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… erred by concluding an ambiguous agreement is necessary to support mutual mistake. He further contents that, in this case, a mutual mistake of fact supports reformation of the MSA. We reject these …
njcourts.gov
… assistance of counsel. Defendant now appeals that determination. We affirm. We incorporate by reference the … with the certification defendant previously submitted in support of his PCR petition, in which he insisted that he … 668, 690-92 (1984). We accept Judge Blee's well-reasoned determination that defendant proved neither of these two …
njcourts.gov
… to such work." Salas sought review of the deputy's determination by the Appeal Tribunal (tribunal). The tribunal … scope of our review of an administrative agency's final determination is strictly limited. Brady v. Bd. of Review, 152 … (1989)). Therefore, "[i]f the Board's factual findings are supported 'by sufficient credible evidence, courts are …
njcourts.gov
… 199, 205 (App. Div. 1993). We will not disturb a Board's determination unless it is arbitrary, capricious, or unreasonable; it is unsupported by sufficient credible evidence on the record; or … mitigating and aggravating factors when coming to the FET determination, and acted well within its authority in …
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… Foreclosure Act and to substitute M&T Bank as plaintiff. In support of the application, counsel for plaintiff submitted … a request for such an order in its notice of motion, supported by a certification of an officer of M&T Bank …
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… credits; and failed to provide discovery to the court to support a colorable claim of innocence at the time he … witness. "Bald assertions" of fact are insufficient to support a prima facie claim for PCR. State v. Cummings, 321 …
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… PCR court allowed defendant to submit a certification in support of his PCR petition. In defendant's October 19, 2016 … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the …
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… an x-ray revealed that she had fractured her right hip. In support of her negligence claim, plaintiff retained an … as to causation, without offering any evidence to support where, when, or how plaintiff sustained the hip …
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… two, fourteen, and seventeen1 of N.J.S.A. 2C:43-12(e) in support of the decision to deny defendant admission into the … jail time was improper, however, other circumstances supported the State's rejection of defendant's application. …
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… refusal to give a breath sample, N.J.S.A. 39:4-50.4a, which supported the State's position that defendant would not be … alteration in original) (footnote omitted).] As further support that both sections be substantively read together, …
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… PCR petition seeking a new trial. In his written decision supporting the order, the judge recounted the timing of … we will uphold the PCR court's findings that are supported by sufficient credible evidence in the record." …
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… under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." … to the trial court's factual findings . . . 'when supported by adequate, substantial and credible evidence.'" … counsel misadvised him about his plea is a bald assertion unsupported 6 A-1794-20 by any competent evidence. See ibid. …
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… 524, 535 (App. Div. 2004). In reviewing such 6 A-1586-20 determinations, we accept the trial court's fact findings so long as they are supported by substantial credible evidence. In re Return of … denial of O'Farrell's FPIC application. The judge's determination comported with statutory and decisional law. We …
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… argues that "the State presented insufficient evidence to support a finding that W.W. required commitment to the … Thus, there is ample credible evidence in the record to support Judge Freedman's finding. Affirmed. … IN THE MATTER …
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… and defendant Debra Wittik were married in 1982. No children were born of the marriage. However, plaintiff has … later filed a third-party complaint naming Suske, Suske's children, and plaintiff's mother as third-party defendants, … were "being heard simultaneously on August 16, 2019." To support her opposition to plaintiff's motions, defendant …
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… PCR counsel concerning the need for an expert report to support defendant's claim that he had a viable mental health … basis for rejecting those credibility findings, which are supported by substantial credible evidence developed at the …
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… (Emphasis added). Plaintiff cites to no authority in support of this argument and fails to specify how the trial … that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence. …
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… allegation of racial discrimination by [p]laintiff is not supported by evidence, and so it cannot be said [Legg] … a full opportunity to present evidence and arguments in support of his claims. Each judge treated plaintiff in a … proceedings before them. Therefore, we reject plaintiff's unsupported contentions to the contrary. Affirmed. … FERNANDO …
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… assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the … 154[,] 170 [(App. Div. 1999)]. First, [defendant] failed to support his claims by either an affidavit or certification …
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… no response from R.M., on June 6 the Division issued a determination on her November 26, 2018 application, finding … transfer penalty. R.M. did not immediately challenge the determination, but rather she filed a new application for … or unreasonable; or (3) the 5 A-3079-19 decision was not supported by substantial evidence." Ibid. (citing In re …