Filters
- A-1894-15T2 Opinionnjcourts.gov… provided ineffective assistance. In his certification supporting PCR, defendant claimed plea counsel failed to … 576 (2015). If sufficient credible evidence in the record supports the judge's findings, we will affirm. Ibid. … deferential standard of review, we find no error in the determination of the PCR judge. Furthermore, we find …
- A-5803-13T1 Opinionnjcourts.gov… DEP to renew this permit; the DEP did not make its final determination on this application until 2006. Pending … Thus, the RMP and the 2011 Plan would govern the DEP's determinations. Appellants also maintain, had they … legislative policies," there is substantial evidence to support the factual findings upon which A-5803-13T1 10 the …
- A-3161-15T1 Opinionnjcourts.gov… sent the Planning Board a memorandum confirming his determination that V Boys' application required no variances … December 17, 2014. He agreed with the Zoning Officer's "determination that the applicant meets all the conditions for … foot canopy does not constitute a principal building is not supported by the Zoning Ordinance or MLUL." Fifth, "[t]he …
- A-4869-13T2/A-1272-14T1 Opinionnjcourts.gov… the City claimed. On September 30, the GRC issued a final determination, adopting the findings and recommendations of … to the public interest. Gordon asked the "GRC to make a determination that [the City] withheld the fact there was … policies, is based on factual findings that are not supported by substantial credible evidence, or is arbitrary, …
- A-1589-17T2 Opinionnjcourts.gov… determined that as to Carter and Baker, defendant failed to support his petition with a statement or affidavit from … what he or she deems are the most effective arguments in support of the client's position. Id. at 516. Here, in light … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." …
- A-3322-16T4 Opinionnjcourts.gov… who were presumably in favor of the application, to support an argument that surrounding circumstances had … (2) if the Board finds that res judicata does not bar a determination on the merits, then, proceed to either grant or … may be barred. It is for the Board to make that determination in the first instance. [Ten Stary Dom P'ship, …
- 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-5146-16T2 Opinionnjcourts.gov… to "foster the intellectual growth of the student by supporting and reinforcing the academic program of the … is [Mulcahey's] position that in respect to the Board's determination that [the] 2007 injury, sustained during the … capricious, or unreasonable, or that it lacks fair support in the record." Ibid. (quoting Herrmann, 192 N.J. at …
- A-4517-16T2 Opinionnjcourts.gov… police officer, agreed to apply his long-standing policy of supporting law enforcement officers by discounting the … trial court's factual findings "when 'those findings are supported by sufficient credible evidence in the record.'" …
- A-5305-18 Opinionnjcourts.gov… accompanied the order under review. I. The underlying facts supporting defendant's convictions are outlined in our … the robbery and testimony from a cousin, Roger Gilbert, to support 6 A-5305-18 his alibi defense that he was at the … again" girlfriend Heather Berkey, and mother of one of his children to testify at trial, but ultimately, she refused to …
- A-2503-17T3 Opinionnjcourts.gov… was a proximate cause of plaintiff's injuries was not supported by any evidence. The court observed that there was … standard of review, and the trial court's 9 A-2503-17T3 determination of such issues is accorded no deference. Kaye v. … as to whether [they] adequately supervised their minor aged children" who "held a party where alcohol was served." …
- njcourts.gov… determine whether the findings of the municipal judge were supported by sufficient credible evidence. State v. Heine, … controlling" weight to the municipal judge's credibility determinations, because the municipal judge had the … whether the Law Division judge's factual findings were supported by "sufficient credible evidence." State v. …
- njcourts.gov… the information it needed to complete Ellen's eligibility determination. The letter informed Vera that if the requested … remarks. 9 A-1462-20 "Appellate review of an agency's determination is limited in scope." K.K. v. Div. of Med. … capricious, or unreasonable; or (3) the decision was not supported by substantial evidence." Ibid. (citations …
- A-0583-20 – STATE OF NEW JERSEY VS. EMMANUEL C. DIKE (17-04-0244, UNION COUNTY AND STATEWIDE) Opinionnjcourts.gov… be delivered to the jury only when there is 'obvious record support for such [a] 8 A-0583-20 charge . . . .'" … Defendant's reaction in this case differs from the cases supporting adequate provocation for a passion/provocation …
- A-0853-20 – D.A.R. VS. E.A.R. (FV-21-0484-20, WARREN COUNTY AND STATEWIDE) (RECORD IMPOUNDED) Opinionnjcourts.gov… he and plaintiff had a verbal argument over his financially supporting his eighteen-year-old son, who is not plaintiff's … the defendant engaged in and . . . then convert that to a determination as to the reasonableness of fees associated with … basis on this record to question the judge's credibility determinations. As a matter of legal analysis, when …
- A-3909-19 – RIGGINS, INC. VS. JOHN PICERNO, ET AL. (F-011283-19, MERCER COUNTY AND STATEWIDE) Opinionnjcourts.gov… in April 2011, and the mortgage satisfied. The Picernos supported their cross- motion with a certification by Gilda … summary judgment to GCP. GCP subsequently filed a properly supported motion for summary judgment, which the court …
- #06-06 Administrative Directivesnjcourts.gov… County of ________________ swear or affirm that you will support the Constitution of the United States and the … determine that sufficient evidence has been presented to support such charges. If the Assignment Judge determines …
- #12-06 Administrative Directivesnjcourts.gov… County of ________________ swear or affirm that you will support the Constitution of the United States and the … determine that sufficient evidence has been presented to support such charges. If the Assignment Judge determines …
- A-4498-19 Opinionnjcourts.gov… in other cases is limited. R. 1:36-3. 2 A-4498-19 Fox Rothschild LLP, attorneys for respondent JPay, Inc. (Michael J. … where the factual allegations are palpably insufficient to support a claim upon which relief can be granted." Rieder v. … in the terms of use for the IKS. Adequately providing support for his reasoning on the record, the trial judge …
- A-1473-18T1 Opinionnjcourts.gov… 9 A-1473-18T1 Not surprisingly, SEPTA has been unable to support its position by reference to our existing … judge's finding of lack of personal jurisdiction was not supported by sufficient evidence. True, the judge relied in … beliefs about SEPTA's contact with New Jersey.9 These unsupported assertions could not provide a basis for the …