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… or that the court ordered a withdrawal of the petition." In support of this supposition, appellate counsel cites to the … the Memorandum of Opinion written by Judge Diane Pincus in support of her February 26, 2016 order denying defendant's … and call to the stand the alleged alibi witness. The only support defendant presented for the existence of this …
njcourts.gov
… v. Silver, 387 N.J. Super. 112, 126 (App. Div. 2006) to support restraints, we reverse and remand for further … court hearing an application for an FRO must make two determinations: (1) whether the plaintiff has proved by a … Super. 34, 39 (App. Div. 2001)). In making the second determination pursuant to Silver, the court must consider the …
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… 350. The newly discovered evidence provided to the court in support of the motion for a new trial was presented in an … have exercised a peremptory challenge on this juror is supported by the credible evidence in the record. We briefly … any evidence such as an affidavit or certification to support his argument that trial counsel would have exercised …
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… his Miranda1 rights were violated, and he has three small children for whom he cares. On September 9, 2015, … subject to NERA. The judge also rejected defendant's unsupported assertion that his inculpatory statements to … the plea hearing's "backwards" sequence undermined the determination that he knowingly and voluntarily 6 A-1400-15T1 …
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… N.J. Super. 392, 401 (Ch. Div. 1990). We review a court's determination of a motion for reconsideration under an abuse … 208 N.J. 369 (2011); R. 4:50-2. We also review a court's determination of a Rule 4:50-1 motion under an abuse of … on April 1, 2016." The notice of motion stated that in support of the motion, appellant would rely upon the 7 …
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… FRO.1 We affirm. R.M. and L.A.G. are lawyers and share four children. They experienced marital difficulties during the … violence history. He also asserts there was no evidence supporting the court's reliance on the parties' financial … and the best interests of their children in its determination if an FRO was necessary because 8 A-4969-15T2 …
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… POINT I BECAUSE THE TRIAL COURT'S FACTUAL FINDINGS WERE NOT SUPPORTED BY SUFFICIENT CREDIBLE EVIDENCE, AND BECAUSE THE … courts should reverse only when the trial court's determination is 'so clearly mistaken that the interests of … 42 N.J. 146, 161 (1964)). We also agree with the legal determination Judge Caulfield reached based upon her fact …
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… Appellant Larry Yellock appeals from a September 23, 2015 determination of the New Jersey State Parole Board (Board), … A three-member Board Panel also upheld this determination. The full Board reviewed the matter and affirmed … findings of the two-member Board Panel as insufficient to support its conclusions. A three-member Board Panel …
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… modification or a short sale. Defendants fail to attach any supporting evidence to any of these claims including the … A CFA claim cannot be sustained on mere allegations unsupported by specific facts or evidence. Final judgment was … discovery might have been material to the trial court's determination. There is no argument in defendants' brief as to …
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… action was arbitrary, capricious or unreasonable, or not supported by substantial credible evidence in the record as … evidence as a reasonable mind might accept as adequate to support a conclusion." In re Pub. Serv. Elec. & Gas Co., 35 … We have no question that the evidence was sufficient to support the finding of guilt. The hearing officer found …
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… of the ordinance. We reverse because the evidence does not support either conviction. Defendant owns a vacant three … of a structure or property shall be responsible for the extermination of insects, rodents, vermin or other pests in … the 4 A-4556-14T3 occupant shall be responsible for such extermination in the exterior areas of the premises of a …
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… requiring a member to submit an expense report with supporting receipts to KSTV in order to receive … by the trial judge are considered binding on appeal when supported by adequate, substantial and credible evidence."). … 9 A-0355-17T1 established for expense reimbursement is supported by substantial credible evidence in the record. To …
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… receive benefits under the Managed Long Term Services and Supports (MLTSS) program. The application was filed with the … OCCO does not back date [its PAS] approvals unless their determination was not timely[,] which was not the case in … and services on a 24-hour basis to Medicaid beneficiaries (children and adults) who, due to medical disorders, …
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… [him]" and "never conducted any investigations." No other supporting certifications or affidavits were submitted. … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing."); … v. Kentucky, 559 U.S. 356, 372 (2010)). The latter determination should be "based on evidence, not speculation." …
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… and performing any other necessary clerical work to support supervisors. These tasks required Haviland to spend … 420 N.J. Super. 321, 324 (App. Div. 2011). An agency determination should not be reversed "unless it is arbitrary, … Id. at 172. The party challenging the administrative determination bears the burden of proof. Boyle v. Riti, 175 …
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… sale was denied. 4 A-4954-17T2 Defendants' certification in support of the motion to vacate final judgment was premised … deficiencies contained in documents submitted in support of plaintiff's motion for summary judgment , as well … deficiencies in the certification submitted by plaintiff in support of the withdrawn motion for summary judgment which . …
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… only if a defendant establishes a prima facie showing in support of the requested relief. State v. Preciose, 129 N.J. … his right to a fair trial or prejudicially impacted the determination of his guilt." The judge concluded by finding … rights were infringed." We disagree with the PCR judge's determination that defendant's claim that counsel provided …
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… that Sutton relies on a "self-serving" Certification in Support of Appeal to support his contention that the disciplinary hearing was … indicates Sutton did not waive that specific right. It also supports his claim that he was not present to do so at the …
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… DID NOT ARGUE FOR SEVEN MITIGATING FACTORS THAT ARE SUPPORTED BY THE RECORD. We review de novo the Law … or when 'inadvertent errors mistakenly impacted a determination of guilt or otherwise wrought a miscarriage of … now contends should have been found in his case are not supported by the record. An assailant who enters his home to …
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… to consider" the OPRA request form. That assertion is not supported by the record. In fact, the record demonstrates … judge unless we are convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … given little or no weight to the OPRA request form. That determination was within his discretion. Plaintiff asserts …