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njcourts.gov
… without prejudice, finding the record was inadequate to support class certification. Plaintiffs moved for leave to … Given this analysis, the court does not need to make a determination on the superiority and predominance issues. … to his prior opinions, made 15 A-3393-21 credibility determinations regarding the plaintiffs, and refused to case …
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njcourts.gov
… 465 (2012), "that a sentencing judge 'take into account how children are different, and how those differences counsel … two robberies were part of the same crime spree, further supporting concurrent sentences. Finally, defendant argued … command that a sentencing judge 'take into account how children are different, and how those differences counsel …
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njcourts.gov
… and the complaint should be referred to the OAL for a determination of whether appellant's conduct was knowingly and … referral of the matter to the OAL was appropriate for a determination of whether appellant "knowingly and willfully … capricious, or unreasonable, or that it lacks fair support in the record.'" In re Proposed Constr. of …
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njcourts.gov
… conversion process would not factor into the equity determination. The Board and Amaconn's counsel then began … Amaconn's approach to calculating the equity lacked "legal support" and the Board had to follow the language in the … could introduce government tax documents to assist in a determination of Amaconn's tax expenses. The hearing resumed …
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A-1436-23 Briefs
Briefs
njcourts.gov
… filed a Motion to Stay the Promotion Process (Pa-7) with supporting Certification (Pa-8). On October 5, 2023, … Judge Hansbury’s decision was legally correct and was amply supported by the record below. Therefore, the Plaintiffs’ …
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njcourts.gov
… to prove or disprove any fact of consequence to the determination of the action." State v. Darby, 174 N.J. 509, … identifies and balances the factors and their existence is supported by sufficient credible evidence in the record, … addressed defendant's sentencing arguments, and the record supports his decision not to apply mitigating factors four, …
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njcourts.gov
… the victim called his wife. She was driving home with their children and other relatives in the car. The victim asked … is not arbitrary or discriminatory. . . . [I]f a statute is supported by a conceivable rational basis, it will withstand … court judge in Atlantic County, there are no facts supporting the recusal of the county's entire judiciary. The …
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njcourts.gov
… Id. at 479 (emphasis added). We found the statute supported this reading, as follows: The basis for this …
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njcourts.gov
… violations and to determine whether those complaints are supported by probable cause. N.J.S.A. 18A:12-27, -29.1. In … N.J.S.A. 18A:12-29(d). Accordingly, "any appeal of a determination of the [SE] Commission shall be to the [COE] whose determination shall be a final agency action under the …
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njcourts.gov
… 209 N.J. 449, 467 (2012) (stating a trial court's determination under Rule 4:50-1 "warrants substantial … the present matter, defendant has not proffered any grounds supporting a meritorious defense under subsection (a). Nor …
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njcourts.gov
… between November 21, 2017 and July 7, 2022 lacked factual support and should not be awarded. The court then found that … U.S., 397 N.J. Super. 614, 623 (App. Div. 2008). "[F]ee determinations by trial courts will be disturbed only on the …
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njcourts.gov
… [the city] did not meet its burden to prove that the determination that Ekladious did not meet the Academy's … Our scope of review of an administrative agency's final determination is limited. In re Herrmann, 192 N.J. 19, 27 … conforms with relevant law; (2) whether the decision is supported by substantial credible evidence in the record; …
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njcourts.gov
… generally give 'substantial deference' to administrative determinations." Lindquist v. City of Jersey City Fire … must be given to the "factual findings and legal determinations made by the Judge of Compensation unless they are 'manifestly unsupported by or inconsistent with competent relevant and …
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njcourts.gov
… Super. 501, 504 n.1 (App. Div. 2015). 6 A-3999-21 they are supported by sufficient credible evidence in the record." …
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njcourts.gov
… of trauma which defendant reported experiencing during childhood. The prosecutor rejected the probation officer's … admission to PTI in a detailed and thorough letter which supported the decision. We affirm for reasons set forth in … here. When considering factors that apply to PTI determinations involving Graves Act cases, prosecutors should …
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njcourts.gov
… an evidentiary hearing if they present a prima facie case supporting PCR, the court determines there are material …
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njcourts.gov
… jury proceeding was H.E.'s interview at Audrey Hepburn Children's Hospital (AHCH) in December 2021, where she was … v. Calandra, 414 U.S. 338, 343-44 (1974)). "Credibility determinations and resolution of factual disputes are reserved … if the mother's statement is considered hearsay, it would support the indictment, Vasky, 218 N.J. Super. at 491. 10 …
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njcourts.gov
… relief. Even if defendant submitted all of the documents supporting his claim that he received an illegal sentence, …
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njcourts.gov
… Department of Labor mailed Wagner a "Notice of Benefit Determination Pandemic Unemployment Assistance (PUA)" … 427 N.J. Super. 218, 223 (App. Div. 2012). The agency's determination carries a presumption of correctness, and the … 384, 390-91 (1983). "If the Board's factual findings are supported 'by sufficient credible evidence, [we] are obliged …
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njcourts.gov
… appeal falls flat as the record contains sufficient factual support for the motion court's findings. The court correctly …