Filters
- A-5201-18T2 Opinionnjcourts.gov… Authority (RT Authority) appeals from a final agency determination by the New Jersey Department of NOT FOR … arbitrary, capricious, or unreasonable in the DEP's determination, we affirm. I. The RT Authority, which is a … capricious, and unreasonable because it lacked factual support and ignored the unique nature of the WW Facility; …
- A-5662-18T2 Opinionnjcourts.gov… held only if a defendant presents "a prima facie claim in support of [PCR]." State v. Preciose, 129 N.J. 451, 462 … brief correspond to the notice of appeal which does not support this or his other factual contentions about trial … objection or filing a motion to withdraw his plea.4 His unsupported claims do not establish a prima facie case. Nor …
- A-4676-18 Opinionnjcourts.gov… of plaintiff's symptoms. The judge concluded the record supported the jury's verdict and found no juror misconduct. … by both sides after discussion and modification." Supporting his decision, he noted "it's not mandatory that … should have taken affirmative steps to make an objective determination of potential prejudice. The right to trial by a …
- A-5118-18T1 Opinionnjcourts.gov… statute survives a substantive due process attack if it is "supported by a conceivable rational basis." Ibid. (citations … fits within this statute. Moreover, the pertinent facts supporting our conclusion were established when defendant …
- A-0030-19T1 Opinionnjcourts.gov… the following arguments: POINT I BECAUSE THE AFFIDAVIT IN SUPPORT OF THE SEARCH WARRANT WAS NOT BASED ON PROBABLE … 61 N.J. 83, 87 (1972)). Courts must base a probable cause determination on the totality of the circumstances. State v. … we give "substantial deference" to the trial court's determination. State v. Kasabucki, 52 N.J. 110, 117 (1968). …
- A-1151-18T2 Opinionnjcourts.gov… voting. She also found no evidence in the record to support plaintiffs' contention that the voting constituted … meetings. Put simply, plaintiffs provide no authority to support their argument that the vote for Item P.23 should …
- A-5482-18T4 Opinionnjcourts.gov… spouse. She asserted a claim based on the loss of Singh's support, society, services, and consortium. 3 A-5482-18T4 … R. 4:46-2(c). Here, the facts material to the coverage determination are not in dispute. The interpretation of an … that accompanied the enactment of N.J.S.A. 17:28-1(f) supports our conclusion that the statute was intended to …
- A-51-13 Opinionnjcourts.gov… the Appellate Division affirmed the trial court’s determination. The panel agreed that defendant had not … a published opinion, the Appellate Division affirmed the determination of the trial court. Gaskill v. Citi Mortg., … raised by this appeal and accordingly find that it does not support plaintiffs’ argument. In Judd, the Third Circuit did …
- A-16/17-13 Opinionnjcourts.gov… underscores the deference afforded to the Division’s determinations in tax matters, it concurs with the conclusion … of the experience, knowledge and education of the taxpayer” supports a finding of “reasonable cause.” N.J.A.C. 18:2- … 50, 54. The Appellate Division affirmed the Tax Court’s determination with respect to the late payment and tax amnesty …
- njcourts.gov… the selling price of real property involved in a judicial determination of its assessed value is usually a guiding … information and applied it accordingly. The argument in support of the Municipality’s motion to vacate is that: 1) … have proceeded to trial. The Municipality cites no law in support of their argument, and the court knows of none. …
- A-3549-16T4 Opinionnjcourts.gov… beyond a reasonable doubt." Notwithstanding the BCPO's determination, on February 2, 2017, the municipal court judge … charges in the absence of sufficient admissible evidence to support a conviction." [citation omitted.] This appeal … FACP's decision not to pursue a prosecution because the determination "was tainted by the conflict [Brennan is …
- A-4677-16T3 Opinionnjcourts.gov… she acted recklessly. Defendant's admission does, however, support an inference that she was mentally competent at the … committed at SOMC is probative evidence that would support a finding that defendant was mentally competent when …
- A-2853-15T2 Opinionnjcourts.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 …
- A-2075-15T4 Opinionnjcourts.gov… the decision by the Judge of Workers' Compensation (JWC) is supported by sufficient credible evidence in the record, we … 2000). We must defer to the factual findings and legal determinations made by the judge of compensation "unless they are 'manifestly unsupported by or inconsistent with competent relevant and …
- A-2470-18T1 Opinionnjcourts.gov… of alienation and by 2016 had relieved Joel of any and all support obligations for Jennifer based on Sandra having cut … acknowledging it was "[v]ery hard for [it] to make [a] determination as to what's going on here, the dynamics between … position that the plenary guardianship should continue and supported institution of a limited guardianship. Although …
- A-3875-19T4 Opinionnjcourts.gov… stable" with his chronic illness in "[g]ood control." In support of his motion, defendant submitted certain prison … With but a single exception, her findings are amply supported by the record.6 We discern no basis to overturn …
- A-3730-18T1 Opinionnjcourts.gov… and coaches "had given character statements in his support," but the prosecutor failed to consider these … judge found, appears somewhat implausible. The reasons that supported defendant's application included his participation …
- A-1841-18T2 Opinionnjcourts.gov… at deposition that she did so only because one of her children was ill, and she desperately needed to reinstate … to establish that competent, credible evidence existed to support each of the elements of [her] negligence action, … of the agreement, there is nothing in the record to support that the Judiciary would have agreed to such a term …
- A-1203-21 – CAROL L. BARON VS. LISA YOUNGBRODER, ET AL. (F-006485-20, OCEAN COUNTY AND STATEWIDE) Opinionnjcourts.gov… the final judgment. In defendants' certification filed in support of the motion, they sought relief to "allow [them] … relevant to Rule 4:50-1(a) and made "irrelevant" and "unsupported" factual findings. Plaintiff also asserts the … v. Little, 135 N.J. 274, 283 (1994)). A court's determination under Rule 4:50-1 "warrants substantial …
- A-1065-19 – STATE OF NEW JERSEY VS. MELVIN PERALTA (16-01-0036, SOMERSET COUNTY AND STATEWIDE) Opinionnjcourts.gov… he was instructed to report to Ralph Street to provide support to the case agent, Det. Senel. His understanding was … prior to the seizure of evidence, and the arrest was unsupported by probable cause. II. In reviewing a motion to … 175 N.J. 502, 511 (2003)). "The principal components of a determination of reasonable suspicion . . . [are] the events …