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… of the statute to grant relief, made findings of fact not supported by the record, and misinterpreted the scope of … to determine the necessity for remedial action and to support the evaluation of remedial actions if necessary . . … sought shall constitute prima facie evidence sufficient to support the issuance of an order. [N.J.S.A. 58:10B-16(b).] …
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… 2, 2019, a second PCR counsel filed a letter brief in support of defendant's first PCR petition asserting trial … further posited that Gonzalez's testimony would have supported defendant's position that Garcia threatened … OFFENSES BECAUSE THERE WAS MORE THAN AMPLE EVIDENCE TO SUPPORT THAT DEFENDANT DID NOT KILL [THE VICTIM]. We …
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… frisk for weapons, there were no articulable facts to support the suspicion that defendant was armed at the time … findings of the trial court so long as those findings are supported by sufficient evidence in the record.'" State v. … with defendant was an investigative detention amply supported by reasonable suspicion that defendant was …
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… filed a PCR petition. PCR counsel filed a brief in support of defendant's petition.2 In October 2021, PCR … OF INEFFECTIVE ASSISTANCE OF COUNSEL. DEFENDANT'S CLAIM IS SUPPORTED BY MATERIAL ISSUES OF DISPUTED FACTS LYING OUTSIDE … factors informing that decision, we defer to that determination. Carter, 69 N.J. at 427. Initially, we observe …
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… for plaintiff's medical- negligence claim had expired. In support of that motion, the Hospital submitted copies of the … motions to dismiss the 2019 complaint with prejudice. In support of plaintiff's cross-motion, plaintiff's counsel … to defendants' malpractice until July 31, 2018. In support of their argument, Goler submitted his August 23, …
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… of Consumer Advocates submitted an amicus curiae brief in support of plaintiff's position. 10 A-1996-21 In the first … to make the purchase.'" DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 338 (App. … seek payment from her is too hypothetical and illusory to support a finding of ascertainable loss. Raising an issue …
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… was appropriate. Id. at 23-24. We concluded that the record supported the application of aggravating factors three, six, … the facts "[did] not portray an individual struggling to support a habit, but rather a lucrative, criminal … by the record. "On appeal, a trial judge's sentencing determinations are entitled to substantial deference." State …
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… minutes," instead deliberating for ninety-two minutes, "support[ing] 10 A-1561-21 [his] idea that the jury did … defendant has not cited a single rule or any case to support her counsel's cross-examination of the doctor based … does cite two cases, neither on point, she contends support that the evidence of "the existence of the pending …
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… shall "accept a trial court's findings of fact that are supported by substantial credible evidence[,]" In re … The findings of a trial judge are "binding on appeal when supported by 11 A-0820-21 adequate, substantial and credible … unless' [it is] convinced [they were] 'so manifestly unsupported by or inconsistent with the competent, relevant …
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… need only determine whether the zoning board's decision was supported by the record, as established during the hearings, … sound. The trial court's reliance on Polillo is firmly supported by the record. Polillo held the OPMA requires … action as the Supreme Court did in Polillo. The record supported the court's finding that Coffee Associates called …
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… determined the presence of a weapon may be sufficient to support the provocation requirement, while harsh words and … no reason to disturb Judge Rodriguez's well-supported determination that defendant's IAC claim regarding trial … of a prima facie case in support of [PCR], a determination by the court that there are material issues of …
default
… Our scope of review of an administrative agency's final determination is limited." Capital Health Sys. v. N.J. Dep't … 158 N.J. 644, 656 (1999). We will not upset the ultimate determination of an agency unless it is shown it was … "'[W]here there is substantial evidence in the record to support more than one regulatory conclusion, it is the …
default
… Finding no abuse of discretion in the motion judge's determinations, we affirm. The following facts are taken from … the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … courts should reverse only when the trial court's determination is 'so clearly mistaken that the interests of …
default
… for the limestone damage, particularly in the absence of supporting expert testimony addressing the sources and … enhances the deference we should afford the judge's determinations, since the judge heard all of plaintiff's … A-2875-16T1 III. Plaintiffs also appeal the trial court's determination that the insurance policy they procured from …
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… also seeks reversal of the counsel fee, because it was not supported by an affidavit of services and exceeded the flat … of the factual and legal bases for discretionary determinations made on such motions is expected. R. 1:7-4(a); … the commonality and propriety of affirming a valid determination entered on an erroneous basis); Castriota, …
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… Defendants-Appellants. _______________________________ CHILDREN OF DAVID FEINER, Intervenors-Respondents. … now appeal, challenging a host of the trial judge's determinations and claiming that his evidential and legal … undue influence, because the evidence was insufficient to support such a finding. Defendants also assert that the …
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… was sixty-one, and defendant was fifty. They had no children between them, though both had children from prior … uncontested. We discern no error in the court's determination that plaintiff's accounts became marital assets … the court's allocation. Other statutory factors are supportive. For example, N.J.S.A. 2A:34-23.1(c) requires the …
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… VIOLATED: THE AFFIDAVIT CONTAINED INADEQUATE INFORMATION TO SUPPORT PROBABLE CAUSE, AND IT CONTAINED INTENTIONALLY OR … There must "be a rational basis in the evidence to support a charge on that included offense." State v. … and Andino incredible. The trial court's credibility determinations are amply supported by the record. We thus …
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… defense counsel's motion. This Court should remand for a determination, based on admissible evidence, of any … that a violation by Niraj would bar abatement. Final determinations made by the trial court "premised on the … judge unless we are convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant …
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… for 9 A-4084-13T2 curriculum; and had substantial community support. The experts noted that the two current high schools … to be 'arbitrary, capricious, or unreasonable, or [] not supported by substantial credible evidence in the record as … (2) whether the record contains substantial evidence to support the findings on which the agency based its action; …