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- njcourts.gov… financial and legal management, information systems support, claims management, and reinsurance arrangements. In … not easily defined, informal agency action is any determination that is taken without a trial-type hearing, … 168, 173 (App. Div. 2003)). Under the APA, "if an agency determination or action constitutes an 'administrative rule,' …
- A-3903-21 – NR DEED, LLC VS. VINCENT F. ROSZKO, ET AL. (F-008421-20, MIDDLESEX COUNTY AND STATEWIDE) Opinionnjcourts.gov… judgment pursuant to Rule 4:50-1. Hope's certification in support of the motion laid out details of Vincent's … Manning, 74 N.J. at 120). Here, the record adequately supports the judge's findings of extraordinary circumstances …
- njcourts.gov… legal principles. This court's review of DMAHS's determination is ordinarily limited. Barone v. Dep't of Human … with the responsibility of implementing legislative determinations."); see also Wnuck v. N.J. Div. of Motor … (3) whether the record contains substantial evidence to support the findings on which the agency based its action; …
- Landlord/Tenant FAQs Form Document Filenjcourts.gov… verified by someone with personal knowledge of the facts supporting this complaint. There are other specific facts … If you are the tenant, you can also present evidence which supports your position. Arrange to have available any …
- njcourts.gov… financial and legal management, information systems support, claims management, and reinsurance arrangements. In … not easily defined, informal agency action is any determination that is taken without a trial-type hearing, … 168, 173 (App. Div. 2003)). Under the APA, "if an agency determination or action constitutes an 'administrative rule,' …
- njcourts.gov… claim as a counterclaim in the federal action is unsupported, as an exception to the compulsory claim … of another pending action." Thus, the federal rules do not support the preclusion of Enoch's negligence action for … federal action cannot fairly be viewed as a final determination of Jean's negligence claim on the merits. 13 …
- A-40-23 Reply Brief Letter Briefsnjcourts.gov… Brief on behalf of Plaintiff/ Appellant Linda Brehme in support of the above Petition for Certification. Respondent' … Issues Respondent has not and cannot provide any basis to support the bald conclusion that the only way to have a new … is in any event entitled and still pursue a request for a determination on appeal which would increase that sum.") 7 …
- njcourts.gov… Gerald Loschiavo. Plaintiff seeks 2 in this action a determination that she has an equitable ownership interest in … Lake Como property. And there is evidence that appears to support her position. For example, as already mentioned, the … has asserted.4 To summarize, the court bases its determination that plaintiff gifted $250,000 to defendants on …
- njcourts.gov… contact with the criminal justice system; has a GED; two-children and a girlfriend of eleven years. He further argued … the aggravating 13 A-1277-23 or mitigating factors were not supported by credible evidence, or (3) the sentence, … the law." N.J.S.A. 2C:44–1(a)(9). The sentencing court's determination is a "qualitative assessment" of the risk of …
- njcourts.gov… classification, nor is that information relevant to our determination. 3 A-0447-23 appointment to the rank of … CNA, and it is the public's interest for it [to] make a determination based on a complete record. The Commission … or unreasonable, or that it lacked 8 A-0447-23 fair support in the evidence, or that it violated legislative …
- njcourts.gov… alternatively, to waive his appearance at that hearing. In support of his alternative request, defendant submitted an … at the evidentiary hearing on his motion to suppress. In support of that ruling, the trial court issued a written …
- A-0297-22 – STATE OF NEW JERSEY VS. WILLIAM MENTER (94-10-1390, HUDSON COUNTY AND STATEWIDE) Opinionnjcourts.gov… a notice of 3 A-0297-22 aggravating factors intended to support a sentence of death for the three murders. After … sentences even though a majority of the Yarbough factors support concurrent sentences. Id. at 427-28; see also State …
- A-0484-23 – JOSEPH POLIMEDA, ETC. VS. M.R. OF TEANECK, LLC (L-5501-20, BERGEN COUNTY AND STATEWIDE) Opinionnjcourts.gov… the negligence ultimately contributed to her death. In support of the nursing negligence claims, plaintiff retained … of these three elements, the case is not sufficient for determination by the jury." Rosenberg, 352 N.J. Super. at 399. … emotional health problems, through . . . provision of care supportive to . . . well-being, and executing medical …
- A-1082-22 – DISCOVER BANK VS. S. GEORGE PODURGIEL (L-0758-22, MONMOUTH COUNTY AND STATEWIDE) Opinionnjcourts.gov… to the statement was a certification from a litigation support coordinator attesting to the fact plaintiff loaned … consist[ed] of bare legal conclusions . . . entirely unsupported by affidavit or competent evidence. Even in … judgment motion and the evidence submitted by plaintiff in support of the motion because they were not raised before …
- A-3745-22 – STATE OF NEW JERSEY VS. WILBER MEJIA-HERNANDEZ (19-02-0189, BERGEN COUNTY AND STATEWIDE) Opinionnjcourts.gov… under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." … when (1) a defendant establishes "a prima facie case in support of [PCR]," (2) the court determines that there are … there are no facts outside the trial record that support . . . defendant's claims that he was denied …
- njcourts.gov… there were no genuine issues of material fact presented to support plaintiffs' "singular claim" for unjust enrichment. … Sunnova's UCC-1 filing was superior to MTLGQ's mortgage. In support of their argument, plaintiffs cite to N.J.S.A. … over the mortgage in the foreclosure action where a determination regarding the status of the PPA and the solar …
- njcourts.gov… States, the New Jersey Judiciary will provide additional supportive information regarding its requirements under … setting forth the proposed 7 modification and the facts to support it. Until the United States agrees to the …
- A-2274-23 – STATE OF NEW JERSEY VS. DAMIAN S. EMANUEL (22-12-1421, HUDSON COUNTY AND STATEWIDE) Opinionnjcourts.gov… not be retroactively excised from N.J.S.A. 2C:58-4(c). To support his position, defense counsel claimed, "the … (quoting McDonnell v. U.S., 579 U.S. 550, 576 (2016)). To support its decision that applying the severability holding …
- njcourts.gov… written opinion, the PCR court found "that the documents support[ed] the State's position that the State never … claims if a defendant has presented a prima facie claim in support of" PCR. Id. at 462. "[C]ourts should view the facts … an evidentiary hearing, we review its legal and factual determinations de novo." State v. Aburoumi, 464 N.J. Super. …
- njcourts.gov… factual findings unless convinced "they are so manifestly unsupported by or inconsistent with the competent, relevant[,] … "findings by a trial court are binding on appeal when supported by adequate, substantial, credible evidence." … the stinging sensation caused by a slap is adequate to support an assault. State v. Downey, 242 N.J. Super. 367, …