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njcourts.gov
… reviewing courts afford no special deference to the legal determinations of the trial court when no issue of fact … We part company, however, with the motion judge's determination that plaintiff failed to satisfy due diligence … the first phase. Although the judge cited no caselaw to support his decision, see Great Atl. & Pac. Tea Co. v. …
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njcourts.gov
… that "[t]his 8 A-4129-18T2 purported restraint was not supported . . . with any findings . . . nor was it reduced … by the trial judge are considered binding on appeal when supported by adequate, substantial and credible evidence." …
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njcourts.gov
… 337 N.J. Super. at 242. In our review of a PCR court's determination, we defer to the court's factual findings, including credibility determinations, if they are supported by "adequate, substantial and credible evidence." …
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njcourts.gov
… PCR, alleging ineffective assistance of counsel (IAC). In a supporting certification, defendant asserted he was "misled" … v. Kentucky, 559 U.S. 356, 372 (2010)). The latter determination should be "based on evidence, not speculation." … we are satisfied Judge Ravin's factual findings are amply supported by the record, and his legal conclusion that …
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njcourts.gov
… of alienation and by 2016 had relieved Joel of any and all support obligations for Jennifer based on Sandra having cut … acknowledging it was "[v]ery hard for [it] to make [a] determination as to what's going on here, the dynamics between … position that the plenary guardianship should continue and supported institution of a limited guardianship. Although …
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njcourts.gov
… stable" with his chronic illness in "[g]ood control." In support of his motion, defendant submitted certain prison … With but a single exception, her findings are amply supported by the record.6 We discern no basis to overturn …
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njcourts.gov
… the selling price of real property involved in a judicial determination of its assessed value is usually a guiding … information and applied it accordingly. The argument in support of the Municipality’s motion to vacate is that: 1) … have proceeded to trial. The Municipality cites no law in support of their argument, and the court knows of none. …
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njcourts.gov
… capricious, or unreasonable, or that it lacks fair support in the record." Ibid. (quoting In re Herrmann, 192 … the agency's decision involves "predictive or judgmental determinations" that implicate the agency's administrative … Nicholas, 213 N.J. at 480. We reverse an agency's determination only when it "flout[s] the statutory language …
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njcourts.gov
… the course of two trials and that the court decisions were supported with reasoned opinions. Finally, as to the party … proceeding issued a final judgment on the merits; (4) the determination of the issue was essential to the prior … same class solely because he had once suffered an adverse determination when the facts or the law were different." Id. …
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njcourts.gov
… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4610-17T1 CHILDREN OF AMERICA, INC., and CHILDREN OF AMERICA … under the same docket number as the action on appeal and supported it with its counsel's certification. Pavilion … without leave granted, the judgment or administrative determination must be final as to all parties and all issues." …
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njcourts.gov
… wantonly vile, horrible or inhumane." The evidence at trial supported those findings because defendant told the jury … the insanity charge over his objection. The record does not support that bald assertion. In short, by contrast to the …
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njcourts.gov
… Authority (RT Authority) appeals from a final agency determination by the New Jersey Department of NOT FOR … arbitrary, capricious, or unreasonable in the DEP's determination, we affirm. I. The RT Authority, which is a … capricious, and unreasonable because it lacked factual support and ignored the unique nature of the WW Facility; …
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njcourts.gov
… held only if a defendant presents "a prima facie claim in support of [PCR]." State v. Preciose, 129 N.J. 451, 462 … brief correspond to the notice of appeal which does not support this or his other factual contentions about trial … objection or filing a motion to withdraw his plea.4 His unsupported claims do not establish a prima facie case. Nor …
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njcourts.gov
… it is "arbitrary, capricious or unreasonable, or [] not supported by substantial credible evidence in the record as … failed to show her assets were transferred for fair value. Supported by substantial and credible evidence, the …
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njcourts.gov
… filed a letter brief in opposition on April 18, 2016. In support of her motion to amend, plaintiff certified that … motion to amend." Because the court's factual findings are supported by substantial credible evidence in the record, …
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njcourts.gov
… of custody and protect the integrity of the evidence. In support of his motion, defendant submitted a letter to the … court's resolution of a discovery matter, provided its determination is not so wide of the mark or is not 'based on a … and note the case law upon which the State relies to support its position is distinguishable from the facts in …
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njcourts.gov
… it was filed eight years after defendant's conviction. In support of that ruling, the judge found that defendant … failed to appeal the judgment of conviction. Id. at 31. In support of that contention, defendant filed a certification … this last point, we emphasize that we are making no determination concerning the merits of any potential appeal. …
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njcourts.gov
… Just like you don't give a F___ about me or my family, my children, grandchildren, nobody. I don't give a F___ about … if it is arbitrary, capricious or unreasonable[,]" or unsupported "by substantial credible evidence in the record as … tribunal is . . . in no way bound by the agency's . . . determination of a strictly legal issue." Mayflower Sec. Co. …
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njcourts.gov
… fallen from a truck that had been improperly covered. In support of her claims, plaintiff served defendants with … at 540 (1995); R. 4:46-2(c). However, a trial court's determination that a party is entitled to summary judgment as … will not be defeated by bare conclusions lacking factual support, Petersen v. Twp. of Raritan, 418 N.J. Super. 125, …
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njcourts.gov
… includes a printout of the location history, which supports the certification. CitiMortgage then maintained … attorney subsequently tendered a certification and supporting documentation purporting to show that defendants …