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njcourts.gov
… Treasurer Elizabeth M. Muoio that the State submitted in support of its merits brief. August 3, 2020 Page 9 that the … the Office of Public Finance, that the State submitted in support of its merits brief. August 3, 2020 Page 14 used in …
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njcourts.gov
… McCann Trainor argued the cause for appellants (Fox Rothschild, LLP, attorneys; Michael J. Malinsky, Christopher C. … disagree. Our review of an administrative agency's final determination is limited. In re Adoption of Amends. to N.E., … is arbitrary, capricious[,] or unreasonable, or is not supported by substantial credible evidence in the record as …
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njcourts.gov
… under the law governing parole and the factual basis supporting its findings of particular aggravating or … the public, the excessiveness of defendant's conduct amply supported a finding of aggravating factor one. Aggravating …
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njcourts.gov
… vehicle code that does define the refusal offense. Our determination in Nunnally that the charging instrument error … N.J.S.A. 39:4-50.2. This interpretation of the statute is supported by our opinion in Jalkiewicz, where we noted that … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
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njcourts.gov
… 2(c), "the court must accept as true all the evidence which supports the position of the party defending against the … remains, [we] afford[] no special deference to the legal determinations of the trial court." Ibid. "It is well-settled … for reconsideration contained numerous material errors unsupported by the record. A motion for reconsideration is …
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njcourts.gov
… recognized the Complex's governing documents "in part" supported plaintiffs' argument that they were not liable for … judge further determined discovery was not necessary "to support the validity of such expenses." The motion judge …
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njcourts.gov
… Inc., Arcuri Agency, and Peter M. Arcuri, Jr. (Golden, Rothschild, Spagnola, Lundell, Boylan & Garubo, PC, attorneys; … the available insurance coverage. Nor does Werrmann support plaintiff's attempt to establish those foundational … proceed against the brokers. She provides no authority that supports or lends any credence to this misguided premise. …
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njcourts.gov
… resolution (the Resolution) denying the application was supported by the evidence and was not arbitrary, capricious, … site is reconcilable with the municipality's legislative determination that the condition should be imposed on all … under a (d)(3) analysis. The Board's findings were fully supported by the record. Plaintiff clearly did not satisfy …
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njcourts.gov
… Astin was entitled to UIM coverage under the NJM policy. In support of that determination, the judge cited three cases: Arenson v. Am. … tortfeasor does not preclude the insured from seeking a determination that the settling party was not responsible for …
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njcourts.gov
… this charge if he had effective assistance of counsel. In support of his argument, he submitted a one-paragraph … hearing if a defendant establishes a prima facie claim in support of PCR. State v. Preciose, 129 N.J. 451, 462, … allegations, including assessments of credibility." These determinations are "best made" through an evidentiary hearing. …
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njcourts.gov
… and had not retained any law enforcement witnesses to support his defense. Defendant also maintained there was a … occurred thereafter. Moreover, there was ample evidence to support defendant's convictions. The references to the gas …
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njcourts.gov
… Stephen A. Gravatt, attorney for appellants. Fox Rothschild, LLP, attorneys for respondents (Andrew J. Karas, on … to agree on the amount of the commission"). Because a determination of whether the price was agreed to between the … the elements for acquiring quantum merit relief. In support of their contention, plaintiffs cite the Supreme …
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njcourts.gov
… 6 A-2053-19 The letter explained that: The Division's determination is based upon a decision handed down [o]n … WORK SHOULD NOT DISQUALIFY HIM FROM PERS. POINT IV: THE DETERMINATION BY PERS TO INCLUDE [HAMILTON'S] POST-RETIREMENT … capricious, or unreasonable, or that it lacks fair support in the record." Id. at 27-28. Thus, on appeal, our …
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njcourts.gov
… 130, 147 (2013)); accord N.J.S.A. 59:8-9 (assigning the determination as to whether late notice may be filed to "the … to file a late notice of claim shall be made upon motion supported by affidavits based upon personal knowledge of the … have faded due to the passage of time." The County did not support its arguments with certifications or other legally …
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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." … both probable cause and an objective exigency is simply not supported by the record. We accept Detective Souto and other …
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njcourts.gov
… and application of the TCA to undisputed facts is a legal determination that we review de novo. See Jones v. Morey's … or other similar devices." N.J.S.A. 59:4-5. "[T]he determination as to the advisability or necessity of a … signage was not palpably unreasonable, and its decision was supported by the limited accident history of the site. The …
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njcourts.gov
… I. Morad1 presented the following facts in his affidavit supporting his motion for leave to file a late notice of … 164 N.J. at 123. We review de novo the trial court's determination of an accrual date. Manalapan Realty, LP v. Twp. … circumstances," leaving "for a case-by-case determination . . . whether the reasons given rise to the …
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njcourts.gov
… 2022). We also apply de novo review to a trial court's determination on a Rule 4:6-2(e) motion to dismiss for failure … Nor does Cole v. Jersey City Med. Ctr., 215 N.J. 265 (2013) support plaintiffs' waiver argument. In that case, our … A.3d at 132 ("The holding in Rodriguez provides forceful support for the notion that [federal forum selection …
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njcourts.gov
… of the statement given to the court by Belluscio in support of the search warrant application. Defendant also … substantial, and 16 A-1968-19 the verdict may find strong support in the record; that matters not." Ibid. See State v. …
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njcourts.gov
… Findings that [Defendant] is Likely to Recidivate Was Unsupported By the Record. [(Partially raised below).] (i) The … to Find Mitigating Factors Eight and Nine Was Otherwise Unsupported. C. The Resentencing Court Erred in Finding and … defendant's conduct was excusable based on the jury's determination that his "conduct was knowing [and] purposeful." …