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… capricious, or unreasonable, or that it lacks fair support in the record." Russo v. Bd. of Trustees, Police & … by an agency's statutory interpretation or other legal determinations. Ibid. N.J.S.A. 43:15A-43 governs accidental … retirement benefits. Here, the ALJ made credibility determinations after listening to the competing and …
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… Lastly, the judge observed: [R]egardless of the ultimate determination as to the legality of the [Terry1] stop, the New … that offense, not during the course of the investigative determination. Therefore, the weapon was lawfully recovered. … namely the handgun." The judge issued a written opinion in support of her decision to grant the motion for …
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… it's not a violation. The photographs don't seem to support that. The [photographic] evidence . . . admitted . . … there is sufficient credible evidence in the record to support it. State v. Johnson, 42 N.J. 146, 162 (1964). … 474. However, when issues on appeal turn on purely legal determinations, our review is plenary. State v. Adubato, 420 …
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… used for cars. 3 A-0034-21 In John Ketner's certification supporting defendants' motion, he stated the man-door was … light was installed. Plaintiff presented a certification in support of her cross-motion. She stated all of the … findings will be binding on appeal so long as they are supported by "adequate, substantial, credible evidence." …
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… point does not carry the day. No case or rule is cited in support of the proposition. A judge has an obligation to … prepared the case, failed to submit a legal argument to support [plaintiff's] . . . claim and misrepresented the … In other words, specific expert testimony was not needed to support the allegation that the attorney did not work on …
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… Insurance Co., Inc., 79 N.J. 257 (1979) (DiOrio II), support his argument. Plaintiff argues the judge instead … the father could use the vehicle, the Court found ample support that the company-owned car was furnished to the … 1972), we rejected the motion judge's summary judgment determination that the plaintiff bus driver was not furnished …
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… did not provide any documentation to Judge Wigler to support his assertion that he was mistaken about his … entered into is entitled to deference so long as that determination is supported by sufficient credible evidence in the record. …
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… the DOC's Institutional Classification Committee's (ICC) determination of his objective classification score (OCS) … must not be arbitrary, capricious or unreasonable, or unsupported by credible evidence in the record. Henry v. … 192 N.J. 19, 27–28 (2007)). Our review of agency determinations "is guided by three major inquiries: (1) …
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… responses to defendants' statement of material facts in support of their motion, omitting those facts plaintiff … to the de novo standard of review, and the trial court's determination of such issues is accorded no deference. Kaye v. … the motion court's terse oral decision the bases for its determination to grant defendants' motion. The court failed to …
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… has merely put forth – put forth his own evidence to support the contention. He has not provided the Court with an affidavit from [the doctor] or trial counsel to support the contention. Furthermore, even if the Court were … 129 N.J. at 462–63. However, that principle does not support defendant's suggestion that in making an evidentiary …
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… comments by him, his mother, and trial counsel to support his claim that mitigating factors should have been … obtained in prison after his initial sentencing to support his mitigating factors argument is equally without … merit. He has not shown how these accomplishments would support a reasonable probability that his sentence would …
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… operator, secured facilities," that it "was not supported by substantial credible evidence in the record, as … provides us no basis to interfere in the Commission's determination that the "opening and closing of security doors … of custodial staff. 10 A-1871-18T3 The Commission's determination that the union did not present sufficient …
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… 422 (2017). POINT II THE [MOTION JUDGE'S] RULING IS NOT SUPPORTED BY SUFFICIENT, CREDIBLE EVIDENCE IN THE RECORD. … in the cases cited in defendant's merits brief in support of his argument faced similar lengthy parole … Miller decision, and the other cases cited by defendant in support of his reconsideration motion, do not mandate …
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… WOULD HAVE BEEN FOR THE BEQUEST TO GO TO [ANJ] IS NOT SUPPORTED BY ADEQUATE, CREDIBLE, AND SUBSTANTIAL EVIDENCE. … contacts with the national organization, the record supports the conclusion that an ambiguity existed as to … beneficiary was probably intended to be ANJ is well supported by the credible evidence in the record. See id. at …
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… it is "arbitrary, capricious or unreasonable," or is unsupported "by 6 A-0291-18T1 substantial credible evidence in … a single finder of fact receive all the evidence and make determinations based on all of the proofs." Ratti v. Dep't of … evidence as a reasonable mind might accept as adequate to support a conclusion,' and 'evidence furnishing a reasonable …
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… (DOC), appeals from the agency's August 27, 2018 final determination upholding a hearing officer's decision … arbitrary, capricious, or unreasonable, or 8 A-0464-18T1 unsupported by substantial credible evidence in the record as … to support the agency's conclusions). "[A]lthough the determination of an administrative agency is entitled to …
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… judge rejected defendant's argument that the dashcam video supported his contention that Devito did not see the gun … we defer to the findings of fact and credibility determinations of the trial judge, recognizing that he or she … video. We decline to do so. We will defer to the judge's determination that Devito's explanation of his actions was …
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… professional planner testified on behalf of plaintiffs in support of variance relief. The planner testified that … "[a] court should sustain a local zoning board's determination to grant a zoning variance if that board's … capriciously, or unreasonably if its findings of fact in support of [its decision] are not supported by the record, …
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… about it." [Id. at 2-4.] Defendant filed a certification in support of his PCR petition alleging ineffective assistance … was "no other independent or corroborating evidence" to support the claim defendant did not receive discovery or had … prior to the commencement of trial. Moreover, the record supports the judge's conclusion the matter was "thoroughly …
njcourts.gov
… 421 (2004) (citation omitted). We review a PCR court's determination to proceed without an evidentiary hearing for an … only upon the establishment of a prima facie case in support of post-conviction relief, a determination by the court that there are material issues of …