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- njcourts.gov… filed a letter brief in opposition on April 18, 2016. In support of her motion to amend, plaintiff certified that … motion to amend." Because the court's factual findings are supported by substantial credible evidence in the record, …
- njcourts.gov… for filing their complaint and to supplement the record. In support of their motion, plaintiffs submitted several … N.J.S.A. 40:55D-10(f) and addressing issues not ripe for determination. Because we agree plaintiffs' complaint was … of prerogative writs shall be commenced . . . to review a determination of a planning board or board of adjustment . . . …
- njcourts.gov… ordinarily should not disturb an administrative agency's determinations or findings unless there is a clear showing … capricious, or unreasonable; or (3) the decision was not supported by substantial evidence." In re Virtua-West Jersey … court would come to the same conclusion if the original determination was its to make, but rather whether the …
- njcourts.gov… 21, 2015, plaintiff filed a motion for summary judgment. In support of that motion, plaintiff submitted a certification … had authority to sign the assignment on behalf of MERS. In support of this contention, defendants rely upon what …
- njcourts.gov… DWI defendant need not have actual knowledge of the facts supporting the contentions that underlie his discovery … that the destruction of evidence is overcome by the determination that Officer Henriquez's "credible" testimony … his assertion that the bottles were unopened, lending support to defendant's testimony that he had not been …
- njcourts.gov… had to make 2 Defendant later submitted a certification in support of his motion to vacate the default judgment in … as Judge Hodgson found, nothing in the letter objectively supports this contention. 5 A-3058-17T4 three monthly …
- STATE OF NEW JERSEY VS. CYNTHIA NGUYEN (16-10-1737, MONMOUTH COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… a 'continuing pattern' of anti-social behavior." To support her argument, defendant cites our Supreme Court's … prosecutor's consideration of all other factors is amply supported by the evidence in the record. Affirmed. … STATE …
- njcourts.gov… scope of our review of an administrative agency's final determination is strictly limited. Brady v. Bd. of Review, 152 … applicable law. Ibid. "If the Board's factual findings are supported 'by sufficient credible evidence, courts are … court would come to the same conclusion if the original determination was its to make, but rather whether the …
- njcourts.gov… to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … been drinking. The totality of those circumstances amply supports the officer's probable cause to believe 10 … of alcohol. See Moore, 181 N.J. at 46. We therefore find no support for the argument that defendant's conviction cannot …
- STATE OF NEW JERSEY VS. THOMAS H. OUTLAND (16-02-0107, UNION COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… The judge found that defendant's responses would "not support even remotely a finding that the defendant ha[d] … explained the required state of mind. The circumstances supported a finding of a shared purpose. Therefore, the …
- njcourts.gov… fallen from a truck that had been improperly covered. In support of her claims, plaintiff served defendants with … at 540 (1995); R. 4:46-2(c). However, a trial court's determination that a party is entitled to summary judgment as … will not be defeated by bare conclusions lacking factual support, Petersen v. Twp. of Raritan, 418 N.J. Super. 125, …
- njcourts.gov… frivolous when 'no rational argument can be advanced in its support, or it is not supported by any credible evidence, or it is completely … one of two claims was frivolous does not constitute a determination of "the reasonable attorney's fees and other …
- njcourts.gov… and unreasonable, violated legislative policies and was not supported by credible evidence. He also argues the CRHPA did … agency's summary decision de novo because it is a legal determination. L.A. v. Bd. of Educ. of City of Trenton, 221 … issue." Ibid. (alteration in original) (quoting Dep't of Children & Families, N.J. Div. of Youth & Family Servs. v. …
- njcourts.gov… includes a printout of the location history, which supports the certification. CitiMortgage then maintained … attorney subsequently tendered a certification and supporting documentation purporting to show that defendants …
- STATE OF NEW JERSEY VS. REGINALD V. BROWN (12-05-0090, CAMDEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… or substantive grounds, finding the record "adequately support[ed]" defendant possessed the drugs and guns … his request for an evidentiary hearing. The record amply supports the PCR judge's findings and conclusions. Defendant …
- STATE OF NEW JERSEY VS. STEVEN J. BRIZAK (11-04-0338, CUMBERLAND COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the … PCR courts should grant evidentiary hearings and make a determination on the merits only if the defendant presents a … allegations, including assessments of credibility." These determinations are "best made" through an evidentiary hearing. …
- STATE OF NEW JERSEY VS. PETER PAPASAVVAS (96-06-0823, MIDDLESEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… doubt about his responsibility for the murder. In support of his argument, defendant relies on an uncertified … his 2013 petition. 8 A-4460-17T2 offered no evidence to support his claim he was unable to uncover the victim's …
- njcourts.gov… that allows an applicant for Aid to Families with Dependent Children (AFDC-Medicaid) to obtain an extension of the … another request for a hearing concerning the March 2017 determination. In DMAHS's final decision of November 19, 2018, … to be 'arbitrary, capricious, or unreasonable, or [ ] not supported by substantial credible evidence in the record as …
- njcourts.gov… Here, the idiosyncratic facts of this case overwhelmingly support the judge's conclusion that there was no meeting of … the estate's complaint.4 Affirmed. 4 As a result of our determination, we need not reach the estate's contention that … the one-year limitations period set forth in the provision supports our conclusion that there was no meeting of the …
- njcourts.gov… whether a party waived its arbitration right is a legal determination subject to de novo review[,]" however, "the … Therefore, a common sense reading of the agreement supports plaintiff's obligation to assert her claims in … nursing home or assisted living facility are enforceable if supported by consideration. See also Marmet Health Care …