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… refusal to give a breath sample, N.J.S.A. 39:4-50.4a, which supported the State's position that defendant would not be … alteration in original) (footnote omitted).] As further support that both sections be substantively read together, …
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… PCR petition seeking a new trial. In his written decision supporting the order, the judge recounted the timing of … we will uphold the PCR court's findings that are supported by sufficient credible evidence in the record." …
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… under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." … to the trial court's factual findings . . . 'when supported by adequate, substantial and credible evidence.'" … counsel misadvised him about his plea is a bald assertion unsupported 6 A-1794-20 by any competent evidence. See ibid. …
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… 524, 535 (App. Div. 2004). In reviewing such 6 A-1586-20 determinations, we accept the trial court's fact findings so long as they are supported by substantial credible evidence. In re Return of … denial of O'Farrell's FPIC application. The judge's determination comported with statutory and decisional law. We …
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… argues that "the State presented insufficient evidence to support a finding that W.W. required commitment to the … Thus, there is ample credible evidence in the record to support Judge Freedman's finding. Affirmed. … IN THE MATTER …
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… and defendant Debra Wittik were married in 1982. No children were born of the marriage. However, plaintiff has … later filed a third-party complaint naming Suske, Suske's children, and plaintiff's mother as third-party defendants, … were "being heard simultaneously on August 16, 2019." To support her opposition to plaintiff's motions, defendant …
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… PCR counsel concerning the need for an expert report to support defendant's claim that he had a viable mental health … basis for rejecting those credibility findings, which are supported by substantial credible evidence developed at the …
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… (Emphasis added). Plaintiff cites to no authority in support of this argument and fails to specify how the trial … that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence. …
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… allegation of racial discrimination by [p]laintiff is not supported by evidence, and so it cannot be said [Legg] … a full opportunity to present evidence and arguments in support of his claims. Each judge treated plaintiff in a … proceedings before them. Therefore, we reject plaintiff's unsupported contentions to the contrary. Affirmed. … FERNANDO …
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… assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the … 154[,] 170 [(App. Div. 1999)]. First, [defendant] failed to support his claims by either an affidavit or certification …
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… no response from R.M., on June 6 the Division issued a determination on her November 26, 2018 application, finding … transfer penalty. R.M. did not immediately challenge the determination, but rather she filed a new application for … or unreasonable; or (3) the 5 A-3079-19 decision was not supported by substantial evidence." Ibid. (citing In re …
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… 378, 382 (App. Div. 2015). We examine discretionary determinations, supported by the record, to discern whether an abuse of … 571 (2002) (citation omitted), "we do not overturn those determinations unless the court abused its discretion, failed …
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… meet the standard. Trantino II, 166 N.J. at 197. In its determination of parole eligibility, the Board must consider … are neither arbitrary nor unreasonable, but rather are supported by credible evidence. The Board has authority to … decision to deny parole and set a thirty-six-month FET is supported by sufficient credible evidence in the record and …
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… Defendant cross-moved for leave to amend his pleadings. In support of its motion, the Bank presented a certification … stating she had personal knowledge of the records in support of the Bank's right to foreclosure. On February 23, … motions to amend pleadings are liberally granted, but the determination is left to the sound discretion of the trial …
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… appeals from a July 20, 2018 final administrative determination by the Board of Trustees, Public Employees … We disagree. Our review of an administrative agency determination is limited. In re Carter, 191 N.J. 474, 482 … or unreasonable, or that 5 A-6019-17T1 it lacks fair support in the record.'" Russo v. Bd. of Trs., Police and …
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… hearing officer refers only to the evidence in the record supporting his findings of multiple violations. Appellant's … is neither arbitrary nor unreasonable, but rather is supported by the credible evidence. Its decision to revoke …
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… Indeed, the very language of the statute of repose supports a broad application regardless of how a plaintiff … not one of these plaintiffs produced an expert report to support a claim that the originally installed system was …
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… witness unduly prejudiced defendant. The rebuttal witness supported the testimony given by E.F and J.F. on direct … of defendant's grounds for PCR. The record simply does not support that argument. Judge Lindemann expressly stated that …
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… Health Resources, Inc. (the Employer) as a community support coordinator. She worked for the Employer for … come 6 A-3052-17T4 to the same conclusion if the original determination was its to make, but rather whether the fact … standards, we discern no basis to disturb the determinations made by the Board. Locker complains of the …
njcourts.gov
… 10A:71-3.11. . . . . [T]he Board concurs with the determination of the Board panel that a preponderance of the … the Board's well-reasoned final agency decision, which is supported by sufficient credible evidence. R. … final decision states that the Board "concurs with the determination of the Board panel that a preponderance of the …