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njcourts.gov
… assisted him in filing an amended petition and brief in support of his PCR petition. On October 12, 2022, the PCR … addressed the six arguments defendant had presented in support of his petition. Specifically, defendant had argued … he 8 A-1700-22 or she establishes "a prima facie case in support of [PCR]," (2) "there are material issues of …
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njcourts.gov
… the event had on petitioner's mental condition. In further support, petitioner called Amor Mehta, M.D., an … these arguments. Our review of an administrative agency's determination is limited. Russo, 206 N.J. at 27. We will … by an agency's statutory interpretation or other legal determinations and review these issues de novo. Mount, 233 …
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njcourts.gov
… to nullify his claims. We reject these arguments. "Final determinations made by the trial court in a non-jury case are … "findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." … 236 N.J. 431, 10 A-1350-23 440-41 (2019) (holding legal determinations regarding the applicability, validity, or …
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njcourts.gov
… there is sufficient credible evidence in the record to support the Board's factual findings that the accident was … benefits because the record supports the Board's determination that his accident was due to his willful … documents in evidence and the DIVR video, supported its determination that Almeida's willfully negligent driving …
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njcourts.gov
… pursuant to N.J.A.C. 10A:71-3.11 and fully documented and supported its decision pursuant to N.J.A.C. 10A:71-3.18(f)." … The Board concurred with the Board panel's determination "that a preponderance of the evidence [showed] … record on appeal." II. Appellate review of parole determinations "focuses upon whether the factual findings made …
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njcourts.gov
… federal claims," noting defendant "[did] not refer to any supporting materials that [counsel] should have obtained to … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing," … v. 14 A-3787-23 Kentucky, 559 U.S. 356, 372 (2010)). That determination should be "based on evidence, not speculation," …
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njcourts.gov
… Approving Settlement] recovery. In Gonzalez's affidavit in support of the settlement, he admitted he had "significant" … experts. This would enable her to make credibility determinations regarding "[Gonzalez's] testimony and the … "a form, representation by counsel, and a judicial determination of fairness and justice under all the …
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njcourts.gov
… and the complaint failed to sufficiently state a claim supporting that "the least sophisticated consumer would be … 339 (App. Div. 2017)). "Nonetheless, 'the essential facts supporting plaintiff's cause of action must be presented in … in the letter that TD Bank was the "current" creditor is unsupported. Defendant clearly and effectively disclosed TD …
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njcourts.gov
… expert report dated March 30, 2022, which further supported his negligence claim. At the reconsideration … interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … cites Cox v. Sears Roebuck & Co., 138 N.J. 2 (1994), as support for his argument that the failure to secure permits …
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njcourts.gov
… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record. '" … of the evidence that the particular facts objectively supported the officer's reasonable suspicion. Id. at 518; … 229 N.J. at 277. Therefore, those responses "cannot . . . support a detention in the first place [,]" let alone …
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njcourts.gov
… facts in the record or plaintiff's opposition papers "could support a reasonable jury finding in favor of the … issue is not the rightness or wrongness of the original determination at the time it was made but what has since … to do with "the rightness or wrongness of the original determination at the time it was made." J.N.H., 172 N.J. at …
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njcourts.gov
… final agency decision affirming the Appeal Tribunal's determination that he was disqualified for unemployment … "new claim." She recognized the Division had never sent a determination letter addressing his "prior claim dated … he could provide medical records and documentation to support his contention that he was "medically at risk" if he …
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njcourts.gov
… the charge, concluding there was "no factual or legal support for [the DOC's] conclusion that the events at the … 19, 28 (2007). "In light of the deference owed to such determinations, when reviewing administrative sanctions, 'the … based on the 'agency's interpretation of a statute or its determination of a strictly legal issue, ' we are not bound by …
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njcourts.gov
… sought by Prudent, the court found "no legal or factual support for the proposition that any debt owed by i5 to … the court again cited Bethlehem Steel Corp. for its determination legal expenses were a "loss" encompassed in the … to prove or disprove any fact of consequence to the determination of the action.'" Hrymoc v. Ethicon, Inc., 254 …
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njcourts.gov
… informed Noriega that if she disagreed with the Board's determination, she needed to file an administrative appeal by … her counsel, submitted a letter appealing the Board's determination to deny her request to amend her accidental … capricious, or unreasonable, or that it lacks fair support in the record." McKnight, 476 N.J. Super. at 162 …
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njcourts.gov
… not append the chiropractor's narrative report or any other supporting documentation. Prior to arbitration, which was … the judge again commented she still did not have any supporting documents from plaintiff: Plaintiff needs to … Dr. Kazan's narrative report and the MRI reports. In support of the motion, counsel certified he believed the …
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njcourts.gov
… of this appeal, we briefly recount the following evidence supporting defendant's convictions. The bartender that … that established an alibi defense for Sosa's murder. In support of his motion, defendant submitted a July 10, 2019 … "call . . . witnesses to vouch for his alibi." To further support his motion, defendant submitted additional …
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njcourts.gov
… did 10 A-2885-20 not address Stephen's remaining arguments supporting his dismissal motion, including Stephen's … should be dismissed where it "states no claim that supports relief, and discovery will not give rise to such a … 237 N.J. at 107. Indeed, "the essential facts supporting [the] plaintiff's cause of action must be …
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njcourts.gov
… judge to provide findings of fact and conclusions of law supporting his determination that Darwin had a duty to defend and indemnify … awarding fees and cost only where the motion judge's determination amounted to a clear abuse of discretion. Here, …
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njcourts.gov
… act of harassment. Because the judge's findings were supported by substantial credible evidence, we affirm. I. On … R. 1:38–3(d)(9) to (10). 3 A-1163-21 years. They have two children from the relationship: a son, J.G., was born in … 154 N.J. at 412). We defer to a trial judge's credibility determinations "because the trial judge 'hears the case, sees …