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… responses to defendants' statement of material facts in support of their motion, omitting those facts plaintiff … to the de novo standard of review, and the trial court's determination of such issues is accorded no deference. Kaye v. … the motion court's terse oral decision the bases for its determination to grant defendants' motion. The court failed to …
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… has merely put forth – put forth his own evidence to support the contention. He has not provided the Court with an affidavit from [the doctor] or trial counsel to support the contention. Furthermore, even if the Court were … 129 N.J. at 462–63. However, that principle does not support defendant's suggestion that in making an evidentiary …
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… comments by him, his mother, and trial counsel to support his claim that mitigating factors should have been … obtained in prison after his initial sentencing to support his mitigating factors argument is equally without … merit. He has not shown how these accomplishments would support a reasonable probability that his sentence would …
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… operator, secured facilities," that it "was not supported by substantial credible evidence in the record, as … provides us no basis to interfere in the Commission's determination that the "opening and closing of security doors … of custodial staff. 10 A-1871-18T3 The Commission's determination that the union did not present sufficient …
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… 422 (2017). POINT II THE [MOTION JUDGE'S] RULING IS NOT SUPPORTED BY SUFFICIENT, CREDIBLE EVIDENCE IN THE RECORD. … in the cases cited in defendant's merits brief in support of his argument faced similar lengthy parole … Miller decision, and the other cases cited by defendant in support of his reconsideration motion, do not mandate …
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… WOULD HAVE BEEN FOR THE BEQUEST TO GO TO [ANJ] IS NOT SUPPORTED BY ADEQUATE, CREDIBLE, AND SUBSTANTIAL EVIDENCE. … contacts with the national organization, the record supports the conclusion that an ambiguity existed as to … beneficiary was probably intended to be ANJ is well supported by the credible evidence in the record. See id. at …
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… it is "arbitrary, capricious or unreasonable," or is unsupported "by 6 A-0291-18T1 substantial credible evidence in … a single finder of fact receive all the evidence and make determinations based on all of the proofs." Ratti v. Dep't of … evidence as a reasonable mind might accept as adequate to support a conclusion,' and 'evidence furnishing a reasonable …
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… (DOC), appeals from the agency's August 27, 2018 final determination upholding a hearing officer's decision … arbitrary, capricious, or unreasonable, or 8 A-0464-18T1 unsupported by substantial credible evidence in the record as … to support the agency's conclusions). "[A]lthough the determination of an administrative agency is entitled to …
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… judge rejected defendant's argument that the dashcam video supported his contention that Devito did not see the gun … we defer to the findings of fact and credibility determinations of the trial judge, recognizing that he or she … video. We decline to do so. We will defer to the judge's determination that Devito's explanation of his actions was …
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… professional planner testified on behalf of plaintiffs in support of variance relief. The planner testified that … "[a] court should sustain a local zoning board's determination to grant a zoning variance if that board's … capriciously, or unreasonably if its findings of fact in support of [its decision] are not supported by the record, …
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… about it." [Id. at 2-4.] Defendant filed a certification in support of his PCR petition alleging ineffective assistance … was "no other independent or corroborating evidence" to support the claim defendant did not receive discovery or had … prior to the commencement of trial. Moreover, the record supports the judge's conclusion the matter was "thoroughly …
njcourts.gov
… 421 (2004) (citation omitted). We review a PCR court's determination to proceed without an evidentiary hearing for an … only upon the establishment of a prima facie case in support of post-conviction relief, a determination by the court that there are material issues of …
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… DIVISION SHOULD REMAND THIS CASE TO THE TRIAL COURT FOR A DETERMINATION OF WHETHER [PLAINTIFF] WAS COMPETENT TO PROCEED … for a mood and anxiety disorder, and was on medication and supportive psychotherapy." Neither plaintiff nor her counsel … freighted use of parts of the trial transcript to support her contention that she was "rambling," "not …
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… OF THE PAROLE BOARD WAS ARBITRARY AND CAPRICIOUS, AND NOT SUPPORTED BY CREDIBLE EVIDENCE. POINT II THE PAROLE BOARD … 30:4-123.53(a) (1982). 5 A-0191-18T1 In making its determination, the Board must consider all pertinent factors, … factors. The detailed reasons given by the Board in support of its decision show that it 8 A-0191-18T1 …
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… assigned 5 A-1002-18T1 attorneys, received draft briefs in support of the new trial motion for review and comment. In … JCHC failed to demonstrate any genuine disputed facts to support its claim that Mesa breached or abandoned its duty … to perform legal work. The emails upon which JCHC rely in support of this argument were directed to multiple …
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… counsel's brief and appendix. Defendant's certification in support of his PCR petition alleged that when he 2 N.J.S.A. … the withdrawal of this motion. Defendant's allegations are supported only by self-serving assertions and bare … with his services to you, sir? A. Yes. Defendant's unsupported assertions now that his attorney did not discuss …
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… State Interscholastic Athletic Association's ("NJSIAA") determination petitioner had violated the NJSIAA's … unless it is arbitrary, capricious, unreasonable, or unsupported by substantial credible evidence in the record. In … is neither arbitrary, capricious, unreasonable, nor without support in the record, we affirm. The NJSIAA is "an …
njcourts.gov
… R. 4:64-2(c)(2) (expressly authorizing proofs submitted in support of a foreclosure by affidavit or certification … produce sufficient and competent evidence to reasonably support a verdict in its favor. Id. at 535–36; see also … Rule 4:5-4 requires that all affirmative defenses be supported by specific facts. Parties must respond with …
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… located, the country of India, under Rule 4:3-2(a)(1). To support this conclusion, the court made only the following … that were not only outside the pleadings, but were also not supported by certifications or affidavits. Thus, rather than … defendants' motion to dismiss and relying upon these unsupported factual claims, the trial court should have …
default
… and defendant failed to meet his burden of proof to support his counterclaim of adverse possession. The court … other non-jury case, are entitled to our deference "when supported by adequate, substantial and credible evidence." … substantial and credible evidence in the record to support the relief ordered by the trial court. In addition …