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njcourts.gov
… N.J.S.A. 43:21-1 to -71. In a December 2021 notice of determination, Daignault was informed by the Division of … left work without good cause. Along with the notice of determination, Daignault was ordered to refund the benefits he … is 'arbitrary, capricious or unreasonable,' or is unsupported 'by substantial credible evidence in the record as …
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njcourts.gov
… exertion required at the emergency call but continued its determination that the incident was not "undesigned and … undesigned and unexpected. II. Our review of an agency determination is limited. Russo v. Bd. of Trs., Police & … capricious, or unreasonable, or that it lacks fair support in the record." Saccone v. Bd. of Trs., Police & …
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njcourts.gov
… 590, 595 (2001)). "That is, if the policy language 'fairly supports two meanings, one that favors the insurer, and the … as "a means to the end of obtaining just and expeditious determinations between the parties on the ultimate merits." … business day." Id. at 453. We noted, [t]here is some support in this jurisdiction for the proposition that when …
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njcourts.gov
… denied plaintiff's "motion for exceptional circumstances," supported by a written statement of reasons. The court … Those discrepancies, however, are not material to our determination that plaintiff failed to serve a timely notice … N.J. at 370. The claimant must provide the court a "motion supported by affidavits based upon personal knowledge of the …
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njcourts.gov
… TO INCLUDE LEGAL FEES NOT PROPERLY PRESENTED TO THE JURY OR SUPPORTED BY ANY EVIDENCE AT TRIAL. A. PLAINTIFF’S … 387. However, "if the same 9 A-2814-21 evidence adduced to support a successful claim was also offered on an …
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njcourts.gov
… facts, in the form of admissible evidence, sufficient to support a prima facie claim. Ibid. A defendant must show the … assistance of counsel. 8 A-1545-21 The record neither supports defendant's claims regarding counsel's performance …
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njcourts.gov
… sentence, Rogers drew attention to defendant's family support and community ties; the Adult Diagnostic Treatment … defendant's rehabilitation; defendant's lack of parental support growing up and the failure of the juvenile system to … denying PCR is de novo in all respects except credibility determinations, for which we defer to the PCR judge's …
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njcourts.gov
… parties acquired a home under defendant's name1 and had two children whom the parties claimed as their own.2 Beginning … defendant's testimony revealed contradictions and unsupported statements. Defendant stated that he recorded the … Super. 112, 125 (App. Div. 2006). 7 A-1353-21 CREDIBILITY DETERMINATIONS. (NOT RAISED BELOW) POINT III THE COURT …
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njcourts.gov
… judge found that defendant raised only bald assertions to support his allegations and his arguments on these three … family and was in a position to analyze and make a determination as to how to appropriately handle the case under … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has …
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njcourts.gov
… N.J.S.A. 56:10-1 to -31. 5 A-3184-21 aimed at the earlier determination that the claims under the Franchise Pract ices … of the right to pursue in court any statutory remedies. In support, they rely on Atalese and other decisions, where our … decision, the judge did not explain how these factors support the stay of some claims but not others. While …
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njcourts.gov
… papers, papers in opposition and reply along with all supporting exhibits. By way of background, this Motion was … with prejudice.” R. 4:23- 5(a)(1). The motion shall be supported by an affidavit that recites that the withheld …
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njcourts.gov
… assertion of innocence, without alleging specific facts in support of his contentions. Defendant "has not offered any … Our review is deferential to a PCR court's factual findings supported by sufficient credible evidence. State v. Gideon, …
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njcourts.gov
… already received. Appellant administratively appealed. In support of her appeal, she submitted letters from her doctor … appellant was ineligible for PUA benefits. In making that determination, the Tribunal explained that certain qualified … further analysis, the Board affirmed the Tribunal's determination that appellant was ineligible for PUA benefits. …
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njcourts.gov
… court entered an order denying defendant's petition for PCR supported by a written decision. The court found defendant … an evidentiary hearing, we review its legal and factual determinations de novo." State v. Aburoumi, 464 5 A-0334-22 … only if a defendant establishes a prima facie showing in support of the requested relief. Preciose, 129 N.J. at …
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njcourts.gov
… noted the burden shifted to the State to present a reason supporting a denial of the petition. Here, the State relied … available to organizations or employers focused on care or support for women, or women-focused clientele, co-workers, … to commit such a crime as a consideration in their determination. Overall, specifically or generally, there are a …
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njcourts.gov
… $80,000 lost wages award is roughly consistent with a determination that plaintiff was able to resume work by the … that plaintiff's wage claim lacked sufficient evidential support. We reject that contention. To be sure, a personal … years in question (2018, 2019 and part of 2020) were amply supported by unopposed testimony from plaintiff's expert …
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njcourts.gov
… Counsel presented mitigating factors at sentencing in support of a concurrent sentence, but the court analyzed the … must allege specific facts and 9 A-3183-21 evidence supporting his allegations." Ibid. Viewing the facts in the …
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njcourts.gov
… OF DEFENDANT'S MOTION TO CORRECT AN ILLEGAL SENTENCE IS NOT SUPPORTED BY SUFFICIENT, CREDIBLE, EVIDENCE IN THE RECORD … 2C:44-5. Defendant has made no showing and cited no law supporting his contention that his sentence constituted …
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njcourts.gov
… if it is arbitrary, capricious or unreasonable or it is not supported by substantial credible evidence in the record as … v. Rahway State Prison, 81 N.J. 571, 579-80 (1980)). The determination of "[w]hether subject matter jurisdiction exists … has a "responsibility . . . to make independent determinations" in school desegregation policy)). Although the …
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njcourts.gov
… because the default judgment was void under the CFLA. For support, Toft relies on our opinions in LVNV Funding, LLC v. … circumstances Berger is distinguishable and provides no support for Toft's assertion that she filed her Rule …