njcourts.gov
… judgment. Plaintiffs filed a motion for reconsideration. In support of the motion, plaintiffs submitted a certification … applying the discovery rule, courts generally make their determination of the accrual date "by way of a pretrial … dispute as to material facts "controlling the discovery determination, a Lopez hearing is not required." …
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… WAIVER IS ERRONEOUS AND UNJUST IN THIS INSTANCE. The ACLU supports J.D.'s position and argues that because the current … waiver statute governs. They contend that that ruling is supported by the Supreme Court's decision in J.V., other … consideration of the possibility of rehabilitation is supported by the legislative history. In a statement …
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… transferred to the Office of Administrative Law (OAL) for determination as a contested case and assigned to an … a member's physical or mental condition may influence a determination whether the member is incapacitated for the … capricious, or unreasonable, or that it lacks fair support in the record." Ibid. (quoting Herrmann, 192 N.J. at …
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… expedited procedure predicated on a procedurally-flawed determination that the property at issue had been abandoned … 55:19-78 to -107. The notice stated, "[u]pon the determination that the property is abandoned, the township … had not received rehabilitation in the past six months. In support of GEM's motion, GEM shareholder Sayles certified …
njcourts.gov
… was not arbitrary, capricious, or unreasonable , and was supported by substantial credible evidence in the record. He … erred . . . ." He also declined to disturb the Panel's determination that the Port Authority "did not act in good … We accord a deferential standard of review to an agency's determination unless the decision was arbitrary, capricious, …
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… recite the facts from evidence submitted by the parties in support of, and in opposition to, the summary judgment … indicate that no work was done on such. Withstanding any determination of whether the warranties were full and … Measured by this standard, we agree with the judge's determination that there were no disputed issues of material …
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… the $3400 in cash and two cell phones found on defendant supported a finding of probable cause. He held the State … should only reverse when 10 A-1201-20 the trial court's determination is "so clearly mistaken 'that the interests of … of that information is an essential part of the determination of probable cause." Ibid. (internal quotation …
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… judgment motion filed by defendant, plaintiffs did not support 1 Plaintiffs are married. We refer to them … withhold summary judgment does not hinge upon a judge's determinations of the credibility of testimony rendered in … no "special deference" applies to a trial court's legal determinations). Like the motion judge, we view "the competent …
njcourts.gov
… water that could have exited the drain, or offer scientific support from a qualified meteorologist. The court found the … allegations [we]re speculative" and lacked evidentiary support. Accordingly, the court found there was no genuine … arguing the court made an improper factual determination that an active storm was underway at the time of …
njcourts.gov
… PTI. About two weeks later, defendant was enrolled in the Support Team for Additional Recovery (STAR) program.1 … that there was no published case law to guide its determination otherwise. The trial court found further: … and, therefore, prosecutors have wide latitude in PTI determinations. See Wallace, 146 N.J. at 582; State v. Nwobu, …
njcourts.gov
… in its rejection letter, all factors were included in its determination to reject . . . [d]efendant from PTI." The court … improperly failed to weigh multiple relevant factors that supported admission into PTI. 10 A-1775-23 1. Hudson County … improperly failed to weigh multiple relevant factors that supported admission into PTI, including [defendant]'s post- …
njcourts.gov
… PCR counsel filed a supplemental brief and certification in support of defendant's petition. Defendant certifies he had … to establish excusable neglect and failed to provide any support for his assertion that his speedy trial rights were … points on appeal: POINT ONE THE PCR JUDGE ERRED IN ITS DETERMINATION THAT [DEFENDANT'S] LACK OF LEGAL ACCESS AND …
njcourts.gov
… PCR brief, defendant acknowledged trial counsel's brief in support of the motion for a new trial in which counsel … it 'concealed[,]'[] nor is there any proof in the record to support that the transcript of [Melissa's mother]'s … hearing, this court "review[s] its legal and factual determinations de novo." State v. Aburoumi, 464 N.J. Super. …
njcourts.gov
… performed "a significant number of tasks" in that state. To support its decision, the court noted plaintiff was retained … Hosp., 257 N.J. 33, 71 (2024), we reject plaintiff's unsupported claims. We affirm the orders under review … frivolous when "no rational argument can be advanced in its support, or it is not supported by any credible evidence, or …
njcourts.gov
… not defendant. Defendant filed a timely pro se petition supported by a certification in which he attested there was … Defendant's father also submitted a certification in support of defendant's petition which stated he brought the … The PCR court denied defendant's petition and supported its decision in a comprehensive written opinion. …
njcourts.gov
… traffic stop. In a February 2, 2022 letter brief filed in support of the motion, defendant noted that after enactment … 2022, defendant submitted a supplemental letter brief in support of the motion "to address the alleged reasonable and … infraction, the evidence they found 7 A-2983-22 does not support their claim for what they perceived to be their …
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njcourts.gov
… $200,000. Plaintiff's counsel maintained that the proofs supported the conclusion that the $200,000 payment was a … here. II We accord deference to a "trial court's determinations, premised on the testimony of witnesses and … to accord deference to the trial court's credibility determination[s] and the judge's 'feel of the case' based upon …
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njcourts.gov
… the following facts from evidence the parties submitted in support of and opposition to the summary judgment motion. … to prosecute precluded him from making a probable cause determination. Nonetheless, after reviewing the detective's … to rely on the municipal court judge's probable cause determination. According to the judge, based on DeLorenzo's …
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njcourts.gov
… did not alert the jury that evidence in the record supported all four elements of the affirmative defense. … available to defendant unless there is evidence in the case supporting all of the four requirements and not merely one, … motion for acquittal. We see no reason to disturb that determination. Affirmed. … a2501-18.pdf … A-2501-18 …
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njcourts.gov
… appellant argues the trial court's order was not supported by admissible credible evidence and was arbitrary, … his knowledge of local conditions and his discretion supported by the facts. Not only did the chief here have … . . . ." Based on its factual findings and credibility determinations, the court found Calabrese had shown by a …