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njcourts.gov
… WWC argues that (1) the findings of the ALJ and NJDEP are unsupported by the evidence; (2) NJDEP acted arbitrarily by … finding that WWC's well endangers the public health is unsupported by substantial evidence, and NJDEP arbitrarily … only where it is arbitrary, capricious, unreasonable or unsupported by credible evidence in the record. Henry, supra, …
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njcourts.gov
… Immediate Release of Personal Property." Defendant did not support that motion with his certification, but with the … he seeks is prima facie contraband, contending, with no support in the record and no specifics as to which items he … will then have a full opportunity to develop and provide support regarding their respective entitlement to the …
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njcourts.gov
… testified that they all got cold feet when they observed children in the proposed victim's home. Meanwhile, a … conspiracy, see N.J.S.A. 2C:5–2(e), and that the evidence supported a jury instruction on the former, but not the … and that they did so out of concern for the welfare of the children inside the home and not out of increased fear that …
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njcourts.gov
… live witness testimony" and will uphold findings that are "supported by sufficient credible evidence in the record." … omitted)). The record from the evidentiary hearing amply supports Judge Toto 's finding that defendant entered his … years. As these factual and credibility findings were amply supported by substantial evidence elicited at the …
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njcourts.gov
… Barker, 407 U.S. at 522. However, a trial judge's factual determination on a speedy trial issue "should not be … caused the delay, yet he failed to provide any factual support for his bald assertion. Officer Van Gough arrested … municipal court and the record otherwise lacks evidence to support his contention, we conclude the Law Division did not …
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njcourts.gov
… clause are ambiguous, 'courts apply the meaning that supports coverage rather than the one that limits it.'" … 'a court should not engage in a strained construction to support the imposition of liability.'" Ibid. (quoting … of the language, courts apply the meaning that supports coverage rather than the one that limits it." …
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njcourts.gov
… 3, 2018, Fargil moved for entry of final judgment. In support, Fargil submitted an affidavit of non-redemption by … to purchase the property for the sale price of $455,000. In support, Fargil submitted certifications from David Farber, … to the sound discretion of the trial court, whose determination will be left undisturbed unless it results from …
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njcourts.gov
… 1996). 5 A-2831-17T4 sentence imposed in the [JOC was] not supported by the record" and "counsel was ineffective" for … the judge "agree[d] that [defendant's] sentence [was] not supported by the record." The judge explained: At your … Harris, 181 N.J. 391, 419-21 (2004) (emphasis omitted). To support a claim of ineffective assistance of counsel, a …
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njcourts.gov
… discovery, and sanction the Attorney General's Office. In support, plaintiff's attorney certified that during the … attorney, among the statements supplied by defendants in support of their summary judgment motion was an April 23, … Schs., 362 N.J. Super. 494, 506 (App. Div. 2003). "The determination of a motion to amend a pleading is generally …
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njcourts.gov
… have [pled] guilty" but would have gone "to trial." In his supporting briefs, in addition to arguing that his attorney … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing. State … Padilla v. Kentucky, 559 U.S. 356, 372 (2010)). That determination should be "based on evidence, not speculation." …
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njcourts.gov
… "The Motion Court Abused Its Discretion on Factual Determinations." An issue that is not addressed in a party's … on whether defendant deviated from the standard of care. To support his summary judgment point, plaintiff cherry-picks … relies upon isolated excerpts of Dr. Remsen's testimony to support his argument that the experts agreed defendant …
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njcourts.gov
… evidence." Ibid. As long as the board's actions are "supported by substantial evidence in the record, [we are] bound to affirm that determination." 62- 64 Main St., 221 N.J. at 157. "When … decision regarding the validity of a local board's determination, 'we are bound by the same standards as was the …
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njcourts.gov
… for the Plaintiff. The factual evidence at trial does not support the necessary element that the check was deposited … counsel previously submitted the following eight cases support the position that Plaintiff has a valid claim … has not introduced any evidence to the contrary to support a position that TD Bank is liable to the Plaintiff …
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njcourts.gov
… an attorney for defendant, and counsel filed a brief in support of the petition, arguing that defendant's petition … prima facie case in support of post-conviction relief, a determination by the court that there are material issues of … be resolved by reference to the existing record, and a determination that an evidentiary hearing is necessary to …
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njcourts.gov
… R. 4:18- 1(b)(2). Counsel for Gillikin certified in support of a subsequent motion to dismiss that "[t]he … with prejudice pursuant to Rule 4:23-5(a)(2). In a supporting certification, defense counsel averred defendants … production, and compel defendants' depositions. Plaintiff supported the cross-motion with his own certification, a …
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njcourts.gov
… following facts from evidence submitted by the parties in support of, and in opposition to, the summary judgment … interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … of law and fact, [we] give[] deference . . . to the supported factual findings of the trial court, but review[] …
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njcourts.gov
… denied Five Star's setoff request because it was not supported by documentary evidence. The 6 A-2336-14T2 court … 9 A-2336-14T2 Our standard of review of the trial court's determinations following a non-jury trial is a limited one. … in its written decisions. We defer to the court's factual determinations, regarding the claims and credits sought by …
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njcourts.gov
… to vacate his guilty plea. A certification submitted in support of the motion asserted he is not fluent in English … deportation consequences of his plea. That argument is unsupported by an affidavit as required by Rule 3:22-10(c), … terms of the plea agreement as "a bald assertion, unsupported by the facts in the record." He included excerpts …
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njcourts.gov
… could never find O'Neill's conduct to be reckless is not supported by the totality of the evidence before the court. … to minors, there are sufficient factual disputes which support submission of this matter to the jury. B. The … subject to the heightened standard. To the contrary, our determination is in accord with and embodies the persuasive …
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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." … that "there was substantial credible evidence to support the findings of the motion judge that the . . . … in question was involved in criminal activity. Such a determination can be made only through a sensitive appraisal …