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… counsel filed a motion to reinstate her complaint, supported by a certification from counsel explaining why the … this end, our Rules are to "be construed to secure a just determination, simplicity in procedure, fairness in … the defendant did not present a "scintilla of evidence" supporting his claim of prejudice); Ghandi, 390 N.J. Super. …
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… lawyer is a "solo practitioner with limited resources." In support of their motion, defendants claimed excusable … York domestication hearing; and the lack of 8 A-1551-19T3 supporting documentation for defendants' claim that — …
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… hearing when he "'has presented a prima facie [claim] in support of [PCR],'" meaning that a defendant must … judge would not recommend him to ISP. Defendant merely supports his petition for PCR with "bald assertions," …
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… have testified had he known of sanitization, is factually unsupported and legally unavailing. The record shows the … defendant's use of "certain psychotropic medication[s]." In support of his petition, defendant certified: I had informed … and presented a defense of diminished capacity. In her determination of this argument, Judge DiFabrizio found the …
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… 4 A "defendant must allege specific facts and evidence supporting his allegations," State v. Porter, 216 N.J. 343, … of the murder. As such, there is nothing in the record to support that an alibi defense would have been successful at …
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… APPEAL. "The scope of appellate review of a commitment determination is extremely narrow." In re Civil Commitment of … In re D.C., 146 N.J. 31, 58 (1996)). "The [trial] judge's determination should be accorded 'utmost deference' and … in managing his medication regime, was sufficient to support the conclusion he presented a danger to others. …
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… of decedent's Estate. We disagree. When authorized, "fee determinations by trial courts will be disturbed only on the … 8 A-0399-20 Unable to cite any court rule or statute in support of their claim for attorneys' fees, plaintiffs argue … will. Thus, plaintiffs' reliance on Packard-Bamberger in support of an award of attorneys' fees is unavailing. Even …
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… a court should not 'engage in a strained construction to support the imposition of liability' or write a better … a court should not engage in a strained construction to support the imposition of liability." Flomerfelt v. …
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… COVID-19. Defendant did not supply any medical records to support her application. On June 17, 2020, without … become infected. Without supplying any medical records or a supporting certification from a physician, defendant simply …
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… and contaminated. However, defendant offered no further support for this bald allegation and Judge Venable rejected … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the …
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… judge's factual findings, "'so long as those findings are supported by sufficient credible evidence in the record.'" … defendant. Here, defendant presented a certification in support of his claims but refused the opportunity to expand …
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… days after the procedure. Plaintiff claims – without any support of a medical expert – that these fractures resulted … follow that this provides a nexus – that need not be supported by medical testimony – for all Marilyn's other …
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… We affirm. Plaintiff and defendant are married and have no children together. On May 8, 2020, plaintiff called her … A judge's findings of fact are "binding on appeal when supported by adequate, substantial, credible evidence." Id. … 3 Defendant contends that because the parties have no children and are planning to get divorced, they no longer …
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… but was five years. The judge concluded the record did not support defendant's claim that "he was promised … plea hearing record and the absence of any certification supporting defendant's contention, the judge determined …
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… should accept a trial court's findings of fact that are supported by substantial credible evidence.'" In re … domestic violence complaints when making his or her determination. F.M., 225 N.J. at 510–11; see also Z.L., 440 … however, the importance of the judge's credibility determinations. For example, the judge rejected Alvarado's …
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… Defendant avers the trial court's decision is not supported by adequate, credible evidence. Defendant further … occurred." Id. at 125. The trial court should make this determination "in light of the previous history of violence … court's truncated oral decision the rationale for its determination to grant the FRO. The court failed to address …
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… addition, the judge found defendant offered no evidence to support his claim the late filing was the result of … when: (1) a defendant establishes a prima facie case in support of PCR; (2) the court determines that there are …
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… In re Stallworth, 208 N.J. 182, 194 (2011). An agency's determination must be sustained "unless there 2 Matthews was … capricious, or unreasonable, or that it lacks fair support in the record." Russo v. Bd. of Trs., Police & … record and find no basis on which to reverse the Board's determination. There is no doubt that Matthews provided …
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… inquiry is whether plaintiff's allegations, if true, could support a hostile environment claim under the LAD. We find … N.J. at 402. However, the Court also recognized that school children will inevitably engage in teasing and other 7 … from L.W. Here, the comments were not made by school children, or by plaintiff's peers. They were made by police …
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… the ALJ's decision. "Appellate review of an agency's determination is limited in scope." Circus Liquors, Inc. v. … capricious, or unreasonable; or (3) the decision was not supported by substantial evidence." Ibid. (citing In re … bound by an agency's interpretation of a statute or its determination of a strictly legal issue. [If] an agency's …