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… products because eliminating food groups from the diets of children in order to avoid certain elements may result in … N.J. 246 (2001) (“Discovery 4 is intended to lead to facts supporting or opposing an asserted legal theory; it is not … and the proper labeling, poses a danger that a court’s determination “will be inconsistent with that of other courts …
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… of care. He also sent counsel for plaintiff two emails supporting his opinion that Dr. Braimbridge deviated from …
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… Stampone (Julia). His three-count complaint sought a determination that a partnership existed, and the imposition … Those findings "are considered binding on appeal when supported by adequate, substantial and credible evidence" … approach was either inappropriate or resulted in a final determination that did not fully and fairly consider his …
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… Business Tax due. On December 9, 2015, a final determination of the earlier protest was issued without any … Gross Income Tax obligation falls by the wayside. To support this assertion, William McCormick submits a … the Sales and Use Tax and Corporation Business Tax final determinations issued by the Director. It is also without …
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… assessment which was increased due to the assessor’s determination that the Subject was habitable with new … further evaluation of the evidence to make an independent determination of value. If, however, the presumption of … substantial and competent evidence in the record to support that determination”). Without qualitative and …
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… PER CURIAM The Court considers the Appellate Division’s determination that it was not plain error for the trial court … rather, it must look only to the “existence of evidence to support the lesser included offense [charge].” Id. at 289 …
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… been met." Barboza, 115 N.J. at 422. It does not make "determination[s] based on witness credibility or the feel of … circumstances" and context of the entire colloquy supported this inference. We agree. As we have noted, the … and because the court is sometimes making credibility determinations about witness testimony." Ibid. Unless an abuse …
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… findings in a suppression hearing "when 'those findings are supported by sufficient credible evidence in the record.'" …
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… FOR A HEARING. 9 A-1687-20 In an attempt to provide support for those arguments, defendant filed a motion for … at [the time of sentencing] to 'take into account how children are different, and how those differences counsel …
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… a negotiated sentence within the ordinary range. To support his argument, defendant points to question seven on …
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… is entitled to the benefit of all favorable inferences in support of [his] claim." Bagnana v. Wolfinger, 385 N.J. … 230 (App. Div.), certif. denied, 189 N.J. 104 (2006). [A] determination whether there exists a "genuine issue" of … give credence to defendant's testimony was a credibility determination. In his deposition, defendant asserts that he …
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… in granting summary judgment, and the interest of justice supports reinstating her claims in this matter. More …
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… (App. Div. 2016). We also review de novo a trial court's determination of whether the plaintiff has demonstrated … established 12 A-0279-22 "attorney inadvertence will not support the extraordinary circumstances standard." Palanque, …
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… that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." … was not authorized by her, we disagree with the court's determination that plaintiff failed to prove the allegations …
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… the decision to dismiss Aly as a defendant and the determination that defendants did not violate the Consumer … D'Agostino v. Maldonado, 216 N.J. 168, 182 (2013). Final determinations of a trial court "premised on the testimony of … unless the court's fact-findings are not 14 A-1217-21 "supported by substantial credible evidence" and "would work …
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… as a matter of law." DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … considered for the position of [s]tation [c]ommander," is unsupported. As plaintiff acknowledged, the Superintendent had … Div. 2010)). "PERC has primary jurisdiction to make a determination on the merits of the question of whether the …
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… to provide the Keystone Parties with an Affidavit of Merit supporting its claims. Keystone argues that since 5 …
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… (2013). A PCR court's findings will be upheld if they are supported by sufficient credible evidence in the record. …
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… Therefore, a plain and sensible reading of the statute supports the trial court's oral ruling that "enforcing the …
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… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." …