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… the back yard, nor did he argue that the affidavit in support of the search warrant to search the residence was … review, a trial court's factual findings in 9 A-0362-21 support of granting or denying a motion to suppress must be upheld when 'those findings are supported by sufficient credible evidence in the record.'" …
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… of the record demonstrates the judge's award of fees is supported by sufficient credible evidence, but we remand for … 4:42-9(b). The parties were married in 2010 and had two children. On June 24, 2021, plaintiff filed a domestic … 08 (App. Div. 2007). "We will disturb a trial court's determination on counsel fees only on the 'rarest occasion,' …
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… of Social Services (UCDSS) to make an eligibility determination. For the following reasons, we vacate the … DMAHS stated "there [was] nothing in the record to support a finding that the death of a UCDSS caseworker, the … unreasonable. 8 A-1153-21 A court's review of an agency's determinations is limited. Allstars Auto Grp., Inc. v. N. J. …
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… By contrast, PFRS argues substantial, credible evidence supports the Board's conclusion because Duck's shoulder … administrative agency action is limited"). "An agency's determination on the 5 A-0219-21 merits 'will be sustained … capricious, or unreasonable, or that it lacks fair support in the record.'" Saccone v. Bd. of Trs., Police & …
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… "[F]indings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." … N.J.S.A. 2C:25-29(a)(1) to (6). Id. at 127. Without this determination, we cannot conduct a meaningful review of … her injuries. Therefore, the finding of assault was supported by the evidence and the judge on remand does not …
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… 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 … an erratic manner, nearly causing an accident. The record supports the officer's testimony the occupants' conduct, and …
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… entity from ACH. AHS provides management and back office support to various AristaCare entities throughout 3 … complaint. Defendants filed separate Preliminary Objections supported by affidavits, arguing they lacked sufficient … who was a member of both ACH and AHS, whose affidavits supported all defendants' Preliminary Objections up to that …
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… with two additions. G.M. lives there with his spouse, three children, and father, who is defendant's grandfather. The … 154 N.J. 394, 413 (1998). "We defer to the credibility determinations made by the trial court because the trial judge … present on the property, there is sufficient evidence to support a finding that the communication with G.M. was …
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… On appeal, plaintiff advances the following arguments in support of its claim the judge erred in granting summary … raised this issue. 9 A-3581-22 We agree with the judge's determination defendant did not breach the covenant of good … of "merchandise" under the CFA, we agree with the judge's determination that plaintiff's amended complaint5 and …
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… his testimony or the testimony of unnamed others would have supported a passion provocation defense." Judge Samuel J. … it is hard to see how that anger—even if repeatedly shown—supports defendant's arguments that the verdict should be … we afford deference to a PCR court's factual findings when "supported by sufficient credible evidence in the record." …
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… "[b]are conclusions in the pleadings, without factual support in tendered affidavits, will not defeat a … court impermissibly acted as the trier of fact lacks legal support. Sellers did not represent there were never any … collapsed). Further, if plaintiff's case requires the support of expert testimony, the failure to adduce it will …
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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 & … which to reject the Board's decision adopting the ALJ's determination Grace did not prove he is totally and …
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… Royal administratively appealed the Board panel's determination. He also filed a supplemental appeal asserting a … 199 N.J. 1, 9 (2009)). "Our review of the Parole Board's determination[s] is deferential in light of its expertise in … the decision was arbitrary or unreasonable, lacked credible support in the record, or violated legislative policies." …
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… his claims, including the proof he intended to rely upon to support his claim of ownership of the property, by the newly … contract claim against Frezghi. Plaintiff's arguments lack support in the record. The trial court properly granted West … to overcome his burden at the summary judgment phase is not supported by law. Bald assertions that are conclusive and …
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… regulation. Our judicial review of quasi-judicial agency determinations is limited. Allstars Auto Grp., Inc. v. N.J. … Vehicle Comm'n., 234 N.J. 150, 157 (2018). "An agency's determination on the merits 'will be sustained unless there 7 … capricious, or unreasonable, or that it lacks fair support in the record.'" Saccone v. Bd. of Trs. of the …
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… plaintiffs filed a request to enter default against him. In support of that request, plaintiffs' counsel certified based … the judgment and requested oral argument of his motion. In support of the motion, defendant certified he "was not the … for leave to amend the complaint. In his certification in support of the cross-motion, plaintiff's counsel stated …
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… 175, 179 (App. Div. 2004). "Appellate review of parole determinations 'focuses upon whether the factual findings made … the decision was arbitrary or unreasonable, lacked credible support in the record, or violated legislative policies." … The Board also appropriately considered the panel's determination that Rivera's statements demonstrated …
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… AS ITS REASONING DEFIES LOGIC AND IGNORES FACTS WHICH SUPPORT ACQUITTAL. 3 Defendant was ordered to pay $100 in … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … of innocence and stands convicted—ready to challenge that determination on appeal. [Ibid.] Appellate review of a de novo …
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… policies, is based on factual findings that are not supported by substantial credible evidence, or is arbitrary, … (2) whether the record contains substantial evidence to support the findings on which the agency based its action; … OPRA. See N.J.S.A. 47:1A-7(b). Although the agency's determination regarding the applicability of OPRA is a legal …
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… it as "arbitrary, capricious and/or unreasonable and not supported by credible evidence." Accordingly, the … In re Hermann, 192 N.J. 19, 27 (2007). The “final determination of an administrative agency . . . is entitled to … ordinarily should not disturb an administrative agency's determinations or findings unless there is a clear showing …