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… was "arbitrary, capricious, or unreasonable or it [was] not supported by substantial credible evidence in the record as … on a practical level. The decision was an individualized determination of S.G.'s needs, including the management and … not to punish past behavior, but instead because of a determination that the person in question qualifies as an …
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… On appeal, defendants argue the judge's decision is not supported by the evidence and is contrary to law. We … the process lasted "a couple [of] minutes." Plaintiff's children were not "at the podium with [him]" and no one had … Ibid. (quoting Rudbart, 127 N.J. at 353). "The determination that a contract is one of adhesion, however, 'is …
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… in March. To refute plaintiffs' claims that Rock was unsupportive, defendants' offered Rock's description of … educate, its first imperative must be to do no harm to the children in its care. A board of education must take … not endangering, and protecting, not exploiting, vulnerable children. 17 A-2632-20 [Frugis v. Bracigliano, 177 N.J. 250, …
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… circumstances surrounding the statement in making that determination with the following caution: I instruct you that … all, each witness is either corroborated or contradicted, supported or discredited by other evidence; whether the … 107). The Gross factors are relevant to the reliability determination. Ibid. According to the Gross II court, …
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… and appendix, and a letter from co-defendant Clemmons in support of defendant's petition.4 4 That letter reads in … an evidentiary hearing, we review its legal and factual determinations de novo." State v. Aburoumi, 464 N.J. Super. … when "(1) the defendant establishes a prima facie case in support of PCR; (2) the court determines that there are …
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… resident for over twenty-five years and has three minor children who were born in the United 3 A-2922-21 States and … here. Prior to his arrest, he worked as a truck driver to support his family. In August 2018, a confidential informant … to ensure that he was not deported" for the sake of his children. Fuld asserted that trial counsel's "strategy" was …
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… damaged" his credibility because there was no evidence supporting the theory Lewis was a threat to defendant. … THE SEPTEMBER 28, 2012 PROFFER SESSION. I. A judge's determination whether evidence is subject to disclosure under … Under this standard of review, we defer to the judge's supported factual findings but review de novo the …
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… Krigger, saw that defendant was threatening the two children with a weapon. She approached defendant and told … and when finding aggravating factor three. The court's well-supported findings with respect to aggravating factor three … while incarcerated, the record supports its determination that defendant had not established he would …
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… statements of material facts submitted by the parties in support of their respective motions, see R. 4:46-2, it was … made specific findings of fact based on his credibility determinations, and conclusions of law based on the governing … and was "against the weight of the evidence." "'Final determinations made by the trial court sitting in a non-jury …
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… Plaintiffs also argued their punitive damages claim was supported by the evidence. In a written statement of reasons … concluded there was no competent evidence in the record to support plaintiffs' claim that CareOne's facility … the DOH – and not a judge or jury – should make that determination. Ibid. B. Against these legal principles, we …
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… defendant, noting "an anonymous tip alone is not enough to support a stop because the level of reliability is unchecked … not entitled to any special deference"). We regard the determination of whether an exception to the exclusionary rule … three prongs of the attenuation exception, we review the determination of whether the State has established a …
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… Thomas J. Herten, Esq., Guardian Ad Litem for the minor children of Yael and Avi Silberberg (Thomas J. Herten, of … 5. Daniel in turn established trusts for each of his four children— Yael, and sons Hillel, Uri, and Natan Weingarten. … 2012 Trust, nor was he ever the [l]egitmate Trustee." In support of her argument, Yael alleged that in a letter to a …
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… were married in New Jersey on June 6, 1987. They have three children together, all of whom are now adults. A.H. … on July 18, 2018. The Cyprus divorce decree did not address support issues or the distribution of assets. T.H. filed a … this appeal. We review the Chancery Division judge's determination for an abuse of discretion. See In re Est. of …
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… of respondent's decision was founded on the Agency's determination that, on November 23, 2019, petitioner "grabbed … to land on [petitioner]. 3. Likewise, nothing in the video supports [petitioner]'s claim that N.C. punched her, as no … 3: 1. Acting intentionally is the mental resolution or determination to commit an act. 2. Acting recklessly is the …
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… on a case that I had when I was an attorney with Fox Rothschild. . . . . 5 A-1053-22 I have never had a personal … time periods. Plaintiff failed to proffer any evidence supporting this claim. Further, the judge questioned … we "owe deference to the trial court's credibility determinations . . . because it has 'a better perspective than …
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… was unenforceable because it violated public policy. In support of their argument, plaintiffs relied on an … 746). "Nonetheless, if the complaint states no claim that supports 10 A-1524-23 relief, and discovery will not give … under Rule 4:6-2(e) if the factual allegations . . . do not support a finding that the plaintiff is entitled to coverage …
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… individual claim against Rusin, finding no "evidence to support the piercing of the corporate veil," as plaintiffs … as a matter of law." DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … of an expert witness." We part ways with the court's determination regarding the necessity for an expert, as a …
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… as the "OCEAN BEACH CLUB" in the Genesis Deed. The OBS Club supports that position by pointing out that there is no … withdrew its motion for a stay, and plaintiffs filed papers supporting the OBS Club's motion for leave to file the … as the homeowners' association. Those conclusions are not supported by the current record. 16 A-2235-23 The Genesis …
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… Ordinarily, we defer to the sentencing court's determination, State v. Fuentes, 217 N.J. 57, 70 (2014), and … court failed to find mitigating factors that clearly were supported by the record." Bieniek, 200 N.J. at 608. We will … 330, 345 (2012). Here, the lack of evidence in the record supports the judge's findings. Indeed, defendant neither …
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… "screaming" at her. The officers also learned that N.L.'s children fled the residence during the fight. Sergeant … neither the PDVA nor the community-caretaking exception supported denial of suppression. However, having reviewed … 15). "To the 8 A-5129-15T1 extent that the trial court's determination rests upon a legal conclusion, we conduct a de …