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… light of the applicable law, we affirm the trial court's determination. We do so substantially for the sound reasons … Blackstone affiliates would provide a guaranty or credit support. Upon learning this, PSEG requested in April 2015 … arbitration. PSEG amplified its contentions with various supporting certifications. If the trial court detected any …
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… of certain procedures, treatments and diagnostic tests, supported by the physician's clinical findings. See N.J.S.A. … Dr. Lazarus concluded he 11 A-3924-15T3 could not make a determination of medical necessity with respect to the … the insurer's agents to kill the insured and the insured's children . . . ." Id. at 475. [Endo Surgi Ctr., 391 N.J. …
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… The Kolarsicks and Kenneys did not appeal the Board's determination, and the Kolarsick's did not purchase the … and unreasonable. The court found that variance determinations adhere to the property and are not personal to … of the second application on the merits. Case law supports a contrary conclusion. For example, in Russell, 31 …
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… arbitrary, capricious, and unreasonable, and is otherwise unsupported by the evidence.1 1 In a related action in lieu of … decision regarding the validity of a local board's determination, 'we are bound by the same standards as was the … than six feet in height, constructed so as to keep out children and trespassers. Such buildings and enclosures …
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… raised below, the court outlined ample and competent support for his determination that the second session was free and voluntary, … aggravating and mitigating factors found by the judge are supported by competent, credible evidence in the record. …
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… N.J.A.C. 10A:4-9.24; the documents Clark submitted in support of his administrative appeal; and the subsequent … 300 days loss of commutation time. The hearing officer's determination and sanction were upheld on administrative … under the Double Jeopardy Clause. Their reasoning supports our conclusion here, although in neither did we …
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… findings in a motion to suppress provided the findings are "supported by sufficient credible evidence in the record." … her subsequent reversal of that ruling. The audio recording supported the judge's initial denial of defendant's motion … the motion to suppress the out-of-court identification was supported by substantial credible evidence. The judge …
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… with applicable law. Bidders were further advised: "Determination of low bid will be made by comparing the total … does not delineate any bright line test . . . [for] the determination of an unbalanced bid[,]" the judge noted … determined Brunje's "findings as to unbalancing [we]re supported by the record." As for Moglia's testimony, the …
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… no role to the issues you're going to be asked to make a determination on, okay. Gerardina, Juan, and Gerardina's … its discretion to accept or rely on about their ultimate determination with respect to apportionment, liability[,] and … v. James, 113 N.J. 619, 632 (1989). The record does not support plaintiffs' contention the jury did not heed the …
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… factual findings generally are "binding on appeal when supported by adequate, substantial, credible evidence." … to unconscionability. Delta Funding, 189 N.J. at 39. That determination is fact-sensitive and made on a case-by-case … (reviewing courts shall adopt a trial court's factual determinations when "supported by adequate, substantial and …
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… found that application of 3 Defendant's certification in support of his petition was not filed until January 14, … "must show that the error 'played a role in the determination of guilt.'" Id. at 547 (internal quotations … of his convictions. We also agree with the trial court's determination that application of the bar in Rule 3:22-4(a) to …
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… court found that Miller: has not introduced any evidence to support the assertion that [GNAC] or any of its personnel … casino regulations after he became disruptive, but does not support [Miller's] claim that defendants worked together to … that there was a complete absence of evidence in the record supporting Miller's claim of a breach of the duty of public …
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… "policy will be excess over [ExamWorks's] policy." In support of its request for coverage, plaintiff relied on … enter summary judgment in defendant's favor. The court's determination on reconsideration—that plaintiff is not … 242, 252 (1986)). This court reviews the trial court's determination of legal issues de novo. Globe Motor Co. v. …
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… assertions" of deficient performance are insufficient to support a PCR application. State v. Cummings, 321 N.J. … an evidentiary hearing. The Supreme Court overturned that determination. Among other things, the Court in Porter … accounts was required. We reach a different procedural determination as to the affidavits of Shameek Brown, Oreander …
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… judge had read the sentencing memo as well as letters in support from family members and friends, and asked if there … claims of ineffective assistance were bald assertions unsupported by the record, and defendant provided no proof of … counsel neglected to review discovery with him, was unsupported by the record as defendant had multiple …
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… (collectively, the Association) appeal from a final determination of the Acting Commissioner of the New Jersey … filed an administrative appeal challenging the DEP's LOI determination. The DEP referred the administrative appeals to … The ALJ concluded that the DEP's LOI determination was supported by the record, and the conditions the DEP imposed …
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… former Wood-Ridge Church members to provide spiritual support after their church closed. Pastor Weddington also … There, the decedent left property in a trust to her "grandchildren." Id. at 154. The trustee sought a declaratory … no reason to take issue with Judge LaConte's credibility determination that it was Stumm's probable intent that a local …
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… impacts in a conclusory fashion without any evidence to support 10 A-3741-17T3 such assertions. His testimony also … jurisdiction argument. The court further found the record supported a finding that the developer provided sufficient … statement of reasons. Judge Miller's findings are amply supported by the record and his conclusions fully comport …
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… he left the scene of a single accident, which would only support a conviction for one offense regardless of the … involves "a purely legal question, . . . we review that determination de novo." Ibid. (citing State v. Cagno, 211 N.J. … v. Penn, 183 N.J. 477, 492 (2005)). In making this determination, we begin by examining the statute's plain …
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… capricious, or unreasonable, or that it lacks fair support in the record." J.B. v. N.J. State Parole Bd., 229 … "by [an] agency's interpretation of a statute or its determination of a strictly legal issue." Lavezzi v. State, … denying Stein's petition for rulemaking. The Commission's determination that New Jersey's AWS is an intra-state system, …