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… 6 A-2053-19 The letter explained that: The Division's determination is based upon a decision handed down [o]n … WORK SHOULD NOT DISQUALIFY HIM FROM PERS. POINT IV: THE DETERMINATION BY PERS TO INCLUDE [HAMILTON'S] POST-RETIREMENT … capricious, or unreasonable, or that it lacks fair support in the record." Id. at 27-28. Thus, on appeal, our …
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… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … both probable cause and an objective exigency is simply not supported by the record. We accept Detective Souto and other …
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… resolution (the Resolution) denying the application was supported by the evidence and was not arbitrary, capricious, … site is reconcilable with the municipality's legislative determination that the condition should be imposed on all … under a (d)(3) analysis. The Board's findings were fully supported by the record. Plaintiff clearly did not satisfy …
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… of action for slander of title; and the fee award was not supported by the record. The judge tried counts one and two … did not establish a slander of title claim that would support the entry of summary judgment against plaintiff. …
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… contend the certification submitted by the owner in support of the motion to vacate lacks sufficient personal … rescue scam case. Id. at 196-97. III. "The trial court's determination under [Rule 4:50-1] warrants substantial … its odometer had been rolled back. We noted in Romano, "[d]etermination of what constitutes an 'ascertainable loss' …
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… In one sentence in her twelve-page certification in support of her cross-motion, defendant describes plaintiff's … . . . outrageous." In defense counsel's certification in support of the cross-motion, he stated plaintiff's counsel … (quoting Cavallaro, 334 N.J. Super. at 572). Because the determination of whether counsel should be disqualified …
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… I. Morad1 presented the following facts in his affidavit supporting his motion for leave to file a late notice of … 164 N.J. at 123. We review de novo the trial court's determination of an accrual date. Manalapan Realty, LP v. Twp. … circumstances," leaving "for a case-by-case determination . . . whether the reasons given rise to the …
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… and case law." The Board added: Having reached this determination, the Board specifically notes the hangars in … items 'not accompanied by airplanes and the like.'" In support of its application, WPF relied in part on a 2016 … The court rejected WPF's argument because (1) the Board's determination about a variance, absent the bias, is "pure …
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… trial court's decision, provided that those findings are 'supported by sufficient credible evidence in the record.'" … with a de novo review of the trial court's initial determination that the protections of the Statute do not apply … In particular, defendant challenges the trial court's determination that his actions in resisting the pat-down …
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… both parties cite the majority opinion in McNeil-Thomas to support their counterarguments on appeal. In McNeil-Thomas, … See State v. Greene, 242 N.J. 530, 548 (2020). A-4156-19 17 support in prior decisions. See State v. Boston, 469 N.J. …
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… McCann Trainor argued the cause for appellants (Fox Rothschild, LLP, attorneys; Michael J. Malinsky, Christopher C. … disagree. Our review of an administrative agency's final determination is limited. In re Adoption of Amends. to N.E., … is arbitrary, capricious[,] or unreasonable, or is not supported by substantial credible evidence in the record as …
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… that the court admitted evidence during trial that only supported the State's case regarding the conspiracy count … 18 A-0263-20 alleged "flight" to Texas because it did not support an inference of "consciousness of guilt," and …
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… 2022). We also apply de novo review to a trial court's determination on a Rule 4:6-2(e) motion to dismiss for failure … Nor does Cole v. Jersey City Med. Ctr., 215 N.J. 265 (2013) support plaintiffs' waiver argument. In that case, our … A.3d at 132 ("The holding in Rodriguez provides forceful support for the notion that [federal forum selection …
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… a diminished capacity defense at trial, N.J.S.A. 2C:4- 2, supported by the testimony of his expert witness. … credited those instructions. Because the motion record supports the judge's findings, Wright, 444 N.J. Super. at …
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… was trespassing on the property. Both those findings are supported by substantial credible evidence. Consequently, … To the extent that Johnson, Ford, or Wilson can be read to support an argument concerning diminished privacy …
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… of the statement given to the court by Belluscio in support of the search warrant application. Defendant also … substantial, and 16 A-1968-19 the verdict may find strong support in the record; that matters not." Ibid. See State v. …
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… Findings that [Defendant] is Likely to Recidivate Was Unsupported By the Record. [(Partially raised below).] (i) The … to Find Mitigating Factors Eight and Nine Was Otherwise Unsupported. C. The Resentencing Court Erred in Finding and … defendant's conduct was excusable based on the jury's determination that his "conduct was knowing [and] purposeful." …
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… supermarkets strongly opposed the measure. The bill had the support of environmental groups. A bottle bill was … interpretation is not countervailing, but rather supportive of the legislation. To deem manufacturers as …
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… explains that in the event of an adverse benefit determination, the member is afforded rights of appeal through … was not for the Courts "to second-guess that legislative determination." Id. at *9: Accordingly, this court lacks … out-of-network doctors." See Pl.'s Compl. ,i,i 5-9. To support the bad faith claim, plaintiff alleges that …
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… be made available for public inspection. The core principle supporting open court records is transparency – allowing the … this backdrop that the court decides plaintiffs' motion. In support of their request to seal portions of the record, … in making the mathematical calculations and analytical determinations necessary to conclude a true market value of …