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… We defer to a trial court's factual findings when they are "supported by adequate, substantial and credible evidence." … hear them testify. Ibid. Only when "they are so wholly insupportable as to result in a denial of justice," should we … should accept a trial court's findings of fact that are supported by substantial credible evidence."). Deference is …
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… witnesses. Judge DeLuca made detailed credibility determinations as to each witness and reviewed the written … agreement. On appeal, plaintiffs challenge the judge's determination that the parties had an enforceable oral … the parent company of MFC; and the facts did not support a finding that the parties agreed to all material …
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… and negligence in failing to properly treat [him.]" To support his claim, Hector filed an affidavit of merit … health teaching, health counseling, and provision of care supportive to or restorative of life and well-being, and … 4, 2013 report directly related to the "provision of care supportive to or restorative of life and well-being" and the …
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… in its interpretation of the contract and remand for a determination of the fee award. We reverse the denial of … because the denial was conclusory and not sufficiently supported by factual findings, and we remand for further … denial of plaintiff's fee application and remand for a determination of the fee award consistent with Rendine v. …
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… order was supplemented with a written statement of reasons supporting dismissal. The judge rejected the BOE's rationale … statements and other findings that lacked evidential support in the record). Lastly, pursuant to Rule … 4:69-6(b)(3), a party seeking the court's review of "a determination of a planning board or board of adjustment" must …
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… whether N.J.S.A. 34:15- 95.5 requires a triennial redetermination of petitioners' combined awards of state … and 42 U.S.C. § 424a(d) explicitly states a triennial redetermination is not applicable in states that calculate their … Jersey. Crider concluded that N.J.S.A. 34:15-95.5 did not support a triennial redetermination. He also noted that 42 …
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… no basis for disturbing Judge De La Cruz's well-reasoned determination. "It is well settled that the subject of a … appellants point to three "court rulings," none of which support its contention that the documents it sought were … be included in that meeting. Again, nothing in this order supports appellants' claim that documents concerning the …
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… The State, in turn, argued that probable cause was supported by the sergeant's testimony recounting the "plain … findings from a suppression hearing, so long as they are supported by sufficient credible evidence in the record. … and circumstances presented to the arresting officer would support "a [person] of reasonable caution in the belief that …
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… underlying a trial court's decision so long as they are "supported by sufficient credible evidence in the record." … "cannot provide reasonable and articulable suspicion to support a detention in the first instance." Rosario, 229 … factors, and the absence of mitigating factors, were supported by competent credible evidence. See State v. …
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… facts that you receive. It's up to you to make that final determination. You are the final arbiter of the facts and the … (quoting Papasavvas, 163 N.J. at 625). In making this determination, we consider several factors, including whether … aggravating factors found by the trial court were properly supported by competent evidence in the record. Instead, he …
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… REFERENCE TO THOSE ASPECTS OF THE EVIDENCE AT TRIAL THAT SUPPORTED DEFENDANT'S CONTENTION THAT HE HAD A MENTAL … UNFAIRLY EMPHASIZED IN ITS CHARGE FACTS AND EVIDENCE THAT SUPPORTED ONLY THE STATE'S CONTENTION THAT DEFENDANT DID ACT … IN ITS CHARGE ANY REFERENCE TO THE EVIDENCE AT TRIAL THAT SUPPORTED DEFENDANT'S CLAIM OF MENTAL DISEASE OR 11 …
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… summary judgment. In its statement of undisputed facts in support of its motion, the City discussed the … Motorists Ins. Co., 128 N.J. 188, 197 (1992). "A later determination that the claim against the insured is without … claims. Hebela, 370 N.J. Super. at 274.4 We remand for a determination of those fees. Reversed and remanded. We do not …
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… complaint,3 and remanding the matter to the Board for a "determination as to the nature of the preexisting use, prior … 15, 2017, plaintiffs moved to invalidate the Board's determination that a pre-existing nonconforming use permitted … 610 (App. Div. 1998)). As long as the board's actions are "supported by substantial evidence in the record, [we are] …
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… were not required under Medicaid regulations for a determination of Medicaid eligibility; (2) the CWA's ten-month … ordinarily should not disturb an administrative agency's determinations or 7 A-0433-19 findings unless there is a clear … capricious, or unreasonable; or (3) the decision was not supported by substantial evidence." Ibid. A presumption of …
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… and was subsequently granted maternity leave and a childcare leave of absence, effective February 2 to June 30, … in the school district, finding that Bridgewater-Raritan supported the finding that Parsells did not waive any rights … to be 'arbitrary, capricious, or unreasonable, or [ ] not supported by substantial credible evidence in the record as …
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… courts owe deference to the trial court's credibility determinations as well because it has 'a better perspective … Findings by a trial court "are binding on appeal when supported by adequate, substantial, credible evidence." … in the record. The court made detailed credibility determinations, explaining why it found plaintiff highly …
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… was entered, plaintiff moved to enter default judgment. In support of its requested collection attorney's fees and … entry report[s]" as invoices in making its fee determination. As Dubell has certified the professional entry … 141 N.J. 292, 317 (1995)). Only when a court's fee determination "was based on irrelevant or inappropriate …
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… only upon the establishment of a prima facie case in support of [PCR], a determination by the court that there are material issues of … be resolved by reference to the existing record, and a determination that an evidentiary hearing is necessary to …
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… any findings of (1) a predicate act of domestic violence to support the entry of an FRO; and (2) whether plaintiff … of domestic violence. Id. at 126. "Although this second determination . . . is most often perfunctory and self- 11 … the PDVA. However, she asserts this court can make the determination that she satisfied the act of harassment from …
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… (3) whether the record contains substantial evidence to support the findings on which the agency based its action; … capricious, or unreasonable, or that it lacks fair support in the record." Id. at 27-28. "Deference controls … Authority's reasons for the rejection on this basis were supported by the evidence in the record. We decline any …