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njcourts.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 …
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njcourts.gov
… Prison (NSP), appeals from the October 17, 2018 final determination of the Department of Corrections (DOC) … to Clarke, although the recording from the cage area supported his version of events, he sought production of the … supports the agency's conclusions). "[A]lthough the determination of an administrative agency is entitled to …
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njcourts.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 …
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njcourts.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 …
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njcourts.gov
… of the trial court, " 'so long as those findings are supported by sufficient credible evidence in the record.'" … out-of-court identifications. The judge's findings were supported by sufficient credible evidence in the record of …
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njcourts.gov
… B. Because The Evidence Was Legally Insufficient To Support Fourth Degree Obstruction, This Court Should Mold … as a mitigating factor. Our review of a sentencing determination is limited. State v. Roth, 95 N.J. 334, 363-65 … of the aggravating and mitigating factors and to find those supported by the evidence.'" Id. at 177 (quoting State 11 …
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njcourts.gov
… to vacate the dismissal and reinstate his complaint. In a supporting certification, plaintiff's counsel certified that … that "they still [did] not have a full set of records supporting the plaintiff's claims, including and most …
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njcourts.gov
… "we will not 'engage in a strained construction to support the imposition of liability' or write a better … v. Brady, 973 F.2d 192 (3d Cir. 1992), a case he cites in support of an argument presented to us for the first time in …
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njcourts.gov
… assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the … explain his legal options." However, the record does not support defendant's contention. During the plea hearing, the …
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njcourts.gov
… W.M. appeals from an April 18, 2017 final agency determination by the Director of the Division of Medical … 18, 2017, the DMAHS Director again reversed the ALJ's determination. The Director noted that "[t]he issue here is … it is "arbitrary, capricious or unreasonable . . . or not supported by the substantial credible evidence in the …
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njcourts.gov
… deference to the trial court's findings of fact that are supported by sufficient credible evidence in the record. … the suppression hearing are well-founded. There is ample support in the record for the judge's finding that defendant … have identified several considerations relevant to the determination, including, most significantly, the temporal …
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njcourts.gov
… brief asserts that the affidavits of service, used to support the entry of default, were invalid because they were … reconsideration motion, plaintiff's manager, Howard Rothschild, certified that plaintiff "came to believe" that Nancy … Id. at 120. Additionally, Nancy's certification in support of the motion to vacate the judgments provided …
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njcourts.gov
… (App. Div. 1957)). "Nonetheless, . . . the essential facts supporting plaintiff's cause of action must be presented in … recognized, a statute of limitations defense is "factual determination on [plaintiffs'] business savvy" — to be … The decision requires more than a simple factual determination; it should be made by a judge and by a judge …
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njcourts.gov
… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … are satisfied that the trial court's findings of fact are supported by sufficient credible evidence and its denial of …
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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. …
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njcourts.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. …
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njcourts.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 …
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njcourts.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 …
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njcourts.gov
… During arbitration, each party provided expert testimony to support its view of the billing dispute. The DRP found NJM … there's no differentiation at all." The DRP's decision "was supported substantially by the factual information given to … III. Finally, plaintiff argues we should remand for a determination of counsel fees. Attorney's fees are allowable …
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njcourts.gov
… of the resident credit. Following a hearing and final determination from the Director, the Tax Court affirmed the … protest, and the Director issued another final determination affirming the 2017 deficiency notice. … as they had in opposition to summary judgment, did not support their positions with legal authority, and merely …