njcourts.gov
… 2C:25-17 to -35. Because the trial judge made credibility determinations, factual findings that were supported by substantial credible evidence, and correctly … plaintiff testified that defendant would kick and throw her children's clothes in the garage and hide their shoes. …
njcourts.gov
… with the necessary "facts outside the trial record" to support his argument. The PCR court determined defendant was … PCR court emphasized defendant's "bald assertions" were not supported by the record and defendant never objected to his … he 10 A-2642-22 or she establishes "a prima facie case in support of [PCR]," (2) "there are material issues of …
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njcourts.gov
… renovations to make it a livable residential space. As support, plaintiffs proffered the testimony of a … home office use. See Clemente, 27 N.J. Tax at 268 (A HBU “determination is not based on value-in-use because the determination is a function of property use and not a function …
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njcourts.gov
… FUNDAMENTAL INJUSTICE ARTICULATED IN HIS CERTIFICATION IN SUPPORT OF THE PCR PETITION OR PERMITTING DEFENDANT AN … the photograph because he was "functionally illiterate." In support of that argument, defendant filed a certification … set forth in Rule 3:22-12(a)(2). In his certification in support of the second petition, defendant claims that he was …
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njcourts.gov
… following facts from evidence submitted by the parties in support of, and in opposition to, the summary judgment … Wells Fargo confirmed in a supplemental certification with supporting documents that as of December 11, 2013, Wells … 149 N.J. 408 (1997). Nevertheless, neither Upke nor Yvanova support defendant's position. In Upke, we did not discuss …
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njcourts.gov
… BETWEEN THE TRIAL ATTORNEY AND DEFENDANT IS MATERIAL TO A DETERMINATION OF WHETHER DEFENDANT'S GUILTY PLEA WAS "FORCED." … the suppression motion. We are satisfied the record fully supports the conclusion defendant failed to meet both prongs … would have elected to proceed to trial. In the absence of supporting certifications or affidavits, it was proper for …
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njcourts.gov
… attorneys; Giacomo F. Gattuso, of counsel; Joseph M. Hauschildt, Jr., on the brief). 1 Improperly designated as … discussion regarding gratuities has no bearing on our determination of the dispositive issues in this case. 3 … A plaintiff is required to provide specific proofs in support of an ascertainable loss, and subjective assertions …
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njcourts.gov
… Home Health Aide for the past six years," had "four children in [her] custody, and [was] expecting" a fifth. … Defendant appealed the denial to the trial court. In a supporting certification, defense counsel stated that … officer who was also the grandfather of one of defendant's children. In response, the State acknowledged considering …
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njcourts.gov
… thus, only that amount should be turned over to A&S. To support those positions, Rapid submitted the certification … that the plain language of the AP Agreement did not support that position, and Rapid's contention was not supported by the certification submitted by Sablosky, the …
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njcourts.gov
… deference and will be left undisturbed so long as they are supported by substantial credible evidence. Reilly v. Weiss, … denied, 249 N.J. 95 (2021). "If the plaintiff 'fails to support his own title, the defendant will retain possession … — both the 2013 deed and the parties' consistent testimony support that conclusion. The record clearly established that …
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njcourts.gov
… that the evidence presented at trial was insufficient to support the trial judge's conclusion 2 After plaintiff filed … that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence. … that Wisdom's testimony was credible and we defer to that determination. On the other hand, the judge found that …
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njcourts.gov
… N.J.S.A. 30:4- 123.53 (amended 1997). In making its determination, the Board must consider all pertinent factors, … with respect to aggravating and mitigating factors were supported by information presented in a panel interview, … 6 A-4335-18T1 The detailed reasons given by the Board in support of its decision amply demonstrate that it did not …
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njcourts.gov
… a temporary protective order (TPO) on June 28, 2017. In support of the TPO, plaintiff alleged defendant, the pastor … interest in defendant. Based on the judge's credibility determinations and consideration of defendant's text message … defendant might be entitled to such relief. Such a determination is dependent on the evidence produced in …
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njcourts.gov
… to be 'arbitrary, capricious, or unreasonable, or [ ] not supported by substantial credible evidence in the record as … 17:22A-40(a)(2), (4), (8). There was unrebutted evidence to support the charges that appellant violated the regulations, … default. However, there is nothing in the Act that would support the imposition of the maximum civil penalty just …
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njcourts.gov
… work authorization and worked steadily. He has three grown children and one grandchild, all United States citizens. In 2018, Gustavo … PCR petition if he or she establishes a prima facie case in support of PCR. To establish a prima facie case, a defendant …
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njcourts.gov
… under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." … to the trial court's factual findings . . . 'when supported by adequate, substantial and 7 A-1006-18T2 … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the …
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njcourts.gov
… assistance of counsel. First, his certification in support of PCR alleged his trial counsel provided … only if a defendant establishes a prima facie showing in support of the requested relief. State v. Preciose, 129 N.J. … by these principles, we disagree with the PCR judge's determination that defendant's claims that counsel provided …
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njcourts.gov
… plaintiff filed a motion for summary judgment. Plaintiff supported its motion with a certification from Karter … essentially argues that: (1) the Nelson certification and supporting documents were inadequate to establish … (2006) (citation omitted). On review, the trial judge's determination will not be disturbed unless it constitutes a …
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njcourts.gov
… we defer to the trial court's findings of fact where supported by "sufficient evidence in the record." State v. … many sister states, had provided de facto, if not de jure, support for law enforcement to believe that alcohol dissipation in and of itself supported a finding of exigency for a warrantless search of …
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njcourts.gov
… pleading guilty and continuing through sentencing." In his supporting 4 A-2065-18T2 certification, defendant averred … N.J. Super. at 170. Judge Caulfield's findings are fully supported by the record and her conclusions are consistent … sentence would not have made sense. This finding is amply supported by the record. Moreover, defendant did not appeal …