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… five-and-one-half-year delay in contacting Maradonna "support[ed] a finding that the Division did not act … to the ALJ's decision. The Board issued a final determination adopting the ALJ's factual findings and legal … the following points on appeal: [I.] THE PERS BOARD'S DETERMINATION THAT [MARADONNA] CONTINUED AS AN ACTIVE PERS …
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… 2 A-1182-16T2 Petitioner Paul Mattia appeals from a final determination of the Board of Trustees ("Board") of the Police … injuries are the subject of the Board's July 13, 201[5] determination [that Mattia is totally and permanently … is arbitrary, capricious, or unreasonable or lacks fair support in the record." Caminiti v. Bd. of Trs., 431 N.J. …
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… for a thorough and efficient education for public school children. The Department was asked to forgo collecting any … not assert a well settled legal right because it failed to support its position with legal authority. The ALJ found the … bound by the "agency's interpretation of a statute or its determination of a strictly legal issue." Ibid. (quoting …
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… dating for approximately eight years. They do not have any children together. Plaintiff was hospitalized for a period … "did not make findings of fact and conclusions of law" in support of his decision, and "did not find that [plaintiff] … and "[c]ommon sense and experience may inform that determination." Hoffman, 149 N.J. at 577. Because direct proof …
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… there was substantial credible evidence in the record to support the trial judge's order that it would be contrary to … maintained J.K.'s expressed concern for his safety was not supported by the evidence. The judge pointed out that if … jeopardy if J.K. is allowed to purchase a gun and a PTC is supported by his credibility findings. We are not "convinced …
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… retain an expert psychological examination in the field of childhood sexual abuse; (2) consult a "clinical brain … only if the defendant makes a prima facie showing in support of the requested relief, State v. Preciose, 129 N.J. … evidentiary hearing, we review [their] legal and factual determinations de novo." State v. Aburoumi, 464 N.J. Super. …
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… and (4) the Authority's "factual findings were not supported by substantial evidence in the record." Appellate … (3) whether the record contains substantial evidence to support the findings on which the agency based its action; … capricious, or unreasonable, or that it lacks fair support in the record." Id. at 27-28. "Deference controls …
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… 2C:25-17 to -35. Because the trial judge made credibility determinations, factual findings that were supported by substantial credible evidence, and correctly … plaintiff testified that defendant would kick and throw her children's clothes in the garage and hide their shoes. …
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… with the necessary "facts outside the trial record" to support his argument. The PCR court determined defendant was … PCR court emphasized defendant's "bald assertions" were not supported by the record and defendant never objected to his … he 10 A-2642-22 or she establishes "a prima facie case in support of [PCR]," (2) "there are material issues of …
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… renovations to make it a livable residential space. As support, plaintiffs proffered the testimony of a … home office use. See Clemente, 27 N.J. Tax at 268 (A HBU “determination is not based on value-in-use because the determination is a function of property use and not a function …
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… FUNDAMENTAL INJUSTICE ARTICULATED IN HIS CERTIFICATION IN SUPPORT OF THE PCR PETITION OR PERMITTING DEFENDANT AN … the photograph because he was "functionally illiterate." In support of that argument, defendant filed a certification … set forth in Rule 3:22-12(a)(2). In his certification in support of the second petition, defendant claims that he was …
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njcourts.gov
… following facts from evidence submitted by the parties in support of, and in opposition to, the summary judgment … Wells Fargo confirmed in a supplemental certification with supporting documents that as of December 11, 2013, Wells … 149 N.J. 408 (1997). Nevertheless, neither Upke nor Yvanova support defendant's position. In Upke, we did not discuss …
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… BETWEEN THE TRIAL ATTORNEY AND DEFENDANT IS MATERIAL TO A DETERMINATION OF WHETHER DEFENDANT'S GUILTY PLEA WAS "FORCED." … the suppression motion. We are satisfied the record fully supports the conclusion defendant failed to meet both prongs … would have elected to proceed to trial. In the absence of supporting certifications or affidavits, it was proper for …
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… attorneys; Giacomo F. Gattuso, of counsel; Joseph M. Hauschildt, Jr., on the brief). 1 Improperly designated as … discussion regarding gratuities has no bearing on our determination of the dispositive issues in this case. 3 … A plaintiff is required to provide specific proofs in support of an ascertainable loss, and subjective assertions …
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… Home Health Aide for the past six years," had "four children in [her] custody, and [was] expecting" a fifth. … Defendant appealed the denial to the trial court. In a supporting certification, defense counsel stated that … officer who was also the grandfather of one of defendant's children. In response, the State acknowledged considering …
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… thus, only that amount should be turned over to A&S. To support those positions, Rapid submitted the certification … that the plain language of the AP Agreement did not support that position, and Rapid's contention was not supported by the certification submitted by Sablosky, the …
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… deference and will be left undisturbed so long as they are supported by substantial credible evidence. Reilly v. Weiss, … denied, 249 N.J. 95 (2021). "If the plaintiff 'fails to support his own title, the defendant will retain possession … — both the 2013 deed and the parties' consistent testimony support that conclusion. The record clearly established that …
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… that the evidence presented at trial was insufficient to support the trial judge's conclusion 2 After plaintiff filed … that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence. … that Wisdom's testimony was credible and we defer to that determination. On the other hand, the judge found that …
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… N.J.S.A. 30:4- 123.53 (amended 1997). In making its determination, the Board must consider all pertinent factors, … with respect to aggravating and mitigating factors were supported by information presented in a panel interview, … 6 A-4335-18T1 The detailed reasons given by the Board in support of its decision amply demonstrate that it did not …
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… a temporary protective order (TPO) on June 28, 2017. In support of the TPO, plaintiff alleged defendant, the pastor … interest in defendant. Based on the judge's credibility determinations and consideration of defendant's text message … defendant might be entitled to such relief. Such a determination is dependent on the evidence produced in …