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- njcourts.gov… In this case, no different from other conflict cases, the determination of whether a Zoning Board member possessed a … members. Dr. Kenneth’s nephew and two nieces (Dr. Daniel’s children) -- Dr. Daniel III, Stacey A. Conte, and Jamie G. … should be approved for their project.” Anthony Barckett: “I support the Contes, yes. I believe what others have said is …
- njcourts.gov… bills in excess of the elected PIP policy coverage in support of fault-based claims for economic damages against … those of the parties. 11 II. Plaintiffs, as well as their supporting amici, focus on certain language in N.J.S.A. … that, even with the related definition of economic loss,3 supports plaintiffs’ preferred interpretation. Section 12 …
- njcourts.gov… others," citing N.J.S.A. 2C:44-1(d). We review sentencing determinations with a deferential standard, see State v. … and mitigating factors found by the trial judge were unsupported by the evidence, or the judge's application of the … State v. Hicks, 54 N.J. 390, 391 (1969)). The ultimate determination "is whether the disparity is justifiable or …
- STATE OF NEW JERSEY VS. ROBERT BELL (13-01-0004, GLOUCESTER COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… through the record in search of any combination of facts supporting a lesser-included charge." State v. Denofa, 187 … 209 N.J. 431, 439 (2012). "Trial court evidentiary determinations are subject to limited appellate scrutiny, as … State v. Mancine, 124 N.J. 232, 248 (1991). "The determination of the reliability of pretrial statements must …
- Janell Brugaletta v. Calixto Garcia, D.O. (079056) (Passaic County and Statewide) - Published Opinionsnjcourts.gov… its content. The court found, 2 contrary to CMH’s determination, that the report revealed plaintiff had suffered … occurred, and it determined that the trial court’s SPAE determination was in error because “an expert opinion was … whether the record contained sufficient evidence to support the trial court’s SPAE determination, the panel …
- njcourts.gov… that he agreed with Magistrate Judge Steven Gold’s determination that the “transfer [of the Property by Regina] … (JG)(SMG) at *29 (E.D.N.Y. Aug. 17, 2009). Though this determination was not essential to his decision, and certainly … is nevertheless persuasive and provides further support to this court’s conclusion. In August of 1999, the …
- njcourts.gov… of new law; (3) the factual allegations have evidentiary support or, as to specifically identified allegations, they are either likely to have evidentiary support or they will be withdrawn or corrected if reasonable … or discovery indicates insufficient evidentiary support[.] [R. 1:4-8(a) (emphasis added).] The circumstances …
- STATE OF NEW JERSEY VS. PATRICK F. ALLEN (13-01-0043, MONMOUTH COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… "was on top of his dying wife when he was scratched" was supported by that doctor's report. Defendant further … response, Mazza explained that he was instructed on those determinations as part of his domestic violence training. … scratches on my client's face that . . . led you to the determination they were defensive wounds?" The State objected …
- STATE OF NEW JERSEY VS. LASHAWN FITCH (09-07-1467, MONMOUTH COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… so long as sufficient credible evidence in the record supports those findings. Those factual findings are entitled … (App. Div. 1997). The trial court must make a preliminary determination of whether there is independent proof of the … independent of the text messages supporting the judge's determination that a conspiracy existed and defendant …
- njcourts.gov… Medical Center, Simon Wiesenthal Center, Jewish Family and Children's Service of Greater Monmouth County, and B'nai … and accord "no special deference" to the judge's legal determinations. Templo Fuente De Vida Corp. v. Nat'l Union … write the May 2013 Trust. Rather, they argued the facts supported in accordance with the formal requirements of the …
- njcourts.gov… motion, arguing the victim's history of domestic violence supported his claim of defense of others, namely, Tylka. The … head into the concrete. The hostess turned and pushed her children back into the house. She, too, retreated inside the … OF FACTOR 8 (CIRCUMSTANCES UNLIKELY TO RECUR) AND UNSUPPORTED FINDING OF AGGRAVATING FACTOR 6 (EXTENT OF …
- njcourts.gov… of Camden. Each plaintiff operates a day care center for children on its property. For a number of years prior to … follows: The Camden County Tax Administrator has made a determination that your day care facility is not eligible for … additional evidence to be submitted by plaintiffs in support of their previously denied motions for summary …
- STATE OF NEW JERSEY VS. MARK WILLIAMS (14-01-0052, PASSAIC COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… on all charges. The court found the hindering charge was supported by defendant's concealment of the cocaine in his … evidence in violation of N.J.S.A. 2C:28-6. The evidence supporting the conviction showed the defendant discarded … facility, N.J.S.A. 2C:35-7.1.7 Defendant contends a determination of guilt under N.J.S.A. 2C:35- 7.1 requires a …
- STATE OF NEW JERSEY VS. LAURIE WINT (12-09-2523, CAMDEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… 212 N.J. at 49. By comparison, "with respect to legal determinations or conclusions reached on the basis of the … questions of law and fact, we give deference only to the "supported factual findings" of the trial court, "but review … we give due deference to the trial court, including its determination that the detectives who testified at the …
- njcourts.gov… and sought reimbursement for from private parties. Far from supporting the position taken in this action, Ventron … 1991 to allow for contribution actions. Ibid. For further support, the trial court relied on Department of … claims against the State, subject to the Legislature’s determination to satisfy the adjudicated claims. Id. at …
- njcourts.gov… them into public servants. Judge Palmer found additional support from federal case law in which private rescue squads … a divided three-member panel affirmed the trial court’s determination that defendant “was not a ‘public servant’ as … fundamental nature of the undertaking” -- the education of children -- is not changed when a private institution …
- njcourts.gov… of the Appellate Division affirmed the trial court’s determination. A majority of the panel agreed with the trial … court pending resolution of GEICO’s reimbursement claim. In support of its motion, GEICO argued, pursuant to N.J.S.A. … in this State involving an insured tortfeasor, the determination as to whether an insurer is legally entitled to …
- njcourts.gov… therefore had a constitutional basis to make the stop. To support this premise, the Attorney General refers to Officer … Accordingly, we must respect factual findings that are “supported by sufficient 12 credible evidence” at the … high-beam statute, N.J.S.A. 39:3-60, upon probable cause, supported by oath or affirmation, and particularly …
- njcourts.gov… is a question of law . . . the trial judge's coverage determination [is reviewed] de novo." Ohio Cas. Ins. Co. v. … A-5589-13T3 14 In sum, the law and the record amply support Phibro's argument that the stunted growth of the … proceeded [against the insured] was irrelevant to a determination of whether there was a covered A-5589-13T3 19 …
- njcourts.gov… petitioner Bernice Tambascia-Folcher in 2002. Each had children from a prior marriage. A post-marital agreement … boat, pickup truck, and car were to be bequeathed to his children. In January 2006, Folcher had his attorney revise … pain medications, was wheelchair-confined, needed oxygen support, and generally relied on Bernice for his basic daily …