njcourts.gov
… legal principles. "Appellate review of an agency's determination is limited in scope." Circus Liquors, Inc. v. … ordinarily should not disturb an administrative agency's determinations or findings unless there is a clear showing … or 8 A-4431-19 unreasonable; or (3) the decision was not supported by substantial evidence." In re Virtua-West Jersey …
njcourts.gov
… with a motion to suppress when "those findings are supported by sufficient credible evidence in the record." … the officer had at his [or her] command sufficient facts supporting a person of reasonable caution in the belief that … decision. Judge Caulfield's factual findings are amply supported by the record. Her legal 14 A-3748-20 conclusions …
njcourts.gov
… factual findings generally are "binding on appeal when supported by adequate, substantial, credible evidence." … to unconscionability. Delta Funding, 189 N.J. at 39. That determination is fact-sensitive and made on a case-by-case … (reviewing courts shall adopt a trial court's factual determinations when "supported by adequate, substantial and …
njcourts.gov
… arbitrary, capricious, and unreasonable, and is otherwise unsupported by the evidence.1 1 In a related action in lieu of … decision regarding the validity of a local board's determination, 'we are bound by the same standards as was the … than six feet in height, constructed so as to keep out children and trespassers. Such buildings and enclosures …
njcourts.gov
… capricious, or unreasonable, or that it lacks fair support in the record." J.B. v. N.J. State Parole Bd., 229 … "by [an] agency's interpretation of a statute or its determination of a strictly legal issue." Lavezzi v. State, … denying Stein's petition for rulemaking. The Commission's determination that New Jersey's AWS is an intra-state system, …
njcourts.gov
… (3) deferred the issue regarding the lost note to determination on final judgment; 1 The summary judgment order … of a lost note. We acknowledge that contrary holdings supporting defendant's position have been reached by other … 5 The affidavit was attached to her certification in support of plaintiff's motion for summary judgment. …
njcourts.gov
… the facts from the certifications presented by C.P.M. in support of his petition. C.P.M. began dating Stephanie in … time period of the offenses was the "nexus" permitting a determination that the two incidents were closely related in … patterns. The State disputes that the statute directs a determination as to why the crimes were committed. If this …
njcourts.gov
… if the factual allegations are palpably insufficient to support a claim upon which relief can be granted." Ibid. … where the factual allegations are palpably insufficient to support a claim upon which relief can be granted," Rieder v. … under Rule 4:6-2(e). Id. at 40. In reaching that determination, we noted there were "scores of federal and …
njcourts.gov
… organization. Evidence of an ascertainable structure will support an inference that the group engaged in carefully … or highly coordinated criminal activity and thus, will support the conclusion that an enterprise existed. But apart … organization.4 Evidence of an ascertainable structure will support an inference that the group engaged in carefully …
njcourts.gov
… Only then -- with the results of this follow-up analysis supported by a chain of custody -- will the State’s proof of … The rule essentially requires a court to make two determinations: (1) whether “the physical characteristics … otherwise obtained. The Appellate Division affirmed that determination. In light of the federal and state requirements …
njcourts.gov
… further argue that the evidence presented at trial did not support counsel's assertion that plaintiff would experience … will suffer pain for "millions" of minutes has sufficient support in the evidence. The comment was not improper. 14 … presented at trial. The record supports the judge's determination that defendants did not meet the standard for a …
njcourts.gov
… 14, 2015, the Division Director mailed four separate Determination and Demand for Refund notices to Byrne, advising … N.J.S.A. 43:21-16(a)(1). Byrne appealed the Director's determinations to the Appeal Tribunal on September 21, 2015, … earnings conflicted with Monmouth's payroll records. In support, the investigator submitted numerous documentary …
njcourts.gov
… The Kolarsicks and Kenneys did not appeal the Board's determination, and the Kolarsick's did not purchase the … and unreasonable. The court found that variance determinations adhere to the property and are not personal to … of the second application on the merits. Case law supports a contrary conclusion. For example, in Russell, 31 …
njcourts.gov
… a 9mm Ruger out of the left side of defendant's jacket. A childhood acquaintance and friend of defendant, Anthony … the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … However, the court's finding that Calleja was credible is supported by the record and is entitled to deference. …
njcourts.gov
… of deference, the court found ample evidence in the record supports the Board's grant of the variances and its 10 A-3839-16T1 determination that the approvals will not cause substantial … agencies involved." Kramer, 45 N.J. at 296-97. That said, determinations on questions of law in land use matters do not …
njcourts.gov
… assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the … defendant was his own admissions. The State's case was also supported by the testimony of the victim's helper, who … the issues before the PCR court. Rather than remand for a determination of the issues, we exercise our original …
njcourts.gov
… party may obtain a [comparative market analysis (CMA)] to support a listing of the property. If the parties cannot … such party may obtain a comparative market analysis to support a listing of the property. . . . The whole purpose … in a loss or short-sale, such party may obtain a CMA to support a listing of the 11 A-3217-16T2 property. If the …
njcourts.gov
… (1977)). A trial court may overrule a prosecutor's PTI determination only when the circumstances "clearly and … N.J.S.A. 2C:43-12(e)(7), (14), and (17). The record supports the judge's findings. Defendant also argues that … A-0459-16T3 Here, there is sufficient credible evidence to support Judge Bariso's findings on the aggravating and …
njcourts.gov
… light of the applicable law, we affirm the trial court's determination. We do so substantially for the sound reasons … Blackstone affiliates would provide a guaranty or credit support. Upon learning this, PSEG requested in April 2015 … arbitration. PSEG amplified its contentions with various supporting certifications. If the trial court detected any …
njcourts.gov
… bids, 7 there was no violation because there is no evidence supporting the proposition that Defendant conveyed bid … like Penpac, where the court reasoned, “there is no support in law for the premise that a bidder’s unilateral, … “[t]he benefit of all inferences that those facts support.” Baird v. Am. Med. Optics, 155 N.J. 54, 58 (1998). …