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njcourts.gov
… recite the facts from evidence submitted by the parties in support of, and in opposition to, the summary judgment … indicate that no work was done on such. Withstanding any determination of whether the warranties were full and … Measured by this standard, we agree with the judge's determination that there were no disputed issues of material …
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njcourts.gov
… board was justified in finding that special circumstances supported the variance and that not granting it would cause … thereby provide a more substantive basis for the typical determination that the variance will not substantially impair … variance is in accord with the municipality's legislative determination that the condition should be imposed on all …
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njcourts.gov
… WAIVER IS ERRONEOUS AND UNJUST IN THIS INSTANCE. The ACLU supports J.D.'s position and argues that because the current … waiver statute governs. They contend that that ruling is supported by the Supreme Court's decision in J.V., other … consideration of the possibility of rehabilitation is supported by the legislative history. In a statement …
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njcourts.gov
… the presumption of correctness that attaches to its final determinations assessing additional tax upon plaintiffs, which … dispute regarding the correctness of the Division’s final determinations. As such, the court denies both parties’ … accountant submitted additional documentation in support of tax-exempt sales, the auditor reduced the audited …
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njcourts.gov
… information and, therefore, there was no privacy concern supporting non-disclosure of the 911 call. NJAM warned that … to "evaluate the entire 911 call in camera and make a determination that it should not be provided." Since there was … protective order was filed proactively to obtain a legal determination from the court balancing the public's right to …
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njcourts.gov
… presented during the original motion, namely, (1) unsupported allegations of the subject property’s occupancy; … will be eroded. As such, the court reaffirms the determination made in its December 14, 2018 opinion that … selling price of real property involved in a judicial determination of its assessable value is a ‘guiding indicium’ …
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njcourts.gov
… relating to the variances "are without legal or factual support." The court further concluded, "A review of the … Ramsey, 51 N.J. Super. 520, 540-41, (App. Div. 1958). The determination of a zoning board is presumed to be valid. … We next address defendants' argument that the record lacks support for the trial court's conclusion that the Board …
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njcourts.gov
… was not arbitrary, capricious, or unreasonable , and was supported by substantial credible evidence in the record. He … erred . . . ." He also declined to disturb the Panel's determination that the Port Authority "did not act in good … We accord a deferential standard of review to an agency's determination unless the decision was arbitrary, capricious, …
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njcourts.gov
… judge's factual findings, "'so long as those findings are supported by sufficient credible evidence in the record.'" … marks omitted). Thus, we will reverse the trial court's determination of whether to allow a defendant to withdraw a … review of the plea hearing transcript supported his "determination that there was an adequate factual basis for the …
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njcourts.gov
… independent judgment before approving it, and the affidavit supporting the search warrant contained statements that were … Turning to the issue of whether the search warrant was supported by probable cause, the motion judge found the … is required to pay substantial deference to the judge's determination" of probable cause. State v. Dispoto, 383 N.J. …
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njcourts.gov
… court in determining whether to admit evidence, and that determination will be reversed only if it constitutes an abuse … will not be disturbed unless they are "so manifestly unsupported by or inconsistent with the 14 A-0808-18T2 … Div. 1963)). However, our review of a trial court's legal determinations is plenary. D'Agostino v. Maldonado, 216 N.J. …
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njcourts.gov
… was not the result of the member's willful negligence; 5 In support of this assertion, the Board cited not Stankowski's … the Board provides no basis for concluding that the FCE's determination in 2008 that Stankowski was capable of … 435 N.J. Super. at 584. The Board made no such requisite determination. Nonetheless, the Board credited Dr. Berman's …
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njcourts.gov
… defendant filed a motion "to permit discovery." In his supporting certification, defendant explained that "[f]or … prejudice "for failure to provide discovery." In his supporting certification, plaintiff's counsel averred that … with prejudice "for failure to provide discovery." In support, defendant certified that while his motion to permit …
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njcourts.gov
… ASSISTANCE OF TRIAL COUNSEL AND APPELLATE COUNSEL IS NOT SUPPORTED BY SUFFICIENT, CREDIBLE EVIDENCE IN THE RECORD, … whether there is substantial evidence in the record to support the findings of fact upon which the sentencing court … challenging the sentence was lacking. We conclude with a determination the PCR court did not err in declining to …
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njcourts.gov
… in this case, the convictions must be reversed." To support this argument, defendant relies upon State v. … criminal restraint and the jury's verdict on that count was supported by adequate evidence on the record. Defendant's … for imposing a sentence, including the factual basis supporting its finding of aggravating and mitigating factors …
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njcourts.gov
… to consider a report entitled "Report Concerning the Determination of Bright and Varick Study Area as an 'Area in … During the meeting, no members of the public spoke in support of or objection to the Plan. By resolution dated … and the hearing are to assist the Board in its determination of whether the area is appropriate for …
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njcourts.gov
… was present prior to the incident, immediately thereafter (supporting civil commitment), and currently." Dr. Weiss … presentation of his defense" as factor in competency determination). . . . The question of a defendant's ability to … charges. [Ibid.] Our review of a trial court's competency determination must be "typically, and properly, highly …
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njcourts.gov
… those arguments that the evidence does not reasonably support." State v. Reddish, 181 N.J. 553, 629 (2004). Thus, … As the judge found, the evidence did not reasonably support an inference that Vit and the other officers decided … the hotel or that defendant had attended it. There was no support in the evidence to suggest 11 A-3703-15T2 that the …
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njcourts.gov
… (2007)). We uphold those factual findings because they are supported by sufficient credible evidence in the record. … argument in his reply brief, the judge's factual findings support application of the inevitable discovery doctrine. … a sentence within the available range of sentences. That determination will be reviewed for reasonableness. The court …
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njcourts.gov
… transferred to the Office of Administrative Law (OAL) for determination as a contested case and assigned to an … a member's physical or mental condition may influence a determination whether the member is incapacitated for the … capricious, or unreasonable, or that it lacks fair support in the record." Ibid. (quoting Herrmann, 192 N.J. at …