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… 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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… 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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… as a matter of law." DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … we will 'not "engage in a strained construction to support the imposition of liability" or write a better … and the repair costs. Thus, we part ways with the judge's determination that summary judgment was warranted because …
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… 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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… the plea hearing in response to Barman's questions did not support his guilty plea for the crime of second-degree … disposition, the trial court did not make any final determination concerning whether 8 A-2478-15T1 Sasala received … invalid by a state tribunal authorized to make such determination, or called into question by a federal court's …
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… received written notification of OCCO's July 29, 2016 determination until March 20, 2017, when her counsel made a … and March 29, 2017 for a fair hearing to challenge OCCO's determination that H.T. was clinically ineligible for the … to be "arbitrary, capricious, or unreasonable, or . . . not supported by substantial credible evidence in the record as …
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… Prison (NJSP), appeals from the September 28, 2016 final determination of the Department of Corrections (DOC) … decision is arbitrary, capricious, or unreasonable, or unsupported by substantial credible evidence in the record as … to support the agency's conclusions). "[A]lthough the determination of an administrative agency is entitled to …
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… the facts upon which plaintiff and its experts relied in support of its claim for damages were unreliable or … nature of the damages and the lack of concrete data to support the claimed damages." The court noted plaintiff … 520, 540 (1995); R. 4:46-2(c). However, a trial court's determination that a party is entitled to summary judgment as …
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… counsel filed a letter brief and appendix with the court in support of defendant's petition. PCR counsel argued that the … to seek a finding on mitigating factor four. The record supports the judge's findings. At sentencing, the judge … found mitigating factor four. The evidence would not have supported a finding that "[t]here were substantial grounds …
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… of the trial judge's equitable distribution determinations in the June 8, 2017 Final Judgment of Divorce … We affirm. The parties married in 1980. Both of their children are emancipated. During their marriage, the parties … undergirding the trial court's decision if they are supported by adequate, substantial and credible evidence on …
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… Id. at 11. Therefore, we reversed the court's determination and remanded for further proceedings. Id. at 12. … filed a cross-motion to file a second amended complaint. In support of that motion, which was not accompanied by a draft … materially greater interest than the chosen state in the determination of the particular issue and which . . . would be …
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… claims if a defendant presents a prima facie claim in support of post-conviction relief. Preciose, 129 N.J. at … on appeal does he identify any evidence in the trial record supporting the justification of self- defense under N.J.S.A. … A-2008-16T1 swinging the board again. There is no evidence supporting an actual , honest, reasonable belief by …
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… whole, respondent asserts some of the JOC's findings are unsupported by the record. Respondent also argues petitioner's … must be accorded the factual findings and legal determinations made by the [JOC] unless they are 'manifestly … in petitioner's partial permanent disability. That determination, however, is well within the expertise of a JOC, …
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… 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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… and plaintiff may now proceed toward final judgment," and supported that assertion with the letters attached to his … lifted, but the letters attached to his reply certification supported that conclusion. The letters indicated the … it would not provide loan modification assistance. This supported the initial certification by US Bank's counsel …
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… his case to a three-member panel for the separate determination of a FET outside of administrative guidelines. … if "arbitrary, capricious or unreasonable, or [if] not 'supported by substantial credible evidence in the record as … of the "essentially factual nature" of the Board's determination that an inmate is substantially likely to …
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… to admissibility is satisfied by evidence sufficient to support a finding that the matter is what its proponent claims." N.J.R.E. 901. "The determination of whether the State sufficiently established … committed to the discretion of the trial judge, and his determination will not be overturned in the absence of a …
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… April 20, 2018 2 A-1064-16T1 E.W. appeals from a final determination of the School Employees' Benefits Commission … of [E.W.'s] receipt of Horizon's final adverse benefit determination." In a letter dated July 27, 2015, the … (2) whether the record contains substantial evidence to support the findings on which the agency based its action; …
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… January 25, 2017 summary judgment orders. The motion was supported by Latronica's certification, and sought relief … v. Little, 135 N.J. 274, 283 (1994). A trial court's determination under Rule 4:50-1 is entitled to substantial 9 … and we discern no basis to disturb the trial court's determination. Affirmed. … SYLVESTRE ROMERO VS. K. HOVNANIAN …
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… had no medical expert and that he needed such an expert to support causation between the alleged negligence in allowing … may offer testimony from his or her treating physician to support a claim for negligence. Our Supreme Court has held … for him to go to the hospital. The hospital records support plaintiff's contention that he had at least a knee …