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njcourts.gov
… for his alcohol abuse. In a certification submitted in support of his PCR petition and motion to withdraw from his … Defendant has done so by virtue of the documents which support his petition. Additionally, in his certification, … 373. Doing so, we do not agree that the record on its face supported defendant's automatic rejection from PTI. That no …
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njcourts.gov
… the law, the judge's reliance on subsection (c)(5) is amply supported by the evidence and legally sound. We add the … PPH or FPIC. N.J.S.A. 2C:58-3(a)(1); (b)(1). "The initial determination of whether to grant a permit or an … We decline to second-guess Judge Oxley's well-founded determination that, at the time of the hearing, granting …
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njcourts.gov
… written by-laws. 3 A-1256-19 In 2015, RSC could no longer support itself financially and discussed a potential merger … the facts and failed to provide adequate reasons in support of his summary judgment decision. We disagree and … for summary judgment is unable to file fully responsive supporting papers because critical facts are particularly …
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njcourts.gov
… state a claim and compel arbitration. In his affidavit in support of the motion, Shor stated he owned Esso with … made the same claim in an affidavit he signed and filed in support of the motion to dismiss. The motion judge broached … if 'the factual allegations are palpably insufficient to support a claim upon which relief can be granted.'" Ibid. …
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njcourts.gov
… Giving "due regard to the municipal court's credibility determinations," the Law Division judge determined the … Act. According to defendant's reading, the Act requires a determination that the dog poses a threat at the time of trial … resolved by the trial date. Defendant provides no legal support that the "critical date" for evaluating a dog's …
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njcourts.gov
… order upholding defendant's convictions. We affirmed that determination in State v. Chen, No. A-2710-11 (App. Div. Aug. … would have been different given the overwhelming evidence supporting the conviction." As to appellate counsel, citing … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has …
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njcourts.gov
… to Supervise School officials have a duty to supervise the children in their care. See e.g., Jerkins ex rel. Jerkins v. … Our Supreme Court has explained that two considerations support this heightened standard: "the promotion of vigorous … [her]." Indeed, the record contains no facts that would support a finding that Martin acted intentionally to injure …
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njcourts.gov
… with the victim's daughter and "had fathered two young children" with her. Id. at 4. The victim's relationship with … the victim attacked him with [a] tray table." Id. at 5. To support his PCR petition, defendant asserted, among other … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has …
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njcourts.gov
… WHEN IT RELIED ON A VOID ASSIGNMENT OF MORTGAGE AND THE UNSUPPORTED ASSERTIONS OF A NON-PARTY TO AWARD PLAINTIFF … 8 A-0998-16T1 The plain language of subsection (a) does not support defendant's argument. Subsection (a) requires … note constituted the sole maturity date pertinent to the determination of the limitations period under N.J.S.A …
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njcourts.gov
… 5 A-1670-16T3 Because we affirm the trial judge's determination that the ordinance is arbitrary, capricious, and … we not interfere with a trial judge's fact findings when supported by adequate, substantial and credible evidence, … 150 N.J. 111, 132-33 (1997). For this reason, credibility determinations are entitled to particular deference. Ibid. We …
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njcourts.gov
… FEDERAL CONSTITUTIONS. A. The Investigatory Stop Was Not Supported By Reasonable Suspicion. B. Under Both State and … in this case, we need not address the trial judge's determination that defendant lacked a reasonable expectation … in question was involved in criminal activity. Such a determination can be made only through 8 A-3531-16T3 a …
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njcourts.gov
… so long as sufficient credible evidence in the record supports those findings."). Togno was patrolling Route 80 at … rejected defendants' argument that the reasonable suspicion supporting Togno's request for consent was premised upon … instance, police improperly obtain the information that supports the reasonable suspicion underlying a request for …
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njcourts.gov
… Frost, Jr., and Justin M. Ginter, on the brief). Fox Rothschild LLP, attorneys for respondent Carl Oxholm, III (R. … and Counselman, there were no suspicious circumstances to support a finding of his undue influence on her decision to … to prove or disprove any fact of consequence to the determination of the action." N.J.R.E. 401. See Camden 8 …
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njcourts.gov
… WITHOUT AN EVIDENTIARY HEARING. The factual and legal determinations made by a PCR court are reviewed de novo when … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the … is required to make more than a bald assertion and a unsupported reference to grand jury testimony to establish …
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njcourts.gov
… . . . . [T]here is no evidence that [defendant's] determination that these caps would be inspected every two to … of pure conjecture or speculation and instead must be supported by competent proof in the record. Buckelew v. … 217 N.J. 199, 212 (2014) ("Foreseeability requires a determination of whether the defendant was reasonably able to …
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njcourts.gov
… the court entered an order denying defendant's motion supported by an oral opinion. It determined the motion was "procedurally deficient" because defendant provided the supporting documents 6 A-0310-24 for the first time at oral … appear. There is no basis for us to disturb the court's determination. 9 A-0310-24 We are not persuaded by defendant's …
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njcourts.gov
… entry of an Order granting tax exemption to the Subject. In support of the motion, GNJUMC’s Chief Financial … Statement, and (b) without discovery exchange, “substantial support . . . for the claims made” or testimony, GNJUMC’s … the” provisions of N.J.S.A. 54:4-63.26 et seq., “does not support imposition of an assessment in a tax year other than …
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njcourts.gov
… the court's decision, outlining the court's credibility determinations and plaintiff's burden of proof. While it … payments were reversed. Defendant subsequently argued in support of a "counterclaim" for its legal fees associated … [of fact] by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." …
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njcourts.gov
… arguing "[t]he [ALJ] made adequate and reasonable factual determinations based on the record before it." Dadura posited … capricious[,] or unreasonable, or that it lacked fair support in the evidence, or that it violated legislative … the notion that "past misconduct can be a factor in the determination of the appropriate penalty for present …
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njcourts.gov
… defendant's lack of knowledge of the law does not serve to support excusable neglect. See State v. Murray, 162 N.J. … was untimely and that he failed to demonstrate facts supporting "excusable neglect" and "entitle[ment] to … defendant has failed to assert reliable material facts supporting that plea counsel's performance prejudiced his …