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… findings of the trial court so long as those findings are supported by sufficient evidence in the record.'" State v. … would entail an excessive hardship on defendant's children. N.J.S.A. 2C:44- 1(b)(11). "The sentencing court is … that imprisonment would impose an excessive hardship on her children because her husband had abandoned them and fled the …
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… and allowed his substantive claims to be heard. In support of its position, plaintiff relied primarily on our … N.J. Super. 453 (App. Div. 2001), and argued, as he had in support of his motion to reinstate the complaint, that he … v. Little, 135 N.J. 274, 283 (1994). A trial court's determination under Rule 4:50-1 is entitled to substantial …
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… that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." Id. … order pursuant to the PDVA, the judge must make two determinations. Silver v. Silver, 387 N.J. Super. 112, 125 … v. Peranio, 280 N.J. Super. 47, 54 (App. Div. 1995). The determination of whether such an order should be issued must …
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… deposition and extend discovery. The certification in support of the motion stated that defendant had noticed the … 2017, defendant cross-moved to compel plaintiff's IME.2 The supporting certification demonstrated plaintiff failed to … beyond what is necessary and required for a just determination of the merits of the complaint. Such delays …
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… A-4784-15T4 D. [MATCHAPONIX AND NCV] PROVIDE NO EVIDENTIARY SUPPORT OF WHAT THEIR EXPECTATIONS WERE. E. THE SUBSIDENCE … 419 (2008). We review de novo the trial court's legal determinations, including its construction of an insurance … Despite our finding as to the issue of ambiguity, our determination as to whether the exclusionary language should …
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… A trial court's findings of fact are binding on appeal if supported by "adequate, substantial, and credible evidence." … trial "should not be disturbed unless they are so wholly insupportable as to result in a denial of justice." Id. at … Unless the trial judge's findings are "so manifestly unsupported or inconsistent with the competent, reasonably …
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… to a trial notice attached to defendants' counsel's supporting certification, the court had sent notices to all … in opposition to defendants' motion . . . and in support of cross motion to reopen and extend" discovery or … discovery was not completed we're told it was a strategic determination. Counsel clearly was not diligent . . . in …
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… industry, does not encompass the cost of benefits, further supporting its proposed interpretation of the CNA. The … interpretation." Ibid. The record contains ample grounds supporting the arbitrator's interpretation of the CNA. No … enrolled in Medicare Part B. In addition, there is no support in the CNA for Local 300's position that a parity in …
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… for default, which was entered on December 8, 2020. To support its application for default, plaintiff provided an … On May 17, 2021, plaintiff moved for final judgment. In support, plaintiff's counsel attested she mailed defendant … the final judgment under Rule 4:50-1(a), (d), and (f). In support of her application, defendant challenged the service …
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… that case, Vitale carelessly drove his car and struck two children who died from their injuries. Vitale, 447 U.S. at … Constitution. Id. at 421. The matter was remanded for a determination of whether Illinois could prove involuntary manslaughter without proving the facts supporting the motor vehicle offense of which Vitale was …
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… and counterclaims lacked both legal merit and evidentiary support. Accordingly, it determined that ARLP satisfied all … that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." … Ass'n, 132 N.J. 330, 334 (1993)). "The trial court's determination . . . warrants substantial deference and should …
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… employees to petition the Commission for both a determination whether the duties they are performing conform … forward. The arbitrator explained that the Disputed Clause supported acting captain's pay for lieutenants after August … motion to supplement the appellate record with these determinations. The Borough has since submitted the final …
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… (b). Each factor found by the court must be relevant and supported by "competent, reasonably credible evidence." Id. … 2C:44- 1(a)(6). There is credible evidence in the record supporting the trial court's determination. Defendant has a lengthy criminal history to …
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… we defer to a PCR court's factual findings "when supported by adequate, substantial and credible evidence." … when: (1) a defendant establishes a prima facie case in support of PCR; (2) the court determines that there are … are persuaded defendant produced insufficient evidence to support his arguments that purported conflicts of interest …
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… to file a late notice of claim shall be made upon motion supported by affidavits based upon personal knowledge of the … circumstances," leaving "for a case-by-case determination . . . whether the reasons given rise to the … actions to pursue her claim, and the record does not support such a claim in any event. In sum, we are satisfied …
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… not specify any particular documents in the file that would support defendant's theory that trial counsel was … to prove or disprove any fact of consequence to the determination of the action." R. 401. With respect to the … facie case of ineffective assistance. The PCR judge's determination was supported by sufficient credible evidence …
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… PLAINTIFF'S EMPLOYER WAS ERRONEOUS BECAUSE THE RECORD SUPPORTS THE APPLICATION OF THE INTENTIONAL WRONG EXCEPTION … SHOULD LOSE ITS STATUTORY IMMUNITY. POINT II PUBLIC POLICY SUPPORTS LAUMAR'S POSITION. II. We review the trial court's … to any other method, form or amount of compensation or determination thereof than as provided in this article and an …
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… consequences of his guilty plea. Defendant stated in his supporting certification, that prior to pleading guilty, the … the factual bases for his guilty pleas were not adequate to support a knowing and voluntary waiver of his rights, … that . . . [the alleged violation] played a role in the determination of guilt." State v. Laurick, 120 N.J. 1, 13 …
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… defer to the court's factual findings provided they are supported by sufficient credible evidence in the record. … the opportunity to contact an attorney. Here, the record supports the court's finding that defendant was not credible … there is sufficient credible evidence in the record supporting the trial court's findings of fact. We also …
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… in rendering her decision, and that the decision was not supported by the record and the governing law. After … holding that the Board's findings and conclusions were supported by the evidence and were not arbitrary, … reasons for denying plaintiff's application find ample support in the record. Contrary to plaintiff's contentions, …