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njcourts.gov
… an order granting summary judgment to the City. The court supported that order with a written opinion. In its … not palpably unreasonable, and does not require a jury determination. See Maslo, 346 N.J. Super. at 351. 9 … N.J.S.A. 59:2-3(d) establishes immunity for discretionary determinations concerning the use of public resources. In …
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njcourts.gov
… THE UNCORROBORATED ALLEGATIONS OF THIRD PARTIES OFFERED IN SUPPORT OF THE SEARCH WARRANT APPLICATION WERE SUFFICIENT, … at 238). 8 A-3493-17T1 Courts must base a probable cause determination on the totality of the circumstances and … "should pay substantial deference" to the discretionary determination of the issuing judge. Kasabucki, 52 N.J. at 117. …
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njcourts.gov
… of the trial court, " 'so long as those findings are supported by sufficient credible evidence in the record.'" … out-of-court identifications. The judge's findings were supported by sufficient credible evidence in the record of …
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njcourts.gov
… I. As a general proposition we defer to "factual findings supported by adequate, substantial, credible evidence." … "not accord the same deference to a trial judge's legal determinations. . . . Rather, all legal issues are reviewed de … Super. 552, 568 (App. Div. 2013)). Generally, a court's determination under Rule 4:50-1 warrants substantial deference …
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njcourts.gov
… "we will not 'engage in a strained construction to support the imposition of liability' or write a better … v. Brady, 973 F.2d 192 (3d Cir. 1992), a case he cites in support of an argument presented to us for the first time in …
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njcourts.gov
… attorney. The court also found insufficient evidence to support defendant's claims his counsel did not investigate … have pleaded guilty. We defer to the court's credibility determination because it had the ability to hear and see the … We defer to the PCR court, who based its credibility determination on the host of inconsistencies testified to by …
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njcourts.gov
… of the account's distribution. Defendant stated in her supporting certification that shortly after the JOD was … made by a trial court when such findings are 7 A-2353-17T1 supported by adequate, substantial, and credible evidence. … court's factual findings when they are "so manifestly unsupported by or inconsistent with the competent, relevant …
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njcourts.gov
… and June 1, 2006. This distinction is not germane to our determination of this matter. 4 A-4441-16T3 bankruptcy. In … upon defendant, and his purported acknowledgment of it, supports that conclusion. Even if she is deemed a … here, we conclude that, contrary to the judge's determination, plaintiff established a prima facie claim for …
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njcourts.gov
… One filed a motion for summary judgment. The motion was supported by an affidavit of an authorized agent of Capital … review "is limited to whether the trial court's decision is supported by the record as it existed at the time of" its … v. Little, 135 N.J. 274, 283 (1994). A trial court's determination under Rule 4:50-1 is entitled to substantial …
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njcourts.gov
… I will consider the identification in my final determination of innocence or guilt. On February 14, 2013, the … petition if the defendant presents a prima facie case in support of PCR, the court determines there are material … we discern no abuse of discretion here. There is ample support in the record for the trial court's conclusion that …
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njcourts.gov
… that would have been helpful to defendant's position." In support of that claim, defendant cited to State v. Murphy, … upon "defendant's extensive criminal history[, which] supported a finding that there were no significant breaks in …
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njcourts.gov
… arbitration. Plaintiffs rely on Price, 182 N.J. at 522, to support their arguments. In Price, the plaintiff was insured … efforts by plaintiffs. There are no facts in this case to support an equitable tolling of the statute of limitations' …
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njcourts.gov
… trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the … "he must assert the facts that would have been revealed, 'supported by affidavits or certifications based upon the …
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njcourts.gov
… factual findings of the trial court if those findings are supported by sufficient evidence in the record. State v. … the circumstances test to make "a practical, common sense determination whether, given all of the circumstances, 'there … We discern no abuse of the court's discretion in this determination. Our Supreme Court has held "a person has no …
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njcourts.gov
… Farrington is challenging the final administrative determinations of the PERS Board of Trustees (the Board or … administrative appeal.1 We thus address only the Board's determinations. Finding these determinations to be neither … arbitrary, unreasonable, or capricious action, or a lack of support in the record, "[a]n administrative agency's final …
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njcourts.gov
… and NJM as her insurer. We defer to the trial court's determination that this alleged conflict was not a subject … afterwards. The judge made detailed credibility findings in support of her decision. After carefully considering the … to the judge's credibility findings and her overall determinations of fact, including her critical finding that …
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njcourts.gov
… ALJ's initial decision, finding the executive director's determination to call up the preliminary approval was correct … the Commission concluded the executive director's determination was governed by the CMP and not a local … director to call up the municipality's approval. In support of its premise, petitioner relies upon N.J.S.A. …
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njcourts.gov
… reasons for failing to contact Moses or use the letter in support of defendant’s motion. [State v. Jihad Bassit, … at the time, he would have made an effort to include it in support of defendant’s motion to withdraw his guilty plea. …
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njcourts.gov
… defense; plaintiff's proofs were insufficient to support final judgment; plaintiff lacked standing to … in March 2015, well after the deadline expired. We find no support whatsoever in the record for, and decline to … standard. Ibid. 6 A-5346-15T4 "The trial court's determination under [Rule 4:50-1] warrants substantial …
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njcourts.gov
… is 'arbitrary, capricious or unreasonable or is not supported by substantial credible evidence in the record as … 550, 578 (1982). In light of the deference owed to such determinations, when reviewing administrative sanctions, "the … of review, we see no basis to interfere with that determination. Affirmed. … a1726-15.pdf … A-1726-15T4 …