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… IV. THE TAX COURT'S FINDINGS OF FACT ARE ARBITRARY, NOT SUPPORTED BY SUBSTANTIAL CREDIBLE EVIDENCE, AND OVERLOOK AND … central contention: that the Tax Court judge erred in his determination of the highest and best use of the property. … "The findings of the Tax Court will not be disturbed if supported by 'adequate, substantial and credible evidence' …
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… or the hourly rate. Based on counsel's certification in support of the fee award, the judge assessed the legal tasks … the trial court's findings "are binding on appeal when supported by adequate, substantial, credible evidence." … 149 N.J. 108, 117 (1997)). "The trial court's legal determinations, in contrast, are reviewed de novo." Sipko v. …
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… and found there were "no facts nor legal arguments that support this [c]ourt issuing any sanction against those … motion to the court, "separate[] from other applications," supported by a certification stating that written demand was … event, Judge Chrystal determined there was no evidence that supported Marita's allegations. We have no reason to …
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… following facts from evidence submitted by the parties in support of, and in opposition to, the summary judgment … interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … questions of law and fact, we give "deference . . . to the supported factual findings of the trial court, but review de …
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… . . [and] we will uphold the PCR court's findings that are supported by sufficient credible evidence in the record." … Court in State v. Wade, 169 N.J. 302, 303 (2001). Baumann supports the trial judge's conclusion that merger was … case for sentencing purposes. However, Baumann does not support the judge's conclusion that the merger, in effect, …
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… of unlawful 3 A-2575-15T2 taking. The underlying facts supporting his convictions are outlined in our opinion on … counsel secured two witnesses and had defendant testify in support of this strategy. He also attempted to move medical records into evidence 6 A-2575-15T2 to support this theory. While defendant contends an expert …
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… the plea offer do not come by way of an affidavit and are unsupported by the record. The State denies ever tendering a … counsel's recommendation that he proceed to trial is unsupported. [Defendant] has not supplied anything to support this allegation nor has he submitted an affidavit …
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… There was sufficient credible evidence in the record to support Judge Oxley's finding that defendant was driving … contributed to, the denial of a fair trial.'" Miller v. Fairchild Indus. Inc., 885 F.2d 498, 514 (9th Cir. 1989) … were clarifying. We shall not disturb that discretionary determination. In any event, the leading questions fell far …
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… capricious, or unreasonable, or that it lacks fair support in the record, an administrative agency's final … bound by the agency's interpretation of a statute or its determination of a strictly legal issue." Ardan v. Bd. of … to warrant discussion in a written opinion as the DOC's determination was supported by sufficient, credible evidence, …
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… who testified against him. Defendant argued, without supporting evidence, that the assistant prosecutor had made … to relief because (1) there was insufficient evidence to support his conviction for felony murder; and (2) this … legal avenues for challenging the weight of the evidence supporting his convictions or the validity of the jury …
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… plaintiffs, the allegations failed for lack of documentary support. Accordingly, the judge dismissed the complaint and … if 'the factual allegations are palpably insufficient to support a claim upon which relief can be granted.'" … under Rule 4:6-2(e). The factual allegations could not support the claims made. Affirmed. … DAVID BLUMBERG, ET AL. …
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… In re Stallworth, 208 N.J. 182, 194 (2011). An agency's determination must be sustained "'unless there is a clear … capricious, or unreasonable, or that it lacks fair support in the record.'" Russo v. Bd. of Trs., Police & … 19, 27-28 5 A-5288-18T3 (2007)). "[I]f substantial evidence supports the agency's decision, 'a court may not substitute …
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… but conclusory statements without any factual or legal support. The judge further noted plaintiff's "application … The judge deemed defendant's statement of facts in support of its cross-motion admitted by plaintiff pursuant … interpreted the law.'" DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. …
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… defendant has not proffered "specific facts and evidence supporting his allegations." State v. Porter, 216 N.J. 343, … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the … assertions" of deficient performance are insufficient to support a PCR application. Ibid.; see also Porter, 216 N.J. …
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… to those factual findings "so long as those findings are supported by sufficient evidence in the record." State v. … proof needed to convict and something more than a raw, unsupported suspicion." State v. Davis, 50 N.J. 16, 23 (1967). … and circumstances presented to the arresting officer would support "a [person] of reasonable caution in the belief that …
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… to by the subcontractors [is] independently verifiable and supported by additional documents submitt[ed] in the bid." … is "obligated to give deference to the [a]uthority's determination." Waste Mgmt., 399 N.J. Super. at 525. After … the required legal deference, we agree with Judge Rivas's determination that the minor defect in the bid was not …
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… harm. N.J.S.A. 2C:43-12(e)(1), (2), (8), and (17). In support of the first, second, and fourth of these cited … that defendant lacked a permit to possess the weapon. To support the third factor cited, the prosecutor referred to … with the State that this is a compelling factor that fully supported the prosecutor's position. It may be, as defendant …
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… APPEAL WAS ARBITRARY, CAPRICIOUS, UNREASONABLE AND UNSUPPORTED . . . BY CREDIBLE EVIDENCE IN THE RECORD. POINT II … there is substantial credible evidence in the record to support the denial of parole. 7 A-4569-19 Likewise, we are … that the eighteen-month FET imposed by the Board is supported by the record. The presumptive FET for an inmate …
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… disposition. See N.J.S.A. 2C:43-2. The affidavit supporting the search warrant application recited that the … the trial court's factual findings, provided they are "supported by sufficient credible evidence in the record." … We "accord substantial deference to the discretionary determination resulting in the issuance of the [search] …
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… a late notice of claim on JMCUA, which now appeals that determination, arguing the judge erred in finding plaintiff … to reject the certifications submitted by plaintiff in support of her motion. We agree plaintiff failed to … driver worked for the JCMUA; indeed, in a certification in support of her motion, plaintiff asserted that defendant …