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njcourts.gov
… is now time-barred, we reverse the order and remand for a determination of counsel fees and costs for trial level … prosecution of meritless claims that had no evidential support whatsoever for the cogent reasons stated by the … shall be served and filed within [ten] days after the determination of the appeal. The application shall state how …
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njcourts.gov
… point in the litigation." The statement is factually unsupported and legally erroneous. Here, plaintiff sought … week, after which the matter would be contested. We find no support for the claim plaintiff acted to mislead defendant … 375 N.J. Super. at 220. Yet, these facts at hand do not support evidence suggesting default judgment be vacated …
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njcourts.gov
… hearing only when he "has presented a prima facie [case] in support of [PCR]," State v. Marshall, 148 N.J. 89, 158 … knowingly, and voluntarily. There is no basis whatsoever to support defendant's contention that his counsel misled him … it did not identify an apartment number. The affiant supported the warrant request with photographs of the …
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njcourts.gov
… May 18, 2017. Plaintiff and defendant are divorced. Three children were born of the marriage. On April 18, 2017, … unless [we are] convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … (citing N.J.S.A. 2C:25-29(a)). The court should make this determination "in light of the previous history of violence …
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njcourts.gov
… substantial prior criminal history, the record amply supported the trial judge's conclusion that aggravating … factor 11 because defendant lived with two of his children and supported a third. Before the failure to … mitigating factor. We review "a trial court's 'sentencing determination under a deferential standard of review.'" State …
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njcourts.gov
… mold developed. In a certification submitted in support of BMC's motion and in opposition to plaintiff's … ARE APPLICABLE TO BAR COVERAGE AND THEREFORE, CANNOT SUPPORT SUMMARY JUDGMENT. POINT V: THE TRIAL COURT … into evidence of an expert's conclusions that are not supported by factual evidence or other data.'" Townsend v. …
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njcourts.gov
… of the judgment and for recusal of the motion judge. In support of his recusal motion, defendant argued the judge … was required to file a statement of undisputed facts in support of its motion for summary judgment in accordance … Div. 1970). The mere suggestion of bias is insufficient to support a Rule 1:12-2 motion—the cause of disqualification …
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njcourts.gov
… moved to quash the subpoena and for a protective order. In support of his motion, appellant submitted a six-paragraph … any of the plaintiff entities. Appellant also submitted in support of his motion the certifications of his attorney, … to prove or disprove any fact of consequence to the determination of the action." N.J.R.E. 401. "[I]t is not …
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A-35-24 Reply Brief
Briefs
njcourts.gov
… of Environmental Protection REPLY BRIEF IN FURTHER SUPPORT OF THE PETITION FOR CERTIFICATION ON BEHALF OF … through individual conveyances. Not only will such a determination affect all waterfront properties on West Point … 12:3-13. Again, the plain language of the statute does not support an interpretation that the TRC may change the …
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njcourts.gov
… parties' testimony and evidence, and making credibility determinations, the trial court entered an FRO, finding … was not satisfied because there was no evidence to support the allegation. In reaching its findings, the court … to the PDVA, a trial court must make two distinct determinations. Silver, 387 N.J. Super. at 125-27. First, the …
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njcourts.gov
… counsel that it reviewed defendant's application and supporting documents for admission but decided it would not … to provide extraordinary and compelling circumstances in support of admission into the PTI program, the Prosecutor's … we cannot second-guess the Prosecutor's Office in its determination to give certain factors certain weight. Here, …
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njcourts.gov
… derive the following facts from the evidence submitted in support of, and opposition to, the summary judgment motion, … POINT II: THE OPINION OF THE NO-FAULT ARBITRATOR WAS NOT SUPPORTED BY THE [C]ASE UPON WHICH HE RELIED, AND THE JUDGE … . . . [we] afford[] no special deference to the legal determinations of the trial court." Templo Fuente, 224 N.J. at …
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njcourts.gov
… Paul Suozzo appeals from a final administrative determination issued by respondent Board of Trustees of the … decision was not arbitrary, capricious, unreasonable, nor unsupported by the law or the facts in the record, we affirm. … Law. In a January 12, 2024 final administrative determination, the Board affirmed its prior decision denying …
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njcourts.gov
… -35. Because the trial judge made appropriate credibility determinations, his factual findings are supported by substantial credible evidence, and those facts … We defer to the judge's factual findings and credibility determinations in a bench trial. Having reviewed the record, …
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njcourts.gov
… ineffective assistance from his assigned trial counsel. In support of this contention, he certified 1) counsel … deference to a PCR court's factual findings when they are supported by sufficient credible evidence. Ibid.; State v. … or certification of [the alibi witness] that would support [his] alibi."). The court denied an evidentiary …
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njcourts.gov
… the findings of a trial court "are binding on appeal when supported by adequate, substantial, credible evidence." … and "[c]ommon sense and experience may inform that determination." State v. Hoffman, 149 N.J. 564, 577 (1997). It … of harassment. Ibid. The trial court here made the very determinations lacking in N.B., rendering N.B. inapposite and …
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njcourts.gov
… The petition must allege specific facts sufficient to support a prima facie claim. Ibid. It must also present such … only when a defendant establishes a prima facie case in support of PCR; the court determines 6 A-3153-20 there are … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." …
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njcourts.gov
… denied. The judge's opinion aligned with the chief's determination 7 Appellant's brief incorrectly states that the … bound to accept the trial court's fact findings if they are supported by substantial credible evidence. In re Return of … N.J. Super. 524, 535 (App. Div. 2004). In reviewing such determinations, we accept the trial court's fact findings so …
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njcourts.gov
… but his testimony does not figure in the trial court's determination or ours , because it pertained to a violation … is 'sufficient credible evidence . . . in the record' to support the trial court's findings." State v. Robertson, 228 … Johnson, 42 N.J. at 162). However, our review of legal determinations is plenary. See State v. Kuropchak, 221 N.J. …
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njcourts.gov
… plaintiff "failed to cite any evidence in the record to support his conclusion beyond simply" there was a hole in … Finally, the motion judge highlighted the only evidence in support of plaintiff's opposition were the photographs … the judge's analysis regarding the photographs submitted in support of the motion. On May 16, 2022, the motion judge …