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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
… PCR, alleging ineffective assistance of counsel (IAC). In a supporting certification, defendant asserted he was "misled" … v. Kentucky, 559 U.S. 356, 372 (2010)). The latter determination should be "based on evidence, not speculation." … we are satisfied Judge Ravin's factual findings are amply supported by the record, and his legal conclusion that …
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njcourts.gov
… of alienation and by 2016 had relieved Joel of any and all support obligations for Jennifer based on Sandra having cut … acknowledging it was "[v]ery hard for [it] to make [a] determination as to what's going on here, the dynamics between … position that the plenary guardianship should continue and supported institution of a limited guardianship. Although …
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njcourts.gov
… stable" with his chronic illness in "[g]ood control." In support of his motion, defendant submitted certain prison … With but a single exception, her findings are amply supported by the record.6 We discern no basis to overturn …
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njcourts.gov
… and coaches "had given character statements in his support," but the prosecutor failed to consider these … judge found, appears somewhat implausible. The reasons that supported defendant's application included his participation …
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njcourts.gov
… includes a printout of the location history, which supports the certification. CitiMortgage then maintained … attorney subsequently tendered a certification and supporting documentation purporting to show that defendants …
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njcourts.gov
… and unreasonable, violated legislative policies and was not supported by credible evidence. He also argues the CRHPA did … agency's summary decision de novo because it is a legal determination. L.A. v. Bd. of Educ. of City of Trenton, 221 … issue." Ibid. (alteration in original) (quoting Dep't of Children & Families, N.J. Div. of Youth & Family Servs. v. …
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njcourts.gov
… frivolous when 'no rational argument can be advanced in its support, or it is not supported by any credible evidence, or it is completely … one of two claims was frivolous does not constitute a determination of "the reasonable attorney's fees and other …
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njcourts.gov
… Authority (RT Authority) appeals from a final agency determination by the New Jersey Department of NOT FOR … arbitrary, capricious, or unreasonable in the DEP's determination, we affirm. I. The RT Authority, which is a … capricious, and unreasonable because it lacked factual support and ignored the unique nature of the WW Facility; …
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njcourts.gov
… held only if a defendant presents "a prima facie claim in support of [PCR]." State v. Preciose, 129 N.J. 451, 462 … brief correspond to the notice of appeal which does not support this or his other factual contentions about trial … objection or filing a motion to withdraw his plea.4 His unsupported claims do not establish a prima facie case. Nor …
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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
… 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
… it is "arbitrary, capricious or unreasonable, or [] not supported by substantial credible evidence in the record as … failed to show her assets were transferred for fair value. Supported by substantial and credible evidence, the …
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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
… to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … been drinking. The totality of those circumstances amply supports the officer's probable cause to believe 10 … of alcohol. See Moore, 181 N.J. at 46. We therefore find no support for the argument that defendant's conviction cannot …
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njcourts.gov
… fallen from a truck that had been improperly covered. In support of her claims, plaintiff served defendants with … at 540 (1995); R. 4:46-2(c). However, a trial court's determination that a party is entitled to summary judgment as … will not be defeated by bare conclusions lacking factual support, Petersen v. Twp. of Raritan, 418 N.J. Super. 125, …