njcourts.gov
… High Sch. Dist., 241 N.J. 31, 40 (2020). "An agency's determination on the merits 'will be sustained unless there is … capricious, or unreasonable, or that it lacks fair support in the record.'" Saccone v. Bd. of Trs., Police & … stating: Here, we find the record presented does not support a conclusion that lieutenants have authority to …
njcourts.gov
… 338 (App. Div. 1998), where we overturned the Board's determination that the petitioner's application for ordinary … Appellate review of an administrative final agency determination must "engage in a careful and principled … capricious, or unreasonable, or that it lacks fair support in the record," Russo, 206 N.J. at 27 (quoting …
njcourts.gov
… dismissal and restore the matter to the trial calendar. In support of the motion, plaintiffs submitted certifications … Defendants submitted an affidavit from their attorney in support of the motion and argued that plaintiffs had … principles. Little, 135 N.J. at 283. The trial court's determination is entitled to substantial deference and will …
njcourts.gov
… stupor and then transported her along with their two children to the hospital where she was treated and recovered … agreement called for a maximum sentence of nine years. In support, defense counsel told the judge that he had spoken … Padilla v. Kentucky, 559 U.S. 356, 372 (2010)). That determination should be "based on evidence, not speculation." …
njcourts.gov
… Services, entered into contracts with the Borough to support the Borough's Finance Department, including … N.J. 320, 330 (2010). While we review de novo an agency's determination that there were no genuine issues of material … bound by the agency's interpretation of a statute or its determination of a strictly legal issue." Mayflower Sec. Co. …
njcourts.gov
… variances). In addition, key factual findings are without support in the record. Specifically, the court found as fact … by subdivision in 1936." Neither of those findings has support in the record. Ebury's position before the Board and … variance and by reversing a variance decision that was supported by sufficient evidence in the record. We agree. …
njcourts.gov
… where society draws the line for many purposes between childhood and adulthood.'" 249 N.J. 581, 600 n.10 (2022) … defendant argues his application was not time-barred. To support his argument before the motion judge, defendant … her coat, and escaped in the Gray Acura. These facts would support a first-degree robbery charge regardless of whether …
njcourts.gov
… judge issued an order finding defendant guilty. In a supporting written decision, the judge rejected defendant's … is 'sufficient credible evidence . . . in the record' to support the trial court's findings." Id. at 148 (omission in … "However, where issues on appeal turn on purely legal determinations, our review is plenary," Monaco, 444 N.J. …
njcourts.gov
… judgment. Our review of the record and the applicable law support Franchini's arguments. As to the parties' … violation against a particular party does not preclude a determination that the party nevertheless was subject to" and … 96 N.J. 538, 544 (1984))). B. Breach of Duty Given our determination that March Associates owed Franchini a duty of …
njcourts.gov
… not per se irrelevant to reliability and probable cause determinations and therefore, the court should have first … if anything[,] was recovered." Defendant's motion was supported by a report authored by an expert in canine … only where "the court has abused its discretion, or its determination is based on a mistaken understanding of the …
njcourts.gov
… 2022, plaintiff moved to extend discovery. In her brief in support of the motion, plaintiff argued "defendant has … unless the court has abused its discretion[,] or its determination is based on a mistaken understanding of the … summary judgment was subject to the presiding judge's determination regarding reopening discovery. Plaintiff's …
njcourts.gov
… In October 2020, Joyce died and was survived by her two children, plaintiff and Jacqueline Crane. 1 Because certain … comply with the law and his fiduciary duty ma[d]e such a determination impossible." Repetto responded that plaintiff … In this complaint, plaintiff[] contend[s], without any support whatsoever, that . . . [m]any of his possessions …
njcourts.gov
… such a verdict, a reviewing court must respect a jury's determination." Ibid. Here, the evidence adduced at trial was … we do not, we are satisfied defendant's conviction was supported by the evidence. The jury, 7 A-1542-22 reviewing … sentencing decision because the evidence supports his determination that no mitigating factors applied. On this …
njcourts.gov
… summary judgment, plaintiff signed a certification "in support of [her] [m]otion for [r]econsideration." According … judge erred in disregarding her April 2023 certification in support of her reconsideration motion. We reject these … she failed to proffer any evidence that the judge's determination was arbitrary, capricious, or erroneous. …
njcourts.gov
… unless [we are] convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … factor that history into [his or her] reasonable person determination." J.D., 475 N.J. Super. at 314 (quoting Cesare … from a history between the parties, that finding must be supported by some evidence that the actor's conscious object …
default
… hearing if a defendant establishes a prima facie showing in support of the requested relief. State v. Preciose, 129 N.J. … not conduct an evidentiary hearing, we review the judge's determinations de novo. State v. Jackson, 454 N.J. Super. 284, … "considerate and kind individual who has a love of his two children, who helped people, who worked hard, who tried to …
default
… given; a requested instruction which has no evidence to support it; an instruction which is too general or too broad … [COURT]: You can't do that because there's no evidence to support that he did not understand. . . . . You can't create … had a valid Maryland driver's license, there is nothing to support his speculation that the notice of [the suspension] …
default
… We vacate the Board's final decision, and remand for a determination of whether claimant's appeal should be … connected with the work.1 Following his appeal of the determination, claimant received a "Notice of Phone Hearing" … (2) whether the record contains substantial evidence to support the findings on which the agency based its action; …
default
… speech. It alleged the ordinance lacked evidentiary support and a factual record and that it deprived … Plaintiff's count two did not show any factual basis to support an OPMA claim. "[C]onclusory allegations are … were properly dismissed. He provided no factual basis to support any of the claimed violations. After carefully …
default
… hearsay, and therefore the state's case was unable to support a finding of forfeiture; (2) he was not provided … should accept a trial court's findings of fact that are supported by 9 A-3426-16T4 substantial credible evidence." … Inv'rs Ins. Co., 65 N.J. 474, 484 (1974)). However, legal determinations by the Family Part are not entitled to any …