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njcourts.gov
… dated November 17, 2016, and April 12, 2018, in support of his petition. In his certifications, defendant … when the defendant has established a prima facie case in support of PCR, the court has determined there are material … was deficient. The record also supports the court's determination that defendant failed to show he was prejudiced …
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njcourts.gov
… had any conflict of interest. We affirm because the record supports that finding. I. In 2017, defendant Hard Cheese … the Mayor's testimony, the Applicant presented its case in support of the use and bulk variances. To support its variance requests, the Applicant first presented …
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njcourts.gov
… defendant also submitted an affidavit of indigency to support his request for representation by the Office of the … the State's theory of culpability against defendant. In support of this claim, PCR counsel included certifications … 102, 110 (App. Div. 2014). The PCR judge must make this determination based on factual findings 18 A-2214-16T1 …
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njcourts.gov
… The petitioner must allege specific facts sufficient to support a prima facie claim. Ibid. The petitioner must … and brief could not have been discovered earlier.3 In support of that fact-sensitive determination, the PCR court relied on a letter from defendant …
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njcourts.gov
… Salas noted plaintiff failed to provide "any case law in support of his contention that he is entitled to … precludes him from doing so. Further, we reject as unsupported the premise the original security agreement … statute, N.J.S.A. 2A:15- 59.1, and Rule 1:4-8(b). In support, defendants relied on a letter dated September 12, …
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njcourts.gov
… within the terms of the pretrial memorandum," which would support a ten-year maximum supervisory period. … twenty-three years. We discern no error from these determinations. Defendant challenges the court's merger determination by claiming that counts two and three are not …
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njcourts.gov
… which we 'must uphold . . . so long as those findings are supported by sufficient credible evidence in the record.'" … (citation omitted). We review de novo the judge's pure determinations of law, State v. Mann, 203 N.J. 328, 337 (2010) … Through our review of the record, the court's findings are supported by sufficient credible evidence and proper …
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njcourts.gov
… into evidence of an expert's conclusions that are not supported by factual evidence or other data." State v. … were doing the correct job. When asked if he ever made a determination as to whether the person operating the forklift … in many cases a duty of care can arise simply from the determination of the foreseeability of harm, usually more is …
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njcourts.gov
… the record. Plaintiff was one of Willard Jacobs Sr.'s seven children. In 2003, Willard Sr. executed a power of attorney … deposits to Thomas's accounts. Ambrosio's opinion was unsupportable because he was unaware Fernandez ultimately … in [a] foundation and consisting of bare conclusions unsupported by factual evidence is inadmissible. The rule …
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njcourts.gov
… days of the verdict as required by Rule 3:21-4(e). In support of the motion, the State certified defendant had … outcome or when inadvertent errors mistakenly impacted a determination of guilt or otherwise wrought a miscarriage of … show 'that an error or violation played a role in the determination of guilt.'" Ibid. (quoting Nash, 212 N.J. at …
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njcourts.gov
… property. According to plaintiff's certification filed in support of summary judgment, he opened a joint checking … 29, 2023, plaintiff filed a motion for summary judgment, supported by a statement of uncontested material facts and a … the circumstances, we are convinced to render a proper determination on the court's order denying reconsideration we …
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njcourts.gov
… defendant was required to hire a private investigator to support this claim; and (3) drawing a negative inference … rejection of defendant's cohabitation defense, and its determination concerning defendant's election not to testify … earlier in the day, certainly lends this [c]ourt to a determination that in fact there was a form of harassment on …
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njcourts.gov
… PCR petition. I. We note at the outset that our determination of defendant's PCR appeal is somewhat … hearing. 4 A-0151-23 Defendant's certification in support of his PCR petition sets forth that he did "not … 181 N.J. 391, 421 (2004)). However, "the PCR court's determination to proceed without an evidentiary hearing" is …
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njcourts.gov
… following facts from evidence submitted by the parties in support of, and in opposition to, the summary judgment … him and for summary judgment on his two counterclaims. In support, he submitted 7 A-0369-21 various exhibits, … the February 28, 2013 note and mortgage ab initio. In a supporting certification, plaintiff averred that defendant …
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njcourts.gov
… impact the riparian zone, and Tuscany's alleged failure to support its amended application with an accurate survey. … was clearly substantial evidence to support the Board's determination that the requirements for the variance relief … in the record." Ibid. However, a zoning board's legal determinations are subject to de novo review. Jacoby v. Zoning …
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njcourts.gov
… testimony and evidence, and making detailed credibility determinations, the trial court entered an FRO on September 6, … the findings of a trial court "are binding on appeal when supported by adequate, substantial, credible evidence." … PDVA should issue, a trial court must make two distinct determinations. Silver v. Silver, 387 N.J. Super. at 125-27. …
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njcourts.gov
… never filed a notice of claim as required by the TCA. In support of its argument plaintiff failed to comply with the … not be liable for any injury occurring on that property. In support of its application, Morristown provided its tax … and its reconsideration application. In light of our determination, we need not address MHA's argument that the …