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… arbitrary or there is a lack of substantial evidence to support them." NYT Cable TV v. Borough of Audubon, 230 N.J. … the Tax Court has ruled that the Director cannot base a determination of whether the Unreasonable Exception has been … [D]irector (through general regulation or case-by-case determination) before departing from the general rule of …
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… it was filed eight years after defendant's conviction. In support of that ruling, the judge found that defendant … failed to appeal the judgment of conviction. Id. at 31. In support of that contention, defendant filed a certification … this last point, we emphasize that we are making no determination concerning the merits of any potential appeal. …
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… to disposition on the papers. In her affidavit submitted in support of her motion, Quiroga averred that "[she] filed the … BY FAILING TO PROVIDE A WRITTEN OR ORAL OPINION IN SUPPORT OF ITS DECISION TO GRANT SUMMARY JUDGMENT RESULTING … of the rule is to make sure that the court makes its own determination of the matter." In re Tr. Created by Agreement …
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… findings of the trial court so long as those findings are supported by sufficient evidence in the record.'" State v. … articulable basis to stop the Davis vehicle, is legal determination, not a factual one, to which we owe no … of defendant's vehicle was not valid, the judge made no determination relative to the constitutionality of the …
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… Defendant testified to the following factual basis in support of his guilty plea. He admitted to being at a TD … prima facie case in support of post-conviction relief, a determination by the court that there are material issues of … be resolved by reference to the existing record, and a determination that an evidentiary hearing is necessary to …
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… noted that defendant failed to provide specific facts to support his ineffective counsel claim. With regard to … prima facie case in support of post-conviction relief, a determination by the court that there are material issues of … be resolved by reference to the existing record, and a determination that an evidentiary hearing is necessary to …
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… that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence. … those credibility assessments unless they are manifestly unsupported by the record. Weiss v. I. Zapinsky, Inc., 65 N.J. … the judge's ruling. We are satisfied that the record amply supports the judge's factual and credibility findings. The …
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… 201, 214 (App. Div. 1995), we reversed the trial court's determination that expert testimony was unnecessary. We … claims. We recognize that an AOM is not required to support a breach of contract claim that does not implicate a … defendants breached that standard, an AOM was needed to support plaintiffs' claims. D. Finally, we reject …
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… sentencing arguments. Our review of sentencing determinations is governed by a highly deferential standard. … "aggravating and mitigating factors are identified [and] supported by competent, credible evidence in the record"). … offenses. Further, defendant's prior drug convictions support the application of the mandatory extended-term …
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… The claims were based on the same factual allegations supporting the causes of action the Chancery Division judge … of action based on either the debt or mortgage had no support in the law. The court concluded it would be futile …
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… have not asserted the trial court's findings are unsupported by the motion record. In fact, the Orange defendants cite to the trial court's opinion as support for significant portions of the statement of facts … 142 N.J. 520, 540 (1995); R. 4:46-2(c)). A trial court's determination that a party is entitled to summary judgment as …
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… 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 …
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… Just like you don't give a F___ about me or my family, my children, grandchildren, nobody. I don't give a F___ about … if it is arbitrary, capricious or unreasonable[,]" or unsupported "by substantial credible evidence in the record as … tribunal is . . . in no way bound by the agency's . . . determination of a strictly legal issue." Mayflower Sec. Co. …
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… C. Fallon, III, argued the cause for respondent (Fox Rothschild LLP, attorneys; Mr. Fallon, Adam Busler and Nathan M. … be submitted to arbitration. In a June 14, 2016 order, supported by a written opinion, Judge Paula T. Dow denied … if it is then available. Logically, this clause appears to support defendant's position that Re/Max intended to require …
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… an application with the [c]ourt for a[n] extended term." To support this argument, he certified 1 The Rule provides, in … disagree and add the following comments. Here, the record supports the judge's findings that: (1) the State filed an …
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… County. We affirm. I. We review the OAG's administrative determination in accordance with a deferential standard of … court "should not reverse the Attorney General's determination unless it is arbitrary, capricious or 3 A-1607-20 unreasonable or it is not supported by substantial credible evidence in the record as …
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… the order under review here. 2 The Board submitted a letter supporting defendant's arguments on appeal. 3 A-0416-21 … arbitrary, capricious, and unreasonable; was otherwise unsupported by sufficient facts; violated the law; and … constitutional questions"; (2) "informal or ex parte determinations of legal questions by administrative …
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… fundraisers to fund its law enforcement activities in support of its mission, and accepts donations on its … N.J. Super. 278, 286 (App. Div. 2013). A trial court's "determinations with respect to the applicability of OPRA are … are beyond the scope of an ordinary demand." The record supports the trial judge's finding that plaintiff's request …
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… 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 …
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… 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 …