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- njcourts.gov… a voluntary undertaking by defendants' insureds and not a determination of legal liability, thereby "vitiating … its construction of a contract, appellate review of that determination is de novo." Manahawkin Convalescent v. O'Neill, … Hahns in that litigation. 19 A-1850-20 Our careful review supports the judge's recitation of the summary judgment …
- njcourts.gov… if 'the factual allegations are palpably insufficient to support a claim upon which relief can be granted.'" (quoting … to any other method, form or amount of compensation or determination thereof than as provided in this article"). … ("The complaint should be laid alongside the policy and a determination made as to whether, if the allegations are …
- A-0684-21 – STATE OF NEW JERSEY VS. TYRONE K. RAYMOND (21-01-0019, MERCER COUNTY AND STATEWIDE) Opinionnjcourts.gov… car keys to both her car and her mother's Toyota, and her children's Xbox. She called the police who discovered a bike … claiming he "was not harming anybody" but simply "trying to support" himself. He described burglarizing homes and cars … 16 A-0684-21 Even where we decide an evidentiary determination constituted an abuse of discretion, "we must …
- njcourts.gov… or (4) the findings on which it was based were not supported by substantial, credible evidence in the record." … 402 N.J. Super. 587, 597 (App. Div. 2008). "Where the determination of the operational facts is committed to the … bound by the agency's interpretation of a statute or its determination of a strictly legal issue." Utley v. Bd. of …
- njcourts.gov… farm opportunities, birthday parties, receptions, children's farm camp," and pick-your-own events. Alstede … seasonal and part time workers ." Asdal claims, with the support of arial photos in the record, that the farm has … with the Stormwater Management Rules. Once that determination has been made and provided to 6 A-0229-21 the …
- STATE OF NEW JERSEY VS. KEVIN M. COLVELL (MA-2022-02, MERCER COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… the order from which leave to appeal [wa]s sought, but the supporting brief identifie[d] a municipal court order … "However, where issues on appeal turn on purely legal determinations, our review is plenary." State v. Monaco, 444 … (App. Div. 2016). "Mootness is a threshold justiciability determination rooted in the notion that judicial power is to …
- njcourts.gov… will be granted "only if, accepting as true all evidence supporting the party opposing the motion and according that …
- njcourts.gov… underpinning the initial and continued protective custody determinations. In December 2021, SID received notice of an … is 'arbitrary, capricious or unreasonable or [] is not supported by substantial credible evidence in the record as … making, we perceive no reason to disturb the DOC's determination. Again, the Legislature declared the DOC is …
- njcourts.gov… 2 The Township filed a motion for summary judgment, but the supporting documentation contains discrepancies that …
- njcourts.gov… it was too narrow for her to enter and exit her vehicle. In support of her application, she attached a copy of her …
- STATE OF NEW JERSEY VS. FRANK FARINA (90-09-4367, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… AGGRAVATING FACTOR [FIVE] WAS IMPOSED WITHOUT THE SUPPORT OF COMPETENT AND CREDIBLE EVIDENCE IN THE RECORD. … to our decision. In Comer, our Supreme Court recognized "children are constitutionally different from adults for … where society draws the line for many purposes between childhood and 9 A-1201-22 adulthood.'" 249 N.J. at 600 n.10 …
- njcourts.gov… and zero . . . against and one . . . abstention a determination was made that the application was substantially … 58 N.J. Super. 542, 548 (App. Div. 1959)). Given our determination to reverse the trial court's order, despite the … did not apply, the record contains sufficient evidence to support the Board's denial of the Cole application." …
- njcourts.gov… unrepresented in these proceedings, are all Martha’s stepchildren; that is, they are the issue of Harvey’s marriage … of completely exhausting the same)” for Martha’s “health, support, and 3 maintenance [in her] accustomed manner of … and the claim for her removal turns not on the bare and unsupported allegation that Martha kept James in the dark – …
- STATE OF NEW JERSEY VS. JEAN LEACH-LOUIS (01-07-1867, BERGEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… State v. Murray, 162 N.J. 240, 246 (2000). We find ample support in the record for the PCR court's conclusion that …
- njcourts.gov… the record, there is sufficient evidence in the record to support the PCR judge's 7 A-0580-23 finding that "defendant … PCR court, we conclude that assertion to be unfounded and unsupported. Moreover, a review of the plea-hearing transcript …
- STATE OF NEW JERSEY VS. JESSE SANTANA (13-11-3234, CAMDEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… knowingly and voluntarily. Here, defendant also failed to support his claim that a mental examination and subsequent …
- STATE OF NEW JERSEY VS. THOMAS CROSS (95-08-2755, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Legislature's 2020 enactment of mitigating factor fourteen supports his contention his sentence is illegal. Defendant … requirement "that a sentencing judge 'take into account how children are different, and how those differences counsel … in N.J.S.A. 2C:44- 1(b)(14)'s statutory text warrants a determination that the presumption of prospective application …
- njcourts.gov… that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." …
- njcourts.gov… not constitute excusable neglect. We also agree with her determination defendant failed to demonstrate he would suffer … from a co-defendant's car. Again, this contention lacks support in the record, which reflects the State's expert … the DNA matched defendant. We agree with the PCR judge's determination defendant failed to present any credible …
- STATE OF NEW JERSEY VS. KEVIN L. MARTIN (91-12-5048, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… in the Law Division to correct an illegal sentence. In support of his motion, defendant submitted a certification …