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… should accept a trial court's findings of fact that are supported by substantial credible evidence." In re Return of … the girlfriend was harassing and concerning, the judge's determination also rested on Esposito's threats to the … findings of fact. The judge's factual findings were supported by substantial credible evidence in the record. …
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… and 4:50-1(b)-(f). Plaintiff submitted a certification in support of the motion in which he contended, among other … [an order] on one of the six specified grounds is a determination left to the sound discretion of the trial court, … Baumann, 95 N.J. at 395. The facts of this case do not support a finding of exceptional circumstances entitling …
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… N.J. Super. 149, 159 (App. Div. 2009). The circumstances supporting a finding of excusable neglect must be … the PCR "petition itself must allege the facts relied on to support the [excusable neglect] claim," State v. Mitchell, …
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… two issues together and relies on the same arguments in support and in the alternative: her March 9, 2022 … purported extraordinary circumstances were insufficient to support leave to file a late notice of tort claim. Separate …
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… to evaluation of whether the trial judge's findings are supported by substantial, credible evidence in the record as … courts owe deference to the trial court's credibility determinations as well because it has 'a better perspective … (2018). One purpose of the juvenile code is "to remove from children committing delinquent acts certain statutory …
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… to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … However, our review of the Law Division judge's legal determinations is plenary. State v. Kuropchak, 221 N.J. 368, … concept of passively allowing something to happen. Case law supports these common notions of "permit" and "suffer" that …
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… the presentation of plaintiff's testimony based on its determination that her testimony was not credible. Because the … woman who steals his money, a bad mother[,] and that her children are bad as well" and as a result "many of her … in the [TRO]," amounted to 7 A-0521-23 "bare allegations unsupported by any documentary evidence," and her responses to …
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… the law." 7 A-1760-22 DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … deference on appeal, and are not overturned if they are supported by 'adequate, substantial and credible evidence.'" …
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… it is "arbitrary, capricious or unreasonable, or [] not supported by substantial credible evidence in the record as … failed to show her assets were transferred for fair value. Supported by substantial and credible evidence, the …
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… filed a letter brief in opposition on April 18, 2016. In support of her motion to amend, plaintiff certified that … motion to amend." Because the court's factual findings are supported by substantial credible evidence in the record, …
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… have not asserted the trial court's findings are unsupported by the motion record. In fact, the Orange defendants cite to the trial court's opinion as support for significant portions of the statement of facts … 142 N.J. 520, 540 (1995); R. 4:46-2(c)). A trial court's determination that a party is entitled to summary judgment as …
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… beyond a reasonable doubt." Notwithstanding the BCPO's determination, on February 2, 2017, the municipal court judge … charges in the absence of sufficient admissible evidence to support a conviction." [citation omitted.] This appeal … FACP's decision not to pursue a prosecution because the determination "was tainted by the conflict [Brennan is …
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… she acted recklessly. Defendant's admission does, however, support an inference that she was mentally competent at the … committed at SOMC is probative evidence that would support a finding that defendant was mentally competent when …
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… ordinarily should not disturb an administrative agency's determinations or findings unless there is a clear showing … capricious, or unreasonable; or (3) the decision was not supported by substantial evidence." In re Virtua-West Jersey … court would come to the same conclusion if the original determination was its to make, but rather whether the …
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… the spring term. The Tribunal affirmed the Deputy's determination, finding as follows. Claimant has worked for … court would come to the same conclusion if the original determination was its to make, but rather whether the … (citation omitted). "If the Board's factual findings are supported 'by sufficient credible evidence, courts are …
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… to disposition on the papers. In her affidavit submitted in support of her motion, Quiroga averred that "[she] filed the … BY FAILING TO PROVIDE A WRITTEN OR ORAL OPINION IN SUPPORT OF ITS DECISION TO GRANT SUMMARY JUDGMENT RESULTING … of the rule is to make sure that the court makes its own determination of the matter." In re Tr. Created by Agreement …
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… findings of the trial court so long as those findings are supported by sufficient evidence in the record.'" State v. … articulable basis to stop the Davis vehicle, is legal determination, not a factual one, to which we owe no … of defendant's vehicle was not valid, the judge made no determination relative to the constitutionality of the …
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… Defendant testified to the following factual basis in support of his guilty plea. He admitted to being at a TD … prima facie case in support of post-conviction relief, a determination by the court that there are material issues of … be resolved by reference to the existing record, and a determination that an evidentiary hearing is necessary to …
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… noted that defendant failed to provide specific facts to support his ineffective counsel claim. With regard to … prima facie case in support of post-conviction relief, a determination by the court that there are material issues of … be resolved by reference to the existing record, and a determination that an evidentiary hearing is necessary to …
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… that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence. … those credibility assessments unless they are manifestly unsupported by the record. Weiss v. I. Zapinsky, Inc., 65 N.J. … the judge's ruling. We are satisfied that the record amply supports the judge's factual and credibility findings. The …