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njcourts.gov
… of counsel fees. Because the trial court's decision is supported by credible evidence in the record, we affirm. I. … certification may serve as the basis for a court's determination that a reasonable OPRA search was conducted, … our conclusion, we part company with the trial court's determination that the common law does not provide for …
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njcourts.gov
… petition. A-5321-15T2 11 There is no legal authority that supports defendant's argument. To overcome the time … of the record reveals there was sufficient evidence to support a conviction for distribution, and the police did … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the …
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njcourts.gov
… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … risk of misidentification. The cases cited by the State in support of its argument are all significantly factually … the State cites to cases from other jurisdictions to support the assertion that an inadvertently suggestive …
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njcourts.gov
… Title IV, 122 Stat. 2323, 2353-57 (2008). The second determination, docket number 405,317, found appellant … the same services in the fall. Appellant appealed that determination and after a hearing before the Appeal Tribunal, … and highly deferential. "So long as the Board's decision is supported by sufficient credible evidence in the record and …
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njcourts.gov
… Oct. 4-8, 2021 in Atlantic City. There is simply no reason supported by law why OSC cannot be granted the same access … . . ." We find no abuse of discretion in the judge's determination that OSC properly wielded their statutory … Project was not an "agency action" or an "agency determination" that requires rulemaking pursuant to the APA. …
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njcourts.gov
… (App. Div. 2010) ("Mootness is a threshold justiciability determination rooted in the notion that judicial power is to … of plaintiffs' counsel, John V. Salierno Esq., supporting the enforcement motions; the August 19, 2021 … 447 N.J. Super. at 440-41 (upholding the trial court's determination that the parties had not entered into an …
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njcourts.gov
… to a judge's findings "unless they are so wholly unsupportable as to result in a denial of justice." Greenfield … there exists sufficient credible evidence in the record to support the judge's findings, and that she correctly applied … her attorney's fees. Our review of a trial judge's fee determinations is for an abuse of discretion. …
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njcourts.gov
… personal injury claim. The summary judgment motion record supported the facts defendants set forth in their statement … plaintiff's workers' compensation benefits in making its determination. Plaintiff asserts the court made procedural … 142 N.J. 520, 540 (1995); R. 4:46-2(c)). A trial court's determination that a party is entitled to summary judgment as …
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njcourts.gov
… acts because those resolutions represent factual determinations pertaining to the adjustment payments due to … The scope of our review in an appeal from a final determination of an administrative agency is strictly limited. … (2) whether the record contains substantial evidence to support the findings on which the agency based its action; …
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njcourts.gov
… WWC argues that (1) the findings of the ALJ and NJDEP are unsupported by the evidence; (2) NJDEP acted arbitrarily by … finding that WWC's well endangers the public health is unsupported by substantial evidence, and NJDEP arbitrarily … only where it is arbitrary, capricious, unreasonable or unsupported by credible evidence in the record. Henry, supra, …
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njcourts.gov
… Immediate Release of Personal Property." Defendant did not support that motion with his certification, but with the … he seeks is prima facie contraband, contending, with no support in the record and no specifics as to which items he … will then have a full opportunity to develop and provide support regarding their respective entitlement to the …
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njcourts.gov
… testified that they all got cold feet when they observed children in the proposed victim's home. Meanwhile, a … conspiracy, see N.J.S.A. 2C:5–2(e), and that the evidence supported a jury instruction on the former, but not the … and that they did so out of concern for the welfare of the children inside the home and not out of increased fear that …
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njcourts.gov
… live witness testimony" and will uphold findings that are "supported by sufficient credible evidence in the record." … omitted)). The record from the evidentiary hearing amply supports Judge Toto 's finding that defendant entered his … years. As these factual and credibility findings were amply supported by substantial evidence elicited at the …
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njcourts.gov
… Barker, 407 U.S. at 522. However, a trial judge's factual determination on a speedy trial issue "should not be … caused the delay, yet he failed to provide any factual support for his bald assertion. Officer Van Gough arrested … municipal court and the record otherwise lacks evidence to support his contention, we conclude the Law Division did not …
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njcourts.gov
… clause are ambiguous, 'courts apply the meaning that supports coverage rather than the one that limits it.'" … 'a court should not engage in a strained construction to support the imposition of liability.'" Ibid. (quoting … of the language, courts apply the meaning that supports coverage rather than the one that limits it." …
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njcourts.gov
… 3, 2018, Fargil moved for entry of final judgment. In support, Fargil submitted an affidavit of non-redemption by … to purchase the property for the sale price of $455,000. In support, Fargil submitted certifications from David Farber, … to the sound discretion of the trial court, whose determination will be left undisturbed unless it results from …
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njcourts.gov
… 1996). 5 A-2831-17T4 sentence imposed in the [JOC was] not supported by the record" and "counsel was ineffective" for … the judge "agree[d] that [defendant's] sentence [was] not supported by the record." The judge explained: At your … Harris, 181 N.J. 391, 419-21 (2004) (emphasis omitted). To support a claim of ineffective assistance of counsel, a …
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njcourts.gov
… discovery, and sanction the Attorney General's Office. In support, plaintiff's attorney certified that during the … attorney, among the statements supplied by defendants in support of their summary judgment motion was an April 23, … Schs., 362 N.J. Super. 494, 506 (App. Div. 2003). "The determination of a motion to amend a pleading is generally …
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njcourts.gov
… have [pled] guilty" but would have gone "to trial." In his supporting briefs, in addition to arguing that his attorney … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing. State … Padilla v. Kentucky, 559 U.S. 356, 372 (2010)). That determination should be "based on evidence, not speculation." …
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njcourts.gov
… "The Motion Court Abused Its Discretion on Factual Determinations." An issue that is not addressed in a party's … on whether defendant deviated from the standard of care. To support his summary judgment point, plaintiff cherry-picks … relies upon isolated excerpts of Dr. Remsen's testimony to support his argument that the experts agreed defendant …