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… attempt to color this event as a "bar outing" is not supported by the facts. While there was testimony indicating … as to whether Caroselli was visibly intoxicated." In support this claim, plaintiff relies on 7 A-0252-17T3 her … had been drinking, but submitted insufficient evidence to support a claim of visible intoxication. Thus, we affirm the …
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… SINCE THE COURT PREMISED THIS RULING ON THE INCORRECT AND UNSUPPORTED SUPPOSITION THAT PETITIONER'S IMMIGRATION STATUS … REGARDING COUNSEL'S DECISIONS AND CONDUCT THAT ARE NOT SUPPORTED BY THE RECORD OR BY ANY OTHER EVIDENCE, THUS … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has …
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… The DPP's later released recommendation report revealed a determination that Terco's bid was nonresponsive as to another … [s]upplemented and [a]mended [i]ts Phase One bid" lacked support in the record and disparately treated Phase Two … been 'arbitrary, capricious, or unreasonable, or [] not supported by substantial credible evidence in the record as …
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… NJSP's motion, and denied plaintiff's motion. II. "The determination of a motion to amend a pleading is generally … Yates, 270 N.J. Super. 458, 467 (App. Div. 1994)). Such a determination requires a two-step process: (1) "whether the … discrimination claims. Thus, both fairness and efficiency support a two-year [SOL]." Montells, 133 N.J. at 293. …
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… Thomas's fiancée, Teisha Evans, returned home with their children. While pointing a gun at her, defendant grabbed … Evans begged defendant and Martin not to kill her and her children, she was taken into the living room with the … for a new trial — the subject of this latest appeal. In support, defendant furnished a 2018 certification1 from …
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… sufficient findings of facts and conclusions of law to support its rulings. "[D]eterminations about the applicability of OPRA and its … conclusion concerning the "remaining incidents" was not supported by any of the information that the City had …
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… practice for purposes of this opinion. 4 A-1629-20 valuable support for the "third-party guilt" defense asserted at … The petitioner must allege specific facts sufficient to support a prima facie claim. Ibid. Such facts must be … third-party guilt defense, we agree with Judge Gizzo's determination that defendant failed to satisfy either prong of …
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… Our scope of review of an administrative agency's final determination is limited. In re Herrmann, 192 N.J. 19, 27 … report, and the testimony of the treating neurologist as supported by the State's orthopedist provides this [c]ourt … capricious, or unreasonable, or . . . lacks fair support in the record." Circus Liquors, Inc. v. Governing …
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… Jersey State Prison, appeals from the May 23, 2019 final determination of the Department of Corrections (DOC) upholding … process rights were violated, the finding of guilt was not supported by sufficient credible evidence because a video … supports the agency's conclusions). "[A]lthough the determination of an administrative agency is entitled to …
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… was incarcerated at South Woods State Prison (SWSP). In support of his motion, defendant submitted confidential … also cited a publication by Johns Hopkins Medical Center as support for her assertion that African-Americans are at a … There is sufficient credible evidence in the record to support those findings. Defendant contends, however, that …
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… attorney. The PCR judge concluded there was strong proof supporting admission of the drug evidence under the plain … testimony against defendant. Defendant presented no facts, supported by affidavits or certifications based upon … 48 (2002). 12 A-1259-18T4 We are satisfied the record fully supports a conclusion that defendant has failed to meet both …
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… motion and the court decided the motion on the papers. In support of its motion, plaintiff filed the certification of … reverse, however, when the trial court's decision was not supported by a rational explanation. See Guillaume, 209 N.J. … in moving to vacate a default judgment is a factor that supports granting the motion. Reg'l Constr. Corp. v. Ray, …
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… the conditions of probation. We are convinced the record supports the PCR court's finding that defendant failed to … attorney's performance was deficient. The record further supports the PCR court's finding that if counsel erred in … factor did not apply. There is nothing in the record to support defendant's contention that the judge treated his …
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… opposing party's claim." Comments to Rule 4:7-1 provides support for the motion judge's decision: 9 A-3745-20 … amendment can relate back, we save such 11 A-3745-20 a determination for a case that provides the proper factual support. [Ibid.] We are satisfied that this case provides …
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… have the power and authority to enact ordinances in support of the police power." Hutton Park Gardens v. Town … bodies are presumed to act on the basis of adequate factual support and, absent a sufficient showing to the contrary, it … bears a direct relationship to the public safety, such determination is reasonable and not arbitrary." Cedar Grove v. …
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… creating an issue of fact . . . . Thus, the judge's determination that the parties were not in an attorney-client … interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … needed CMR's cooperation and its principal's testimony to support a future separate litigation. In light of those …
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… capricious or unreasonable," or is 4 A-1962-18T4 unsupported "by substantial credible evidence in the record as … a reasoned conclusion . . . [which] requires evidence to support it and findings of appropriate definiteness to … how great a deference we must accord the administrative determination, we have no capacity to review the issues at all …
njcourts.gov
… procedural frustrations in favor of "just and expeditious determinations on the ultimate merits." [Crescent Park Tenants … defendant's standing argument. Finally, there is no legal support for defendant's contention that plaintiff failed to … to the moving certification of plaintiff's counsel in support of its motion for summary judgment. The modification …
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… of or adjustment to any of [David's] pendente lite . . . support obligations pursuant to Mallamo v. Mallamo, 280 N.J. … pendente lite income from those entities retroactively. In support of his argument, David relied on paragraph 14.4(c) … the documents. Those documents can certainly be read to support Sara's position that this was a reserved claim. But …
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… of a PCR is whether the judge's findings of fact were supported by sufficient credible evidence. State v. Nunez- … Here, we are convinced the trial judge's findings are fully supported by the record, including her finding that each of … where the deficient representation of counsel affected "a determination of guilt or otherwise wrought a miscarriage of …