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- NORMA S. EHRLICH VS. JEFFREY J. SOROKIN, M.D. (L-2850-13, CAMDEN COUNTY AND STATEWIDE) - Published Opinionsnjcourts.gov… procedure because "there was no A-2781-15T3 8 literature to support the use of the saline lift technique with an [APC]." … or disprove any fact of consequence A-2781-15T3 10 to the determination of the action." N.J.R.E. 401. Relevant evidence … of the risk for perforation had no bearing on this determination. Indeed, although negligent treatment and …
- njcourts.gov… in March 2004 after a ten-year marriage. Of their three children, one is emancipated, one is in college and one is a … since its entry nearly twelve years earlier in 2004. In her supporting certification, defendant alleged the FRO should … 394, 413 (1998)). We are mindful of the deference owed to determinations made by family judges who hear domestic …
- STATE OF NEW JERSEY VS. THOMAS H. OUTLAND (14-08-0751, UNION COUNTY AND STATEWIDE) - Published Opinionsnjcourts.gov… non-hearsay statements. The premise, however, is not supported by the record. Cardenas did not deny that … hearsay] declarant may be attacked, and if attacked may be supported, by any evidence which would be admissible for … exclusionary rule. . . . The Rule permits impeachment or support of a declarant's credibility as if the declarant had …
- njcourts.gov › notices to the bar… filed a motion to appeal his rejection from PTI with the support of the Morris County prosecutor. That motion was … Id. The trial court overruled the ineligibility determination and permitted Gomes to apply for PTI, directing … State v. O’Brien5, and other “extrinsic evidence6 [that] supports our reading of the statutes in question.” Id. at …
- njcourts.gov… arose from his role as Executive Director of the School for Children with Hidden Intelligence (SCHI or school) and … abuse his discretion in ordering a new trial. The record supports his determination that no evidence in the record shows defendant …
- njcourts.gov… by the trial judge are considered binding on appeal when supported by adequate, substantial, and credible evidence." … to reveal "adequate, substantial and credible evidence" to support these conclusions. Rova Farms, 65 N.J. at 484. Moreover, the judge failed to support his conclusions with "facts and . . . conclusions of …
- STATE OF NEW JERSEY VS. CLIVE HINDS (11-02-0440, CAMDEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… when (1) he or she is able to prove a prima facie case in support of post-conviction relief, (2) there are material … (1995)). Here, the evidence in the record at trial amply supports defendant's convictions. 20 A-1635-20 VI. Finally, … unless (1) he or she is able to prove a prima facie case in support of post-conviction relief, (2) there are material …
- FRED KATZ, ET AL. VS. CHARLES E. VOORHEES (L-2675-14, BURLINGTON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Lobby, Inc., 477 U.S. 242, 249 (1986)). To make the determination, the trial judge must "consider whether the … 560 (App. Div. 2002). A. We first address the judge's determination that plaintiff could not sustain his burden of … opinion consists of nothing more than "bare conclusions, unsupported by factual evidence." Buckelew v. Grossbard, 87 …
- njcourts.gov… and for reinstatement of the amended complaint. In support of the motions, plaintiffs submitted certifications … motions, 15 A-2585-16T4 had gone unanswered. There is ample support for the trial court's conclusion that the … 2016 order. There is nothing in the record 16 A-2585-16T4 supporting the proposition that defendants' counsel …
- njcourts.gov… facts from the evidence submitted by the parties in support of, and in opposition to, the summary judgment … interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … to an investigation by the insurer of the claim and its determination 15 A-1514-16T3 of a proper course of action. …
- njcourts.gov… THAT THERESA MACINAW LACKED WEIGHT AND RELIABILITY WAS UNSUPPORTED BY SUFFICIENT CREDIBLE EVIDENCE IN THE RECORD. 1 … controlling" weight to the municipal judge's credibility determinations, because the municipal judge had the … for shoplifting. We also agree with Judge DeLury's determination that the decision against waiver reflected no …
- STATE OF NEW JERSEY VS. MODESTO ALVAREZ (14-12-2869, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… uphold a trial court's factual findings so long as they are supported by sufficient credible evidence. State v. Hinton, … as alternative relief, and there is some precedent that supports a remand in cases – and I do not suggest this is … its case on the police report and the majority's implicit determination the current record does not justify the "search" …
- GLENDA UNGER VS. ASHER HANDLER, ET AL. (C-000087-15, OCEAN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… no proof of that fact in the record, other than her unsupported statement. 9 A-1331-16T3 Eisen that she maintained … September 20, 2016, plaintiff filed for reconsideration. In support of her motion, plaintiff filed her attorney's … alone were not the fully integrated agreement." In support of her argument, plaintiff 14 A-1331-16T3 relies …
- njcourts.gov… there was insufficient credible evidence in the record to support Judge Enright's findings that the two warrantless … so long as sufficient credible evidence in the record supports those findings. Those factual findings are entitled … plain view was related to criminal activity "requires a determination of whether the officer had 'probable cause to …
- njcourts.gov… and LRG, or against LRG alone. The court found that any determination of this issue was subject to a piercing the … condominiums, thereby creating a "legacy" for his children and grandchildren. LRG remained inactive until … defendant. And so it's clear to me that the notes are not supportive of the notion that the corporate veil pierced; …
- njcourts.gov… TO A DRIVING ABSTRACT IS FOR SENTENCING, NOT FOR A DETERMINATION OF GUILT. We have considered these arguments in … 200 N.J. 547 (2009). Moreover, there is no authority to support the municipal court and Law Division judges' … added).] 15 A-0853-15T1 Both judges concluded the evidence supported a conviction for obstruction by "means of any …
- njcourts.gov… — plaintiff filed a motion to reinstate the complaint. In a supporting certification she recounted, for the most part, … forum are required to be "construed to secure a just determination, simplicity in procedure, fairness in … or suppression with prejudice. The motion shall be supported by affidavit reciting that the discovery asserted …
- STATE OF NEW JERSEY VS. YERO C. BAILEY (13-01-0110, UNION COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… THE TRIAL COURT FAILED TO CONSIDER MITIGATING FACTORS SUPPORTED BY THE EVIDENCE, AND IMPOSED A CONSECUTIVE … sister called Powell at defendant's request, an assertion unsupported by the sister's testimony or any other evidence. … and decline to speculate on the reasons for the jury's determination. The only factual assessment required is to …
- njcourts.gov… on Atchung Road in Wayne, where they raised their eight children. By 1996, the children had all reached adulthood and left the home. … inquiry is "whether . . . there is substantial evidence in support of the trial judge's findings and conclusions." …
- njcourts.gov… Brown status conference and the three unrelated JOCs do not support the claim that defendant’s sentence was arbitrary or … the Court accords substantial deference to sentencing determinations and acknowledges the trial judge’s explanation … did not analyze the reasonableness of the sentencing determinations in the three JOCs, in part, because defendant …