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… On appeal, defendants argue the judge's findings are not supported by adequate, substantial, and credible evidence … that the trial judge's thorough and extensive credibility determinations find abundant support in the record. R. 2:11-3(e)(1)(E). We next address …
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… Recording Act. Defendants again rely on Bozzarello II in support of their position. Pursuant to the Recording Act, … trial court's denial of their motion to vacate default. In support of the motion, defense counsel certified that … "the presence of a meritorious defense worthy of judicial determination . . . and the absence of any contumacious …
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… find one aggravating factor that does not appear to be supported by the record, namely, N.J.S.A. 2C:44-1(a)(12) … basis for finding aggravating factor twelve. If there is no support in the record for this finding, the court shall …
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… of the Board of Review (Board), which reversed the determination of the Appellant Tribunal and held that Pelczar … N.J. 197, 210 (1997). "If the Board's factual findings are supported 'by sufficient credible evidence, [we] are … to the Board, but the Board made no further factual determinations to resolve those disputes. Thus, we remand this …
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… dispute. Because we agree with the motion court's determination that the insurance policy clearly and … we will not engage in a strained construction to support imposition of liability or write a better policy for … principles, we discern no basis to reverse the court's determination that the policy does not provide coverage for …
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… contends that the judge's findings and conclusions were not supported by "sufficient credible evidence." She argues that … D'Agostino v. Maldonado, 216 N.J. 168, 182 (2013). Final determinations made by the trial court sitting in a non-jury … that the trial court's decision constitutes a legal determination, we review it de novo." Ibid. Roman argues Judge …
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… subcontractors and their employees. Rather, the application supported the conclusion that Krakowiak "was [running] a one … If a court, "'accepting as true all the evidence which supports the position of the party defending against the …
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… disturb a court's finding of a violation of probation when supported by sufficient credible evidence in the record. See … factors counterbalanced with the mitigating factors supported by credible evidence. State v. Dalziel, 182 8 …
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… a Final Decision on May 27, 2016, upholding the ALJ's determination and suspension. Respondent was granted a stay of … they are "arbitrary, capricious or unreasonable" or "not supported by substantial credible evidence in the record as … our review of the record, we take no issue with these determinations by the ALJ. We next consider respondent's …
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… the Community was incorporated in the late 1920s, it was supported by dues paid by those homeowners who voluntarily … the record, the judge's factual findings on that point are supported by sufficient credible evidence. See Rova Farms, …
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… Hudson, who lived across the street and was a cousin to her children. Hudson gave a statement to police implicating … whether the evidence in the record was sufficient to support a conviction on any count on which the jury found … on the guilty verdict[s] is independent of the jury's determination that evidence on another count[s] was …
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… 4 A-1530-15T1 decision so long as those findings are supported by sufficient credible evidence in the record. … 364 U.S. 253, 80 S. Ct. 1431, 4 L. Ed. 2d 1688 (1960), to support this proposition. In Rios the United States Supreme … any expectations of privacy in it[.] The trial court's determination that defendant voluntarily relinquished …
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… and further noted that defendant submitted no proofs in support of her counterclaims. The court returned the matter … that the purported new evidence defendant submitted in support of her motion was irrelevant to the foreclosure …
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… trial because his claim of newly discovered evidence was unsupported by legally competent evidence. Defendant sought … that the court cannot hear a motion unless the motion is supported by "affidavits made on personal knowledge, setting … witnesses). A defendant's claim seeking PCR must be "supported by affidavits or 8 A-1215-14T4 certifications …
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… away by the time the PCR petition was filed. However, in support of his petition, defendant submitted a certification … [I]f a defendant has presented a prima facie case in support of PCR, an evidentiary hearing generally should be …
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… defendants filed a cross-motion for summary judgment. In support of its motion, plaintiff provided 4 A-3492-14T3 the … 142 N.J. 520, 540 (1995)); R. 4:46-2(c). A trial court's determination that a party is entitled to summary judgment as … not be defeated by bare conclusions lacking factual support, Petersen v. Twp. of Raritan, 418 N.J. Super. 125, …
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… defendants argue that the motion judge's findings were not supported by the record and were otherwise erroneous. In … against defendants for the full amount owed. In his supporting certification, the fiscal agent asked the court …
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… "[T]he appropriate standard of appellate review of determinations made in workers' compensation cases . . . is … must be accorded the factual findings and legal determinations made by the Judge of Compensation unless they are 'manifestly unsupported by or inconsistent with competent relevant and …
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… an ability-to-pay hearing. Our review of sentencing determinations is limited. State v. Roth, 95 N.J. 334, 364-65 … 64 (2014). The court must then "determine which factors are supported by a preponderance of [the] evidence, balance the … balance[d] aggravating and mitigating factors that [were] supported by competent credible evidence in the record." …
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… A. The Judge's Finding of Reasonable Suspicion Did Not Support His Conclusion That The Warrantless Search of … judge's factual findings, "so long as those findings are supported by sufficient credible evidence in the record." …