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… "the [Board] was unable to complete its eligibility determination and the denial was appropriate." The final … On appeal, A.R. contends that DMAHS's decision was not supported by credible evidence because the Board never asked … delay resulted from one of the following: . . . . (2) A determination to afford the applicant, whose proof of …
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… the State's motion was untimely; the decision lacked support of sufficient credible evidence in the record; and … (allocating burden and standard of proof). The court's determination that defendant poses a threat to the public … unearthed would have materially affected her credibility determinations, and resulting fact-findings. To the extent not …
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… FEDERAL CONSTITUTIONS. A. The Investigatory Stop Was Not Supported By Reasonable Suspicion. B. Under Both State and … in this case, we need not address the trial judge's determination that defendant lacked a reasonable expectation … in question was involved in criminal activity. Such a determination can be made only through 8 A-3531-16T3 a …
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… WHEN IT RELIED ON A VOID ASSIGNMENT OF MORTGAGE AND THE UNSUPPORTED ASSERTIONS OF A NON-PARTY TO AWARD PLAINTIFF … 8 A-0998-16T1 The plain language of subsection (a) does not support defendant's argument. Subsection (a) requires … note constituted the sole maturity date pertinent to the determination of the limitations period under N.J.S.A …
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… 5 A-1670-16T3 Because we affirm the trial judge's determination that the ordinance is arbitrary, capricious, and … we not interfere with a trial judge's fact findings when supported by adequate, substantial and credible evidence, … 150 N.J. 111, 132-33 (1997). For this reason, credibility determinations are entitled to particular deference. Ibid. We …
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… dismiss were brought pursuant to Rule 4:6-2(e), they were supported by exhibits outside the pleadings themselves, for … River Property Owners' Association, 37 N.J. 433 (1962), supported a finding that defendants operated a public … statements or unreported cases plaintiff cites in her brief supports the conclusion that the BPU or any other agency has …
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… we should not disturb "'the PCR court's findings that are supported by sufficient credible evidence in the record.'" … giving due deference to trial counsel's trial strategy. To support his decision, the trial court cited State v. … any credible evidence as to any of the claims alleged in support of [his] application for ineffective assistance of …
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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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… to a text message she accidently sent to her boyfriend's children and her employer's response to that event. As B.H. … and permanently disabled[.]" B.H. appealed the Board's determination and requested a hearing. The Board deemed the … the substantial credible evidence at the hearing did not support the Board's conclusion that her "disability [was] …
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… fees, reimbursement from defendant for his share of the children's medical expenses, and permission to enroll the … interests and thereby acquired sufficient information to support a counterclaim in the civil case. Plaintiff's … of sanctions as requested by defendant. In light of our determination that there was a violation of the terms of the …
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… and second- degree endangering the welfare of children, N.J.S.A. 2C:24- 4(a)(1), upon his granddaughter, … 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 8 …
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… legal principles. This court's review of DMAHS's determination is limited. Barone v. Dep't of Human Servs., … with the responsibility of implementing legislative determinations"); see also Wnuck v. N.J. Div. of Motor … (3) whether the record contains substantial evidence to support the findings on which the agency based its action; …
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… or was committed to acquire property or monies in order to support the person’s drug or alcohol dependency; and (4) … sentencing court, not the prosecutor, who makes the final determination regarding an applicant's eligibility for Drug … of the offense nor [defendant's] mental health history support the conclusion that [defendant's] participation in …
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… be disturbed where 'there is substantial evidence to support [its] implicit finding[s].'" State v. Locurto, 157 … judge's factual findings, "so long as those findings are supported by sufficient credible evidence in the record." … revised plain view factors under Gonzales.4 The judge's determination of Detective Alvarado's credibility is …
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… so long as sufficient credible evidence in the record supports those findings."). Togno was patrolling Route 80 at … rejected defendants' argument that the reasonable suspicion supporting Togno's request for consent was premised upon … instance, police improperly obtain the information that supports the reasonable suspicion underlying a request for …
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… the trial court's decision so long as those findings are supported by sufficient credible evidence on the record." … 200 N.J. at 15). "To the extent that the trial court's determination rests upon a legal conclusion, we conduct a de … judge correctly found the totality of the circumstances supported a finding of reasonable suspicion to justify the …
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… factual findings and will uphold those findings that are "supported by sufficient credible evidence in the record." … N.J. 283, 292-93 (1987). Here, the "cold record" not only supports a finding that the plea hearing complied with R. … Preciose, supra, 129 N.J. at 463. Notwithstanding our determination as to the failure to make out a prima facie …
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… the court found the line of cases plaintiff cited in support of an exception to such provisions inapposite, not supporting the proposition for which they were being … Livingston matter, [] in front of the same arbitrator." In support of his appeal, plaintiff raises a host of points of …
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… to reinstate the parties' claims. In a certification in support of the motion, the Perezes alleged that following … intended to be payment to Restoration for its work. In support of its cross-motion, Restoration submitted … Because the underlying pleadings were dismissed without a determination of any party's entitlement to the funds …
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… at 746). However, "if the complaint states no claim that supports relief, and discovery will not give rise to such a … we review dismissal of plaintiff's claims. The record amply supports the trial court's conclusion that the complaint … procedural requirements prior to making a binding legal determination, which directly affects the legal rights of a …