njcourts.gov
… prejudice, a defendant must show not only that the outcome of his trial would have been different absent the … 187 N.J. 293, 314 (2006)). We defer "to a PCR court's factual findings based on its review of live witness … Nash, 212 N.J. 518, 540 (2013). We do not second-guess the fact-finder's credibility findings except in extraordinary …
default
… Kelly's thorough oral opinion. We add the following brief comments. When the Law Division conducts a trial de novo on … should not undertake to alter concurrent findings of facts and credibility determinations made by two lower … municipal court judge's detailed credibility findings, was comprehensive and correct. Affirmed. … STATE OF NEW JERSEY …
default
… to vacate default judgment.1 We affirm. We recite the facts necessary to review the matter on appeal. On June 19, … for LSF9 Master Participation Trust, filed a foreclosure complaint against defendants after they defaulted on their … process server, defendants were served with the foreclosure complaint on June 20, 2017. Defendants failed to file a …
njcourts.gov
… and Mawla. On appeal from the New Jersey Civil Service Commission, Docket No. 2019-1649. Harkavy Goldman Goldman & … no longer considering his candidacy because of "his unsatisfactory work history as a Linden Public Safety … list [of candidates for police officer] due to your unsatisfactory driving record which relates adversely to the duties …
njcourts.gov
… I: THE STATE FAILED TO MEET ITS BURDEN OF ESTABLISHING A COMPELLING EXIGENCY OR EMERGENCY SUFFICIENT TO JUSTIFY … SENTENCE WAS EXCESSIVE. We defer to both credibility and factual findings of the trial court unless they are … in prison pursuant to NERA. The court found aggravating factors three, N.J.S.A. 2C:44-1(a)(3), the risk that he …
njcourts.gov
… at the FRO plenary hearing. The trial court found that L.F. committed the predicate act of harassment by driving past … This procedural deficiency undermined the integrity of the factfinding process to the point that a new plenary hearing … procedural error, we need not recount in this opinion the facts that detail how the relationship between mother and …
njcourts.gov
… a Division of First Tennessee Bank, NA, filed a foreclosure complaint after defendant defaulted on a refinancing loan. Defendant did not answer the foreclosure complaint. Following entry of a final foreclosure judgment … plausible claim that may reasonably be asserted, given the facts presented and the current law." Black’s Law Dictionary …
njcourts.gov
… appeals contending the court failed to make findings of fact and conclusions of law in accordance with Rule 1:7-4(a) … Date" as "06/09/2006" and in a space for "Additional Comments" states "N/A" "SUSP 6/9/06 TERM 7/24/06." 4 Brady … to cases on collateral review; B) a newly discovered factual predicate, which could not have been earlier …
njcourts.gov
… future eligibility term (FET). We affirm. I. The following facts are derived from the record. Hubbard is serving a life … while robbing him with the assistance of four others. He committed the 1981 crimes while he was on parole for several … crime if released on parole. The Board cited a number of factors identified in N.J.A.C. 10A:71-3.11(b) in support of …
njcourts.gov
… a Seaside Heights motel. Her placement was conditioned on compliance with a service plan in which she agreed to … hospitalized. She advised her Board social worker of that fact but failed to inform the coordinator at her SAI/BHI … terminated A.P.'s benefits claiming that A.P. failed to comply with the terms of the service plan. A.P. appealed the …
njcourts.gov
… requests. Plaintiff's motion was supported with copies of communications she and her attorney sent to defendant and … Certainly[,] it’s not a financial thing. . . . . [His income of ] $112,000 a year is all for him -- all for the … id. at 460; or the "intentional misrepresentation of facts," Borzillo v. Borzillo, 259 N.J. Super. 286, 294 (Ch. …
njcourts.gov
… Renee Cain, GAD's Human Resource Manager. Shabazz initially complained about the opening of his locker and lost items, … of the Tribunal. In that regard, the Board adopted the factual findings and conclusions of the Tribunal, but … 137 N.J. 8, 27 (1994)). Furthermore, "'[i]n reviewing the factual findings made in an unemployment compensation …
njcourts.gov
… for eviction. 3 A-5339-18T2 Plaintiff filed a small claims complaint against defendant under the New Jersey Security … II. We afford a deferential standard of review to the factual findings of the trial court on appeal from a bench … no reason to interfere with the trial judge's findings of fact or conclusions of law. The deductions applied for …
njcourts.gov
… decision was arbitrary, capricious, or unreasonable. The facts are not disputed. L.W. applied for SSI benefits in … for Reimbursement of Initial Supplemental Security Income (SSI) Payment or Initial SSI Post- eligibility Payment" … 407 N.J. Super. 330, 339 (App. Div. 2009)). "This deference comes from the understanding that a state agency brings …
njcourts.gov
… walls . . . . [Appellant and the other inmate] ignored the command and continued to physically assault each other." … arrived and "order[ed] them to the ground." Appellant "complie[d]," but the other inmate "attempt[ed] to kick him" … There was no violation of due process under Avant on these facts. There was substantial evidence in the record to …
njcourts.gov
… We affirm all orders. We briefly summarize the relevant facts and procedural history. On May 15, 2006, defendant … a promissory note in favor of Security Atlantic Mortgage Company in the principal amount of $161,029.00. The note was … Division noted that defendant failed to provide any factual support for his ten affirmative defenses. Defendant …
njcourts.gov
… substantially for the reasons set forth in the Agency's comprehensive and well-reasoned written decision, which is … its superior knowledge of its subject matter area, and its fact-finding role,'" and therefore are "obliged to accept all factual findings that are supported by sufficient credible …
njcourts.gov
… litigation was settled in March 2018. Plaintiff filed the complaint on September 12, 2017. Brown was personally served with the summons and complaint on October 4, 2017. Brown did not file an answer … denied the motion. In addition to recounting the underlying facts and procedural history, the judge made the following …
njcourts.gov
… (DOC), finding him guilty and imposing sanctions for committing prohibited act *.203, possession or introduction … evidence in the record and the disciplinary hearing comported with all due process requirements, we affirm. I. We discern the following facts and procedural history from the record. On August 26, …
njcourts.gov
… denial of her motion for reconsideration. We affirm. The facts are not in dispute. On August 26, 1997, defendant … 15, 2015. On August 28, 2015, plaintiff filed a foreclosure complaint in the trial court. On October 1, 2015, defendant … denying she was in default, and alleging accord and satisfaction. On January 8, 2016, defendant was issued an Order …