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… been met." Barboza, 115 N.J. at 422. It does not make "determination[s] based on witness credibility or the feel of … circumstances" and context of the entire colloquy supported this inference. We agree. As we have noted, the … and because the court is sometimes making credibility determinations about witness testimony." Ibid. Unless an abuse …
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… PER CURIAM The Court considers the Appellate Division’s determination that it was not plain error for the trial court … rather, it must look only to the “existence of evidence to support the lesser included offense [charge].” Id. at 289 …
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… FOR A HEARING. 9 A-1687-20 In an attempt to provide support for those arguments, defendant filed a motion for … at [the time of sentencing] to 'take into account how children are different, and how those differences counsel …
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… a negotiated sentence within the ordinary range. To support his argument, defendant points to question seven on …
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… products because eliminating food groups from the diets of children in order to avoid certain elements may result in … N.J. 246 (2001) (“Discovery 4 is intended to lead to facts supporting or opposing an asserted legal theory; it is not … and the proper labeling, poses a danger that a court’s determination “will be inconsistent with that of other courts …
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… of care. He also sent counsel for plaintiff two emails supporting his opinion that Dr. Braimbridge deviated from …
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… alleging that decedent died "from iatrogenic causes." In support of these claims, plaintiff retained the services of … 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 … Consultant for the Poison Control Center at the Children's Hospital of Philadelphia; and as Assistant Editor …
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… factual findings will not be disturbed where they are supported by sufficient credible evidence in the record. … v. Oliveri, 336 N.J. Super. 244, 251 (App. Div. 2001). A determination by a trial judge regarding whether defendant was …
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… and A-4061-16T1 7 complaint. In a certification filed in support of the motion, Brigham claimed he did not know about …
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… (2) whether the record contains substantial evidence to support the findings on which the agency based 11 … required to deal with the risks of erroneous or arbitrary determinations in this context. [Id. at 211.] The process …
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… Business Tax due. On December 9, 2015, a final determination of the earlier protest was issued without any … Gross Income Tax obligation falls by the wayside. To support this assertion, William McCormick submits a … the Sales and Use Tax and Corporation Business Tax final determinations issued by the Director. It is also without …
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… Mgmt. Corp., 421 N.J. Super. 404, 428 (App. Div. 2011). In support of his arguments on appeal, plaintiff cites a …
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… Based on the foregoing, Specialized Loan Servicing does not support [p]laintiff's proposition that subsection (a) … remains, [we] afford[] no special deference to the legal determinations of the trial court." Ibid. (citing Manalapan …
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… assessment which was increased due to the assessor’s determination that the Subject was habitable with new … further evaluation of the evidence to make an independent determination of value. If, however, the presumption of … substantial and competent evidence in the record to support that determination”). Without qualitative and …
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… DECISION IS BASED ON A MISAPPLICATION OF THE LAW AND NOT SUPPORTED BY THE RECORD. A. LENGTH OF DELAY. B. REASON FOR …
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… approval 3 We have used fictitious names to preserve the children's privacy. 4 A-5206-14T3 order); and September 1, … in this appeal because the record does not permit our determination that they were untimely appealed. Defendant … "findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." Id. …
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… knowledge that a UM case has been dismissed. We discern no support for such a knowledge requirement within the words of …
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… whether sufficient credible evidence in the record supports the Law Division's decision." State v. Monaco, 444 … "However, where issues on appeal turn on purely legal determinations, [appellate] review is plenary." Monaco, supra, … of the commitment order and, therefore, no credible determination that his failure to pay was willful. N.J.S.A. …
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… in an investigation into police malfeasance may well support disclosure. That an internal affairs investigation …
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… Further, the breach of contract claims are dependent on a determination of said liability, obviating summary judgment. … a court should not 'engage in a strained construction to support the imposition of liability' or write a better …