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njcourts.gov
… arbitrary and capricious. Neither the law nor facts support either of these arguments. Our review of a final … hearing under an abuse of discretion standard. Ibid. "The determination [of] whether [a material and controlling dispute … scored by the same three panels, who based their scoring determinations on pre-established criteria for both the …
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njcourts.gov
… that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." … unless [we are] convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … questions of law and fact, we give deference . . . to the supported factual findings of the trial court, but review de …
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njcourts.gov
… was Hassler who remembered the correct number. The record supports Hassler's identification as reliable. Nothing in the record supports the suggestion that Hassler himself could have been … guidelines. The aggravating and mitigating factors were supported by credible and competent evidence in the record, …
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njcourts.gov
… lived in the house with his girlfriend Deanna, and her children. When Officer Lance spoke to Johnson, he confirmed … we accept a trial court's findings of fact if they are supported by 7 A-3864-17T4 sufficient credible evidence in … Applying these principles, we conclude that the judge's determination that Johnson was too intoxicated to request the …
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njcourts.gov
… counsel's absence from court on that day. There is no support for the assertion in the record, but, more … Co. of Am., 142 N.J. 520, 540 (1995); R. 4:46-2(c)). [A] determination whether there exists a "genuine issue" of … as to the late-added Irizarry would not yield information supporting plaintiff's claims against defendants because …
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njcourts.gov
… in North Brunswick on April 11, 2014. In his affidavit in support of the late claim motion, plaintiff Silver conceded … to file a late notice of claim shall be made upon motion supported by affidavits based upon personal knowledge of the … excused the late filing. Id. at 528. Mendez provides no support for plaintiffs' position in this case. Unlike the …
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njcourts.gov
… "arbitrary, capricious and unreasonable" because it was unsupported by any credible evidence. 3 A-2467-15T1 On appeal, … any benefit of approval, and the court erred in its legal determinations. We conclude that defendant's and intervenors' … (1965)). In our review, we defer to a municipal board's determination. "[Z]oning boards, 'because of their peculiar …
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njcourts.gov
… THE SENTENCING COURT DID NOT CONSIDER MITIGATING FACTORS SUPPORTED BY THE RECORD AND BECAUSE DEFENDANT'S SENTENCE IS … offenses, was 13 A-4142-14T3 excessive because it was not supported by aggravating factors cited by the judge. … identifies and balances the factors and their existence is supported by sufficient credible evidence in the record, …
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njcourts.gov
… or outside promise. The judge further found the plea was supported by a sufficient factual basis. "A trial judge's … is entitled to appellate deference so long as that determination is supported by sufficient credible evidence in the record." …
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njcourts.gov
… SENTENCING FACTORS WERE INCONSISTENT, UNEXPLAINED, AND UNSUPPORTED BY THE RECORD, AND THE SENTENCE WAS BASED ON THE … Were Inconsistent with the Mitigating Factor and Were Unsupported by the Record. B. The Sentencing Court Applied … has held aggravating factors three and nine "involve determinations that go beyond the simple finding of a criminal …
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njcourts.gov
… is entitled to a charge on a lesser included offense supported by the evidence." State v. Short, 131 N.J. 47, 51 … offense included within attempted burglary and, having support in the evidence, should have been charged . . . . … In Short, the Supreme Court held that when evidence would support a conviction of a lesser included offense, but the …
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njcourts.gov
… on the brief). PER CURIAM Petitioner challenges a determination by the Alternate Benefit Program (ABP) … directly related to his position at ECC. Finding no legal support for petitioner's argument, we affirm. I. Petitioner … or its determination of a strictly legal issue.'" Dep't of Children & Families v. T.B., 207 N.J. 294, 302 (2011) …
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njcourts.gov
… motion judge made the following assessment of the evidence supporting plaintiff's cause of action: Doctor Patel is the … must ground his opinion in fact, the opinion's evidential support is not limited to admissible evidence, treatises, or … the established rule that an expert's bare conclusions, unsupported by factual evidence, is inadmissible."). The rule …
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njcourts.gov
… Initially, the parties executed the Performance Assurance Support Services Agreement (PASS Agreement), requiring the … [have been] withheld.'" The trial judge found additional support for his conclusion in the governing law provision of … the arbitration provision, standing alone, might support Schneider's argument that it is mandatory because …
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njcourts.gov
… administration of court rules, resulting in an unjust determination and the needless expenditure and delay caused by … Experts Reports Pursuant to Rule 4:23-5(3)(b) [sic]." They supported the motion with a certification from their … the Court Rules "shall be construed to secure a just determination, simplicity in procedure, fairness in …
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njcourts.gov
… . . . . [N.J.S.A. 47:1A-10 (emphasis added).] This further supports our view that "citizen," as used in N.J.S.A. … as a restrictive term. The purpose and history of OPRA support our construction. OPRA embodies "the State's policy … Bill No. 2003, which was adopted as OPRA, also lends some support for that view, because the Statement referred to …
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njcourts.gov
… discovered evidence obtained in the civil trial, which supported defendant's assert ion that he was not guilty of … Harrison's innocence, nothing on the record in this case supports a conclusion that he is innocent of the charge. 8 … elements of an offense." Id. at 404. If a factual basis to support the guilty plea has not been provided, the "analysis …
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njcourts.gov
… (2019)). "If 3 A-3871-19 the complaint states no claim that supports relief, and discovery will not give rise to such a … in Newark owned by Jabez. In its complaint, MTAG sought a determination of the amount due on its tax sale certificate, a … of their own inaction." Appeal of Twp. of Monroe from Determination of Loc. Fin. Bd., 289 N.J. Super. 138, 147 (App. …
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njcourts.gov
… was a clear hardship under N.J.S.A. 40:55D-70(c)(1) which supported the approval of the variances Baker sought in his … holding that the Board's findings and conclusions were supported by the evidence and were not arbitrary, … THE . . . BOARD'S SUBDIVISION AND THE GRANT OF VARIANCES IS SUPPORTED BY ADEQUATE PROOFS IN THE RECORD. "[W]hen …
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njcourts.gov
… decision was arbitrary, capricious, unreasonable, and unsupported by substantial credible evidence. She also avers that the Board's credibility determinations were unsupported or "directly contradicted by" … year or term." Heidel filed a notice of appeal from that determination and the matter was scheduled for a telephonic …