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… Because the trial court's findings of fact were adequately supported in the record and the judge correctly applied the … we apply a deferential standard to a "trial court's determinations, premised on the testimony of witnesses and … by the trial judge are considered binding on appeal when supported by adequate, substantial and credible evidence." …
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… defendant filed another application to vacate the FRO. In support of his motion, defendant provided a psychological … "findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." Id. … in reaching her conclusion. Her findings of fact are fully supported in the record and her legal analysis is …
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… capricious, or unreasonable, or that it lacks fair support in the record, an administrative agency's final … bound by the agency's interpretation of a statute or its determination of a strictly legal issue." Ardan v. Bd. of … to warrant discussion in a written opinion as the DOC's determination was supported by sufficient, credible evidence, …
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… IV. THE TAX COURT'S FINDINGS OF FACT ARE ARBITRARY, NOT SUPPORTED BY SUBSTANTIAL CREDIBLE EVIDENCE, AND OVERLOOK AND … central contention: that the Tax Court judge erred in his determination of the highest and best use of the property. … "The findings of the Tax Court will not be disturbed if supported by 'adequate, substantial and credible evidence' …
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… . . [and] we will uphold the PCR court's findings that are supported by sufficient credible evidence in the record." … Court in State v. Wade, 169 N.J. 302, 303 (2001). Baumann supports the trial judge's conclusion that merger was … case for sentencing purposes. However, Baumann does not support the judge's conclusion that the merger, in effect, …
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… of unlawful 3 A-2575-15T2 taking. The underlying facts supporting his convictions are outlined in our opinion on … counsel secured two witnesses and had defendant testify in support of this strategy. He also attempted to move medical records into evidence 6 A-2575-15T2 to support this theory. While defendant contends an expert …
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… the plea offer do not come by way of an affidavit and are unsupported by the record. The State denies ever tendering a … counsel's recommendation that he proceed to trial is unsupported. [Defendant] has not supplied anything to support this allegation nor has he submitted an affidavit …
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… not disturb the Commissioner's decision so long as it is supported by sufficient credible evidence and is consistent … the Commissioner's factual findings were not supported by the record, and petitioner satisfied the ABC … employer."). In summary, the Commissioner's decision was supported by substantial credible evidence and, accordingly, …
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… 43:21-5(a). Wagner administratively appealed the Deputy's determination to the Appeal Tribunal. Following a hearing in … with counsel, the Tribunal affirmed the Deputy's determination. Wagner administratively appealed the Tribunal's … financial disclosure did not demonstrate a hardship, supporting the Bureau's determination that 1 Wagner's chief …
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… and found there were "no facts nor legal arguments that support this [c]ourt issuing any sanction against those … motion to the court, "separate[] from other applications," supported by a certification stating that written demand was … event, Judge Chrystal determined there was no evidence that supported Marita's allegations. We have no reason to …
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… following facts from evidence submitted by the parties in support of, and in opposition to, the summary judgment … interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … questions of law and fact, we give "deference . . . to the supported factual findings of the trial court, but review de …
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… in lieu of prerogative writs challenging the Board's determination. On July 21, 2016, the trial court found in … time of the Board's hearing. Plaintiff claimed there was no support for a variance pursuant to N.J.S.A. 40:55D-70(c)(2), … R. 2:11-3(e)(1)(D) and (E). Therefore, the trial court's determination is affirmed substantially for the reasons set …
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… a word processor disc, four erasers, and eight inkpads. In support of his claim, he submitted a denial of an Open … to be "arbitrary, capricious or unreasonable or . . . not supported by substantial credible evidence in the record as … substantial, credible evidence in the record as a whole to support the DOC's reasons for denying Ali- X's claim, and …
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… Board of Review ("Board") affirming the Appeal Tribunal's determination that she was disqualified for unemployment … good cause attributable to the work. Carr appealed the determination to the Appeal Tribunal, which conducted a … submission that Carr made and found that it further supported its conclusion that the Appeal Tribunal's decision …
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… by the [s]tatute of [l]imtations and you offer no facts to support your outrageous and unfounded allegations." When … of Cherokee Tree Services, damaged her property in 1995, as supported by the defendants' affirmative defenses. We are … interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. …
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… There was sufficient credible evidence in the record to support Judge Oxley's finding that defendant was driving … contributed to, the denial of a fair trial.'" Miller v. Fairchild Indus. Inc., 885 F.2d 498, 514 (9th Cir. 1989) … were clarifying. We shall not disturb that discretionary determination. In any event, the leading questions fell far …
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… or the hourly rate. Based on counsel's certification in support of the fee award, the judge assessed the legal tasks … the trial court's findings "are binding on appeal when supported by adequate, substantial, credible evidence." … 149 N.J. 108, 117 (1997)). "The trial court's legal determinations, in contrast, are reviewed de novo." Sipko v. …
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… In re Stallworth, 208 N.J. 182, 194 (2011). An agency's determination must be sustained "'unless there is a clear … capricious, or unreasonable, or that it lacks fair support in the record.'" Russo v. Bd. of Trs., Police & … 19, 27-28 5 A-5288-18T3 (2007)). "[I]f substantial evidence supports the agency's decision, 'a court may not substitute …
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… but conclusory statements without any factual or legal support. The judge further noted plaintiff's "application … The judge deemed defendant's statement of facts in support of its cross-motion admitted by plaintiff pursuant … interpreted the law.'" DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. …
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… to by the subcontractors [is] independently verifiable and supported by additional documents submitt[ed] in the bid." … is "obligated to give deference to the [a]uthority's determination." Waste Mgmt., 399 N.J. Super. at 525. After … the required legal deference, we agree with Judge Rivas's determination that the minor defect in the bid was not …