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… not accompanied by the filing fee and his certification in support of a fee waiver because it was not complete.2 … with no home insurance." In his certification in support of a fee waiver, defendant asserted he was without …
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… factors were considered. The court instead found Negran supported defendant's PTI entry, since it held a PTI … occurring more than a decade prior were too remote to support his disqualification from PTI under N.J.S.A. …
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… fully informed of the consequences. Moreover, we find no support for defendant's argument that he is entitled to … days after he was arrested. First, nothing in the record supports defendant's argument he was in any way confused, …
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… also contended plaintiff had not proffered any evidence to support his claim that a pothole on the property caused the … to do the work is not material to the summary judgment determination. Defendant was not responsible for controlling … of his accident and injuries. The summary judgment order is supported by the credible evidence in the record. Affirmed. …
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… of the resident credit. Following a hearing and final determination from the Director, the Tax Court affirmed the … protest, and the Director issued another final determination affirming the 2017 deficiency notice. … as they had in opposition to summary judgment, did not support their positions with legal authority, and merely …
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… Employees' Retirement System (PERS). The Board upheld a determination by the Division of Pensions and Benefits … capricious, or unreasonable, or that it lacks fair support in the record." Saccone v. Bd. of Trs., Police & … (2) whether there was substantial evidence in the record to support the agency's decision; and (3) whether in applying …
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… the Survivorship Act, N.J.S.A. 2A:15-3. Plaintiff initially supported this action with an Affidavit of Merit ("AOM") … (2) An order refusing to allow the disobedient party to support or oppose designated claims or defenses, or … 181 N.J. 354, 365 (2004) (explaining that a 11 A-2405-21 determination as to whether dismissal is appropriate requires …
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… we should not disturb "the PCR court's findings that are supported by sufficient credible evidence in the record." … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the …
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… DEVELOPED. "The scope of appellate review of a commitment determination is extremely narrow and should be modified only … "[A]n appellate court should not modify a trial court's determination either to commit or release an individual unless … We are convinced sufficient credible evidence in the record supports the court's determination that discharge with …
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… an appeal from a bench trial. We "review a 'trial court's determinations, premised on the testimony of witnesses and … 411 (1998)). "[W]e defer to the trial court's credibility determinations, because it '"hears the case, sees and observes … that those findings and conclusions were 'so manifestly unsupported 6 A-0229-22 by or inconsistent with the competent, …
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… the trial court's decision, arguing the blood draw was not supported by the evidence and that his sentence 4 A-0324-22 … we have not expressly addressed any arguments made in support of defendant's appeal, we have determined they are …
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… in a single judgment of conviction." 4 A-0192-23 In his supporting certification, petitioner attested that he had … 20, 2023, petitioner filed a motion for reconsideration. In support of that motion, petitioner represented that after …
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… A trial court's findings are "binding on appeal when supported by adequate, substantial, credible evidence." T.B. … 499, 502 (App. Div. 2017)). "We defer to the credibility determinations made by the trial court because the trial … in turn, factor that history into its reasonable person determination." J.D., 475 N.J. Super. at 314 (quoting Cesare …
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… only "whether the evidence in the record was sufficient to support a conviction on any count on which the jury found … N.J. 44, 54 (2004). Where there is sufficient evidence to support a particular verdict, it is preserved, even if …
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… On January 3, 2021, defense counsel filed a brief in support of that motion arguing defendant "felt compelled to … denying defendant's motion to withdraw his guilty plea supported by a written opinion. On January 7, 2022, …
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… SUPPLEMENTAL APPEAL BRIEF AND APPENDIX ATTACHED HEREIN IN SUPPORT OF THIS CURRENT APPEAL WERE NEVER ADJUDICATED ON THE … assistance. PCR counsel filed an amended petition and supporting brief, arguing: (1) trial counsel failed to move …
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… we should not disturb "the PCR court's findings that are supported by sufficient credible evidence in the record." … set forth in Judge Ironson's opinion, which is amply supported by the record. In short, we discern no basis to …
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… We need not consider the discovery issues in light of our determination regarding the arbitration award. 3 A-0053-21 … an affidavit of services and appropriate documentation to support its request for counsel fees. Defendant was … declined to consider as they are moot in light of our determination regarding the arbitration award. Our review of …
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… preclude AAA from trying its case and . . . asking for a determination at the end of the trial or at the end of … slept on its rights to create an equitable defense to support applying laches. II Before us, Saundra argues the … this [c]ourt affords no special deference to the legal determinations of the [motion judge]." RSI Bank v. Providence …
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… the threshold permitted in 2020 on the day they raced, supporting their motion with a copy of the lab report of the … they stipulated to the credibility of the lab results to support their motion to dismiss the charges. Because the lab …