-
njcourts.gov
… to be 'arbitrary, capricious, or unreasonable, or [ ] not supported by substantial credible evidence in the record as … 17:22A-40(a)(2), (4), (8). There was unrebutted evidence to support the charges that appellant violated the regulations, … default. However, there is nothing in the Act that would support the imposition of the maximum civil penalty just …
-
njcourts.gov
… work authorization and worked steadily. He has three grown children and one grandchild, all United States citizens. In 2018, Gustavo … PCR petition if he or she establishes a prima facie case in support of PCR. To establish a prima facie case, a defendant …
-
njcourts.gov
… under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." … to the trial court's factual findings . . . 'when supported by adequate, substantial and 7 A-1006-18T2 … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the …
-
njcourts.gov
… assistance of counsel. First, his certification in support of PCR alleged his trial counsel provided … only if a defendant establishes a prima facie showing in support of the requested relief. State v. Preciose, 129 N.J. … by these principles, we disagree with the PCR judge's determination that defendant's claims that counsel provided …
-
njcourts.gov
… plaintiff filed a motion for summary judgment. Plaintiff supported its motion with a certification from Karter … essentially argues that: (1) the Nelson certification and supporting documents were inadequate to establish … (2006) (citation omitted). On review, the trial judge's determination will not be disturbed unless it constitutes a …
-
njcourts.gov
… we defer to the trial court's findings of fact where supported by "sufficient evidence in the record." State v. … many sister states, had provided de facto, if not de jure, support for law enforcement to believe that alcohol dissipation in and of itself supported a finding of exigency for a warrantless search of …
-
njcourts.gov
… pleading guilty and continuing through sentencing." In his supporting 4 A-2065-18T2 certification, defendant averred … N.J. Super. at 170. Judge Caulfield's findings are fully supported by the record and her conclusions are consistent … sentence would not have made sense. This finding is amply supported by the record. Moreover, defendant did not appeal …
-
njcourts.gov
… Defendant called the Lakewood retired chief of police in support of his claim. 4 A-5683-16T4 The chief testified, … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … not disturb concurrent findings of fact and credibility determinations. In this case, both courts found the officer's …
-
njcourts.gov
… is "reasonably debatable" if it is "justifiable" or "fully supportable in the record." Policemen's Benevolent Ass'n, … 11 A-4367-17T2 "[S]o long as the contract, as a whole, supports the arbitrator's interpretation, the award will be … Thus, the arbitrator's decision is justifiable and fully supported by the record. We are satisfied the arbitrator did …
-
njcourts.gov
… escaping liability." Id. at 625. Our review of the record supports the motion judge's conclusion the dL defendants are … debts of NLdH. See ibid. 8 A-1878-17T3 The record does not support plaintiff's assertion the dL defendants fraudulently … [N.J.S.A. 25:2-26.] 11 A-1878-17T3 The record does not support the conclusion NLdH transferred its assets to dL, …
-
njcourts.gov
… 3:9-2 and Rule 3:21-1. Defendant argued his plea was not supported by an adequate factual basis and even if it was, … guilty plea because there was an inadequate factual basis supporting his conviction for theft by deception, N.J.S.A. … The court must be satisfied there is a factual basis supporting "every element of the crime charged." Ibid. A …
-
njcourts.gov
… occurred at a night club . . . justif[ied] the relief." In support, Scalzulli submitted a certification in which he made a number of factual assertions to support his argument that he was not properly served. He … to plaintiff's failure to "plead or assert any legal theory supporting [his] personal liability," the default judgment …
-
njcourts.gov
… to prove or disprove any fact of consequence to the determination of the action." On December 19, 2014, defendant … purchased defendant's interest in the Livingston LLC. In support of his summary judgment motion, defendant averred … wife opened a joint bank account in late 2003. In support of this claim, plaintiff submitted a bank statement …
-
njcourts.gov
… action, she challenges as arbitrary and capricious, or as unsupported by the evidence, virtually every material factual … makes similar arguments on appeal. She contends the ALJ's determinations that she disregarded 10 A-3771-13T2 directions … (citation omitted). We will not disturb the CSC's final determination unless it is arbitrary, capricious or …
-
njcourts.gov
… from employment. The CSC issued a final administrative determination in which it "accepted and adopted the Findings … or unreasonable, or that 10 A-2623-14T4 it lacked fair support in the evidence.'" In re Carter, 191 N.J. 474, 482 … that of the agency's when "substantial credible evidence supports [the] agency's conclusion[.]" Greenwood v. State …
-
njcourts.gov
… when a defendant establishes "a prima facie case in support of [PCR]," the court determines that there are … to show that "defendant was right to fear the victim and [support] the defendant's argument that she acted in self- … how the shooting occurred, and by using the mannequin in support of the defense case. The judge noted that in …
-
njcourts.gov
… FET outside of the administrative guidelines was not supported by the record and violated his due process rights. … We disagree. 7 A-4316-14T2 Judicial review of parole determinations is limited to an evaluation of whether the … 126 N.J. 330 (1991). Our review is also limited to a determination of whether the agency's findings could …
-
njcourts.gov
… the trial court's factual findings . . . 'when [they are] supported by adequate, substantial and credible (continued) … more than he was incorrect. We affirmed the court's determination on that precise issue on appeal, finding … upon which Kramer's Rule 1:10-3 motion was based finds no support in the record. Montclair's entry into the agreement, …
-
njcourts.gov
… 2 A-1182-16T2 Petitioner Paul Mattia appeals from a final determination of the Board of Trustees ("Board") of the Police … injuries are the subject of the Board's July 13, 201[5] determination [that Mattia is totally and permanently … is arbitrary, capricious, or unreasonable or lacks fair support in the record." Caminiti v. Bd. of Trs., 431 N.J. …
-
njcourts.gov
… five-and-one-half-year delay in contacting Maradonna "support[ed] a finding that the Division did not act … to the ALJ's decision. The Board issued a final determination adopting the ALJ's factual findings and legal … the following points on appeal: [I.] THE PERS BOARD'S DETERMINATION THAT [MARADONNA] CONTINUED AS AN ACTIVE PERS …