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… February 14, 2016, her husband disengaged from her and the children. She testified "[t]hat incident fundamentally … capricious, or unreasonable, or that it lacks fair support in the record." Ibid. The party who challenges the … we will affirm an agency's findings of fact if "supported by adequate, substantial and credible evidence." …
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… Division of Unemployment Insurance (Division) issued a determination reducing his weekly benefit from $713 to zero … On July 31, 2020, Fox appealed the Division's offset determination at a telephonic hearing before a New Jersey … only if it is arbitrary, capricious, unreasonable, unsupported by substantial credible evidence as a whole, or …
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… continued reliance on our decision in Suarez for support is misplaced. Suarez did not deal with the issue … regard, he did not consider much of defendants' evidence in support of summary judgment that asserted while plaintiff … he eschewed the opportunity to make specific credibility determinations regarding plaintiff's testimony. However, "[t]o …
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… hearing. Judge Ravin concluded the trial evidence supported the carjacking conviction as the victim's leg … only when: 1) a defendant establishes a prima facie case in support of PCR, 2) the court determines there are disputed … 2 We disagree as defendant's arguments are factually unsupported by the record and legally meritless. Here, …
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… case." He also noted the Estate had limited evidence to support its contention the transfer of shares from Amratlal … evidence offered at a trial would likely result in a determination that Amratlal's transfer of shares to Bharat was … Estate's interest in the Burlington County litigation. In a supporting certification, the Administrator explained the …
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… . . [the witness], whom provided a handwritten statement in support of this PCR petition, would have testified that at … of the crime when the alleged murder happened. . . . In support of his alibi claim, the defendant provided only a … because he was coerced to waive his right to testify is not supported by the record, it is without merit, and as such, …
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… defendant failed to submit an affidavit or certification to support them. Defendant has yet to explain what exculpatory … OF NEW PCR COUNSEL TO INVESTIGATE AND PRESENT EVIDENCE IN SUPPORT OF HIS PCR PETITION 6 A-2161-19 Because we affirm … be remanded for the appointment of a new PCR counsel. In support of that contention, defendant attributes his failure …
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… 2016. Because there is credible evidence in the record to support the Board's determination that Liu was ineligible for benefits during that … The Division is directed to withhold making an initial determination until "all necessary information" is obtained. …
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… [JOHN] AT PALISADES [CENTER], WHICH WERE RELEVANT TO AND SUPPORTIVE OF DEFENDANT'S SELF-DEFENSE CLAIM. POINT II: … brought the gun; the question is whether this evidence supports defendant's affirmative defense. Defendant … to prove or disprove any fact of consequence to the determination of the action." N.J.R.E. 401; State v. Williams, …
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… consideration. You may not use this testimony in your determination of the defendant's guilt or innocence of these … and that the extended term was mandatory. The record supports the State's claim that defendant knew, prior to the … have been followed, if competent credible evidence supports each finding of fact upon which the judge based the …
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… of a PCR is whether the judge's findings of fact were supported by sufficient credible evidence. State v. … are convinced the trial judge's findings are overwhelmingly supported by the record, including his finding that each of … Id. at 690. There is sufficient evidence in the record to support the denial of a PCR hearing on defendant's Presley …
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… how a pimp "breaks a girl," that evidence was not used to support a promoting prostitution charge; rather, it was used … 417 N.J. Super. 34, 37 n.2 (App. Div. 2010). The same facts support our refutation of defendant's argument that … factor eleven, N.J.S.A. 2C: 44-1(b)(11), but offers no support for his bald assertion that it should have been …
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… "[t]here is nothing in the record to 5 A-3559-17T4 support [M.H.'s] claim of separation." In addition, the ALJ … recommendation. The Director agreed with ALJ Calemmo's determination M.H. failed to provide the information necessary … 234 N.J. at 158 (alteration in original) (quoting Dep't of Children & Families, Div. of Youth & Family Servs. v. T.B., …
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… the Estate's counsel filed a certification of services in support of the Estate's request for attorney's fees and … upkeep of the property until its sale. The judge stated his supporting findings of fact and conclusions of law in a … upon positions that [were] neither factually nor legally supportable." 9 A-1333-17T4 Lipka filed his motion for …
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… into his office to sign some papers, page by page, does not support any manifestation of an intent to waive such rights, … or coercion. Either way, these facts 8 A-2023-19T1 do not support a finding of waiver according to Atalese [v. U.S. … from plaintiff and Mazandarani, and made credibility determinations. In denying the motion to compel arbitration, …
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… ITS ENTIRETY. II. ALJ FRITCH['S] FACTUAL FINDINGS ARE NOT SUPPORTED BY REASONABLY CREDIBLE EVIDENCE IN THE RECORD. … to an "agency's interpretation of a statute or its determination of a strictly legal issue," which is reviewed de … 90 N.J. 550, 561 n.1 (1982). The ALJ made credibility determinations to which we defer. "As a general rule, the …
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… to Rule 1:10-3 to enforce litigant's rights. The motion was supported by a police report stating that on October 18, … by not dismissing Fainman as a defendant; (4) made an unsupported finding that Roe had not verbally issued a permit … interest (not raised below). II. "Our review of '[f]inal determinations made by the trial court sitting in a non-jury …
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… N.J. at 160. A mere claim of prejudice is insufficient to support a motion to sever. State v. Moore, 113 N.J. 239, 274 … petition and another panel of this court affirmed that determination. Id. at 14-18. 10 A-3660-19 (B) In the … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has …
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… OF "NOT GUILTY" ENTERED AS THE FACTUAL RECORD DOES NOT SUPPORT THE LAW DIVISION JUDGE'S DETERMINATION THAT DEFENDANT OPERATED HIS BROTHER'S VEHICLE OR … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
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… because the allegations underlining the petition were not supported by any credible factual basis and were hearsay. In … Prosecutor, 171 N.J. 561, 571 (2002)). Attorney's fees determinations will be disturbed "only on the rarest of … rule, we discern no basis to disturb the motion judge's determination that the inclusion of such a request does not …