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njcourts.gov
… statute survives a substantive due process attack if it is "supported by a conceivable rational basis." Ibid. (citations … fits within this statute. Moreover, the pertinent facts supporting our conclusion were established when defendant …
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njcourts.gov
… the following arguments: POINT I BECAUSE THE AFFIDAVIT IN SUPPORT OF THE SEARCH WARRANT WAS NOT BASED ON PROBABLE … 61 N.J. 83, 87 (1972)). Courts must base a probable cause determination on the totality of the circumstances. State v. … we give "substantial deference" to the trial court's determination. State v. Kasabucki, 52 N.J. 110, 117 (1968). …
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njcourts.gov
… voting. She also found no evidence in the record to support plaintiffs' contention that the voting constituted … meetings. Put simply, plaintiffs provide no authority to support their argument that the vote for Item P.23 should …
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njcourts.gov
… spouse. She asserted a claim based on the loss of Singh's support, society, services, and consortium. 3 A-5482-18T4 … R. 4:46-2(c). Here, the facts material to the coverage determination are not in dispute. The interpretation of an … that accompanied the enactment of N.J.S.A. 17:28-1(f) supports our conclusion that the statute was intended to …
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njcourts.gov
… was likewise voluntary, there is nothing in the record to support defendant's bald assertion that it was not. … he passed the note demanding money. So too, there is no support for defendant's bald assertion that he was coerced …
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njcourts.gov
… whether a party waived its arbitration right is a legal determination subject to de novo review[,]" however, "the … Therefore, a common sense reading of the agreement supports plaintiff's obligation to assert her claims in … nursing home or assisted living facility are enforceable if supported by consideration. See also Marmet Health Care …
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njcourts.gov
… Here, the idiosyncratic facts of this case overwhelmingly support the judge's conclusion that there was no meeting of … the estate's complaint.4 Affirmed. 4 As a result of our determination, we need not reach the estate's contention that … the one-year limitations period set forth in the provision supports our conclusion that there was no meeting of the …
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njcourts.gov
… reviewing courts afford no special deference to the legal determinations of the trial court when no issue of fact … We part company, however, with the motion judge's determination that plaintiff failed to satisfy due diligence … the first phase. Although the judge cited no caselaw to support his decision, see Great Atl. & Pac. Tea Co. v. …
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njcourts.gov
… that "[t]his 8 A-4129-18T2 purported restraint was not supported . . . with any findings . . . nor was it reduced … by the trial judge are considered binding on appeal when supported by adequate, substantial and credible evidence." …
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njcourts.gov
… 337 N.J. Super. at 242. In our review of a PCR court's determination, we defer to the court's factual findings, including credibility determinations, if they are supported by "adequate, substantial and credible evidence." …
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njcourts.gov
… that allows an applicant for Aid to Families with Dependent Children (AFDC-Medicaid) to obtain an extension of the … another request for a hearing concerning the March 2017 determination. In DMAHS's final decision of November 19, 2018, … to be 'arbitrary, capricious, or unreasonable, or [ ] not supported by substantial credible evidence in the record as …
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njcourts.gov
… pat down, and the search incident to defendant's arrest was supported by the requisite levels of either articulable … omitted).] We will "reverse only when the trial court's determination is so clearly mistaken that the interests of … that of others was in danger. Terry, 392 U.S. at 27. The determination is fact sensitive and requires an evaluation of …
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njcourts.gov
… arbitrary or there is a lack of substantial evidence to support them." NYT Cable TV v. Borough of Audubon, 230 N.J. … the Tax Court has ruled that the Director cannot base a determination of whether the Unreasonable Exception has been … [D]irector (through general regulation or case-by-case determination) before departing from the general rule of …
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njcourts.gov
… attention to defendant's argument that the 3 In the papers supporting his motion, defendant generally argued the … Mancini, supra, 132 N.J. at 334). "The trial court's determination . . . warrants substantial deference, and should … under Rule 4:50-1(a). The court's denial of the motion was supported by the evidence and its entry of the July 24, 2015 …
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njcourts.gov
… have not asserted the trial court's findings are unsupported by the motion record. In fact, the Orange defendants cite to the trial court's opinion as support for significant portions of the statement of facts … 142 N.J. 520, 540 (1995); R. 4:46-2(c)). A trial court's determination that a party is entitled to summary judgment as …
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njcourts.gov
… of E.M., but also of an independent witness, both of which supported the jury's guilty verdict. As to defendant's claim … defendant did not set forth a prima facie case in support of his PCR petition. This appeal followed. On … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has …
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njcourts.gov
… affirm. Detective John Gartner submitted two affidavits in support of applications for search warrants for defendant's … of that information 'is an essential part of the determination of probable cause.'" Ibid. (quoting State v. … (2012). We review legal issues de novo. Ibid. The record supports the judge's findings. Spagnuolo testified Messer …
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njcourts.gov
… 242 N.J. Super. 392, 401 (Ch. Div. 1990). 9 A-5578-15T3 In support of his argument that the judge failed to view the … the parties' exchange of post-mediation documents does not support Berman's contention that the parties agreed to the …
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njcourts.gov
… C. Fallon, III, argued the cause for respondent (Fox Rothschild LLP, attorneys; Mr. Fallon, Adam Busler and Nathan M. … be submitted to arbitration. In a June 14, 2016 order, supported by a written opinion, Judge Paula T. Dow denied … if it is then available. Logically, this clause appears to support defendant's position that Re/Max intended to require …
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njcourts.gov
… sentencing arguments. Our review of sentencing determinations is governed by a highly deferential standard. … "aggravating and mitigating factors are identified [and] supported by competent, credible evidence in the record"). … offenses. Further, defendant's prior drug convictions support the application of the mandatory extended-term …