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njcourts.gov
… on March 31, 2015, and directed Exquisite to seek a determination from the Borough Council. Exquisite filed an … for the 4 A-2569-15T1 Borough of Freehold (Council) for a determination on the proposed parking plan and change in use. … and there 5 A-2569-15T1 was sufficient evidence to support the decision that the off-site parking scheme did …
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njcourts.gov
… obligated defendant to reimburse plaintiff was not supported by law or logic. The court further found it was … to the de novo standard of review, and the trial court's determination of such issues is accorded no deference. Kaye v. … it is unnecessary for us to address the court's other determination that plaintiff's contract claim lacked merit …
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njcourts.gov
… that there was "absolutely no evidence" in the record to support defendant's bald assertion. This appeal followed. On … The judge's findings should not be disturbed if they are supported by sufficient credible evidence in the record. … we discern no basis for disturbing the judge's reasoned determination denying defendant's motion to suppress the …
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njcourts.gov
… because the judge did not find extraordinary circumstances supporting a late filing of the claim. See generally Zois v. … County and there were no extraordinary circumstances to support a late filing or a finding of substantial … the notice requirements of N.J.S.A. 59:8-4." The motion was supported by plaintiff's and his attorney's certifications. …
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njcourts.gov
… should accept a trial court's findings of fact that are supported by substantial credible evidence. Deference to a … 222 N.J. 249, 263 (2015). C.R. argues the trial court determination was erroneous because there was insufficient … these reasons, we decline to disturb the trial judge's determination. The trial judge's decision to deny C.R.'s …
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njcourts.gov
… The court determined that Zagami’s defamation claim was supported by probable cause and, therefore, Cottrell had no … action. On appeal, the Appellate Division reversed both determinations of the trial court. The panel found that … of state action. The Appellate Division reversed both determinations on appeal. The panel found that Zagami’s …
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njcourts.gov
… IN FAVOR OF REJECTION FROM PTI AND FAILED TO CONSIDER FACTS SUPPORTING ADMISSION, A REMAND FOR RECONSIDERATION IS … evidence presented to the grand jury was insufficient to support the charge of third-degree invasion of privacy since … as to each element of the offense. The Grand Jury testimony supports the State's contention that defendant did not have …
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njcourts.gov
… N.J. 320, 330 (2010). While we review de novo an agency's determination that there are no genuine issues of material … bound by the agency's interpretation of a statute or its determination of a strictly legal issue." Mayflower Sec. Co. … See N.J.A.C. 5:35-1.5. We found nothing in the record to support the Board's conclusion that Zisa's reliance on …
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njcourts.gov
… N.J. at 160. A mere claim of prejudice is insufficient to support a motion to sever. State v. Moore, 113 N.J. 239, 274 … petition and another panel of this court affirmed that determination. Id. at 14-18. 10 A-3660-19 (B) In the … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has …
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njcourts.gov
… OF "NOT GUILTY" ENTERED AS THE FACTUAL RECORD DOES NOT SUPPORT THE LAW DIVISION JUDGE'S DETERMINATION THAT DEFENDANT OPERATED HIS BROTHER'S VEHICLE OR … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
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njcourts.gov
… because the allegations underlining the petition were not supported by any credible factual basis and were hearsay. In … Prosecutor, 171 N.J. 561, 571 (2002)). Attorney's fees determinations will be disturbed "only on the rarest of … rule, we discern no basis to disturb the motion judge's determination that the inclusion of such a request does not …
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njcourts.gov
… "When a trial court admits or excludes evidence, its determination is 'entitled to deference absent a showing of an … the facts or data need not be admissible in evidence. A determination on the admissibility of expert evidence is … in a civil case if "it derives from a reliable methodology supported by some expert consensus." Suanez v. Egeland, 353 …
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njcourts.gov
… . . . [H]e never used a gun on anyone . . . , myself or my children, never threatened me with one. However, they were … for political office and placed a campaign sign in support of his candidacy on the lawn in front of his house. … public health, safety, or welfare." The judge made his determination after "careful consideration of both the …
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njcourts.gov
… hearing. Judge Ravin concluded the trial evidence supported the carjacking conviction as the victim's leg … only when: 1) a defendant establishes a prima facie case in support of PCR, 2) the court determines there are disputed … 2 We disagree as defendant's arguments are factually unsupported by the record and legally meritless. Here, …
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njcourts.gov
… to Rule 1:10-3 to enforce litigant's rights. The motion was supported by a police report stating that on October 18, … by not dismissing Fainman as a defendant; (4) made an unsupported finding that Roe had not verbally issued a permit … interest (not raised below). II. "Our review of '[f]inal determinations made by the trial court sitting in a non-jury …
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njcourts.gov
… case." He also noted the Estate had limited evidence to support its contention the transfer of shares from Amratlal … evidence offered at a trial would likely result in a determination that Amratlal's transfer of shares to Bharat was … Estate's interest in the Burlington County litigation. In a supporting certification, the Administrator explained the …
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njcourts.gov
… defendant failed to submit an affidavit or certification to support them. Defendant has yet to explain what exculpatory … OF NEW PCR COUNSEL TO INVESTIGATE AND PRESENT EVIDENCE IN SUPPORT OF HIS PCR PETITION 6 A-2161-19 Because we affirm … be remanded for the appointment of a new PCR counsel. In support of that contention, defendant attributes his failure …
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njcourts.gov
… "[t]here is nothing in the record to 5 A-3559-17T4 support [M.H.'s] claim of separation." In addition, the ALJ … recommendation. The Director agreed with ALJ Calemmo's determination M.H. failed to provide the information necessary … 234 N.J. at 158 (alteration in original) (quoting Dep't of Children & Families, Div. of Youth & Family Servs. v. T.B., …
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njcourts.gov
… of a PCR is whether the judge's findings of fact were supported by sufficient credible evidence. State v. … are convinced the trial judge's findings are overwhelmingly supported by the record, including his finding that each of … Id. at 690. There is sufficient evidence in the record to support the denial of a PCR hearing on defendant's Presley …
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njcourts.gov
… there exists sufficient credible evidence in the record to support the decision, and affirm. The County of Hudson … OBLIGATION TO PROMOTE[.] Our review of a Commission's determination is limited. In re Stallworth, 208 N.J. 182, 194 … bound by the agency's interpretation of a statute or its determination of a strictly legal issue." US Bank, N.A. v. …