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njcourts.gov
… contends the search was unlawful because it was not supported by probable cause, and the handgun discovered … court's factual and credibility findings provided they are supported by sufficient credible evidence in the record. … of the facts presented to the arresting officer would support "a [person] of reasonable caution in the belief that …
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njcourts.gov
… $23,298.39, including $8,591.34 in attorney's fees. To support the attorney's fee award, Riso submitted an 1 … v. Cesare, 154 N.J. 394, 411 (1998)). We review final determinations made by the trial court "premised on the … 595 (2020). "[W]e defer to the trial court's credibility determinations, because it '"hears the case, sees and observes …
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njcourts.gov
… the Division of Agency Services' (Agency Services) determination that certain Family Service Worker (FSW) … FSW title. The Commission found there was no authority to support CWA's contention that the County was prohibited from … our limited scope of review, we conclude the Commission's determination was not arbitrary, capricious, or unreasonable, …
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njcourts.gov
… of the factual basis for the plea and the court's determination of aggravating and mitigating factors. We … PLEA OF GUILTY WAS NOT MADE INTELLIGENTLY AND NOT SUPPORTED BY AN ADEQUATE FACTUAL BASIS. A. The Legal … Ordinarily, we defer to the sentencing court's determination, State v. Fuentes, 217 N.J. 57, 70 (2014), and …
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njcourts.gov
… in the proceedings as possible, preferably on a properly supported motion for summary judgment or dismissal." … Div. 1957)). Thus, we review de novo the trial court's determination that a dismissal is warranted because defendant … call witnesses on her behalf. The facts as alleged do not support a finding that defendants violated plaintiff's …
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njcourts.gov
… defendants filed a motion to enforce the settlement. In his supporting certification, defendants' 1 The court issued a … upon by the [t]rial [c]ourt were not ripe for judicial determination[,] and the [t]rial [c]ourt entangled itself in … for a clear abuse of discretion and will disturb that determination "only on the rarest [of] occasions." Hansen v. …
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njcourts.gov
… on or before April 15, 2024. 3 The circumstances also support the remedy sought. Plaintiff credibly testified that … emails (see P-11, P-12, and P- 13), which also support their testimony, Diaz advised Polcari that defendant … advantage of an unwitting seller. The evidence does not support such a conclusion. Here, plaintiff was looking for …
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njcourts.gov
… at its campus, while continuing other operations to support remote learning. In that regard, the University … "[d]e novo review applies when appellate courts review determinations about the enforceability of contracts, … More particularly, the question before us involves a determination of substantive arbitrability. See Amalgamated …
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njcourts.gov
… The central issue before us is whether there is sufficient support in the record for the Board's determination that he was not rendered disabled from the … Ho Go's application. While the Board adopted the ALJ's determination regarding delayed manifestation, it rejected his …
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njcourts.gov
… an evidentiary hearing if they present a prima facie case supporting PCR, the court determines there are material … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon … and the borrowed car. Defendant has offered no evidence to support his arguments, and the court was correct to deny his …
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njcourts.gov
… in their favor on plaintiff's civil fraud claims. In support of their motion, defendants argued neither EHMS nor … having been presented or developed which could possibly support such assertion. As a result, the court concluded … N.J. 202, 209 (2014). Self-serving assertions that are unsupported by evidence are insufficient to create a genuine …
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njcourts.gov
… when he sexually penetrated her without her consent. In support of that claim, defendant produced a statement, … court entered an order denying defendant's petition for PCR supported by a written opinion. The court determined the … was committed. There is no basis to disturb the court's determination that defendant failed to demonstrate denial of …
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njcourts.gov
… where the factual allegations are palpably insufficient to support 10 A-2933-21 a claim upon which relief can be … In applying these principles to the trial court's determination of defendants' Rule 4:6-2(e) motion, we are … correctly determined the allegations in each count did not support a cause of action. The court discussed each count in …
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njcourts.gov
… N.J.S.A. 39:3-10.4. 4 A-0484-24 Our review of an agency's determination is limited. See Allstars Auto Grp., Inc. v. … 206 N.J. 14, 27 (2011)). "We will not overturn an agency determination unless it is arbitrary, capricious, or … (2) whether the record contains substantial evidence to support the findings on which the agency based its action; …
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A-64-24 Supplemental Respondent Brief
Briefs
njcourts.gov
… P.J.A.D. Hon. Lisa A. Puglisi, J.A.D. SUPPLEMENTAL BRIEF IN SUPPORT OF DEFENDANT-RESPONDENT NIRAV PATEL Galantucci & … views of the trial judge in certain areas. Although his determination as to worth of certain evidence, plausibility or … will be upheld where there is sufficient evidence to support the conviction on that charge.” State v. Terrell, …
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njcourts.gov
… found, that Officer Hackett's testimony was credible. It is supported without question by the audio and video from both … is 'sufficient credible evidence . . . in the record' to support the [Law Division's] findings." State v. Robertson, … there is sufficient credible evidence in the record to support the Law Division's finding that defendant was …
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njcourts.gov
… "[F]indings by a trial court are binding on appeal when supported by adequate, substantial, credible evidence." … 140 N.J. 366, 378 (1995)). We review evidentiary determinations, including decisions on the order and manner of … Our review of the transcript confirms the judge left that determination to counsel, who apparently 13 A-0147-24 made the …
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njcourts.gov
… 237 N.J. 465, 475 (2019). We will uphold an agency's determination "'unless there is a clear showing that it is … capricious, or unreasonable, or that it lacks fair support in the record.'" Saccone v. Bd. of Trs., Police & … 150, 169 (2011)). Additionally, we defer to credibility determinations because the judge "'hears the case, sees and …
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njcourts.gov
… a general contractor or a "co- contractor" with Aliano to support its argument the Township had a direct duty of care … We reject this contention as no evidence in the record supports plaintiff's argument that the Township retained … safety meetings was sufficient to create factual issues to support plaintiff's assertions that the Township exercised …
njcourts.gov
… not have the purposeful or knowing state of mind needed to support a murder charge. The jury disagreed, and defendant … he had already refinanced a house he owned, depleted his children's education funds and was running out of money.2 In … and bothering" her. According to her 2 Defendant had six children with his first wife. 5 A-2460-19 coworkers, …