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… no claim for such damages and we find no error in that determination. 9 A-4329-15T4 The motion judge addressed … motion, defendants did nothing more than rely on unsupported allegations. The record does not include a … certification attesting to facts or referencing evidence in support of specific defenses or counterclaims. 10 …
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… correct? BUREAU INVESTIGATOR: That's right, if non- fraud determination was made he would have been entitled to the … APPELLANT'S COUNSEL: So the Division bases this determination of fraud solely on Mr. Thorn having pushed … 412 (App. Div. 2014). As long as the Board's decision is supported by sufficient credible evidence in the record and …
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… argues in a single point: THE PCR COURT ERRED IN ITS DETERMINATION THAT THE TESTIMONY PRESENTED AT THE EVIDENTIARY … we should not disturb "'the PCR court's findings that are supported by sufficient credible evidence in the record.'" … was more credible than defendant's denial. N.J.R.E. 406(a) supports the PCR court's findings that both counsel "acted …
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… 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 … "he must assert the facts that would have been revealed, 'supported by affidavits or certifications based upon the …
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… ALJ's initial decision, finding the executive director's determination to call up the preliminary approval was correct … the Commission concluded the executive director's determination was governed by the CMP and not a local … director to call up the municipality's approval. In support of its premise, petitioner relies upon N.J.S.A. …
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… reasons for failing to contact Moses or use the letter in support of defendant’s motion. [State v. Jihad Bassit, … at the time, he would have made an effort to include it in support of defendant’s motion to withdraw his guilty plea. …
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… defense; plaintiff's proofs were insufficient to support final judgment; plaintiff lacked standing to … in March 2015, well after the deadline expired. We find no support whatsoever in the record for, and decline to … standard. Ibid. 6 A-5346-15T4 "The trial court's determination under [Rule 4:50-1] warrants substantial …
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… self-serving statement, there is no other evidence in support of his position and the Court will not modify the … to the sound discretion of the trial court, whose determinations will be left undisturbed unless it results from … the allegation of a mutual mistake. The record did not support a mutual mistake with regard to the jewelry and …
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… assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the … explain his legal options." However, the record does not support defendant's contention. During the plea hearing, the …
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… during the grand jury hearing. Despite the PCR judge's determination that defendant's petition was time-barred … explained that defendant failed to satisfy the "threshold determination of prosecutorial knowledge[,]" State v. Carter, … we should not disturb "the PCR court's findings that are supported by sufficient credible evidence in the record." …
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… deference to the trial court's findings of fact that are supported by sufficient credible evidence in the record. … the suppression hearing are well-founded. There is ample support in the record for the judge's finding that defendant … have identified several considerations relevant to the determination, including, most significantly, the temporal …
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… brief asserts that the affidavits of service, used to support the entry of default, were invalid because they were … reconsideration motion, plaintiff's manager, Howard Rothschild, certified that plaintiff "came to believe" that Nancy … Id. at 120. Additionally, Nancy's certification in support of the motion to vacate the judgments provided …
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… (App. Div. 1957)). "Nonetheless, . . . the essential facts supporting plaintiff's cause of action must be presented in … recognized, a statute of limitations defense is "factual determination on [plaintiffs'] business savvy" — to be … The decision requires more than a simple factual determination; it should be made by a judge and by a judge …
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… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … are satisfied that the trial court's findings of fact are supported by sufficient credible evidence and its denial of …
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… W.M. appeals from an April 18, 2017 final agency determination by the Director of the Division of Medical … 18, 2017, the DMAHS Director again reversed the ALJ's determination. The Director noted that "[t]he issue here is … it is "arbitrary, capricious or unreasonable . . . or not supported by the substantial credible evidence in the …
default
… of the account's distribution. Defendant stated in her supporting certification that shortly after the JOD was … made by a trial court when such findings are 7 A-2353-17T1 supported by adequate, substantial, and credible evidence. … court's factual findings when they are "so manifestly unsupported by or inconsistent with the competent, relevant …
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… and CHRIS OJUGO, Plaintiffs-Respondents, v. HARRIET ROTHSCHILD, Defendant-Appellant. … ___________________________________ HARRIET ROTHSCHILD, Third-Party Plaintiff- Appellant, v. ROYAL DISASTER … reasons, we reject the arguments Rothschild presents in support of reversal. In reviewing the record in light of the …
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… foreclose. Thus, although the Notice of Appeal and brief in support of appeal 3 A-2846-14T1 on the residence, in favor … default. Rather, he contended that he needed discovery to support his belief that there were genuine issues of … correctly determined that defendant's pleadings were unsupported by credible evidence, therefore she 11 A-2846-14T1 …
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… he was entitled. 5 A-4294-14T2 In a certification filed in support of his PCR petition, defendant stated that prior to … second-degree crime to which he was pleading guilty. PCR determinations are guided by the two-prong Strickland/Fritz3 … consisted of. Id. at 556-57. In affirming the PCR judge's determination that a prima facie case had not been …
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… in situations where the plaintiff is required to join or support the political party in power or suffers retaliation for supporting a losing candidate or for failing to engage in …