njcourts.gov
… it is "arbitrary, capricious or unreasonable, or [] not supported by substantial credible evidence in the record as … failed to show her assets were transferred for fair value. Supported by substantial and credible evidence, the …
njcourts.gov
… pat down, and the search incident to defendant's arrest was supported by the requisite levels of either articulable … omitted).] We will "reverse only when the trial court's determination is so clearly mistaken that the interests of … that of others was in danger. Terry, 392 U.S. at 27. The determination is fact sensitive and requires an evaluation of …
njcourts.gov
… arbitrary or there is a lack of substantial evidence to support them." NYT Cable TV v. Borough of Audubon, 230 N.J. … the Tax Court has ruled that the Director cannot base a determination of whether the Unreasonable Exception has been … [D]irector (through general regulation or case-by-case determination) before departing from the general rule of …
njcourts.gov
… defendant's testimony and found the video did not support it. The judge noted the video did not show the 6 … boils down to a disagreement with the courts' credibility determinations. We generally defer "to trial courts' … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
njcourts.gov
… the spring term. The Tribunal affirmed the Deputy's determination, finding as follows. Claimant has worked for … court would come to the same conclusion if the original determination was its to make, but rather whether the … (citation omitted). "If the Board's factual findings are supported 'by sufficient credible evidence, courts are …
njcourts.gov
… 201, 214 (App. Div. 1995), we reversed the trial court's determination that expert testimony was unnecessary. We … claims. We recognize that an AOM is not required to support a breach of contract claim that does not implicate a … defendants breached that standard, an AOM was needed to support plaintiffs' claims. D. Finally, we reject …
njcourts.gov
… sentencing arguments. Our review of sentencing determinations is governed by a highly deferential standard. … "aggravating and mitigating factors are identified [and] supported by competent, credible evidence in the record"). … offenses. Further, defendant's prior drug convictions support the application of the mandatory extended-term …
njcourts.gov
… findings of the trial court so long as those findings are supported by sufficient evidence in the record.'" State v. … articulable basis to stop the Davis vehicle, is legal determination, not a factual one, to which we owe no … of defendant's vehicle was not valid, the judge made no determination relative to the constitutionality of the …
njcourts.gov
… to disposition on the papers. In her affidavit submitted in support of her motion, Quiroga averred that "[she] filed the … BY FAILING TO PROVIDE A WRITTEN OR ORAL OPINION IN SUPPORT OF ITS DECISION TO GRANT SUMMARY JUDGMENT RESULTING … of the rule is to make sure that the court makes its own determination of the matter." In re Tr. Created by Agreement …
njcourts.gov
… Defendant testified to the following factual basis in support of his guilty plea. He admitted to being at a TD … prima facie case in support of post-conviction relief, 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
… The claims were based on the same factual allegations supporting the causes of action the Chancery Division judge … of action based on either the debt or mortgage had no support in the law. The court concluded it would be futile …
njcourts.gov
… elements of comparison”). Market evidence must support any element of comparison that causes “value … cannot “arbitrarily assign a value to the property not supported in the record.” Ibid. (citation and quotation …
njcourts.gov
… noted that defendant failed to provide specific facts to support his ineffective counsel claim. With regard to … prima facie case in support of post-conviction relief, 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
… that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence. … those credibility assessments unless they are manifestly unsupported by the record. Weiss v. I. Zapinsky, Inc., 65 N.J. … the judge's ruling. We are satisfied that the record amply supports the judge's factual and credibility findings. The …
njcourts.gov
… provide the following factual background relative to our determination. Upon a report of citizen complaints that there … to the grounds upon which the PCR petition was based, that supported defendant's conviction. Upon conclusion of that … have been unsuccessful. We agree. Notwithstanding the determination that the argument was procedurally barred, the …
njcourts.gov
… of E.M., but also of an independent witness, both of which supported the jury's guilty verdict. As to defendant's claim … defendant did not set forth a prima facie case in support of his PCR petition. This appeal followed. On … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has …
njcourts.gov
… affirm. Detective John Gartner submitted two affidavits in support of applications for search warrants for defendant's … of that information 'is an essential part of the determination of probable cause.'" Ibid. (quoting State v. … (2012). We review legal issues de novo. Ibid. The record supports the judge's findings. Spagnuolo testified Messer …
njcourts.gov
… 242 N.J. Super. 392, 401 (Ch. Div. 1990). 9 A-5578-15T3 In support of his argument that the judge failed to view the … the parties' exchange of post-mediation documents does not support Berman's contention that the parties agreed to the …
njcourts.gov
… attention to defendant's argument that the 3 In the papers supporting his motion, defendant generally argued the … Mancini, supra, 132 N.J. at 334). "The trial court's determination . . . warrants substantial deference, and should … under Rule 4:50-1(a). The court's denial of the motion was supported by the evidence and its entry of the July 24, 2015 …
njcourts.gov
… operations, but offers no citation to the record to support that such equipment is in fact kept in there and … The court also found that the record failed to support a finding of actual or constructive notice of a …