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… 167 (1992). Accordingly, we presume a board's factual determinations to be valid, and we will only reverse if its … the discretionary decisions of local boards that are supported by substantial evidence in the record and reflect … 172 N.J. at 81. Initially, we consider the trial court's determination that the Board's decision was arbitrary, …
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… swayed and staggered a bit but never had to be held up or supported "in any way." A video of defendant at the police … to prove or disprove any fact of consequence to the determination of the action." N.J.R.E. 401. "[R]elevant … evidence or information that's not relevant to their determination in this case. Again, maybe it's relevant. Maybe …
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… notice to the licensee and a hearing." When making its determination under Chapter 466, the Council is charged with … Township at that time. However, Peter Aulert certified in support of plaintiffs' opposition to the Township's … a reasonable probability of success on the merits. That determination was solely based on the court's statements that …
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… entitling them to equitable relief. In reaching that determination, the court found plaintiffs demonstrated that … judge unless we are convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … In deciding whether the record supports the trial court's determination that defendant is liable on nuisance and …
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… For the reasons that follow, we affirm the disciplinary determination but remand for reconsideration of the sanction. … to interview Doe regarding her grievance was pretextual and supported Doe's contention she was lured to the room with no … her. We are required to defer to the credibility determination of the hearing officer. 7 7 We also reject Doe's …
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… such hearings as they deem appropriate, making their determination in writing, and shall give 3 A-1288-19T4 notice to [plaintiff] and [defendant] of their determination as soon as practicable; the concurrence of any … the parties. We disagree. Elberon, which plaintiff cites in support of its position, is distinguishable in that the …
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… and [s]chool, [h]ouses & Alms [h]ouses and suitably to support the [m]inistry . . . and to do & perform other … bar such application. We disagree. In general, "[f]inal determinations made by the trial court sitting in a non- jury … we discern no basis for disturbing Judge Alper's reasoned determination that the Charter was the governing document in …
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… theory of liability, the judge found "there [was] no support in the evidentiary record" regarding "any unsafe … eyewitness testimony, finding nothing in the record to support a two-inch obstruction or acclivity in the roadway. … for the jury. See Vincitore, 169 N.J. at 130. However, a determination of palpable unreasonableness, "like any other …
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… we defer to the trial judge's findings so long as they are "supported by sufficient credible evidence." State v. S.S., … 104(c); State v. Nyhammer, 197 N.J. 383, 401 (2009). The determination of the voluntariness of a custodial statement … evidence in the record. We see no reason to disturb the determination to admit a portion of the statements. III. We …
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… if the increased sentence is not required by law or is not supported by "any evidence of intervening conduct or prior … 220 N.J. 114, 124 (2014). The judge's decision here was supported by defendant's post-offense conduct. We turn to … the award be vacated and the matter remanded for a determination of whether defendant can satisfy the order. See …
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… by it, plaintiff did not submit any written evidence to support this assertion and its attorney conceded at oral … of plaintiff's pump station and force main, a legal determination which no other court in this State has ever made … it is not unheard of for parties to consent to a final determination on the return of an order to show cause for an …
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… the victim called Patricia Keys, the mother of his two children, who lives five hours away in Pennsylvania. When … Informing [Defendant] He Was Charged With Murder [I]s Not Supported [B]y 6 A-0437-18 Sufficient Credible Evidence [I]n … LAY OPINION TESTIMONY ON THE CENTRAL ISSUE FOR THE JURY'S DETERMINATION. (Raised below). I. We first address defendant's …
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… the on-call municipal court judge for Atlantic City. In his supporting affidavit, Abrams detailed his experience in … and credibility findings, "so long as those findings are supported by sufficient credible evidence in the record." … courts 'accord substantial deference to the discretionary determination resulting in the A-4399-14T2 11 issuance of the …
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… 14, 2021, and the trial for February 14, 2022. 4 While the supporting certification referred to plaintiff's "liability … unless the court has abused its discretion[,] or its determination is based on a mistaken understanding of the … to discovery extensions. Ibid. "However, 'we review legal determinations based on an interpretation of our court rules …
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… judgment, requesting that the court uphold the Director’s determination consistent with the billing notice for … interest should not be abated as there is no authority to support reduction in this matter as plaintiff did not rely … a motion for summary judgment under Rule 4:46- 2, the determination whether there exists a genuine issue with …
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… defer to the factual findings of the trial court when supported by credible evidence in the record. See State v. … State v. Mann, 203 N.J. 328, 337 (2010). Here, the record supports the trial judge's findings that defendant … it did require sentencing judges "to take into account how children are different, and how those differences counsel …
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… evidence under the Cofield test, we review de novo the determination that evidence is admissible under N.J.R.E. … State v. Darby, 174 N.J. 509, 518 (2002). In making its determination under N.J.R.E. 404(b), the court relied on … robbery and kidnapping. The statements attributed to Mosley support a finding of admissibility under the under the first …
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… court in determining whether to admit evidence, and that determination will be reversed only if it constitutes an abuse … an appellate court evaluates a trial court's evidentiary determinations with substantial deference." State v. Cole, 229 … of the trial court's time if perfectly sound jury verdicts, supported by sufficient evidence, are overturned based on …
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… plaintiff also cites section 821D of the Restatement to support his contention that the flooding initially … Frank, 445 N.J. Super. 98, 105 (App. Div. 2016). "Final determinations made by the trial court sitting in a non-jury … to accord deference to the trial court's credibility determination[s] and the judge's 'feel of the case' based upon …
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… he was arrested, his request to present expert testimony in support of that motion, and his motion for acquittal. He … in precluding defendant from offering expert testimony in support of his motion to suppress. Point 4 Defendant's … court in determining whether to admit evidence, and that determination will be reversed only if it constitutes an abuse …