-
njcourts.gov
… Chief he was suffering from double pneumonia and supplied a supporting doctor's note. The Chief approved the transfer … did not provide any documentation or expert testimony to support these claims. Defendant subsequently filed a motion … to . . . [d]efendant's motion for summary judgment to support his claim of lost overtime. Plaintiff has no expert …
-
njcourts.gov
… derive the following facts from the evidence submitted in support of, and in opposition to, the summary judgment … interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … and remanded the case for a more-detailed factual determination of the use of the property and the nature of the …
-
njcourts.gov
… ordinarily should not disturb an administrative agency's determinations or findings unless there is a clear showing … capricious, or unreasonable; or (3) the decision was not supported by substantial evidence." In re Application of … of Need, 194 N.J. 413, 422 (2008). "Where . . . the determination is founded upon sufficient credible evidence …
-
njcourts.gov
… did not provide any documentation to Judge Wigler to support his assertion that he was mistaken about his … entered into is entitled to deference so long as that determination is supported by sufficient credible evidence in the record. …
-
njcourts.gov
… 422 (2017). POINT II THE [MOTION JUDGE'S] RULING IS NOT SUPPORTED BY SUFFICIENT, CREDIBLE EVIDENCE IN THE RECORD. … in the cases cited in defendant's merits brief in support of his argument faced similar lengthy parole … Miller decision, and the other cases cited by defendant in support of his reconsideration motion, do not mandate …
-
njcourts.gov
… the DOC's Institutional Classification Committee's (ICC) determination of his objective classification score (OCS) … must not be arbitrary, capricious or unreasonable, or unsupported by credible evidence in the record. Henry v. … 192 N.J. 19, 27–28 (2007)). Our review of agency determinations "is guided by three major inquiries: (1) …
-
njcourts.gov
… responses to defendants' statement of material facts in support of their motion, omitting those facts plaintiff … to the de novo standard of review, and the trial court's determination of such issues is accorded no deference. Kaye v. … the motion court's terse oral decision the bases for its determination to grant defendants' motion. The court failed to …
-
njcourts.gov
… assigned 5 A-1002-18T1 attorneys, received draft briefs in support of the new trial motion for review and comment. In … JCHC failed to demonstrate any genuine disputed facts to support its claim that Mesa breached or abandoned its duty … to perform legal work. The emails upon which JCHC rely in support of this argument were directed to multiple …
-
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 … Co., 35 N.J. 358, 376 (1961)). Further, when reviewing a determination of the NJDOC in a matter involving prisoner …
-
njcourts.gov
… responsible for the shipping costs, and there are no facts supporting an equitable estoppel. I. This appeal arises out … liability for payment of freight charges, there is no support for the proposition that a contract with a broker, … credit regulations). Here, there are no facts to support an equitable estoppel against Direct and Selective. …
-
njcourts.gov
… (Board) decisions dismissing her appeal. A June 14, 2016 determination found that she was ineligible for unemployment … inability to fully understand the June 14, 2016 determination sent to her, based on her limited English … 95 N.J. 235, 245 (1984). "If substantial credible evidence supports an agency's conclusion, a court may not substitute …
-
njcourts.gov
… that he committed "a" predicate offense was not adequate to support his convictions under both N.J.S.A. 2C:39-7(a) … an unjust result" about this. See R. 2:10-2. The record supports that defendant agreed to the stipulation that he … We see no error in the application of this stipulation to support defendant's conviction under both statutes. Indeed, …
-
njcourts.gov
… 1(b), finding that defendant failed to offer facts to support mitigating factors five, six, and nine. Examining … relies on State v. Hess, 207 N.J. 123, 154 (2011), to support the proposition that "failure to present mitigating … N.J. 596, 625 (1990). In sum, the record reveals nothing to support a finding that defense counsel's performance somehow …
-
njcourts.gov
… 1(b), finding that defendant failed to offer facts to support mitigating factors five, six, and nine. Examining … relies on State v. Hess, 207 N.J. 123, 154 (2011), to support the proposition that "failure to present mitigating … N.J. 596, 625 (1990). In sum, the record reveals nothing to support a finding that defense counsel's performance somehow …
-
njcourts.gov
… standard of care. We review de novo a trial court's determination of a motion to dismiss under Rule 4:6-2(e). … "[a]ssisted living" is defined as "a coordinated array of supported personal and health services, available … plaintiff was required to serve an appropriate AOM to support its complaint. The person executing the AOM must …
-
njcourts.gov
… for defendant, and counsel filed an amended petition and supporting certification. Defendant claimed his attorney was … 203, 210 (1985)). The record supports the PCR's court's determination that defendant failed to establish he was denied … in the record to support the PCR court's findings and its determination that defendant had not shown he was denied the …
-
njcourts.gov
… operator, secured facilities," that it "was not supported by substantial credible evidence in the record, as … provides us no basis to interfere in the Commission's determination that the "opening and closing of security doors … of custodial staff. 10 A-1871-18T3 The Commission's determination that the union did not present sufficient …
-
njcourts.gov
… about it." [Id. at 2-4.] Defendant filed a certification in support of his PCR petition alleging ineffective assistance … was "no other independent or corroborating evidence" to support the claim defendant did not receive discovery or had … prior to the commencement of trial. Moreover, the record supports the judge's conclusion the matter was "thoroughly …
-
njcourts.gov
… Lastly, the judge observed: [R]egardless of the ultimate determination as to the legality of the [Terry1] stop, the New … that offense, not during the course of the investigative determination. Therefore, the weapon was lawfully recovered. … namely the handgun." The judge issued a written opinion in support of her decision to grant the motion for …
-
njcourts.gov
… whether sufficient credible evidence in the record supports the Law Division's decision." State v. Monaco, 444 … because there was no "articulable and reasonable suspicion" supporting the stop. We disagree. "Law enforcement officers … we are satisfied there was sufficient credible evidence to support the Law Division judge's finding the officer had a …