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… Recording Act. Defendants again rely on Bozzarello II in support of their position. Pursuant to the Recording Act, … trial court's denial of their motion to vacate default. In support of the motion, defense counsel certified that … "the presence of a meritorious defense worthy of judicial determination . . . and the absence of any contumacious …
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… find one aggravating factor that does not appear to be supported by the record, namely, N.J.S.A. 2C:44-1(a)(12) … basis for finding aggravating factor twelve. If there is no support in the record for this finding, the court shall …
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… dispute. Because we agree with the motion court's determination that the insurance policy clearly and … we will not engage in a strained construction to support imposition of liability or write a better policy for … principles, we discern no basis to reverse the court's determination that the policy does not provide coverage for …
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… a Final Decision on May 27, 2016, upholding the ALJ's determination and suspension. Respondent was granted a stay of … they are "arbitrary, capricious or unreasonable" or "not supported by substantial credible evidence in the record as … our review of the record, we take no issue with these determinations by the ALJ. We next consider respondent's …
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… the Community was incorporated in the late 1920s, it was supported by dues paid by those homeowners who voluntarily … the record, the judge's factual findings on that point are supported by sufficient credible evidence. See Rova Farms, …
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… Hudson, who lived across the street and was a cousin to her children. Hudson gave a statement to police implicating … whether the evidence in the record was sufficient to support a conviction on any count on which the jury found … on the guilty verdict[s] is independent of the jury's determination that evidence on another count[s] was …
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… 4 A-1530-15T1 decision so long as those findings are supported by sufficient credible evidence in the record. … 364 U.S. 253, 80 S. Ct. 1431, 4 L. Ed. 2d 1688 (1960), to support this proposition. In Rios the United States Supreme … any expectations of privacy in it[.] The trial court's determination that defendant voluntarily relinquished …
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… and further noted that defendant submitted no proofs in support of her counterclaims. The court returned the matter … that the purported new evidence defendant submitted in support of her motion was irrelevant to the foreclosure …
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… to factually overcome that rebuttable presumption. The only support for the theory was that decedent was a trust and … a remand in order to develop the record necessary to support that theory, if that were possible. 2 In re Estate …
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… 95 N.J. 380, 392 (1984)). 5 A-1896-16T2 A "trial court's determination under [Rule 4:50-1] warrants substantial … 1 Although defendant's failure to challenge the court's determination under Rule 4:50-1(a) renders our consideration … of standing [does] not constitute a meritorious defense" supporting a motion to vacate a final judgment under Rule …
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… to uphold the motion judge's factual findings that are supported by sufficient credible evidence in the record. … we discern no basis for disturbing the motion judge's determination that the stop and subsequent search were valid. … 9 A-4274-16T2 The motion judge's factual findings are supported by sufficient credible evidence in the record; he …
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… or gross abuse of discretion" by the prosecutor in its determination that traditional prosecution was necessary … that reference the statute's incarceration requirement, in support of his position. The argument raised now about a per … defendant's PTI application. Defendant's driving record supported the finding that he was a poor candidate for PTI's …
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… Our review of a trial court's factual findings in support of granting or denying a motion to suppress is … whether "a trial court's factual findings are not supported by sufficient credible evidence in the record." …
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… the two-family house was not a commercial property. In support of his argument, plaintiff maintains defendant did … in Abraham v. Gupta, 281 N.J. Super. 81 (App. Div. 1995) to support its argument it was not liable to the plaintiff. In …
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… amount to an unconstitutional taking of his property. In support of his current litigation against defendants, … engineer," and the Governing Body's decision was not supported by substantial credible evidence. On or about …
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… ineffective for failing to explain that the facts did not support the crime. The Law Division judge found that defendant's unsupported assertions did not establish that counsel had … Since defendant failed to establish a prima facie case in support of post-conviction relief, no hearing was necessary. …
default
… that the record lacks sufficient credible evidence to support that (1) 6 A-2624-17T1 defendant was in control of … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … Law Division or the municipal court with respect to legal determinations or conclusions reached on the basis of the …
default
… defendant filed the PCR petition under review. In a supporting certification, 4 A-4607-16T4 defendant stated he … Such "bald assertions" of ineffectiveness are inadequate to support a prima facie claim. State v. Cummings, 321 N.J. …
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… interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … to include a charge of gross 7 A-0805-15T3 negligence. In support, plaintiff cites to Coastal Corp. Inc. v. Dryvit …
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… trial because his claim of newly discovered evidence was unsupported by legally competent evidence. Defendant sought … that the court cannot hear a motion unless the motion is supported by "affidavits made on personal knowledge, setting … witnesses). A defendant's claim seeking PCR must be "supported by affidavits or 8 A-1215-14T4 certifications …