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njcourts.gov
… is 'arbitrary, capricious or unreasonable or is not supported by substantial credible evidence in the record as … Based upon our deference to the ALJ's credibility determination, see Clowes, supra, 109 N.J. at 587, along with … Sufficient evidence in the record supports the ALJ's determination petitioner fell short of his job requirements …
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njcourts.gov
… ITS ENTIRETY. II. ALJ FRITCH['S] FACTUAL FINDINGS ARE NOT SUPPORTED BY REASONABLY CREDIBLE EVIDENCE IN THE RECORD. … to an "agency's interpretation of a statute or its determination of a strictly legal issue," which is reviewed de … 90 N.J. 550, 561 n.1 (1982). The ALJ made credibility determinations to which we defer. "As a general rule, the …
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njcourts.gov
… aggravating factors and present a mitigating factor. In support of his petition, defendant provided the PCR court … to the jury? THE DEFENDANT: Yeah. Thus, the record does not support defendant's contention that his trial attorney did … testified. The record therefore supports the PCR court's determination that defendant failed to establish a prima facie …
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njcourts.gov
… to uphold the motion judge's factual findings that are supported by sufficient credible evidence in the record. … as a condition of his parole, for the ion scan test was not supported by a reasonable, articulable suspicion to believe … defendant argues the positive ion scan result did not support reasonable suspicion to search his home. The judge …
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njcourts.gov
… court must accept a trial court's factual finding if it is supported by sufficient credible evidence in the record." … with knowledge that he was permitted to do so. The evidence supports the judge's factual findings, which in turn support his legal conclusion. The judge noted several times …
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njcourts.gov
… an order of dismissal with prejudice. The motion shall be supported by affidavit reciting that the materially … an order of dismissal with prejudice. The motion shall be supported by affidavit reciting that the discovery asserted … an order of dismissal with prejudice. The motion shall be supported by affidavit reciting that the materially …
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njcourts.gov
… but failed to identify any exceptional circumstances supporting their request. Id. at 3. They also did not … slip op. at 3-4. The court compared the submissions in support of and in opposition to the summary judgment motion, … (1) to encourage the comprehensive and conclusive determination of [the] legal controversy; (2) to achieve party …
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njcourts.gov
… attention to the rear passenger floor. Jimenez's testimony supported the video footage which depicted a handgun, the … FLOORBOARD WERE CONTRABAND. "We review the motion judge's determination of [a] defendant's motion to suppress under a … the motion judge's decision so long as those findings are supported by sufficient 9 A-2472-22 credible evidence in the …
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njcourts.gov
… expressed in the PCR judge's comprehensive oral opinion are supported by sufficient credible evidence in the record, we … to impeachment had he testified. The judge's credibility determination regarding Kelly is of paramount importance, … 1106 (8th Cir. 1996)). Thus, we defer to the credibility determinations made by the judge based on his opportunity to …
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njcourts.gov
… 739, 746 (1989)). "'[I]f the complaint states no claim that supports relief, and discovery will not give rise to such a … where the factual allegations are palpably insufficient to support a claim upon which relief can be granted,' or if … to Dudley v. Bergen, 23 N.J. Eq. 397, 400 (Ch. 1873) in support of the court's authority to revive a lien on …
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njcourts.gov
… because he did not provide an adequate factual basis in support of his guilty plea to second-degree unlawful … of the bullet used in the seized weapon, and we find no support in that portion of the record cited by defendant … cases cited by defendant, all of which we have considered, support defendant's interpretation. We also reject …
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njcourts.gov
… if the sentencing guidelines are violated, findings are unsupported, or the result shocks the judicial conscience. See … We conclude substantial evidence exists in the record supporting the court's findings and analysis of the … sentence must make specific findings on the record to support its sequencing, including the consequences of such a …
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njcourts.gov
… also alleged defendant refused to let the parties' children return to the United States , was dissipating … due to a mistranslation. 3 A-3608-22 whether she and the children could travel. The court granted plaintiff a … (1997)). A judge's fact- finding is "binding on appeal when supported by adequate, substantial, credible evidence." …
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njcourts.gov
… in their discretion, deem advisable for the health, support, and maintenance of [Ping] in [Ping's] accustomed … with several exceptions. In addition to "seeking additional supporting documentation for several accounting entries," … of the expenses" as well as "other sources of income and support available to Ping." Whitenack defended the monthly …
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njcourts.gov
… contends the search was unlawful because it was not supported by probable cause, and the handgun discovered … court's factual and credibility findings provided they are supported by sufficient credible evidence in the record. … of the facts presented to the arresting officer would support "a [person] of reasonable caution in the belief that …
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njcourts.gov
… $23,298.39, including $8,591.34 in attorney's fees. To support the attorney's fee award, Riso submitted an 1 … v. Cesare, 154 N.J. 394, 411 (1998)). We review final determinations made by the trial court "premised on the … 595 (2020). "[W]e defer to the trial court's credibility determinations, because it '"hears the case, sees and observes …
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njcourts.gov
… the Division of Agency Services' (Agency Services) determination that certain Family Service Worker (FSW) … FSW title. The Commission found there was no authority to support CWA's contention that the County was prohibited from … our limited scope of review, we conclude the Commission's determination was not arbitrary, capricious, or unreasonable, …
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njcourts.gov
… of the factual basis for the plea and the court's determination of aggravating and mitigating factors. We … PLEA OF GUILTY WAS NOT MADE INTELLIGENTLY AND NOT SUPPORTED BY AN ADEQUATE FACTUAL BASIS. A. The Legal … Ordinarily, we defer to the sentencing court's determination, State v. Fuentes, 217 N.J. 57, 70 (2014), and …
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njcourts.gov
… in the proceedings as possible, preferably on a properly supported motion for summary judgment or dismissal." … Div. 1957)). Thus, we review de novo the trial court's determination that a dismissal is warranted because defendant … call witnesses on her behalf. The facts as alleged do not support a finding that defendants violated plaintiff's …
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njcourts.gov
… defendants filed a motion to enforce the settlement. In his supporting certification, defendants' 1 The court issued a … upon by the [t]rial [c]ourt were not ripe for judicial determination[,] and the [t]rial [c]ourt entangled itself in … for a clear abuse of discretion and will disturb that determination "only on the rarest [of] occasions." Hansen v. …