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… IMPROPER SUMMARY PROCESS WHICH RESULTED IN ERRONEOUS AND UNSUPPORTED FINDINGS AND A DENIAL OF DEFENDANTS' RIGHTS TO DUE … and 7 A-2592-15T1 New Jersey law militate in favor of a determination that the defendants have paid in excess of their … that all 9 A-2592-15T1 defendants can present in support of their argument are hyper- technical legal and …
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… for lack of standing because the current record does not support dismissal on that ground. Thus, we remand for … issue, and although defense counsel did not cite any law to support the standing argument, the court considered the … ("Standing, like jurisdiction, involves a threshold determination of the court's power to hear the case."). 8 …
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… and L.I.'s victim impact statements from his record. In support, defendant asserted that no evidence was ever presented to support a finding that he "stole, burgled, or, in any way … of the plea, a defendant must provide a factual basis to support restitution for the dismissed offenses). However, …
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… May 18, 2017. Plaintiff and defendant are divorced. Three children were born of the marriage. On April 18, 2017, … unless [we are] convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … (citing N.J.S.A. 2C:25-29(a)). The court should make this determination "in light of the previous history of violence …
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… "if [the] defendant has presented a prima facie claim in support of post-conviction relief." State v. Preciose, 129 … the "defendant must allege specific facts and evidence supporting his allegations," State v. Porter, 216 N.J. 343, … argument). The record also fully supports the PCR judge’s determination that defendant failed to establish a prima facie …
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… capricious, or unreasonable, or that it lacks fair support in the record." In re Hermann, 192 N.J. 19, 27-28 … bound by the agency's interpretation of a statute or its determination of a strictly legal issue.'" New Jersey Div. of … without a more detailed record that supports the MVC's determination. We remand this case to the MVC to supplement …
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… TO COMMIT ANOTHER CRIME IF RELEASED UPON PAROLE IS NOT SUPPORTED BY SUBSTANTIAL CREDIBLE EVIDENCE. (Raised Below) … infraction free for many years, undermines the Board's determination that there is a substantial likelihood he will … enumerated in N.J.A.C. 10A:71-3.11(b) and adopted the determinations made by the Board Panel, which found that there …
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… to fundamental principles of appellate review. "Final determinations made by the trial court sitting in a non-jury … judge unless we are convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … The court's findings of fact are "binding on appeal when supported by adequate, substantial, credible evidence." …
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… the judge's factual findings "so long as those findings are supported by sufficient evidence in the record." State v. … conclusions. Id. at 263. Instead, we review such legal determinations de novo. Ibid. Applying these standards to the … apparent function as a "money man" was reasonably supported by the evidence. The trial court's comparison of …
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… as well. Plaintiff referred to the following language in support of his position: 2. Buildings covered . . . at … above. [(Emphasis added).] Defendant disputed the language supported plaintiff's demands. Defendant maintained that, at … myself nor plaintiff ever agreed 8 to [defendant's] determination of the replacement cost o[r] actual cash value …
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… mold developed. In a certification submitted in support of BMC's motion and in opposition to plaintiff's … ARE APPLICABLE TO BAR COVERAGE AND THEREFORE, CANNOT SUPPORT SUMMARY JUDGMENT. POINT V: THE TRIAL COURT … into evidence of an expert's conclusions that are not supported by factual evidence or other data.'" Townsend v. …
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… the judge found the claim of negligent hiring was not supported by the facts. He also discussed and dismissed … expectations of innocent third parties. In making the determination, the totality of the circumstances are taken … v. Stewart Title Guar. Co., 203 N.J. 208, 220 (2010). The determination requires scrutiny of "the actions of the …
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… substantial prior criminal history, the record amply supported the trial judge's conclusion that aggravating … factor 11 because defendant lived with two of his children and supported a third. Before the failure to … mitigating factor. We review "a trial court's 'sentencing determination under a deferential standard of review.'" State …
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… [p]laintiff's incident took place. Although [p]laintiff supports her affidavit with photographs and videos that she … interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … owed a duty to plaintiff - it did - but whether the record supports the court's decision that, as a matter of law, …
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… point in the litigation." The statement is factually unsupported and legally erroneous. Here, plaintiff sought … week, after which the matter would be contested. We find no support for the claim plaintiff acted to mislead defendant … 375 N.J. Super. at 220. Yet, these facts at hand do not support evidence suggesting default judgment be vacated …
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… argument, plaintiff's counsel was not able to identify any support in the record for a link between these two, nor any … interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … Super. 32, 42 (Law Div. 1990). Nor does the evidence here support application of the res ipsa loquitur doctrine. As …
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… We affirm the dismissal of his CFA claim because that determination "is based on findings of fact that are adequately supported by the record," Rule 2:11-3(e)(1)(A), and Profeta … of proof. Appellate courts "review the trial court's determinations, premised on the testimony of witnesses and …
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… 13:71-23.8(e)(2). The Commission adopted the ALJ's determination. This appeal followed. 7 A-0045-17T1 I. "[We] … to be 'arbitrary, capricious, or unreasonable, or . . . not supported by substantial credible evidence in the record as … or the agency head to disturb [the ALJ's] credibility determination, made after due consideration of the witnesses' …
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… State Prison, appeals from the October 1, 2019 final determination of the Department of Corrections (DOC) upholding … the 6 A-0983-19 preponderance of the evidence presented supported the hearing officer's decision that Gooden was … supports the agency's conclusions"). "[A]lthough the determination of an administrative agency is entitled to …
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… the 3- way MOU included [defendant]." In arriving at his determination, the judge noted DPCL's address was on the MOU, … Furthermore, the alleged misconduct was immaterial to a determination of whether defendant was bound under the MOU; … interpreted the law.'" DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. …