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… D.S. and argues that the PCR court's findings are not supported by substantial, credible evidence. In that regard, … POST-CONVICTION RELIEF COURT UNDERLYING ITS DENIAL WERE NOT SUPPORTED BY THE RECORD ESTABLISHED AT THE HEARING. We use a … There was substantial , credible 8 A-2032-17T1 evidence supporting those fact-findings by the PCR court. In that …
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… retirement benefits and agreed with the Board's initial determination petitioner qualified for ordinary disability … ALJ concluded petitioner "provided no medical evidence to support a conclusion that the nature of her injury and … to be 'arbitrary, capricious, or unreasonable, or . . . not supported by substantial credible evidence in the record as …
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… The judge also stated that if defendant's certification supporting the Slater motion was factually different from … The judge did not cite to any rule or case law to support this contention. While the judge may have been … Defendant argued a colorable claim of innocence in his supporting certification, which the judge was aware of prior …
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… evidentiary hearing. The court issued a written opinion in support of its decision. On April 18, 2016, the court filed … hearing if he or she establishes a prima facie case in support of PCR. Moreover, there must be "material issues of … defendant makes a conclusory allegation without any factual support. Such unsupported claims cannot establish a prima …
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… out of Income." Neither the notice of motion nor the supporting certification cited the statutory or other … letter and notice of motion, the bank intended to rely on a supporting certification. 3 A-4164-15T1 In the supporting … expenses should be ignored, its reasons for making such determinations are not clear. Similarly, we are unable to …
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… false. Plaintiff filed a motion for summary judgment.1 In support of the motion, plaintiff filed a certification in … he asserted 1 The statement of material facts submitted in support of the motion failed to comply with the requirements … at the time it cashed the check, was also submitted in support of the motion. An order was entered denying the …
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… Lavezzi v. State, 219 N.J. 163, 172 (2014). An agency's determination is disturbed only if it is arbitrary, capricious, or unreasonable, lacked fair support in the evidence or violated legislative policies. In … this court owes to the Board's factual 6 A-3263-15T4 determinations and application of its regulation, we disagree. …
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… (3) a certification submitted by plaintiff's agent in support of plaintiff's motion was not based upon personal … or competent evidence; (4) documents plaintiff submitted in support of its motion, including the mortgage and its … V - PLAINTIFF'S ALLEGED POSSESSION INTEREST IN THE NOTE SUPPORTED ONLY BY AN ASSIGNMENT OF MORTGAGE FAILS TO MEET …
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… for such a long period of time (over ten years) and had two children here," his term of incarceration would be no more … because defendant did not establish a prima facie case in support of his PCR application by demonstrating "the … on the weapons offenses. We therefore affirm the judge's determination that defendant failed to establish that, but for …
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… County failed to provide an affidavit or certification in support of its asserted claim. On February 6, 2017, the … 3, 2017 order in his merits brief. A trial court's "determinations about the applicability of OPRA and its … information is exempt as a medical record, there is no supporting affidavit or certification to substantiate that …
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… rights. He also argues the Board's findings were not supported by clear and convincing evidence. We disagree. Our … Our review of the record finds support for the Board's determination Moore's violations were established by clear and … Moore's appeal on October 14, 2015, and issued a final determination on January 27, 2016. The Board did not comply …
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… doctor testified that W.K. suffers from schizophrenia. In support of his recommendation for continued commitment, with … v. Fields, 77 N.J. 282, 311 (1978)). The trial court's "determination should be accorded 'utmost deference' and … assistance of others who are willing and available. This determination shall take into account a person's history, …
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… his physical mobility. He argues the record does not support the Board's conclusion that his health challenges … 199, 205 (App. Div. 1993). We will not disturb a Board's determination unless: it is arbitrary, capricious, or … mitigating and aggravating factors when coming to the FET determination and acted well within its authority in …
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… case is limited. We must defer to the judge's factual determinations, so long as they are supported by substantial credible evidence in the record. … Nevertheless, we are unpersuaded to set aside the judge's determination that the charges for the renovations, which …
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… defendant was living at home with Flores and their three children. 3 A-3011-16T3 [and] fail[ed] to interview readily … effect" of counsel's error she was entitled to relief. In support of her PCR petition, defendant did not file her own … any allegation that counsel failed to investigate must be supported with "the facts that an investigation would have …
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… IN DENYING THE MOTION TO SUPPRESS. Because the stop was supported by reasonable suspicion and there is no dispute … defendant with driving with a suspended license was supported by probable cause, we affirm. Testimony on … vehicle violation. The judgment does not reflect those determinations. 4 A-0694-15T2 the distance defendant closed …
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… plea and sentenced defendant, issued a written opinion supporting the order denying the petition without an … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." … courts 'accord substantial deference to the discretionary determination resulting in the issuance of the [search] …
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… and voluntarily. She also asserted her guilty plea was not supported by a sufficient factual basis. The trial court … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … 7 A-1240-20 Because there was an adequate factual basis to support defendant 's guilty plea to DWI in 2010, we need not …
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… sought "an Order by Court to confirm the foreclosure sale supported by a Sheriff's Report of Sale[.]" On September 30, … conclusion that the sale was valid lacked factual support, deviating from the requirements of "fundamental due … evidence of the sale's occurrence and validity. In a supporting certification, defendant attached as Exhibit A "a …
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… FAILED TO SHOW THAT CLEAR AND CONVINCING EVIDENCE SUPPORTED ITS FINDING THAT THE VIOLATIONS WERE "SERIOUS" AS … in the Board's comprehensive written decision, which is supported by sufficient credible evidence in the record as a … status and establishing a twelve-month FET. The Board's determination is amply supported by the record and consistent …