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njcourts.gov
… he had commutation time restored; and (7) his letters of support and accomplished academic degrees. Thereafter, … and found the panel's decision was "based upon a determination that a preponderance of the evidence indicate[d] … meet the standard. Trantino II, 166 N.J. at 197. In its determination of parole eligibility, the Board must consider …
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njcourts.gov
… decision was arbitrary, capricious, or unreasonable and unsupported by substantial credible evidence in the record. … Super. 186, 190 (App. Div. 2010). We will not upset the determination of an administrative agency absent a showing … Div. 1999). Therefore, we may not vacate an agency's determination because of doubts as to its wisdom or because …
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njcourts.gov
… the permanency of a plaintiff's injury must make such a determination through the use of objective medical evidence. … A net opinion is "an expert's bare opinion that has no support in factual evidence or similar data . . . ." Ibid. An expert witness's opinions that are not reasonably supported by the factual record and an explanatory analysis …
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njcourts.gov
… favorable responses. The judge found that defendant did not support his bald assertion with a certification from the … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has … Although defendant attempted to contest the trial judge's determination to permit the statement to be read to the jury …
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njcourts.gov
… and there is sufficient credible evidence in the record to support its findings, we affirm. On March 10, 2010, … capricious, or unreasonable, or . . . lacks fair support in the record." Russo, 206 N.J. at 27 (quoting In re … 575, 588 (1988). Thus, we will not disturb the Board's determination that Smolenski is not entitled to accidental …
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njcourts.gov
… School District (River Dell). We held: The Board's determination was primarily informed by its finding that … the Commissioner of Education reapportion the costs for supporting River Dell. On January 24, 2012, Acting … [A]n appellate court will not upset an agency's ultimate determination unless the agency's decision is shown to have …
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njcourts.gov
… "only upon the establishment of a prima facie case in support of post- conviction relief." R. 3:22-10(b). "A prima … she would have exonerated him was a "bald assertion" unsupported by any "affidavit or certification, or . . . … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the …
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njcourts.gov
… deference and will be left undisturbed so long as they are supported by substantial credible evidence. Reilly v. Weiss, … denied, 249 N.J. 95 (2021). "If the [defendant] 'fails to support his own title, the [plaintiff] will retain … of the attorney. The record is barren of competent proof to support defendants' claim of a conflict of interest. The …
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njcourts.gov
… and "lack[ed] the necessary specificity sufficient to support a prima facie case." Defendant did 3 A-1535-22 not … raised in defendant's supplemental brief either lack support in any known precedent or are misapplications of the … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the …
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njcourts.gov
… is "arbitrary, capricious or unreasonable or . . . not supported by substantial credible evidence in the record as … Sentences, 242 N.J. 357, 390 (2020). "[A]lthough the determination of an administrative agency is entitled to … (2) "whether the record contains substantial evidence to support the findings on which the agency based its action"; …
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njcourts.gov
… capricious, or unreasonable, or that it lacks fair support in the record." Id. at 27-28. We consider: (1) … (2) whether the record contains substantial evidence to support the findings on which the agency based its action; … There was substantial credible evidence in the record to support the finding that she committed the cited prohibited …
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njcourts.gov
… good cause. 5 A-1557-24 II. "Judicial review of agency determinations is limited." Allstars Auto. Grp., Inc. v. N.J. … Servs. Comm'n, 237 N.J. 465, 475 (2019). "An agency's determination on the merits will be sustained unless there is … capricious, or unreasonable, or that it lacks fair support in the record." Saccone v. Bd. of Trs., Police & …
njcourts.gov
… Hamilton. He entered the personal care aisle, where a roof support column was located at the aisle's junction with a … regarding the condition of the mounting straps that supports plaintiff's claim came from Ferguson's post- … differ after "accepting as true all the evidence which supports the position of the party defending against the …
njcourts.gov
… on the standard field sobriety tests was sufficient to support a conviction for DWI. However, he argued the .25 … separate occasions."6 The court found the record did not support defendant's claims the twenty-minute period was … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
njcourts.gov
… plaintiff’s purchases of tobacco products, and that all supporting documentation in this regard was provided to … Conference & Appeals Branch, which upheld the audit determination. Taxation then issued a final determination on August 28, 2014 demanding $359,406.40, the …
njcourts.gov
… a motion for summary judgment under Rule 4:46-2, the determination whether there exists a genuine issue with … 1999) (quoting Brill, supra, 142 N.J. at 541). “[T]he determination [of] whether there exists a genuine issue with … the proper tax assessment of the subject property. In support of his argument that the provisions of UHAC apply, …
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… an excessive award should be remitted to the highest amount supported by the evidence, citing Fertile ex rel. Fertile v. … the inadequate award should be raised to the lowest amount supported by the evidence. It rejected Orientale’s argument … amount, not the highest or lowest amount possible supported by the trial record.” B. Allstate urges this Court …
njcourts.gov
… . . . must the court ‘appraise the testimony, make a determination of true value and fix the assessment.’” … to derive a value for the subject property. However, in support of the replacement cost approach, Sandberg’s expert … can be drawn and the objective market data utilized to support adjustments thereto. At the outset, the court …
njcourts.gov
… housing obligations should be the starting point for a determination of a municipality’s faire share responsibility.” … motion for leave to appeal and reversed the trial court’s determination to address gap need as a new, “separate and … is no fair reading of the Court’s prior decisions that supports disregarding the constitutional obligation to …
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… public purpose assessment would remain integral to the determination of whether tax exemption would apply under … organization that receives, invests and administers private support for Kean University.” The Foundation also manages … on a holistic view of the following facts in reaching its determination, while conceding that no single one standing …