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… claims had ever been submitted. Melmark challenged the determination, and the agency transmitted the matter to the … Crofcheck's testimony. Rather, Michael McMullen, a "Program Support Specialist," testified on the agency's behalf and … bound by the agency's interpretation of a statute or its determination of a strictly legal issue." R.S. v. Div. of Med. …
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… and defendant and the warrant to satisfy judgment. In support of the motion, MMU submitted a certification from … a managing member of MMU, submitted a certification in support of the motion to void the settlement agreement and … satisfy judgment. Palma also submitted a certification in support of MMU's motion. Palma certified Sufrin expressly …
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… Defendants live at the Property with their son and grandchild. Several years after defendants bought the Property, … foreclosure action and redeem the tax sale certificate. In support of its motion, MAO submitted a certification from … absent such expert proofs, id. at 613-614. Given our determination, we need not address plaintiff's remaining …
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… In their Rule 4:4-6-2(a) statement of material facts supporting the motion, defendants asserted the record lacked any factual support for plaintiff's claim they violated the Dram Shop … a December 12, 2021 report from Robert J. Pandina, Ph.D. as support for his claim defendants are liable under the Dram …
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… his PCR counsel, defendant made the following arguments in support of his petition: POINT I THE SENTENCE IMPOSED BY THE … its finding of mitigating factor twelve in its prior determination of defendant's sentence. 9 A-0227-22 sentence, … ordinarily would inure to his [or her] benefit" in the determination of an appropriate sentence. State v. Dunbar, 108 …
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… [Defendant's] argument is based on speculation, not supported by fact. The judge further rejected defendant's … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the … was ineffective rests on mere conclusory assertions—unsupported by any evidence. Defendant makes no showing that …
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… hearing. Because we conclude the Board's decision was amply supported by credible evidence in the record, and because … Super. 269, 375 (App. Div. 2006). When an agency's final determination is based on the ALJ's findings of fact and credibility, we defer to those determinations. See Burlington Bd. of Soc. v. G.W., 425 N.J. …
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… was undeveloped, the Board rejected KBS's objections as unsupported and noted any future development of Lot 251.08 … or unreasonably if its findings of fact . . . are not supported by the record, or if it usurps power reserved to … Plan. Bd., 291 N.J. Super. 1, 6 (App. Div. 1996). Determinations on questions of law 10 A-1978-22 in land use …
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… than five megawatts in size. After the [B]oard makes this determination, a grid supply solar facility or a net metered … 48:3-119(c). MAREC claimed the legislative history also supported its reading of the Act. The Board was unpersuaded. … 48:3-119(d)(1) as in: "After the [B]oard makes this determination, a [solar facility] . . . shall not be sited on …
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… was abrogated by the change to Rule 4:21A-5(a) and, in support, relied on SWH Funding Corp. v. Walden Printing Co., … Pride "no longer good law," contrary to the court's determination. Further, it contends strictly construing the … that our Rules "shall be construed to secure a just determination, simplicity in procedure, fairness in …
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… hearing. Defendant's counsel submitted letters of support and asked the court to sentence defendant in … review, appellate courts are deferential to sentencing determinations and 'must not substitute [their] judgment for … sentencing rehabilitative efforts. The sentencing court's determination was not plain error because it was based on the …
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… the gun. The testimony at the evidentiary hearing does not support that finding. Instead, the officers' testimonies … findings and will uphold those findings when they are supported by sufficient, credible evidence in the record. … at large, or an extended group of individuals, such as children." State v. Melendez, 423 N.J. Super. 1, 24 (App …
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… plaintiffs' motion for summary judgment. The orders were supported 6 A-0055-22 by a written decision detailing the … remains, [we] afford[] no special deference to the legal determinations of the trial court.'" (quoting Templo Fuente 7 … of loading it into Mendelsohn-Hall's automobile in our determination of whether plaintiffs are additional insureds …
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… PER CURIAM Plaintiffs Ortisha Lighty and her minor two children, Kayla Singletary and Damiar Sumter (collectively … According to Lighty, beginning in 2019, she and her children began to experience health issues. Lighty … counsel's previous question. B. Dr. Eric Joseph In support of her negligence claim, plaintiffs presented …
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… any mitigating factors. We determined sufficient evidence supported the trial court 's findings as to the sentencing … evidence, legal rulings, sentencing and Recovery Court determinations among other issues. The judge further held that … falls within the statutory range, "issues relating to the determination of aggravating and mitigating factors, the …
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… "fucked" and was going to lose her job and custody of her children. She also squirmed around and appeared to attempt … the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
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… capricious, or unreasonable, or that it lacks fair support in the record." Circus Liquors, Inc. v. Governing … (2) whether there is substantial evidence in the record to support the findings upon which the agency based [its] … (App. Div. 1979). The express language of Section 102.08 supports a conclusion that the POA was required only for the …
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… Noel and defendant Arlene Matos Cueto2 are siblings and the children of Francisco and Ramona, both of whom are elderly. … New Jersey. Francisco and Ramona realized they needed their children as a support system and decided to return to New Jersey. In …
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… permitted uses. 4 A-0613-22 TFJ submitted detailed plans in support of its proposed development (the Project), which … Board's approval of the parking setback variance was not supported by the record. At a subsequent hearing, plaintiff … 214 N.J. 263, 286 (2013). The record supports the Board's determination that TFJ established entitlement to both a …
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… the dismissal of the complaint was based on the court's determination that the Board had exclusive jurisdiction over … to address alleged violations of N.J.S.A. 45:5B-3(h) which support each of plaintiff's causes of action. Plaintiff … to reverse the court's order based on its apparent determination that the Board has 12 A-4175-15T4 exclusive …