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njcourts.gov
… it is arbitrary, capricious or unreasonable[,] or not supported by substantial credible evidence in the record." … bound by the agency's interpretation of a statute or its determination of a strictly legal issue.'" Ibid. (quoting … to S. 2519 1 (Sept. 22, 2020). The Legislature's determination that certain individuals would be awarded PHE …
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njcourts.gov
… noting "the judge's credibility findings were sufficiently supported in the record to be afforded substantial … defendant filed a second PCR petition and moved for a determination of good cause for the assignment of counsel. In … claims involves matters of fact, but the ultimate determination is one of law and . . . '[a] trial court's …
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njcourts.gov
… is 'sufficient credible evidence . . . in the record' to support the trial court's findings." State v. Robertson, 228 … alter concurrent findings of fact and credibility determinations made by two prior courts absent a very obvious …
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njcourts.gov
… We disagree with both these arguments because they are not supported by the record. "Interpretation and construction of …
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njcourts.gov
… 1, 2023, the court entered an order denying the motion supported by a written opinion. The court found defendant …
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njcourts.gov
… that he understood the court could not make a determination on that day regarding whether he would be … PCR counsel subsequently filed a letter brief in further support of defendant's petition. Defendant asserted his …
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njcourts.gov
… MSV status was arbitrary and capricious because it was not supported by clear and convincing evidence, and revocation was not desirable. Our review of parole determinations is limited to whether the Board acted …
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njcourts.gov
… plaintiff's claims for emotional distress, which were unsupported by an expert report and therefore subject to … of that claim. However, we part ways with the court's determination plaintiff needed documentation of a medical … support of a claim for pain and suffering because it is a determination reserved for the jury. "No expert can properly …
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njcourts.gov
… was not needed. The governing law and record do not support either of those arguments, therefore, we reject …
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njcourts.gov
… file a timely certification, courts make a discretionary determination "to choose a response that is proportionate to … its minimal requirement of a treating doctor certification support the conclusions reached by 9 A-0393-23 the motion …
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njcourts.gov
… plaintiff cannot rely on her self-serving assertion to support an equitable estoppel claim. See Fredericks v. …
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njcourts.gov
… trace defendant's allegations rather than just accept her unsupported conclusions. Rather, defendant has left the court … The judge set forth his factual findings and credibility determinations in substantial detail and incorporated those … 289 (1994). We see no reason to disturb Judge Podolnick's determination that defendant has not proved any fraud or …
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njcourts.gov
… and the measurements taken at the site, it [was her] determination that the construction of 138 Park Avenue [was] … joined, contending plaintiff failed to appeal Holtzman's determination to the Board before filing his complaint. On … to show cause and dismissing his complaint with prejudice supported by an oral opinion. It found "plaintiff, having …
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njcourts.gov
… We are bound by the trial court's findings if they are supported by adequate, substantial, credible evidence. G.M., … the present matter, the court did not make the threshold determination of whether defendant set forth a prima facie … to a different Family Part judge, because credibility determinations were made by the trial judge. See Freedman v. …
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njcourts.gov
… David Lande (Lande) appeals from a final administrative determination by the Board of Trustees of the Public … 22, 2024, the Board issued its final administrative determination, which denied Lande's request to purchase … or (4) the findings on which it was based were not supported by substantial, credible evidence in the record." …
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njcourts.gov
… are properly in the Law Division and defendants did not support their motion to dismiss with competent or sufficient …
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njcourts.gov
… after twenty years have passed. Because defendant offers no support for his primary contention he did not have earlier …
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njcourts.gov
… under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." … when a defendant establishes "a prima facie case in support of [PCR]," the court determines that there are … Padilla v. Kentucky, 559 U.S. 356, 372 (2010)). That determination should be "based on evidence, not speculation." …
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njcourts.gov
… a State prison sentence for weapons possession, which supports the reasonable necessity for physically restraining …
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njcourts.gov
… plaintiffs' claim there are genuine issues of material fact supporting a finding 9 A-2450-22 of liability under the …