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njcourts.gov
… capricious or unreasonable, or that it lacked fair support in the evidence.'" In re Carter, 191 N.J. 474, 482 … for that of the agency's when "substantial credible evident supports [the] agency's conclusion[.]" Greenwood v. State … when she began her DOC training. The evidence amply supports the CSC's decision to remove McNair from …
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njcourts.gov
… spine over time, not from the incident. The doctor found support in x-ray images from 2006 that revealed lower … 1 In addition, the Board's decision "rejected the [ALJ's] unsupported finding that [] Gibson's injury is a consequence … Further, although not necessary to the decision given the determination that Gibson was not sufficiently disabled, the …
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njcourts.gov
… appellate record the certification she presumably filed in support of her motion to vacate the default judgment. We … and lack of alimony. Turning to defendant's arguments in support of her motion to vacate the default judgment, the … to the sound discretion of the trial court, whose determination will be left undisturbed unless it results from …
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njcourts.gov
… motion was well within her sound discretion and was supported by the record. The proofs at trial did not … Products Corp., 259 N.J. Super. 499 (App. Div. 1992), supports his position is not correct. In Bussell, many years … which justified the amendment. The record does not support this argument. Although defendant's attorney readily …
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njcourts.gov
… to be 'arbitrary, capricious, or unreasonable, or . . . not supported by substantial credible evidence in the record as … whether the record contains substantial evidence to support the findings on which the agency based its action; … is sufficient credible evidence in the record as a whole supporting the Commission's decision, Rule 2:11-3(e)(1)(D), …
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njcourts.gov
… arguing the judge would be unable to make credibility determinations based solely on transcripts from the original … If the court, "accepting as true all the evidence which supports the position of the party defending against the … been met." The judge said he was able to make credibility determinations based on his review of thirteen days of trial …
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njcourts.gov
… reasons expressed in the PCR judge's written opinion are supported by sufficient credible evidence adduced at the … we should not disturb "the PCR court's findings that are supported by sufficient credible evidence in the record." … found in defendant's home. We accept the PCR judge's determination that defendant failed to prove either prong of …
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njcourts.gov
… we conclude there was substantial credible evidence to support the trial judge's finding that under N.J.S.A. … for a denied applicant "contemplates introduction 2 To support his argument that we should remand, A.M. relies on … to corroborate competent proof, or competent proof may be supported or given added probative force by hearsay …
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njcourts.gov
… oral opinion. The findings and conclusions of the judge are supported by substantial, credible evidence in the record. … Both witnesses had sufficient personal knowledge to support their testimony at trial. N.J.R.E. 602. With respect … note and rejecting defendant's rescission claim was supported by substantial, credible evidence in the record. …
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njcourts.gov
… the trial court erred in finding plaintiff could not support its claim for negligent misrepresentation against … trial judge's grant of summary judgment to defendant was supported by the evidence before it and the applicable law, as plaintiff failed to support its claim of negligent misrepresentation. We, …
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njcourts.gov
… (1993)). Our review of a trial court's factual findings in support of granting or denying a motion to suppress is … review is limited to determining whether such "findings are supported by sufficient credible evidence in the record." … However, we review issues of law de novo. Id. at 380. The determination of whether the State has satisfied its burden of …
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njcourts.gov
… an evidentiary hearing if they present a prima facie case supporting PCR, the court determines there are material … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the … gravity of defendant's offense and the substantial evidence supporting his conviction. Affirmed. … a0212-21.pdf … …
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njcourts.gov
… Super. 186, 190 (App. Div. 2010). We will not upset the determination of an administrative agency absent a showing … was arbitrary, capricious, or unreasonable; it lacked fair support in the evidence; or it violated legislative … Div. 1999). Therefore, we may not vacate an agency's determination because of doubts as to its wisdom or because …
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njcourts.gov
… court is then required to "determine which factors are supported by a preponderance of [the] evidence, balance the … decision to consider a DWI defendant's substance abuse as supporting aggravating factor three). Defendant argues the … mitigating factor was not improper. The findings were both supported by substantial, credible evidence in the record, …
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njcourts.gov
… committed error by requiring that petitioner had to flee to support passion-provocation; (4) defense counsel "labored … not the cause of the victim's death. His counsel filed a supporting brief. Following oral argument, the Honorable … Judge Isabella pointed out that nothing in the record supported defendant's claim. To the contrary, the plea forms …
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njcourts.gov
… to the Act and agreement. And, 4 A-3281-18T2 ample evidence supported the EDA's conclusion that the Project Site or … courts are obliged to accept an agency's factual finding supported by substantial evidence). We begin with Marine's … brief, the EDA also mistakenly relies on that 2006 deed in support of the erroneous statement that the four Kammermans …
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njcourts.gov
… arbitrary or there is a lack of substantial evidence to support them." Hackensack City v. Bergen Cty., 405 N.J. … 'is limited to determining whether the findings of fact are supported by substantial credible evidence with due regard … that Judge Bianco's findings and conclusions were amply supported by credible evidence and a correct interpretation …
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njcourts.gov
… not request her to file a direct appeal. That finding is supported by substantial credible evidence. We discern no … of drugs, that is, the weight and quantity, necessary to support his third-degree drug- related convictions; (3) the … were made in a general manner and without specific factual support. Moreover, defendant's bald assertions are rebutted …
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njcourts.gov
… condition. Straub disagreed with the Board's initial determination, so the matter was transmitted to the Office of … ensued. The sole issue before us is whether the record supports the Board's findings, as adopted from the ALJ's … Our scope of review of an administrative agency's final determination is limited. In re Herrmann, 192 N.J. 19, 27 …
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njcourts.gov
… sister, the parties' son, U.H., and plaintiff's two other children. The judge also imposed a civil penalty of $500, … that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." … have adjourned the trial if necessary.2 In fact, the record supports the conclusion that the parties were before the …