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njcourts.gov
… Part if the remaining non-suppressed evidence can no longer support the continued prosecution of the juvenile as an … to proceed with the waiver hearing first, we affirm that determination and remand for that proceeding. I. The limited … emphasizing the jurisdictional nature of that threshold determination. In opposition, the defense stressed the …
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njcourts.gov
… judge held the "arbitration retainer does not A- 0576-20 11 support the notion that the parties had agreed to his … being held in escrow by plaintiff's counsel and for a determination that plaintiff had "satisfied its obligation to … aspects of the reconsideration- motion order. B. A determination as to whether parties agreed to an arbitrator …
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njcourts.gov
… in essence, simply reformatted the statement of reasons supporting our order of April 5, with such additions as … noting he had read everything the Board had "submitted in support 3 Although there are circumstances that would cause … its complaint at paragraph 27. 13 A-1982-20 if there is a determination that is made that the resolution would not be …
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njcourts.gov
… agitated" and short tempered with his wife and 7 A-4559-19 children. He claimed that his relationship with his wife … herein is that unlike the [cases Nirenberg cited to support his position8], Nirenberg did not find himself in an … the circumstances presented. Before PFRS made its final determination, exceptions and a reply were filed to the ALJ's …
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njcourts.gov
… on the record the right to appeal from the adverse determination of any specified pretrial motion." [Id. at 471.] … dismissal motion. Moreover, he proffers no viable ground to support such an appeal. Alluding to N.J.S.A. 2C:35-5(c),2 … testimony at an evidentiary hearing before making that determination. We disagree because defendant did not present a …
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njcourts.gov
… legal principles to lend context to the motion judge's determination that defendant was competent to stand trial. … judges, and not experts, must make the final competency determination under N.J.S.A. 2C:4-4. State v. Moya, 329 N.J. … Super. at 506, and conclude the judge's determination was supported by sufficient evidence in the record, State v. …
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njcourts.gov
… found that plaintiff had presented sufficient evidence to support his claim that Strothers was negligent in the … car. However, he presented sufficient evidence to support the conclusion that the injuries he sustained to his … the jury shall be instructed to make 18 A-5672-18T3 that determination. Ibid. If the judge finds, as a matter of law, …
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njcourts.gov
… granted by World Savings Bank is a self-serving assertion unsupported by any evidence. The loan granted by World Savings … a motion for summary judgment under Rule 4:46-2, the determination whether there exists a genuine issue with … standard while we review the legal conclusions that support the summary judgment ruling de novo. See Estate of …
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njcourts.gov
… three years while he was not promoted for ten years was unsupported by credible evidence. In sum, the judge held that … Giles did not present 5 A-2520-15T4 credible evidence to support a prima facie case of retaliation under the LAD. … of evidence, but must accept as true all the evidence supporting the party opposing the motion, and accord him the …
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njcourts.gov
… was held and on February 16, 2018, the CAB issued a final determination upholding the NOD.4 The final determination indicated: (1) that under federal income tax … Taxation, 132 N.J. 298, 306 (1993).] The court finds little support in the specific language of N.J.S.A. 42:2C-92(b) for …
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njcourts.gov
… of fact based on the materials submitted by the parties in support of their cross-motions for summary judgment. … name. The Congregation challenged the assessor’s determination before the Ocean County Board of Taxation. On … a motion for summary judgment under Rule 4:46- 2, the determination whether there exists a genuine issue with …
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njcourts.gov
… Div. 2007). We ordinarily will not disturb the GRC's "determinations or findings unless there is a clear showing … capricious, or unreasonable; or (3) the decision was not supported by substantial evidence." McGee, 416 N.J. Super. … bound by [an] agency's interpretation of a statute or its determination of a strictly legal issue,'" Utley v. Bd. of …
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njcourts.gov
… protections in the state and federal constitutions.4 In support, defendant submitted a December 26, 2013 … these principles, we find no error in the PCR judge's determination that H.P.'s statement was not material. The … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." …
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njcourts.gov
… the following parties submitted legal memoranda in support of their respective positions: Plaintiff … any discovery of any document plaintiff intends to use in support of its claims, including 1 The Sedona Conference … plaintiff relied on Federal Rule of Civil Procedure 26 to support its position that the Sponsor, as the responding …
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njcourts.gov
… the four-part Henderson analysis and made a reliability determination without giving him the opportunity to create a … suggestiveness warranting a hearing. There is sufficient support in the record for the trial court's determination. The video recording establishes the victim …
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njcourts.gov
… that after making the call, she was going to pick up her children, and then go to a firing range in Belleville. … SUPPRESSED. 10 A-1303-18T2 In our limited review of a determination of a motion to suppress evidence, State v. … findings to which we defer "so long as those findings are supported by sufficient credible evidence in the record." …
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njcourts.gov
… waived when the party failed to include any arguments supporting the contention in its brief). 10 A-2486-18T1 With … when: (1) a defendant establishes a prima facie case in support of PCR; (2) the court determines that there are … merits.'" Id. at 355 (quoting R. 3:22-10(b)). The record supports the trial court's conclusion that defendant did not …
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njcourts.gov
… provide New Jersey's utilities with a means to financially support the production of solar energy; if the utilities are … capricious, or unreasonable, or that it lacks fair support in the record." In re Herrmann, 192 N.J. at 27-28. … Our "[i]ntervention is warranted when the action is unsupported or unaccompanied by reasonable explanation." Ibid. …
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njcourts.gov
… as we are not "convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … Group and a promise to make continuing future payments to support clean-up activities and Borne Group operations. The … N.J. Super. 25, 35 (App Div. 1986) (affirming trial court determination, after bench trial , that there was no apparent …
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njcourts.gov
… "the utmost deference . . . [to] the reviewing judge's determination as to the appropriate accommodation of the … Nonetheless, we will overturn a ruling that is "so wholly insupportable as to result in a denial of justice," Greenfield … but not to C.M.'s condition – are insufficient to support the recommitment order. Also, the court erroneously …