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… claims if a defendant presents a prima facie claim in support of post-conviction relief. Preciose, 129 N.J. at … on appeal does he identify any evidence in the trial record supporting the justification of self- defense under N.J.S.A. … A-2008-16T1 swinging the board again. There is no evidence supporting an actual , honest, reasonable belief by …
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… January 25, 2017 summary judgment orders. The motion was supported by Latronica's certification, and sought relief … v. Little, 135 N.J. 274, 283 (1994). A trial court's determination under Rule 4:50-1 is entitled to substantial 9 … and we discern no basis to disturb the trial court's determination. Affirmed. … SYLVESTRE ROMERO VS. K. HOVNANIAN …
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… A trial court's findings of fact are binding on appeal if supported by "adequate, substantial, and credible evidence." … trial "should not be disturbed unless they are so wholly insupportable as to result in a denial of justice." Id. at … Unless the trial judge's findings are "so manifestly unsupported or inconsistent with the competent, reasonably …
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… April 20, 2018 2 A-1064-16T1 E.W. appeals from a final determination of the School Employees' Benefits Commission … of [E.W.'s] receipt of Horizon's final adverse benefit determination." In a letter dated July 27, 2015, the … (2) whether the record contains substantial evidence to support the findings on which the agency based its action; …
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… had no medical expert and that he needed such an expert to support causation between the alleged negligence in allowing … may offer testimony from his or her treating physician to support a claim for negligence. Our Supreme Court has held … for him to go to the hospital. The hospital records support plaintiff's contention that he had at least a knee …
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… findings of the trial court so long as those findings are supported by sufficient evidence in the record.'" State v. … would entail an excessive hardship on defendant's children. N.J.S.A. 2C:44- 1(b)(11). "The sentencing court is … that imprisonment would impose an excessive hardship on her children because her husband had abandoned them and fled the …
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… and allowed his substantive claims to be heard. In support of its position, plaintiff relied primarily on our … N.J. Super. 453 (App. Div. 2001), and argued, as he had in support of his motion to reinstate the complaint, that he … v. Little, 135 N.J. 274, 283 (1994). A trial court's determination under Rule 4:50-1 is entitled to substantial …
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… that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." Id. … order pursuant to the PDVA, the judge must make two determinations. Silver v. Silver, 387 N.J. Super. 112, 125 … v. Peranio, 280 N.J. Super. 47, 54 (App. Div. 1995). The determination of whether such an order should be issued must …
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… received written notification of OCCO's July 29, 2016 determination until March 20, 2017, when her counsel made a … and March 29, 2017 for a fair hearing to challenge OCCO's determination that H.T. was clinically ineligible for the … to be "arbitrary, capricious, or unreasonable, or . . . not supported by substantial credible evidence in the record as …
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… Prison (NJSP), appeals from the September 28, 2016 final determination of the Department of Corrections (DOC) … decision is arbitrary, capricious, or unreasonable, or unsupported by substantial credible evidence in the record as … to support the agency's conclusions). "[A]lthough the determination of an administrative agency is entitled to …
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… whole, respondent asserts some of the JOC's findings are unsupported by the record. Respondent also argues petitioner's … must be accorded the factual findings and legal determinations made by the [JOC] unless they are 'manifestly … in petitioner's partial permanent disability. That determination, however, is well within the expertise of a JOC, …
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… or speculative. Defendant does not set forth any facts to support his claims, and, therefore, defendant's submission … point to a single decision by the [c]ourt that was not supported by applicable legal standards." Judge Delaney … assertions" of deficient performance are insufficient to support a PCR application. State v. Cummings, 321 N.J. …
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… and plaintiff may now proceed toward final judgment," and supported that assertion with the letters attached to his … lifted, but the letters attached to his reply certification supported that conclusion. The letters indicated the … it would not provide loan modification assistance. This supported the initial certification by US Bank's counsel …
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… A-4784-15T4 D. [MATCHAPONIX AND NCV] PROVIDE NO EVIDENTIARY SUPPORT OF WHAT THEIR EXPECTATIONS WERE. E. THE SUBSIDENCE … 419 (2008). We review de novo the trial court's legal determinations, including its construction of an insurance … Despite our finding as to the issue of ambiguity, our determination as to whether the exclusionary language should …
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… his case to a three-member panel for the separate determination of a FET outside of administrative guidelines. … if "arbitrary, capricious or unreasonable, or [if] not 'supported by substantial credible evidence in the record as … of the "essentially factual nature" of the Board's determination that an inmate is substantially likely to …
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… to admissibility is satisfied by evidence sufficient to support a finding that the matter is what its proponent claims." N.J.R.E. 901. "The determination of whether the State sufficiently established … committed to the discretion of the trial judge, and his determination will not be overturned in the absence of a …
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… deposition and extend discovery. The certification in support of the motion stated that defendant had noticed the … 2017, defendant cross-moved to compel plaintiff's IME.2 The supporting certification demonstrated plaintiff failed to … beyond what is necessary and required for a just determination of the merits of the complaint. Such delays …
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… that case, Vitale carelessly drove his car and struck two children who died from their injuries. Vitale, 447 U.S. at … Constitution. Id. at 421. The matter was remanded for a determination of whether Illinois could prove involuntary manslaughter without proving the facts supporting the motor vehicle offense of which Vitale was …
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… ERROR AS THERE WAS INSUFFICIENT EVIDENCE IN THE RECORD TO SUPPORT THE CONVICTION. POINT II [SERGEANT ADE LACKED … was appearing for a custody hearing regarding her two children. When the police arrived, defendant was seen … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
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… whether sufficient credible evidence in the record supports the Law Division's decision." State v. Monaco, 444 … because there was no "articulable and reasonable suspicion" supporting the stop. The Law Division judge concluded that … there was sufficient credible evidence in the record to support the Law Division judge's finding reasonable …