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- STATE OF NEW JERSEY VS. TIMOTHY MURPHY(95-09-1004, UNION COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… argues in a single point: THE PCR COURT ERRED IN ITS DETERMINATION THAT THE TESTIMONY PRESENTED AT THE EVIDENTIARY … we should not disturb "'the PCR court's findings that are supported by sufficient credible evidence in the record.'" … was more credible than defendant's denial. N.J.R.E. 406(a) supports the PCR court's findings that both counsel "acted …
- STATE OF NEW JERSEY VS. EDARIEL MELENDEZ(08-11-0966, UNION COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the … "he must assert the facts that would have been revealed, 'supported by affidavits or certifications based upon the …
- njcourts.gov… ALJ's initial decision, finding the executive director's determination to call up the preliminary approval was correct … the Commission concluded the executive director's determination was governed by the CMP and not a local … director to call up the municipality's approval. In support of its premise, petitioner relies upon N.J.S.A. …
- HSBC BANK USA, ETC. VS. MICHAEL KEANE(F-019668-12, MONMOUTH COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… defense; plaintiff's proofs were insufficient to support final judgment; plaintiff lacked standing to … in March 2015, well after the deadline expired. We find no support whatsoever in the record for, and decline to … standard. Ibid. 6 A-5346-15T4 "The trial court's determination under [Rule 4:50-1] warrants substantial …
- STATE OF NEW JERSEY VS. JIHAD BASSIT (08-10-3194, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… reasons for failing to contact Moses or use the letter in support of defendant’s motion. [State v. Jihad Bassit, … at the time, he would have made an effort to include it in support of defendant’s motion to withdraw his guilty plea. …
- GEORGE M. THORN VS. BOARD OF REVIEW, ET AL.(BOARD OF REVIEW, DEPARTMENT OF LABOR) - Unpublished Opinionsnjcourts.gov… correct? BUREAU INVESTIGATOR: That's right, if non- fraud determination was made he would have been entitled to the … APPELLANT'S COUNSEL: So the Division bases this determination of fraud solely on Mr. Thorn having pushed … 412 (App. Div. 2014). As long as the Board's decision is supported by sufficient credible evidence in the record and …
- njcourts.gov… no claim for such damages and we find no error in that determination. 9 A-4329-15T4 The motion judge addressed … motion, defendants did nothing more than rely on unsupported allegations. The record does not include a … certification attesting to facts or referencing evidence in support of specific defenses or counterclaims. 10 …
- njcourts.gov… self-serving statement, there is no other evidence in support of his position and the Court will not modify the … to the sound discretion of the trial court, whose determinations will be left undisturbed unless it results from … the allegation of a mutual mistake. The record did not support a mutual mistake with regard to the jewelry and …
- njcourts.gov… and CHRIS OJUGO, Plaintiffs-Respondents, v. HARRIET ROTHSCHILD, Defendant-Appellant. … ___________________________________ HARRIET ROTHSCHILD, Third-Party Plaintiff- Appellant, v. ROYAL DISASTER … reasons, we reject the arguments Rothschild presents in support of reversal. In reviewing the record in light of the …
- IN THE MATTER OF GIOVANI COLON, DEPARTMENT OF CORRECTIONS(CIVIL SERVICE COMMISSION) - Unpublished Opinionsnjcourts.gov… is 'arbitrary, capricious or unreasonable or is not supported by substantial credible evidence in the record as … 550, 578 (1982). In light of the deference owed to such determinations, when reviewing administrative sanctions, "the … of review, we see no basis to interfere with that determination. Affirmed. … IN THE MATTER OF GIOVANI COLON, …
- njcourts.gov… He contends the record lacks sufficient evidence to support either conviction. He further asserts the trial … defendant from communicating with K.O. or their two children in any manner, including indirectly through third … and "[c]ommon sense and experience may inform that determination." Hoffman, supra, 149 N.J. at 577. Nonetheless, …
- CALEDA L. WOODS VS. BOARD OF REVIEW, ET AL. (BOARD OF REVIEW, DEPARTMENT OF LABOR) - Unpublished Opinionsnjcourts.gov… considered appellant's challenges to the Division's determination, during a two-day telephonic hearing.2 Appellant … part-time and "in a struggle," as the single mother of six children, who was trying to pay bills and meet her living … the proofs." Ibid. "If the Board's factual findings are supported 'by sufficient credible evidence, [we] are obliged …
- STATE OF NEW JERSEY VS. PIERRE A. DENEUS(10-06-1382, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… defendant's arguments as to the sufficiency of the evidence supporting defendant's conviction for second-degree witness … that defendant and the victim were of different races to support a claim of cross- racial misidentification, and no …
- IN THE MATTER OF DELINDA HOLMES, PATERSON HOUSING AUTHORITY(CIVIL SERVICE COMMISSION) - Unpublished Opinionsnjcourts.gov… effective March 27, 2010. Respondent appealed this determination, and on January 19, 2011, the Commission denied … 16, 2015, the Commission issued its final administrative determination, which is the subject of the instant appeal, … it is "arbitrary, capricious, or unreasonable, or [] not supported by substantial credible evidence in the record as …
- njcourts.gov… for the injury, Pereira argues that the evidence did not support the judge's findings, she relied upon "incompetent … We "generally give 'substantial deference' to [their] determinations . . . 'considering the proofs as a whole, with … must be accorded . . . unless . . . 'manifestly unsupported by or inconsistent with competent relevant and …
- njcourts.gov… of the CNA. The Township relies on Article XI to support its argument that SOA members are only entitled to … that the award rendered was reasonably debatable was supported by sufficient credible evidence in the record. …
- njcourts.gov… he was entitled. 5 A-4294-14T2 In a certification filed in support of his PCR petition, defendant stated that prior to … second-degree crime to which he was pleading guilty. PCR determinations are guided by the two-prong Strickland/Fritz3 … consisted of. Id. at 556-57. In affirming the PCR judge's determination that a prima facie case had not been …
- KEVIN KOLBECK VS. COUTY OF UNION, ET AL. (L-4765-11, UNION COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… in situations where the plaintiff is required to join or support the political party in power or suffers retaliation for supporting a losing candidate or for failing to engage in …
- njcourts.gov… foreclose. Thus, although the Notice of Appeal and brief in support of appeal 3 A-2846-14T1 on the residence, in favor … default. Rather, he contended that he needed discovery to support his belief that there were genuine issues of … correctly determined that defendant's pleadings were unsupported by credible evidence, therefore she 11 A-2846-14T1 …
- njcourts.gov… judge "credit[ed] the testimony of the witness, which is supported by the internal consistencies of the documents … in favor of defendants." We reject those arguments. Final determinations by a trial court presiding over a non- jury … judge unless we are convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant …