njcourts.gov
… That April, PCR counsel also filed a memorandum of law in support of the petition, and defendant submitted a letter. … of a prima facie case in support of [PCR], a determination by the court that there are material issues of … be resolved by reference to the existing record, and a determination that an evidentiary hearing is necessary to …
njcourts.gov
… (quoting Brill, 142 N.J. at 529-30). Assertions that are unsupported by evidence "[are] insufficient to create a … rise to the slip and fall or eyewitness testimony may support an inference of constructive notice about the … assertions [in a certification] are not capable of either supporting or defeating summary judgment." Ridge at Back …
njcourts.gov
… boyfriend, who is also the father of one of defendant's children. The officers obtained surveillance video that … charges; rather, she had pled guilty to lesser offenses. In support of that contention, defendant cites K.S., in which … 437 N.J. Super. 555, 564-65 (App. Div. 2014). In support of that conclusion, we noted the Legislature's …
njcourts.gov
… the State provided sufficient evidence in this case to support a guilty verdict and expert testimony was not … decide this issue here as the evidence in this case clearly supports a jury's determination of "guilty" under either standard. 13 A-4924-18 …
njcourts.gov
… is 'arbitrary, capricious, or unreasonable or is not supported by substantial credible evidence in the record as … Office of Interstate Services to the sending state for a determination on how, or if, sanctions shall affect the … Services to 9 A-2100-20 the sending state for a determination on how, or if, sanctions shall affect the …
njcourts.gov
… the record, we conclude that Judge Kravarik's decision is supported by substantial credible evidence and is consistent … Singh, who lived with Chawla and is the father of her two children, was 1 The judge dismissed defendants' counterclaim … denied, 121 N.J. 607 (1990). In reviewing a judge's determination whether to pierce the corporate veil, we are …
njcourts.gov
… injurious to the family members of the deceased." As support for this position, plaintiffs rely substantially on … Hartford, supra, 98 N.J. at 27. Condon, thus, lends no support to plaintiffs' position. Plaintiffs also contend … will not, therefore, "'engage in a strained construction to support the imposition of liability.'" Ibid. (quoting …
njcourts.gov
… of the basis for the claimed SUT refunds, as well as supporting documentation to substantiate the claims. … explain. On May 19, 2019, the Division issued its final determinations on both protests. It granted Solexis's request … a complaint with the Tax Court, challenging these final determinations. They argued they submitted sufficient proofs …
njcourts.gov
… contradictions in her testimony. Her testimony was largely supported by the record and the court feels that she was … we will uphold the PCR court's findings that are supported by sufficient credible evidence in the record." … consultation with Watkins. These findings are amply supported in the record and will not be disturbed. Moreover, …
njcourts.gov
… Initially, we note that WH Associates' claims were not supported by certifications or deposition testimony. … do not constitute certified proof and are insufficient to support a summary judgment order. See Sellers v. Schonfeld, … 90, 102 (App. Div. 2018). There is nothing in the record to support the contention that buildings in Hoboken could not …
njcourts.gov
… is appropriate only when the agency's decision is unsupported by substantial credible evidence in the record as … 382 N.J. Super. at 23-24. Thus, "a prison administrator's determination not to give a prisoner a polygraph 14 A-3047-21 … is discretionary and may be reversed only when that determination is 'arbitrary, capricious or unreasonable.'" Id. …
njcourts.gov
… 2 A-1408-21 PER CURIAM Sean Hart appeals from a final determination of the Board of Trustees (the Board) of the … evidence only and did not make any credibility determinations. From our review of the record, we are … capricious, or unreasonable; or (3) the decision was not supported by substantial evidence." In re Virtua-W. Jersey …
njcourts.gov
… deferential standard and only reverse them if they are not supported by substantial credible evidence. See State v. … not to pursue a direct appeal. Those findings are amply supported by the record. Those findings are also consistent … and one of his co- defendants. Again, those findings are supported by substantial credible evidence developed at the …
njcourts.gov
… findings of the trial court so long as those findings are supported by sufficient evidence in the record.'" State v. … and circumstances presented to an arresting officer would support a person 'of reasonable caution in the belief that … charge. Sufficient credible evidence in the record supports the findings that the officers were "'lawfully …
njcourts.gov
… stop. The stop was precipitated by the police officer's determination that the car in which S.H. was a passenger had … on appellate review, a trial court's factual findings in support of granting or denying a motion to suppress must be … deemed credible by the trial court and that credibility determination is given deference, see State v. Gibson, 218 …
njcourts.gov
… findings in the accompanying written decision were unsupported by the evidence. Alternatively, defendant argues … principles. Because we conclude there is sufficient support in the record to justify the trial judge's decision, … price of the Berwick Property. The couple and their three children lived in the largest of three bedrooms in the …
njcourts.gov
… (PCR) without an evidentiary hearing. Because the record supports the PCR judge's decision, we affirm. I. Between … this is what brought him here. He does have a very strong support system, and given his age, Your Honor, it is my hope … convictions. Defendant also claimed that information supported the application of three mitigating factors. He …
njcourts.gov
… of his driver's license, he failed to produce evidence supporting this allegation. At his deposition, Baratta … 12 A-3560-21 to Baratta, the record simply does not support an inference that the parking enforcement officers … court's conclusion that Baratta failed to produce evidence supporting his claim that the city engaged in a policy, …
njcourts.gov
… to be 'arbitrary, capricious, or unreasonable, or . . . not supported by substantial credible evidence in the record as … of the Commission's conclusion. The Commission's final determination that Beach violated both N.J.S.A. 45:15- 17(e) … properly weighed the Kimmelman factors in their final determination when deciding the monetary penalty imposed. …
njcourts.gov
… Disciplinary Hearing Officer (DHO) determined the evidence supported a determination of guilt, finding Haines "has been sexually … is "arbitrary, capricious or unreasonable," or is unsupported "by substantial credible evidence in the record as …