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- A-2460-18T2 Opinionnjcourts.gov… are ordinarily not disturbed unless 'they are so wholly unsupportable as to result in a denial of justice,' and are upheld wherever they are 'supported by adequate, substantial and credible evidence.'" … we conclude that the trial judge's factual findings are supported by sufficient credible evidence, and based on the …
- A-0168-19T1 Opinionnjcourts.gov… policies, is based on factual findings that are not supported by substantial credible evidence, or is arbitrary, … to dismiss the complaint as unripe and premature is supported by the plain language of N.J.S.A. 47:1A-6 because, …
- A-2859-18T4 Opinionnjcourts.gov… findings of the trial court so long as those findings are supported by sufficient evidence in the record." State v. … with the destruction of the testimony recording in support of the search warrant. And, we do note that …
- A-1157-18T2 Opinionnjcourts.gov… Scope of Review The scope of our review of a final agency determination by PERC is limited. City of Jersey City v. … intent, we apply a deferential standard of review to determinations made by PERC." Ibid. (citing In re Hunterdon … arbitrary, capricious, or unreasonable, the findings lacked support in the evidence, or there was a violation of PERC's …
- A-0900-18T3 Opinionnjcourts.gov… that the trial court's ruling on the speedy trial motion is supported by sufficient, credible evidence in the trial … factual findings will not be disturbed where they are supported by sufficient credible evidence in the record. … v. Oliveri, 336 N.J. Super. 244, 251 (App. Div. 2001). A determination by a trial judge regarding whether defendant was …
- A-1361-17T1/A-4119-17T1 Opinionnjcourts.gov… DIVISION DOCKET NOS. A-1361-17T1 A-4119-17T1 JASON FAIRCHILD, Petitioner-Appellant, v. BOARD OF TRUSTEES, POLICE … 47 (App. Div. 2019), which was issued after the agency's determination, we conclude there is no merit to petitioners' … the bill, which became N.J.S.A. 43:16A-5(3), to support their reading of the statute. The statement …
- A-4016-15T4 Opinionnjcourts.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. …
- A-4135-15T1 Opinionnjcourts.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. …
- A-5346-15T4 Opinionnjcourts.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 …
- A-3452-15T2 Opinionnjcourts.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 …
- A-4677-15T2 Opinionnjcourts.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 …
- A-3940-15T1 Opinionnjcourts.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 …
- A-1726-15T4 Opinionnjcourts.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. … a1726-15.pdf … A-1726-15T4 …
- A-5357-14T2 Opinionnjcourts.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, …
- A-1865-15T1 Opinionnjcourts.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 …
- A-0143-16T1 Opinionnjcourts.gov… physical characteristics" between Scott and defendant to support defendant's claim of misidentification. On March 24, … "Monique and Carl Blanchard were witnesses that would've supported that." According to PCR counsel, Stuckey being … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has …
- A-4526-15T1 Opinionnjcourts.gov… TRIAL COURT OR CONDEMI GOING TO CREDIBILITY AND REQUIRING DETERMINATION BY A FACT-FINDER AS TO WHETHER CONDEMI … BASIS FOR LIABILITY IS ONE THAT REQUIRES A FACT-FINDING DETERMINATION AS TO BAUTISTA'S CONTENTION THAT CONDEMI … Super. 229, 233 (App. Div. 1995) ("[E]vidence submitted in support of a motion for summary judgment must be …
- A-2276-15T1 Opinionnjcourts.gov… and costs." 6 A-2276-15T1 (1995). When reviewing such determinations on appeal, "a trial court's interpretation of … (Winter 2001)).] Plaintiff failed to provide evidence to support his claim of predatory lending under the CFA. … 1:4-8, was deficient, and the motion judge's fee sanction determination was excessive. We disagree. 6 According to …
- A-2188-15T4 Opinionnjcourts.gov… Board's purchase of insurance. There is simply no textual support for that interpretation. Under the contract's plain … or personal injury). The Board's claim also finds no support in the contract's waiver of subrogation provisions, …
- A-2556-16T3 Opinionnjcourts.gov… defense under the Gun Amnesty Law, L. 2013, c. 117. With no supporting certification, defendant asserted in his pro se … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the …