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- njcourts.gov… 2006)). Again, a naked assertion by the taxpayer without support is insufficient to rebut an audit determination. Yilmaz, 390 N.J. Super. at 440, 23 N.J. Tax at … remembered that the director “has wide latitude to make a determination regarding sales taxes that are due using one or …
- njcourts.gov… purchased was required to contain a subrogation waiver. In support of their argument, the Association relies on …
- njcourts.gov… Salas filed an administrative appeal challenging the LOI determination. The NJDEP referred the administrative appeals … on the appeals. The ALJ concluded that the NJDEP's LOI determination was proper, and that the conditions the NJDEP … to consider the claim asserted in the complaint. In support of that argument, the Association relies upon a …
- njcourts.gov… in this State involving an insured tortfeasor, the determination as to whether an insurer . . . is legally … in this State involving an insured tortfeasor, the determination as to whether an insurer, health maintenance … Allstate's argument that it was denied due process is supported by our jurisprudence, in tandem with the No-Fault …
- njcourts.gov… are not more accurate eyewitnesses than civilians.” For support, he relies on social science research and cites …
- J.B., ET AL. VS. CITY OF HOBOKEN, ET AL. (L-1956-14, HUDSON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… of D.D., McLendon found him to be "lackadaisical" and "childish." She concluded D.D. was "a highly immature … under the CRA. We also agree with the motion judge's determination that the Civil Service Act (CSA), N.J.S.A. … under the CRA. Plaintiffs fail to cite a single case in support of that proposition. Plaintiffs assert that the CRA …
- njcourts.gov… findings of the trial court so long as those findings are supported by sufficient evidence in the record." State v. …
- njcourts.gov… The jury was therefore left free to make the ultimate determination of whether defendant possessed CDS with the … identifies and balances the factors and their existence is supported by sufficient credible evidence in the record, …
- STATE OF NEW JERSEY VS. RASHEEN T. KELLY(14-04-0271, SALEM COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… mistake and correct the mis-charge." The record does not support this argument either. The court immediately realized … is not a necessary condition, however, to the court's determination whether defendant is subject to a sentence up to …
- ESMAY PARCHMENT VS. CITY OF EAST ORANGE, ET AL.(L-182-12, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… defense. In a written opinion, Judge James S. Rothschild, Jr. granted the City's motion and denied plaintiff's … and favored the City. Citing N.J.S.A. 40A:10-1, Judge Rothschild explained that the City was permitted, but not … and statutory obligations. We reject plaintiff's unsupported allegation that the City controlled litigation …
- njcourts.gov… there was clearly sufficient evidence in the record to support defendant's kidnapping and sexual assault in the …
- State v. Aakash A. Dalal - Published Opinionsnjcourts.gov… argues that the judgment of the Appellate Division is not supported by a “convincing legal basis” and will tacitly …
- njcourts.gov… whether a party waived its arbitration right is a legal determination subject to de novo review." Cole v. Jersey City … 378 (1995). The findings of fact underlying the waiver determination, however, "are entitled to deference and are … for "extreme prejudice" to SAE from arbitration, all support the trial court's determination that Avaya waived …
- A-3399-18T1 Opinionnjcourts.gov… things needed are homeowners insurance, executed flood determination notice, and proof of deposit, which . . . the … While the judge "must accept as true all the evidence which supports the position of the party defending against the … summary judgment was appropriate, as, given our foregoing determinations, D'Agostino failed to prove that the Carlin …
- A-5991-17T1 Opinionnjcourts.gov… 13 A-5991-17T1 [i]n our view, 'so far as possible' supports that the Legislature wanted the limitation so far …
- A-0847-18T1 Opinionnjcourts.gov… of counsel (IAC), and was assigned PCR counsel. To support his petition, defendant certified his "attorney … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing. State … Padilla v. Kentucky, 559 U.S. 356, 372 (2010)). That determination should be "based on evidence, not speculation." …
- A-0430-18T4 Opinionnjcourts.gov… RELATIONS. POINT III: THERE WAS NO FACTUAL BASIS TO SUPPORT [DEFENDANT]'S PLEA; THUS [DEFENDANT]'S SENTENCE WAS … the sense that an error or violation played a role in the determination of defendant's guilt in order to overcome the …
- A-1981-20 Opinionnjcourts.gov… as soon thereafter as possible. The application, maps and supporting documents are on file in the Lakewood Township … decision regarding the validity of a local board's determination, 'we are bound by the same standards as was the … fairly apprised thereof so that they may make an informed determination as to whether they should participate in the …
- A-1355-21 Opinionnjcourts.gov… we 'defer to the factual findings of the trial court . . . supported by sufficient evidence in the record,' because a … in custody.'" Ibid. (quoting P.Z., 152 N.J. at 102). The determination of whether a person is in custody is … N.J. 44 (1999). The "[d]efendant, his fiancée, and their children were taken to headquarters to give formal …
- A-2809-20 Opinionnjcourts.gov… motion to vacate the default judgment on June 25, 2020. In support of his motion to vacate the default judgment, … under Rule 4:50-1(f). 9 A-2809-20 B. "The trial court's determination under [Rule 4:50-1] warrants substantial … required under the case law, and by making credibility determinations based on conflicting certifications. The trial …