Filters
- A-0049-17T3 Opinionnjcourts.gov… the Board adopted the ALJ's decision as its final determination in a single sentence, and failed to address … and typing, handwriting reports, filing, and speaking with children's parents. Around 2008, petitioner developed a mild … capricious, or unreasonable; or (3) the decision was not supported by substantial evidence." In re Application of 4 …
- A-1471-15T3/A-4030-15T4 Opinionnjcourts.gov… plaintiff cross-moved for the funds to be released to it, supported by a certification from plaintiff's president, … its construction of a contract, appellate review of that determination is de novo." Manahawkin Convalescent v. O'Neill, … language of the settlement agreement. In the certification supporting defendants' motion, New Vision's president/CEO …
- A-5538-17T1 Opinionnjcourts.gov… for pedestrians." The judge explained that in making that determination, "you have to be able to show when the ice first … interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … N.J. at 529-30). On the other hand, assertions that are unsupported by evidence "[are] insufficient to create a …
- A-1098-16T3 Opinionnjcourts.gov… proof necessary for a conviction. We affirm, finding ample support in the record. I. Patrolman Michael Perkins of the … Johnson, 42 N.J. 146, 161-62 (1964)). Our review of legal determinations is plenary. See State v. Handy, 206 N.J. 39, 45 … while intoxicated. The record provided ample evidence supporting defendant's conviction for DWI. N.J.S.A. …
- njcourts.gov… . . de novo, affording no deference to the trial court 's determination." Pace v. Hamilton Cove, 258 N.J. 82, 95-96 … 116 N.J. at 746). "Nonetheless, 'the essential facts supporting plaintiff's cause of action must be presented in … PERS member backpay). Although we agree with the court's determination plaintiff's complaint failed to establish a …
- A-3546-22 Briefs Briefsnjcourts.govJ-~.se~4 0 I.,- ~,,, …
- njcourts.gov… has not provided this [c]ourt with competent evidence to support her arguments. As such, [p]laintiff has not shown … interpreted the law.'" DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. …
- A-0164-23 – STATE OF NEW JERSEY VS. LUIS A. FIGUEROA (14-08-1256, BERGEN COUNTY AND STATEWIDE) Opinionnjcourts.gov… Because the trial court conducted a thorough and factually supported analysis of the Barker1 factors, we affirm. I. On … N.J. Super. 633, 644 (App. Div. 2021). A trial judge's determination that a defendant's right to a speedy trial was violated will only be reversed if that determination is clearly erroneous. State v. Tsetsekas, 411 …
- njcourts.gov… for a new trial based on newly- discovered evidence. In a supporting certification, defendant claimed he was unaware … found that "[n]ot a scintilla of evidence was presented supporting this wholly self-serving and untimely assertion." … IAC claims involves matters of fact, but the ultimate determination is one of law and . . . '[a] trial court's …
- A-1311-16T1 Opinionnjcourts.gov… to serve them with the required notice of claim. Defendants supported the motion with a certification from Luiggi … undisputed and "[t]he record does not present any facts to support . . . plaintiff's contention that the [Board] or …
- A-0408-22 – JO-MED CONTRACTING CORP. VS. CITY OF LINDEN (L-3288-20, UNION COUNTY AND STATEWIDE) Opinionnjcourts.gov… A-0408-22 On July 13, 2022, Jo-Med filed a certification in support of an award of attorney's fees and costs. On August … contract. Substantial credible evidence in the record supports the judge's judgment in favor of Jo-Med. Indeed, … to perform "in accordance with" the contract is also unsupported. The record 13 A-0408-22 demonstrates no genuine …
- njcourts.gov… process." Sullivan, 403 N.J. Super. at 96. The record supports the trial court's decision to dismiss plaintiff's … be used. The trial court found that there was no good cause supporting plaintiff's requests for a protective order and …
- njcourts.gov… 1, 2020). We briefly set forth the facts material to our determination of defendant's second PCR appeal. On August 30, … offer if he had been aware of his possible exposure was unsupported in the record. At a pretrial hearing, the trial … found defendant's testimony lacked credibility and was not supported by the record. 6 A-3080-21 The State presented the …
- A-3752-21 – STATE OF NEW JERSEY VS. MICHAEL J. DOCE (15-07-0801, MIDDLESEX COUNTY AND STATEWIDE) Opinionnjcourts.gov… that No Delays Could be Attributed to the State is Not Supported by the Record and is Clear Error. B. The Trial … the remand will result in additional delay in the determination of defendant's speedy trial claim, but we are … findings of 14 A-3752-21 fact and conclusions of law in support of its decision. R. 1:7-4. Nothing in this decision …
- njcourts.gov… tax board, thus barring the assessor from testifying in support of raising the assessments. The taxpayer argues the … or appraiser differs from the run-of-the-mill credibility determination utilized for fact-finding. For typical … lack of credibility does not automatically equate with a determination the witness is lying. For example, a witness on …
- A-3208-21 – JENNY ARIAS VS. ANGELITO ARAGO, M.D., ET AL. (L-5045-19, BERGEN COUNTY AND STATEWIDE) Opinionnjcourts.gov… call to testify at trial; (2) serve an expert report to support the claims set forth in her amended complaint; (3) … interpreted the law.'" DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … of trial courts." Ibid. Thus, our review "is limited to a determination of whether the trial court mistakenly exercised …
- A-3670-14T4 Opinionnjcourts.gov… unless it is arbitrary, capricious or unreasonable or not supported by substantial credible evidence in the record." … (App Div. 2005). Therefore, "a prison administrator's determination not to give a prisoner a polygraph examination … See N.J.A.C. 10A:4-10.1(f) (2014). 10 A-3670-14T4 determination is 'arbitrary, capricious or unreasonable.'" Id. …
- A-3698-15T1 Opinionnjcourts.gov… standard; it "will uphold the PCR court's findings that are supported by sufficient credible evidence in the record." … fact, [an appellate court] give[s] deference . . . to the supported factual findings of the trial court, but review[s] …
- A-1603-15T2 Opinionnjcourts.gov… a late Notice within one year after discovery of the lease supports a finding of extraordinary circumstances. … motion judge's decision. The motion judge's findings were supported by sufficient facts and consistent with the TCA. …
- 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. …