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- A-2598-21 Opinionnjcourts.gov… accuracy of that submission, as well as the accuracy of the supporting Daily and Monthly Reports of Operation. g. Shall … New Jersey Transit contracts. ii. Ensure that accurate supporting documentation is submitted with invoices to New … (1995). An appellate court "will not overturn an agency determination unless it is arbitrary, capricious, or …
- A-0896-19 Opinionnjcourts.gov… if so, there must "be a rational basis in the evidence to support a charge on that included offense." State v. … girlfriend, with whom the decedent co-parented five children. The court granted the State's unopposed motions: … at 127. Ordinarily, we defer to the sentencing court's determination, State v. Fuentes, 217 N.J. 57, 70 (2014), and …
- A-4810-18 Opinionnjcourts.gov… statement Olivo provided to new counsel's investigator in support of his motion. In the summary, Olivo claimed he … apartment complex, she may have uncovered information to support the report defendant had received from Olivo that … over the past several months. That information would have supported what defendant claimed he told his counsel — that …
- A-0263-17T1 Opinionnjcourts.gov… to Rule 2:6-2(a)(5), all factual claims on appeal must be supported "by references to the appendix and transcript." … The judge provided the following explanation to support of his decision: Plaintiff also contends that Mayor … 16 N.J. 599, 612 (1954). Zoning boards must make factual determinations based on the record developed before them and …
- A-2333-19 Opinionnjcourts.gov… detention hearing. This fact alone is insufficient to support a finding that A.S. served as a witness within the … trial court's decision, provided that those findings are 'supported by sufficient credible evidence in the record.'" … waived his Miranda rights beyond a reasonable doubt is not supported by sufficient credible evidence. It is apparent …
- A-4473-18T3 Opinionnjcourts.gov… authorized by N.J.S.A. 2C:43-6(b)." 105 N.J. at 419. In support of that declaration, the Court cites State v. … address and make findings under Yarbough supporting its determination whether to impose concurrent or consecutive … defendant's convictions under N.J.S.A. 2C:40-26. In its determination concerning the imposition of probationary terms …
- A-21-14 Opinionnjcourts.gov… of Detective Valladares’s testimony, the affidavit in support of the warrant to search defendant and his … and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly … has the burden to prove ‘that there was no probable cause supporting the issuance of the warrant or that the search …
- 013288-2014 Opinionnjcourts.gov… facts in the movant’s statement which are sufficiently supported will be deemed admitted for purposes of the motion … issued a Notice of Assessment Related to Final Audit Determination for tax years 2006 through 2012 finding … Brill v. Guardian Life Ins. Co. of America, thusly: [T]he determination whether there exists a genuine issue with …
- njcourts.gov… were not sales but a swap with an arbitrary sale price. It supported these arguments with testimony of its assessor and … sales is also reasonable. However, without proof in support of the assessor’s theory (such proof being for … one sale is insufficient to conclude a credible value determination because it cannot reasonably be considered …
- 000852-2018 Opinionnjcourts.gov… intent. Nonetheless, the court cannot reverse the final determination and grant relief to plaintiff without an … pleadings, moving papers, certifications and documents in support of, and in opposition to, the summary judgment … 5 By letter of November 15, 2017, Taxation issued a final determination affirming the additional GIT assessments as …
- A-1682-14T3 Opinionnjcourts.gov… testimony. This crossed the line from suspicion to fact, supported only by the officers' interpretation of the video … cause such a 16 A-1682-14T3 result. "Aid" means to assist, support or supplement the efforts of another. "Agree to aid" … supra, 117 N.J. at 418-19. Factors pertinent in this determination include: (1) "the quantity of intoxicant …
- A-4834-13T2 Opinionnjcourts.gov… 1). We accept those findings of the trial court that "are supported by sufficient credible evidence 10 A-4834-13T2 in … specific variables that a court must consider in making determinations of suggestiveness. Id. at 288-93, 301-02. … reliability of the identification. Id. at 232- 33. In its determination of reliability, a court reviews "the opportunity …
- A-3332-23 Briefs Briefsnjcourts.gov… and self-serving assertions … without explanatory or supporting facts will not defeat a meritorious motion for … (App. Div. 2009). Indeed, “bare conclusions lacking factual support” and “self-serving assertions” alone will not FILED, … the mere happening of an accident, standing alone, will not support an inference of negligence.”). In a premises …
- njcourts.gov… 746 (1989)). Yet, "if the complaint states no claim that supports relief, and discovery will not give rise to such a … the court for good cause orders that the hearing and determination thereof be deferred until the trial." R. 4:6-3. … under Rule 4:6-2(e). A-0315-23 11 Lee relies on Allstate in support of her interpretation of Rule 4:6-2(e). However, …
- A-1262-24 Briefs Briefsnjcourts.gov… “subjective hunch.” Davis, 104 N.J. at 505. The facts supporting the reasonable articulable suspicion cannot occur … 218 N.J. at 428 (citations omitted). "Because the 'determination of reasonable [and articulable] suspicion is … The trial court’s factual findings must be upheld when “supported by sufficient credible evidence in the record.” …
- A-1683-18T4 Opinionnjcourts.gov… following facts from evidence submitted by the parties in support of, and in opposition to, the summary judgment … to plaintiff, the record as a whole simply does not support an inference that defendants' actions constituted … gauzy or merely suspicious' allegations of fact in support of the claim" will not forestall summary judgment …
- A-2457-17T1 Opinionnjcourts.gov… officers in another patrol car were dispatched to support the impending arrest. The four officers approached … defer to the court's factual findings so long as they are "supported by sufficient credible evidence in the record." … possessions there." Thus, there is no factual foundation to support the State's argument that defendant resided there …
- A-2401-18T2 Opinionnjcourts.gov… proceeding issued a final judgment on the merits; (4) the determination of the issue was essential to the prior … by the pleadings or otherwise, and is submitted for determination, and is determined." Allesandra v. Gross, 187 … contract '[w]hen an insurance policy's language fairly supports two meanings, one that favors the insurer, and the …
- A-2099-17T1 Opinionnjcourts.gov… BECAUSE THE COURT FOUND AGGRAVATING FACTORS THAT WERE NOT SUPPORTED BY THE RECORD, INCLUDING ONE THAT WAS REJECTED BY … for thirteen years, defendant and his wife had three children together. A party bus provided round-trip … "if evidence is relevant and necessary to a fair determination of the issues, the admission of the evidence is …
- A-5505-14T1 Opinionnjcourts.gov… "prejudicial" to NJM. From our review, the record does not support these conclusions. We therefore reverse the order … into evidence of an expert's conclusions that are not supported by factual evidence or other data.'" Id. at 53-54 … an expert is required to "'give the why and wherefore' that supports the opinion, 'rather than a mere conclusion.'" Id. …