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… to show cause and subsequently issued a written opinion supporting her January 6, 2020 order.2 After comprehensively … index4 as to items three through seven. 2 The order and supporting opinion were filed January 8, 2020. 3 In Paff v. … OPRA dispute, we defer to the judge's factual findings when supported by adequate, substantial and credible evidence, …
njcourts.gov
… N.J.S.A. 39:3-10.4. 4 A-0484-24 Our review of an agency's determination is limited. See Allstars Auto Grp., Inc. v. … 206 N.J. 14, 27 (2011)). "We will not overturn an agency determination unless it is arbitrary, capricious, or … (2) whether the record contains substantial evidence to support the findings on which the agency based its action; …
njcourts.gov
… in their favor on plaintiff's civil fraud claims. In support of their motion, defendants argued neither EHMS nor … having been presented or developed which could possibly support such assertion. As a result, the court concluded … N.J. 202, 209 (2014). Self-serving assertions that are unsupported by evidence are insufficient to create a genuine …
njcourts.gov
… if the sentencing guidelines are violated, findings are unsupported, or the result shocks the judicial conscience. See … We conclude substantial evidence exists in the record supporting the court's findings and analysis of the … sentence must make specific findings on the record to support its sequencing, including the consequences of such a …
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… because he did not provide an adequate factual basis in support of his guilty plea to second-degree unlawful … of the bullet used in the seized weapon, and we find no support in that portion of the record cited by defendant … cases cited by defendant, all of which we have considered, support defendant's interpretation. We also reject …
njcourts.gov
… 237 N.J. 465, 475 (2019). We will uphold an agency's determination "'unless there is a clear showing that it is … capricious, or unreasonable, or that it lacks fair support in the record.'" Saccone v. Bd. of Trs., Police & … 150, 169 (2011)). Additionally, we defer to credibility determinations because the judge "'hears the case, sees and …
njcourts.gov
… defendants filed a motion to enforce the settlement. In his supporting certification, defendants' 1 The court issued a … upon by the [t]rial [c]ourt were not ripe for judicial determination[,] and the [t]rial [c]ourt entangled itself in … for a clear abuse of discretion and will disturb that determination "only on the rarest [of] occasions." Hansen v. …
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… in the proceedings as possible, preferably on a properly supported motion for summary judgment or dismissal." … Div. 1957)). Thus, we review de novo the trial court's determination that a dismissal is warranted because defendant … call witnesses on her behalf. The facts as alleged do not support a finding that defendants violated plaintiff's …
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… of the factual basis for the plea and the court's determination of aggravating and mitigating factors. We … PLEA OF GUILTY WAS NOT MADE INTELLIGENTLY AND NOT SUPPORTED BY AN ADEQUATE FACTUAL BASIS. A. The Legal … Ordinarily, we defer to the sentencing court's determination, State v. Fuentes, 217 N.J. 57, 70 (2014), and …
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… the Division of Agency Services' (Agency Services) determination that certain Family Service Worker (FSW) … FSW title. The Commission found there was no authority to support CWA's contention that the County was prohibited from … our limited scope of review, we conclude the Commission's determination was not arbitrary, capricious, or unreasonable, …
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njcourts.gov
… is completely out of time without any basis suggesting, supporting any extraordinary circumstances." The judge … rejected Dr. de Stefan's report as an insufficiently supported net opinion and Dr. Nochimson's report as too … provided the objective clinical evidence necessary to support a finding of a permanent injury. See …
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njcourts.gov
… continued reliance on our decision in Suarez for support is misplaced. Suarez did not deal with the issue … regard, he did not consider much of defendants' evidence in support of summary judgment that asserted while plaintiff … he eschewed the opportunity to make specific credibility determinations regarding plaintiff's testimony. However, "[t]o …
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njcourts.gov
… in Judge James J. DeLuca's comprehensive written decisions supporting each of his rulings. The judge extensively … of these entities. Judge DeLuca also found the lease was supported by adequate consideration. "Consideration is the … by 13 A-0893-20 the trial court are binding on appeal when supported by adequate, substantial, credible evidence." …
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njcourts.gov
… to show cause and subsequently issued a written opinion supporting her January 6, 2020 order.2 After comprehensively … index4 as to items three through seven. 2 The order and supporting opinion were filed January 8, 2020. 3 In Paff v. … OPRA dispute, we defer to the judge's factual findings when supported by adequate, substantial and credible evidence, …
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njcourts.gov
… Division of Unemployment Insurance (Division) issued a determination reducing his weekly benefit from $713 to zero … On July 31, 2020, Fox appealed the Division's offset determination at a telephonic hearing before a New Jersey … only if it is arbitrary, capricious, unreasonable, unsupported by substantial credible evidence as a whole, or …
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njcourts.gov
… evidence, finding the evidence was in equipoise. "Final determinations made by [a] trial court sitting in a non-jury … 'unless we are convinced that they are so manifestly unsupported by[,] or inconsistent with[,] the competent, 9 … 216 N.J. 168, 182 (2013)). A trial court's credibility determinations are also accorded deference because the court …
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njcourts.gov
… ADJUDICATORY HEARING LACK SUBSTANTIAL CREDIBLE EVIDENCE TO SUPPORT THE DECISION OF THE [DEP]. POINT II 1 The … Prison, 81 N.J. 571, 579-80 (1980)). When making that determination, we consider: (1) whether the agency's action … bound by the agency's interpretation of a statute or its determination of a strictly legal issue . . . ." Carter, 191 …
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njcourts.gov
… February 14, 2016, her husband disengaged from her and the children. She testified "[t]hat incident fundamentally … capricious, or unreasonable, or that it lacks fair support in the record." Ibid. The party who challenges the … we will affirm an agency's findings of fact if "supported by adequate, substantial and credible evidence." …
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njcourts.gov
… Court finds the evidence in the record is insufficient to support the conviction, it must issue an order of acquittal. … adjudication. 11 A-4864-15T2 There were no credibility determinations made by the municipal court judge in this case. … to accord any deference to the municipal court judge's determinations. Nor was deference by the Law Division judge …
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njcourts.gov
… issue, but remand for the DOC to provide more detailed support for its decision to apply 481 days in jail credits. … unless it is arbitrary, capricious, or unreasonable, or unsupported by substantial credible evidence in the record. … transcript of defendant's sentence, however, provides no support for his claim, as the sentencing judge clearly …