njcourts.gov
… filed an administrative appeal from the hearing officer's determination. He argued he did "not have the chance to have … it is arbitrary, capricious[,] or unreasonable or not supported by substantial credible evidence in the record." … sufficient credible evidence supporting the DOC's final determination and its decision was not arbitrary, capricious, …
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… A judge's findings of fact are "binding on appeal when supported by adequate, substantial, credible evidence." Id. … factual findings unless convinced "they are so manifestly unsupported by or inconsistent with the competent, relevant[,] … satisfied that the evidence amply supported the judge's determination that the predicate act of harassment was …
njcourts.gov
… trial judge failed to take a factual basis on the record to support a finding that defendant had committed a predicate … appeal is that Judge Dalton erred in making credibility determinations. We decline to second-guess the factual … concluded her opinion with the observation that, "[t]he children may be grown, and the parties no longer entangled …
njcourts.gov
… In re Stallworth, 208 N.J. 182, 194 (2011). An agency's determination must be sustained "unless there is a clear … capricious, or unreasonable, or that it lacks fair support in the record." Russo v. Bd. of Trs., 1 Several … 192 N.J. 19, 27-28 (2007)). "[I]f substantial evidence supports the agency's decision, 'a court may not substitute …
njcourts.gov
… acquittal. Defense counsel did not present any arguments in support of the motion and relied on the facts as presented … record, the imposition of a fifteen-year sentence is amply supported. Defendant did not deny his status as a persistent … offender. The judge set forth the aggravating factors supporting the sentence imposed, including defendant's …
njcourts.gov
… it is arbitrary, capricious[,] or unreasonable or not supported by substantial credible evidence in the record." … evidence as a reasonable mind might accept as adequate to support a conclusion.'" Figueroa, 414 N.J. Super. at 192 … Gas Co., 35 N.J. 358, 376 (1961)). When reviewing a NJDOC determination that involves prisoner discipline, we engage in …
njcourts.gov
… the DOC's decision was arbitrary, capricious, and not supported by substantial credible evidence. In addition, he … 1, 9 (2009). We will not disturb an administrative agency determination absent a showing the decision was "arbitrary, … Based on our review of the record, petitioner's guilty determination was grounded in substantial and 6 A-5378-17T4 …
njcourts.gov
… capricious, or unreasonable, or that it lacks fair support in the record." In re Herrmann, 192 N.J. 19, 27-28 … 10A:9-3.3(a)(11) (citing N.J.S.A. 2C:44-1(a)(1)). To support its denial, the ICC cited the circumstances of … no merit to this argument. We are satisfied the DOC's determination was not arbitrary or capricious. Its decision …
njcourts.gov
… failed to show how he was prejudiced and failed to provide support for his assertions regarding these possible … hearing only when he "has presented a prima facie [case] in support of [PCR]." State v. Marshall, 148 N.J. 89, 158 … the PCR judge and whether the PCR judge's decision was supported by that record. See State v. Golotta, 178 N.J. …
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njcourts.gov
… A judge's findings of fact are "binding on appeal when supported by adequate, substantial, credible evidence." Id. … factual findings unless convinced "they are so manifestly unsupported by or inconsistent with the competent, relevant[,] … satisfied that the evidence amply supported the judge's determination that the predicate act of harassment was …
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njcourts.gov
… the interpreters will be switching.” ● At this point the Support Interpreter announces on the record: ○ “Your Honor, … everything will become part of the record. d. The support interpreter must keep microphone(s) muted. 16. If it … line may be enabled for this purpose to include a support interpreter or additional LEPs. Ask LEP to MUTE …
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njcourts.gov
… Retirement System Board of Trustees' final administrative determination he is not entitled to receive ordinary … the ALJ's recommendation and reaffirmed the PERS Board's determination petitioner was not entitled to receive ordinary … consider whether there is sufficient credible evidence to support the agency's factual findings. Clowes v. Terminix …
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njcourts.gov
… MITIGATING FACTORS THAT WERE RAISED BY DEFENDANT AND AMPLY SUPPORTED BY THE RECORD. We find insufficient merit in these … really is that [straight] forward. Our review of such a determination is limited. We defer to a judge's factual and credibility determinations when, as here, supported by evidence in the …
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njcourts.gov
… and then connect those findings to the legal conclusions in support of the ruling. See Avelino-Catabran v. Catabran, 445 … 565 (App. Div. 1986)). The failure to advance reasons in support of a judicial decision results in our speculating as … further proceedings. We take no position on the court's determination of the parties' arguments on remand. Reversed …
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njcourts.gov
… OF THE RESTAURANT/BAR UNTIL SPRINGFIELD MAKES ITS DETERMINATION ON THE PROPOSED DEVELOPMENT/USE. Plaintiffs … review is limited to whether the trial court's decision is supported by the record presented at the time of trial. R. … Board's resolution was sufficient, and its credibility determinations are worthy of our deference. See Klug v. …
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njcourts.gov
… a late notice of tort claim. In his affidavit submitted in support of the motion, he claimed an incident occurred on … additional facts in plaintiff's merits brief that are not supported by an affidavit. See N.J.S.A. 59:8- 9. 3 … within the one-year limitation period must file a "motion supported by 4 A-3495-16T2 affidavits based upon personal …
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njcourts.gov
… In re Stallworth, 208 N.J. 182, 194 (2011). An agency's determination must be sustained "unless there is a clear … capricious, or unreasonable, or that it lacks fair support in the record." Russo v. Bd. of Trs., 1 Several … 192 N.J. 19, 27-28 (2007)). "[I]f substantial evidence supports the agency's decision, 'a court may not substitute …
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njcourts.gov
… at the Department of Corrections, or move to Australia. In support of his petition, T.B. presented illegible medical … and any inconsistencies the judge found actually had support in the documentary evidence; and (4) the motion … emotion, and rambled incoherently. We defer to this determination because the motion judge actually observed T.B. …
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njcourts.gov
… trial judge failed to take a factual basis on the record to support a finding that defendant had committed a predicate … appeal is that Judge Dalton erred in making credibility determinations. We decline to second-guess the factual … concluded her opinion with the observation that, "[t]he children may be grown, and the parties no longer entangled …
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njcourts.gov
… consistent with its plain language, and the Department's determination that Hopkins is not eligible for restoration of additional credits is supported by the record and not arbitrary or capricious, we … an agency decision to determine whether the findings are supported by the record, Williams v. Dep't of Corrs., 330 …