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njcourts.gov
… that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." Id. … order pursuant to the PDVA, the judge must make two determinations. Silver v. Silver, 387 N.J. Super. 112, 125 … v. Peranio, 280 N.J. Super. 47, 54 (App. Div. 1995). The determination of whether such an order should be issued must …
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njcourts.gov
… or speculative. Defendant does not set forth any facts to support his claims, and, therefore, defendant's submission … point to a single decision by the [c]ourt that was not supported by applicable legal standards." Judge Delaney … assertions" of deficient performance are insufficient to support a PCR application. State v. Cummings, 321 N.J. …
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njcourts.gov
… N.J. 246 (2001) (“Discovery is intended to lead to facts supporting or opposing an asserted legal theory; it is not … 106 N.J. Eq. 449, 451 (Ch. Div. 1930). The title needed to support or defend against an ejectment action is “one which … N.J. 246 (2001) (“Discovery is intended to lead to facts supporting or opposing an asserted legal theory; it is not …
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njcourts.gov
… representing himself, filed a PCR petition. In his supporting certification, defendant alleged: (1) My trial … judge found that defendant had not alleged specific facts supporting his assertion that trial counsel had been … only if : (1) he or she establishes "a prima facie case in support of [PCR]," (2) "there are material issues of …
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njcourts.gov
… 2 A-1408-21 PER CURIAM Sean Hart appeals from a final determination of the Board of Trustees (the Board) of the … evidence only and did not make any credibility determinations. From our review of the record, we are … capricious, or unreasonable; or (3) the decision was not supported by substantial evidence." In re Virtua-W. Jersey …
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njcourts.gov
… to Callaway that Brown and his uncle killed Hayes. To support his alibi contentions, defendant tendered affidavits … appeal, defendant argues that the PCR judge erred in his determinations, and that the alibi and third-party guilt … we will uphold the PCR court 's findings that are supported by sufficient credible evidence in the record." …
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njcourts.gov
… for ADR benefits, and therefore, affirmed the Board's determination denying petitioner's application. Petitioner … incident or since. Therefore, the Board adopted the ALJ's determination there was nothing undesigned or unexpected about … capricious, or unreasonable, or that it lacks fair support in the record." Mount v. Bd. of Trs., Police & …
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njcourts.gov
… Police Department's (CCPD) Narcotics Gang Unit (NGU). In support of his motion to dismiss the indictment, defendant … arguments before the motion judge, noting defendant did not support his motion with the incident report from which the … on purely a legal question, however, we review that determination de novo." State v. Twiggs, 233 N.J. 513, 532 …
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njcourts.gov
… of his driver's license, he failed to produce evidence supporting this allegation. At his deposition, Baratta … 12 A-3560-21 to Baratta, the record simply does not support an inference that the parking enforcement officers … court's conclusion that Baratta failed to produce evidence supporting his claim that the city engaged in a policy, …
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njcourts.gov
… defer to a judge's bench trial findings so long as they are supported by credible evidence in the record. An actor's … and balances aggravating and mitigating factors that are supported by competent credible evidence in the record." … The judge must then place, on the record, the factual basis supporting the findings of the particular factors affecting …
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njcourts.gov
… not per se irrelevant to reliability and probable cause determinations and therefore, the court should have first … if anything[,] was recovered." Defendant's motion was supported by a report authored by an expert in canine … only where "the court has abused its discretion, or its determination is based on a mistaken understanding of the …
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njcourts.gov
… deferential standard and only reverse them if they are not supported by substantial credible evidence. See State v. … not to pursue a direct appeal. Those findings are amply supported by the record. Those findings are also consistent … and one of his co- defendants. Again, those findings are supported by substantial credible evidence developed at the …
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njcourts.gov
… findings of the trial court so long as those findings are supported by sufficient evidence in the record.'" State v. … and circumstances presented to an arresting officer would support a person 'of reasonable caution in the belief that … charge. Sufficient credible evidence in the record supports the findings that the officers were "'lawfully …
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njcourts.gov
… of their hours worked in their capacity as Commissioners to support their eligibility for State Health Benefits. The … keep complete, accurate records of their hours worked to support their eligibility.” Notably, nowhere does that … post. And, for that matter, those truths only find further support in defendant’s very own self-certified timesheets, …
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njcourts.gov
… is appropriate only when the agency's decision is unsupported by substantial credible evidence in the record as … 382 N.J. Super. at 23-24. Thus, "a prison administrator's determination not to give a prisoner a polygraph 14 A-3047-21 … is discretionary and may be reversed only when that determination is 'arbitrary, capricious or unreasonable.'" Id. …
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njcourts.gov
… to be 'arbitrary, capricious, or unreasonable, or . . . not supported by substantial credible evidence in the record as … of the Commission's conclusion. The Commission's final determination that Beach violated both N.J.S.A. 45:15- 17(e) … properly weighed the Kimmelman factors in their final determination when deciding the monetary penalty imposed. …
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njcourts.gov
… stop. The stop was precipitated by the police officer's determination that the car in which S.H. was a passenger had … on appellate review, a trial court's factual findings in support of granting or denying a motion to suppress must be … deemed credible by the trial court and that credibility determination is given deference, see State v. Gibson, 218 …
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njcourts.gov
… Initially, we note that WH Associates' claims were not supported by certifications or deposition testimony. … do not constitute certified proof and are insufficient to support a summary judgment order. See Sellers v. Schonfeld, … 90, 102 (App. Div. 2018). There is nothing in the record to support the contention that buildings in Hoboken could not …
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njcourts.gov
… That April, PCR counsel also filed a memorandum of law in support of the petition, and defendant submitted a letter. … of a prima facie case in support of [PCR], 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 …
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njcourts.gov
… is 'arbitrary, capricious, or unreasonable or is not supported by substantial credible evidence in the record as … Office of Interstate Services to the sending state for a determination on how, or if, sanctions shall affect the … Services to 9 A-2100-20 the sending state for a determination on how, or if, sanctions shall affect the …