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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 …
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njcourts.gov
… (quoting Brill, 142 N.J. at 529-30). Assertions that are unsupported by evidence "[are] insufficient to create a … rise to the slip and fall or eyewitness testimony may support an inference of constructive notice about the … assertions [in a certification] are not capable of either supporting or defeating summary judgment." Ridge at Back …
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njcourts.gov
… boyfriend, who is also the father of one of defendant's children. The officers obtained surveillance video that … charges; rather, she had pled guilty to lesser offenses. In support of that contention, defendant cites K.S., in which … 437 N.J. Super. 555, 564-65 (App. Div. 2014). In support of that conclusion, we noted the Legislature's …
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njcourts.gov
… findings in the accompanying written decision were unsupported by the evidence. Alternatively, defendant argues … principles. Because we conclude there is sufficient support in the record to justify the trial judge's decision, … price of the Berwick Property. The couple and their three children lived in the largest of three bedrooms in the …
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njcourts.gov
… (PCR) without an evidentiary hearing. Because the record supports the PCR judge's decision, we affirm. I. Between … this is what brought him here. He does have a very strong support system, and given his age, Your Honor, it is my hope … convictions. Defendant also claimed that information supported the application of three mitigating factors. He …
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njcourts.gov
… of the basis for the claimed SUT refunds, as well as supporting documentation to substantiate the claims. … explain. On May 19, 2019, the Division issued its final determinations on both protests. It granted Solexis's request … a complaint with the Tax Court, challenging these final determinations. They argued they submitted sufficient proofs …
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njcourts.gov
… contradictions in her testimony. Her testimony was largely supported by the record and the court feels that she was … we will uphold the PCR court's findings that are supported by sufficient credible evidence in the record." … consultation with Watkins. These findings are amply supported in the record and will not be disturbed. Moreover, …
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njcourts.gov
… 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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njcourts.gov
… Disciplinary Hearing Officer (DHO) determined the evidence supported a determination of guilt, finding Haines "has been sexually … is "arbitrary, capricious or unreasonable," or is unsupported "by substantial credible evidence in the record as …
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njcourts.gov
… was established for the benefit of Keith Caneiro’s wife and children upon RAYMOND S. SANTIAGO MONMOUTH COUNTY PROSECUTOR … State v. D’Amato, 218 N.J. Super. 595 (App. Div. 1987) to support his position. Both cases concern allegations of an … degree.” The facts that were presented to the grand jury support that there was probable cause for a finding of same. …
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njcourts.gov
… is both valid and enforceable. First, the Agreement is supported by adequate consideration. It is axiomatic that promises will be enforced if those representations are supported by consideration. Martindale v. Sandvik, Inc., 173 … has been found to constitute sufficient consideration to support certain employment-related agreements."). Here, …