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A-0274-23 Briefs
Briefs
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… This colloquy followed: MR. RAMSEY: **** I’ve made a determination based on my understanding of the law that Your … under the provisions of N.J.S.A. 39:4-50.” Id. at 209. In support of this conclusion, as defense counsel at trial … 5 alter concurrent findings of facts and credibility determination made by two lower courts absent a very obvious …
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… upon those conclusions in their respective final value determinations. For the reasons more fully stated below, the … data from M&S, but did not rely on it in his final value determinations. He deemed the building class as Class … the Subject was over-assessed. Plaintiff’s appraiser also supported his value conclusions using accepted valuation …
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… of general deterrence. Consequently, the record fully supports the sentencing court's finding of aggravating … the theft conviction. The cases cited by defendant in support of his argument for resentencing are not on point. … cases relying on the "sentencing package doctrine," to support his argument. The federal cases are all …
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… certainty." While he disagreed with some of Brackmann's determinations, he indicated he based his calculation on … further indicated he did "not agree with [the engineer's] determination . . . the 5 A-2784-24 interior damage" was … we "ponder[] whether . . . there is substantial evidence in support of the trial judge's findings 8 A-2784-24 and …
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… to permit Jeffrey to move for the judge's recusal. In support of Jeffrey's application, plaintiff submitted a … "is limited to determining whether '[its] findings are supported by substantial, credible evidence in the record.'" … was to contest the relief requested by Jeffrey and to support defendant's client's position in the underlying …
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… or unreasonably if its findings of fact . . . are not supported by the record, or if it usurps power reserved to … the discretionary decisions of local boards that are supported by substantial evidence in the record and reflect … (quoting Ward v. Scott, 16 N.J. 16, 23 (1954)). However, determinations of questions of law in land use matters are …
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… Sr. and Concetta Petrongolo, three of the decedents' children, Albert Petrongolo, Jr., Ronald Petrongolo, and … to articulate findings of fact and conclusions of law in support of the counsel fees awarded under Rule 1:7-4, we … the attorney services. We review a trial judge's legal determination permitting an award of attorney's fees de novo. …
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… deference on appeal, and are not overturned if they are supported by 'adequate, substantial and credible evidence.'" … January 2012. There is no recently disclosed information to support this motion." We conclude the judge's decision was correct and the facts amply support an entry of summary judgment and denial of leave to …
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… that plaintiff had failed to adduce sufficient evidence to support its cause of action and, further, in denying a … If the court, "accepting as true all the evidence which supports the position of the party defending against the … in any way. Beyond this, however, nothing in the record supports the claim that the USDA/RD was acting as an "agent" …
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… OF DELINQUENCY OF I.P. FOR SECOND[-]DEGREE ROBBERY WAS NOT SUPPORTED BY SUFFICIENT CREDIBLE EVIDENCE AND MUST BE … go work or school. The mother testified that normally the children would have left the house twenty minutes earlier to … In addition, I.P. argues the judge's adjudication is not supported by sufficient credible evidence and he should have …
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… further evaluation of the evidence to make an independent determination of value. The market approach (or using … elements of comparison”). Market evidence must support any element of comparison that causes “value … researched . . . [, and any] adjustment should be well supported with data,” otherwise the sale should be …
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… and was concerned about COVID-19 because his three teenage children were "go[ing] out in the world and having to live … that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." … unless [we are] convinced . . . they are so manifestly unsupported by or inconsistent with the competent, relevant …
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… his guilty plea. She found the medical records submitted in support of the motion to withdraw the guilty plea were from … assigned counsel submitted an amended PCR petition and supporting documents on July 2, 2020. Defendant argued his … issues at the time of the plea hearing. The only evidence supporting a mental health diagnosis were medical records …
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… evidence of the victim's proximity to the vehicle to support a carjacking conviction under subsection (2)(a), … HIM INTO ACCEPTING A GUILTY PLEA WHEN THE FACTS DID NOT SUPPORT A CONVICTION FOR CARJACKING. II. Under Rule … when: (1) a defendant establishes a prima facie case in support of PCR; (2) the court determines that there are …
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… compelling" and noted his testimony was "bolstered" and "supported" by the medical records and reports moved into … (1998). We are bound by the trial court's findings "when supported by adequate, substantial, credible evidence." Id. … finding of one or more of the factors may not be enough to support the issuance of a TERPO." In re D.L.B., 468 N.J. …
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… the back yard, nor did he argue that the affidavit in support of the search warrant to search the residence was … review, a trial court's factual findings in 9 A-0362-21 support of granting or denying a motion to suppress must be upheld when 'those findings are supported by sufficient credible evidence in the record.'" …
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… of the record demonstrates the judge's award of fees is supported by sufficient credible evidence, but we remand for … 4:42-9(b). The parties were married in 2010 and had two children. On June 24, 2021, plaintiff filed a domestic … 08 (App. Div. 2007). "We will disturb a trial court's determination on counsel fees only on the 'rarest occasion,' …
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… of Social Services (UCDSS) to make an eligibility determination. For the following reasons, we vacate the … DMAHS stated "there [was] nothing in the record to support a finding that the death of a UCDSS caseworker, the … unreasonable. 8 A-1153-21 A court's review of an agency's determinations is limited. Allstars Auto Grp., Inc. v. N. J. …
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… By contrast, PFRS argues substantial, credible evidence supports the Board's conclusion because Duck's shoulder … administrative agency action is limited"). "An agency's determination on the 5 A-0219-21 merits 'will be sustained … capricious, or unreasonable, or that it lacks fair support in the record.'" Saccone v. Bd. of Trs., Police & …
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… "[F]indings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." … N.J.S.A. 2C:25-29(a)(1) to (6). Id. at 127. Without this determination, we cannot conduct a meaningful review of … her injuries. Therefore, the finding of assault was supported by the evidence and the judge on remand does not …