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… deeded to the unit. Mattalian offered to give the Board any supporting documentation plaintiff had of his position. 1 … attached a lengthy explanation of his position, relying for support on portions of the POS and the contract between WMG … 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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… not cite, and the court could not find any legal authority supporting defendant's claim. The judge also noted that the … on the record the right to appeal from the adverse determination of any specified pretrial motion. If the … on this appeal. We stated: Here, defendant offers no support for his proposition that Rule 1:12-3 prohibited [the …
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… by the Law Division to determine whether those findings are supported by the competent evidence in the record. 7 … reported did not occur. There is no basis in the record to support defendant's argument to the contrary. Defendant … A-3896-14T4 concurrent findings of fact and credibility determinations made by two lower courts absent a very obvious …
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… 563 U.S. 333, 131 S. Ct. 1740, 179 L. Ed. 2d 742 (2011), to support her claim. In Concepcion, the Supreme Court upheld … U.S. 1338, 127 S. Ct. 2032, 167 L. Ed. 2d 763 (2007), as support for the proposition that a class-arbitration waiver … expressly excluded by the arbitration agreement. We find no support for this proposition either in plaintiff's brief or …
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… at about 8:15 a.m., plaintiff was walking with her grandchild on a public sidewalk in the Town of Harrison. The … where plaintiff fell as "an ice rink." Reportedly, several children had played on the sidewalk that morning, pretending … to the dangerous and slippery condition of the sidewalk. In support of her claims, plaintiff retained a licensed …
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… the parties agreed an anonymous tip alone could not support a warrantless search, the court found the State had … findings of the trial court so long as those findings are supported by sufficient evidence in the record.'" State v. … cannot provide reasonable and articulable suspicion to support a detention in the first instance." Rosario, 229 …
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… the "aggravating and mitigating factors are identified, supported by competent, credible evidence in the record, and … (5), (6), (9). The judge's findings were well supported in the record based on defendant's criminal … nonexistent mitigating factors and the judge's decision is supported by competent, credible evidence in the record, we …
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… court's decision so long as [the factual] findings are supported by sufficient credible evidence in the record." … and was not asked for consent. The record therefore supports the judge's conclusion that defendant affirmatively … relies upon State v. Montalvo, 229 N.J. 300 (2017), in support of the argument. Montalvo, however, relates to a …
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… 4 Rosengarten cites to one of our unpublished decisions in support of this proposition. Not only are unpublished … capricious or unreasonable, or that it lacked fair support in the evidence." Carter, 191 N.J. at 482. To … by [an] agency's interpretation of a statute or its determination of a strictly legal issue." Norfolk S. Ry. Co. …
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… of his choice. He asserts that the underlying facts that support his conflict of interest claim – that his attorney … AMENDS. VI, XIV. POINT VI THE PCR JUDGE ERRED IN HER DETERMINATION THAT THE PROSECUTOR DID NOT IMPLY THAT ONCE A … constraints. Absent the PCR court's threshold timeliness determination, we decline to reach the merits of defendant's …
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… court's factual findings as long as those findings are supported by sufficient 9 A-5704-14T1 credible evidence in … and on all of the judge's factual findings, which are amply supported by sufficient credible evidence in the record. … found by the trial court, which we accept, overwhelmingly support the conclusion that the reasonable and articulable …
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… materials pursuant to N.J.A.C. 10A:6-2.6 based on its determination that appellant did not qualify as indigent as … and the applicable legal principles, we affirm DOC’s determination that appellant does not qualify as indigent and … it is "arbitrary, capricious, or unreasonable or it is not supported by substantial credible evidence in the record as …
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… Twp., 199 N.J. 1, 9 (2009). We will not disturb the determination of the Commission absent a showing "that it was … capricious or unreasonable, or that it lacked fair support in the evidence, or that it violated legislative … bound by the agency's interpretation of a statute or its determination of a strictly legal issue." Ardan v. Bd. of …
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… of the offense that revealed [defendant's] DNA." In the supporting brief filed on his behalf, PCR counsel reiterated … hearing. The order was accompanied by an eighteen-page, supporting opinion. In his opinion, Judge Escandon concluded … that trial counsel failed to conduct investigations was unsupported by any evidence of what such an investigation …
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… eyewitness noted the light had been out for a while)[,] may support an inference of constructive notice about the … already aware.3 Finally, like the trial court, we see no support in the record for Donahue's contention that Live … 344, 373 (2011) ("[I]f an expert cannot offer objective support for his or her opinions, but testifies only to a …
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… actions. Defendant further argues that the record does not support the application of the doctrine of substantial … to plaintiffs' two-year statute of limitations. We find no support for the motion court's interpretation of the Second … case, plaintiffs cannot satisfy all five requirements to support application of the doctrine of substantial …
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… defendant did not offer proof of the other three factors to support withdrawal of a. (1), proceeds of illegal gambling, … to withdraw his guilty plea lacking in factual and legal support. II In denying defendant's PCR petition, the judge … that defendant failed to demonstrate there was any evidence supporting a third-degree reckless health care insurance …
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… trial court's decision, provided that those findings are 'supported by sufficient credible evidence in the record.'" … taken, so long as the circumstances, viewed objectively, support the police conduct." Id. at 28 (citing State v. … we conclude that the judge's factual findings are amply supported by the record and his legal conclusions are sound. …
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… and permanent disability." She also made credibility determinations regarding the experts' testimony. The ALJ noted … and issued a final decision, affirming the ALJ's determination that Harak's disability was the result of a … it is arbitrary, capricious or unreasonable or it is not supported by substantial credible evidence in the record as …
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… of the evidence. To sustain it, it means the evidence that supports her claim, the evidence favoring the plaintiff, … plaintiff is entitled to a verdict. As long as the evidence supporting the claim weighs heavy in your minds, it is the … Lab'ys., 97 N.J. 429, 463 (1984). "A trial court's determination is 'not reversed [by an appellate court] unless …