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njcourts.gov
… argued the cause for respondent/cross-appellant (Fox Rothschild LLP, attorneys; Lindsay A. Heller, of counsel and on … I. [F]indings by a trial court are binding on appeal when supported by adequate, substantial, credible evidence. … 411-12 (1998). . . . If the trial court's conclusions are supported by the evidence, we are inclined to accept them. …
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njcourts.gov
… meetings did not violate the CNA. In reaching this determination, the arbitrator noted the meeting requirement … time." Because "[t]he contract language itself strongly support[ed] the interpretation that the team planning … We note that PERC's role is to make a threshold determination of whether the disputed matter is something the …
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njcourts.gov
… we defer to the trial court's factual findings if they are supported by sufficient evidence. State v. Hubbard, 222 N.J. … search, seized the car, and applied for a search warrant, supported by Day's affidavit. During a search the following … tip, here Day did not provide any additional information to support a reasonable suspicion that defendant could have …
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njcourts.gov
… net, and Holzhauer's report provided a sufficient basis to support the Township's adoption of Resolution 6-1, we … An expert is required to "'give the why and wherefore' that supports the opinion, 'rather than a mere conclusion.'" … courts focus on whether there was substantial evidence to support the decision. See Concerned Citizens 12 A-3063-17T1 …
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njcourts.gov
… reconsideration, seeking reinstatement under Rule 4:50-1, supported by their counsel's certification. Counsel asserted … rules. First, plaintiffs raise several issues without the support of facts or evidence provided in the appendix. R. … to include in parenthesis the part of the record that supports their arguments. R. 2:6-2(a)(6). They also fail to …
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njcourts.gov
… participatory [sic]. The record is void of any evidence to support the contention that defendant retained any interest … and the items seized simply [wa]s far too attenuated to support a constitutional right to object to the search and … no longer was an issue, but claimed exigent circumstances supported the warrantless search of the minivan at the …
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njcourts.gov
… OF LICENSING (an agency of THE NEW JERSEY DEPARTMENT OF CHILDREN AND FAMILIES), JENNIFER THIEL, MARILYN WEISS, … principles of law, we affirm. Plaintiff owns and operates a childcare facility. She alleges that defendant OOL, through … on March 23, 2018, the judge found insufficient evidence to support plaintiff's allegations. He also noted plaintiff had …
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njcourts.gov
… for failure to state a claim for relief. R. 4:6-2(e). In support of the motion, the State provided the Passaic and … The American Civil Liberties Union (ACLU) intervened and supported the State's motion. The judge accepted that … to amend the complaint to allege additional facts that support the legal theory pled in the complaint. Hoffman, 405 …
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njcourts.gov
… opinion, we detailed evidence presented by the State to support defendant's conviction, which we incorporate by … In our review, we defer to the motion judge's findings if "supported by sufficient credible evidence in the record." … of the record, we discern no basis to interfere with determinations of the PCR judge denying defendant's PCR …
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njcourts.gov
… with prejudice." The judge decided to hear argument in support of defendant's cross-motion first: DEFENSE COUNSEL: … the statute. In response, plaintiff's counsel noted that to support his motion to amend the complaint, he had attached … a duty to make findings of fact and to state reasons in support of their conclusions." Heinl v. Heinl, 287 N.J. …
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njcourts.gov
… considered, and there were cumulative errors. Defendant supported the failure to investigate claim with a … May 7, 2015 certification from James Jordan III (Jordan) in support of his PCR petition. Jordan claimed that he was … an investigation in this matter, there's nothing that supports it. And for the record, I want to make it clear …
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njcourts.gov
… DECISIONS OF THE APPELLATE DIVISION AS PRINCIPAL SUPPORT FOR GRANTING THE MOTION TO DISMISS VIOLATED R. … a compendium of unreported Appellate Division decisions supporting the dismissal. In doing so, the court erred by … several years. The Court concluded that "the record amply supports the trial court's finding that NJM's conduct lulled …
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njcourts.gov
… brief). PER CURIAM Marnell Johnson appeals from a final determination of the New Jersey State Parole Board, which … appeal to the Board challenging the two-member panel's determination to deny parole and the three-member panel's … substantial credible evidence in the record as a whole to support its findings; and (3) whether in applying the law to …
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njcourts.gov
… the altercation. It further contends that Harmon only supports a defense to unlawful possession "in those rare and … the event the State tries the case again, and the evidence supports defendant's contention as it did at trial, the … of unlawful purpose even though it would not be adequate to support the justification defenses of self-defense or …
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njcourts.gov
… her car, but was still on school property when she fell. In support of that testimony, 4 A-1211-16T3 Bowman submitted a … result of Ms. Bowman's regular or assigned duties and his determination that Ms. Bowman had satisfied the statutory … no facts in the record that would support that finding. Determinations that are "predicated on unsupported findings …
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njcourts.gov
… compensable workplace injury. Because the factual findings supporting the judgment were based on substantial credible … neck pain. He specifically relied upon the lack of medical support for Petitioner's claim of neck pain and concluded … principles. Kordek further contends the decision is not supported by substantial credible evidence in the record. We …
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njcourts.gov
… two); and fourth-degree forgery, N.J.S.A. 2C:21-1(a)(2). In support of these charges, the State alleged that after … basis in 10 A-5041-18 the record to support the court's determination of the amount of restitution." State v. Harris, 70 N.J. 586, 598-99 (1976). "The determination of the amount of restitution [if set in …
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njcourts.gov
… defendants did not include a copy of their motion or supporting certifications with the record on appeal. "A … (quoting R. 2:6–1(a)(1)(H)). Without the motion and supporting certifications, we do not know what materials … issue is whether there was substantial credible evidence to support the judgment. Ibid. We recognize that in a proof …
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njcourts.gov
… briefing or argument was necessary. In a detailed opinion supporting his order affirming the Board's resolution, the … "the only approval being sought by [defendants was] a determination pursuant to N.J.S.A. 40:55D-68 that the existing … decision regarding the validity of a local board's determination, 'we are bound by the same standards as was the …
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njcourts.gov
… (2), the facts of the case, provided sufficient grounds to support the State's objection to defendant's admission into … N.J.S.A. 2C:43-12(e)(3), defendant's motivation and age, supported its position. Defendant was in his forties when he … this crime. The State also found the following factors supported its decision to reject defendant's application for …