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njcourts.gov
… that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." Id. … the record before us, we are convinced the evidence amply supports the trial court's finding that plaintiff … (quoting Hoffman, 149 N.J. at 580). Further, the judge's determination that an FRO was needed to protect plaintiff …
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njcourts.gov
… decision refusing to consider supplemental information supporting his request for release on emergency medical home … to the Commissioner asking him to "accept this statement in support of Mr. 1 The Department contends on appeal that the … factors affecting an agency's decision to reopen a prior determination). The agency's five-day deadline cannot be …
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njcourts.gov
… ON ALLEGATIONS OUTSIDE OF PLAINTIFFS' AMENDED COMPLAINT IN SUPPORT OF ITS MOTION TO DISMISS UNDER [RULE] 4:6-2([e]), … POINT VIII CFG RELIED ON NUMEROUS FALSE, SPECULATIVE AND UNSUPPORTED FACTUAL ALLEGATIONS, AND MISREPRESENTATIONS OF LAW, IN SUPPORT OF ITS MOTION TO DISMISS THAT SHOULD NOT HAVE BEEN …
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njcourts.gov
… that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence. … those credibility assessments unless they are manifestly unsupported by the record. Weiss v. I. Zapinsky, Inc., 65 N.J. … claims. We defer to this well-supported credibility determination. 7 A-1159-20 Plaintiff also met her burden of …
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njcourts.gov
… and the claim that C.M.M. was incapacitated "is not supported by the record." This appeal followed. The DAR … to assist G.M. by processing his application, and the determination of his Medicaid ineligibility was arbitrary, … ordinarily should not disturb an administrative agency's determinations or findings unless there is a clear showing …
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njcourts.gov
… MSA.1 Defendant cross-moved for enforcement of the MOU. In support of her motion, defendant attached certifications … judge unless . . . convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … [c]ertification pointed out several instances where his supporting [c]ertification was demonstrably untrue." The …
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njcourts.gov
… We affirm, however, because we agree with the judge's determination that the alleged mitigating factors were not supported by the 3 A-4609-16T2 record, and even if the … our review of the record, we take issue with the judge's determination that defendant's PCR petition contending …
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njcourts.gov
… significantly differed from defendant's appearance, no supporting affidavit or other documentation has been presented to support the point. Essentially, 4 A-5186-16T1 nothing in the … PCR brief filed in the Law Division, without any supporting certification or affidavit, counsel argued that …
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njcourts.gov
… interest in the three lots, which plaintiffs argue supports their action for ejectment. Plaintiffs appeal from … justifying an ejectment action against defendant. In support of their cause of action for ejectment and trespass, … the conservation restriction for the three lots adds no support to plaintiffs' contention that the ACO is not …
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njcourts.gov
… AT THE END OF THE STATE'S CASE, AS THE EVIDENCE TO SUPPORT A CONVICTION WAS SO SCANTY AND UNRELIABLE AS TO … N.J.S.A. 2C:43-7 (Partially Raised below). A. THE COURT'S DETERMINATION THAT THE SECOND DEGREE CONSPIRACY VERDICT WAS AN … OFFENSE UNDER N.J.S.A. 2C:24-9(b) WAS ARBITRARY AND NOT SUPPORTED BY THE RECORD. B. WHERE THE SECOND DEGREE …
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njcourts.gov
… the Board filed a petition for scope of negotiations determination with PERC. The Board claimed that arbitration … capricious, unreasonable, and lacked 6 A-2440-18T3 credible support in the record. In addition, it claims PERC erred in … 116 N.J. 322, 328 (1989). PERC decisions are "regulatory determination[s] of an administrative agency that is 7 …
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njcourts.gov
… prejudice under Rule 4:23-5(a)(2). In defense counsel's supporting certification, she stated that plaintiff had … reconsideration seeking reinstatement under Rule 4:50-1, supported by his and counsel's certifications, giving … friend. We disagree. We review both of the trial court's determinations in this matter for an abuse of discretion. "A …
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njcourts.gov
… CI privilege does not apply because there is no evidence to support that either occupant "was an active participant in … disclosure of his identity is essential to assure a fair determination of the issues." N.J.R.E. 516. Where the defense claims disclosure is essential to a fair determination of the issues, a court must balance "the public …
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njcourts.gov
… the victim's opposition. The prosecutor agreed with that determination, likewise denying defendant's admission into the … participation in supervisory treatment. 4 A-3624-16T3 In support of her contentions, defendant argues her personal … eighteen. She is a single mother and sole provider for four children, one with special needs. Defendant thus claims …
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njcourts.gov
… limited to comparing MRIs of plaintiff's two shoulders in support of his position that there was no permanent injury … fair. Before us, plaintiff reiterates the arguments made in support of her motion for a new trial. We affirm. … to a comparison of the MRIs of plaintiff's shoulders to support his opinion that the condition in her left shoulder …
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njcourts.gov
… to permit the parties to research whether legal authority supported plaintiff's contention that reference to the 2007 … claim upon which relief can be granted. The court found no supporting authority for plaintiff's 4 A-2472-15T3 claim. It … pleadings rather than dismiss it with prejudice. We find support for this conclusion in the liberal construction that …
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njcourts.gov
… Div. of Law, 400 N.J. Super. 61, 70 (App. Div. 2008). The determinations and findings of an administrative agency will … capricious, or unreasonable; or (3) the decision was not supported by substantial evidence." In re Virtua-West Jersey … (2004). 4 A-5089-14T2 Appellant first contends GRC's determination that the report is exempt from disclosure is …
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njcourts.gov
… There is nothing in the plain language of the statute supporting a different interpretation or result. Defendant's … DWI conviction. Therefore, the evidence was sufficient to support the charge that she violated N.J.S.A. 2C:40-26(b) as … be disturbed as long as the State presents some evidence supporting each element of the crime charged). Affirmed. The …
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njcourts.gov
… with N.J.A.C. 10A:4-9.15, issued a summary of the facts supporting each charge. The hearing officer determined that … only where it is arbitrary, capricious, unreasonable, or unsupported by credible evidence in the record. Henry, supra, … of guilt for a charge against an inmate must be supported by "substantial evidence." N.J.A.C. 10A:4-9.15(a). …
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njcourts.gov
… incapacitated and appoint her as permanent guardian. In support of her application, the temporary guardian submitted … has achieved only partial or limited success). "[F]ee determinations by trial courts will be disturbed only on the … necessary and could not be avoided." These findings are supported by adequate, substantial, and credible evidence in …