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… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … risk of misidentification. The cases cited by the State in support of its argument are all significantly factually … the State cites to cases from other jurisdictions to support the assertion that an inadvertently suggestive …
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… petition. A-5321-15T2 11 There is no legal authority that supports defendant's argument. To overcome the time … of the record reveals there was sufficient evidence to support a conviction for distribution, and the police did … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the …
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… Corporations 1-10, John Does 1-10, and Jane Does 1-10. In support of his claims, Emanuel retained two liability … court granted due to the lack of an expert report to support the malpractice and negligence claims. Because we … into evidence of an expert's conclusions that are not supported by factual evidence or other data." Polzo, 196 …
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… Title IV, 122 Stat. 2323, 2353-57 (2008). The second determination, docket number 405,317, found appellant … the same services in the fall. Appellant appealed that determination and after a hearing before the Appeal Tribunal, … and highly deferential. "So long as the Board's decision is supported by sufficient credible evidence in the record and …
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… could never find O'Neill's conduct to be reckless is not supported by the totality of the evidence before the court. … to minors, there are sufficient factual disputes which support submission of this matter to the jury. B. The … subject to the heightened standard. To the contrary, our determination is in accord with and embodies the persuasive …
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… the trial court's decision so long as those findings are "supported by sufficient credible evidence in the record." … that "there was substantial credible evidence to support the findings of the motion judge that the . . . … in question was involved in criminal activity. Such a determination can be made only through a sensitive appraisal …
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… sentences even though a majority of the Yarbough factors support concurrent sentences." Id. at 427- 28. Here, the … imposed consecutive sentences, and provided the reasons supporting her sentencing decision. B Defendant further … and applies the mitigating and aggravating factors supported by the record, and explains how he or she arrived …
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… you an explanation. You don't have a past. You don't have children together. . . . . And . . . you had . . . I guess … 'findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence.'" … a purpose or intent to harass another is integral to a determination of harassment. State v. Hoffman, 149 N.J. 564, …
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… by [Aqua Terra], [PAG's] own expert's report and testimony supports granting summary judgment in [Aqua Terra's] favor. … [we] [afford] no special deference to the legal determinations of the trial court." Templo Fuente De Vida, 224 … proceeding issued a final judgment on the merits; (4) the determination of the issue was essential to the prior …
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… who represented herself, did not serve an expert report in support of her claim. On April 6, 2016, the case proceeded … material facts and did not provide an expert's report supporting her malpractice claim before the close of … de novo filing period. We discern no error in the court's determination, and find the trial judge properly confirmed the …
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… to a judge's findings "unless they are so wholly unsupportable as to result in a denial of justice." Greenfield … there exists sufficient credible evidence in the record to support the judge's findings, and that she correctly applied … her attorney's fees. Our review of a trial judge's fee determinations is for an abuse of discretion. …
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… personal injury claim. The summary judgment motion record supported the facts defendants set forth in their statement … plaintiff's workers' compensation benefits in making its determination. Plaintiff asserts the court made procedural … 142 N.J. 520, 540 (1995); R. 4:46-2(c)). A trial court's determination that a party is entitled to summary judgment as …
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… acts because those resolutions represent factual determinations pertaining to the adjustment payments due to … The scope of our review in an appeal from a final determination of an administrative agency is strictly limited. … (2) whether the record contains substantial evidence to support the findings on which the agency based its action; …
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… WWC argues that (1) the findings of the ALJ and NJDEP are unsupported by the evidence; (2) NJDEP acted arbitrarily by … finding that WWC's well endangers the public health is unsupported by substantial evidence, and NJDEP arbitrarily … only where it is arbitrary, capricious, unreasonable or unsupported by credible evidence in the record. Henry, supra, …
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… R. 4:18- 1(b)(2). Counsel for Gillikin certified in support of a subsequent motion to dismiss that "[t]he … with prejudice pursuant to Rule 4:23-5(a)(2). In a supporting certification, defense counsel averred defendants … production, and compel defendants' depositions. Plaintiff supported the cross-motion with his own certification, a …
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… following facts from evidence submitted by the parties in support of, and in opposition to, the summary judgment … interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … of law and fact, [we] give[] deference . . . to the supported factual findings of the trial court, but review[] …
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… whether sufficient credible evidence in the record supports the Law Division's decision. State v. Johnson, 42 … only "a very obvious and exceptional showing of error" will support setting aside the Law 1 Arizona v. Youngblood, 488 … 474. However, when issues on appeal turn on purely legal determinations, our review is plenary. State v. Adubato, 420 …
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… denied Five Star's setoff request because it was not supported by documentary evidence. The 6 A-2336-14T2 court … 9 A-2336-14T2 Our standard of review of the trial court's determinations following a non-jury trial is a limited one. … in its written decisions. We defer to the court's factual determinations, regarding the claims and credits sought by …
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… to vacate his guilty plea. A certification submitted in support of the motion asserted he is not fluent in English … deportation consequences of his plea. That argument is unsupported by an affidavit as required by Rule 3:22-10(c), … terms of the plea agreement as "a bald assertion, unsupported by the facts in the record." He included excerpts …
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… an attorney for defendant, and counsel filed a brief in support of the petition, arguing that defendant's petition … prima facie case in support of post-conviction relief, a determination by the court that there are material issues of … be resolved by reference to the existing record, and a determination that an evidentiary hearing is necessary to …