njcourts.gov
… trial because his claim of newly discovered evidence was unsupported by legally competent evidence. Defendant sought … that the court cannot hear a motion unless the motion is supported by "affidavits made on personal knowledge, setting … witnesses). A defendant's claim seeking PCR must be "supported by affidavits or 8 A-1215-14T4 certifications …
njcourts.gov
… "[T]he appropriate standard of appellate review of determinations made in workers' compensation cases . . . is … must be accorded the factual findings and legal determinations made by the Judge of Compensation unless they are 'manifestly unsupported by or inconsistent with competent relevant and …
njcourts.gov
… an ability-to-pay hearing. Our review of sentencing determinations is limited. State v. Roth, 95 N.J. 334, 364-65 … 64 (2014). The court must then "determine which factors are supported by a preponderance of [the] evidence, balance the … balance[d] aggravating and mitigating factors that [were] supported by competent credible evidence in the record." …
njcourts.gov
… away by the time the PCR petition was filed. However, in support of his petition, defendant submitted a certification … [I]f a defendant has presented a prima facie case in support of PCR, an evidentiary hearing generally should be …
njcourts.gov
… defendants filed a cross-motion for summary judgment. In support of its motion, plaintiff provided 4 A-3492-14T3 the … 142 N.J. 520, 540 (1995)); R. 4:46-2(c). A trial court's determination that a party is entitled to summary judgment as … not be defeated by bare conclusions lacking factual support, Petersen v. Twp. of Raritan, 418 N.J. Super. 125, …
njcourts.gov
… only if a defendant establishes a prima facie showing in support of the requested relief. State v. Preciose, 129 N.J. … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the …
njcourts.gov
… court must "accept[] as true all the evidence which supports the position of the party defending against the … we conclude there was sufficient, credible evidence to support a prima facie case that Oval engaged in "unlawful … therefrom, provided a rational basis for the jury's determination whether Oval engaged in deceptive conduct …
njcourts.gov
… 3 teacher and she would be employed as a "science support" teacher. Plaintiff objected to this reassignment, … again changed. In addition to assigning her as a science support teacher, Richards began utilizing her as an in-house …
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njcourts.gov
… In re Stallworth, 208 N.J. 182, 194 (2011). An agency's determination must be sustained "unless there 2 Matthews was … capricious, or unreasonable, or that it lacks fair support in the record." Russo v. Bd. of Trs., Police & … record and find no basis on which to reverse the Board's determination. There is no doubt that Matthews provided …
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njcourts.gov
… addition, the judge found defendant offered no evidence to support his claim the late filing was the result of … when: (1) a defendant establishes a prima facie case in support of PCR; (2) the court determines that there are …
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njcourts.gov
… inquiry is whether plaintiff's allegations, if true, could support a hostile environment claim under the LAD. We find … N.J. at 402. However, the Court also recognized that school children will inevitably engage in teasing and other 7 … from L.W. Here, the comments were not made by school children, or by plaintiff's peers. They were made by police …
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njcourts.gov
… but was five years. The judge concluded the record did not support defendant's claim that "he was promised … plea hearing record and the absence of any certification supporting defendant's contention, the judge determined …
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njcourts.gov
… Defendant avers the trial court's decision is not supported by adequate, credible evidence. Defendant further … occurred." Id. at 125. The trial court should make this determination "in light of the previous history of violence … court's truncated oral decision the rationale for its determination to grant the FRO. The court failed to address …
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njcourts.gov
… should accept a trial court's findings of fact that are supported by substantial credible evidence.'" In re … domestic violence complaints when making his or her determination. F.M., 225 N.J. at 510–11; see also Z.L., 440 … however, the importance of the judge's credibility determinations. For example, the judge rejected Alvarado's …
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njcourts.gov
… 3 teacher and she would be employed as a "science support" teacher. Plaintiff objected to this reassignment, … again changed. In addition to assigning her as a science support teacher, Richards began utilizing her as an in-house …
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njcourts.gov
… court must "accept[] as true all the evidence which supports the position of the party defending against the … we conclude there was sufficient, credible evidence to support a prima facie case that Oval engaged in "unlawful … therefrom, provided a rational basis for the jury's determination whether Oval engaged in deceptive conduct …
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njcourts.gov
… the Presenter and Respondent offered legal memoranda in support of their respective positions, which were considered … reviewing all of the evidence, the Committee made factual determinations, supported by clear and convincing evidence, which form the …
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njcourts.gov
… the ALJ's decision. "Appellate review of an agency's determination is limited in scope." Circus Liquors, Inc. v. … capricious, or unreasonable; or (3) the decision was not supported by substantial evidence." Ibid. (citing In re … bound by an agency's interpretation of a statute or its determination of a strictly legal issue. [If] an agency's …
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njcourts.gov
… is sufficient credible evidence present in the record to support the findings of the Law Division judge, not the … not establish a violation of the charged ordinance. Our determination renders it unnecessary to address defendant's … permit" or any other documentary proof that would have supported defendant's claim of ownership. Our decision also …
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njcourts.gov
… judge's factual findings, "'so long as those findings are supported by sufficient credible evidence in the record.'" … defendant. Here, defendant presented a certification in support of his claims but refused the opportunity to expand …