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- njcourts.gov… of the resident credit. Following a hearing and final determination from the Director, the Tax Court affirmed the … protest, and the Director issued another final determination affirming the 2017 deficiency notice. … as they had in opposition to summary judgment, did not support their positions with legal authority, and merely …
- CHRISTOPHER P. BROSIUS VS. MARY BROSIUS (FM-18-0117-16, SOMERSET COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… of the account's distribution. Defendant stated in her supporting certification that shortly after the JOD was … made by a trial court when such findings are 7 A-2353-17T1 supported by adequate, substantial, and credible evidence. … court's factual findings when they are "so manifestly unsupported by or inconsistent with the competent, relevant …
- STATE OF NEW JERSEY VS. MARVIN L. NAIRE (15-06-0858, HUDSON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… attorney. The court also found insufficient evidence to support defendant's claims his counsel did not investigate … have pleaded guilty. We defer to the court's credibility determination because it had the ability to hear and see the … We defer to the PCR court, who based its credibility determination on the host of inconsistencies testified to by …
- njcourts.gov… THE UNCORROBORATED ALLEGATIONS OF THIRD PARTIES OFFERED IN SUPPORT OF THE SEARCH WARRANT APPLICATION WERE SUFFICIENT, … at 238). 8 A-3493-17T1 Courts must base a probable cause determination on the totality of the circumstances and … "should pay substantial deference" to the discretionary determination of the issuing judge. Kasabucki, 52 N.J. at 117. …
- STATE OF NEW JERSEY VS. SHERRY A. LOALBO (17-038, MORRIS COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… the crosswalk when the pedestrian entered the crosswalk. In support of her argument, defendant relies upon the MVC's … 39:4-36(a). The judge merely referenced evidence, which supported the conclusion that defendant had sufficient time …
- njcourts.gov… publish research papers in the [the Journal.] He provided a supporting certification for "Default Judgment." In his … has cited no language in either of these decisions that supports his assertion another court found the Association's …
- njcourts.gov… an order granting summary judgment to the City. The court supported that order with a written opinion. In its … not palpably unreasonable, and does not require a jury determination. See Maslo, 346 N.J. Super. at 351. 9 … N.J.S.A. 59:2-3(d) establishes immunity for discretionary determinations concerning the use of public resources. In …
- FRANK S. PROSCIA, II VS. ADVANCED BIOTECH (DIVISION OF WORKERS' COMPENSATION) - Unpublished Opinionsnjcourts.gov… II. We are satisfied that sufficient credible evidence supports the judge's decision. Compensability requires a … and the possibility that it has metastasized, fully support the judge's conclusion. It too was also based on …
- njcourts.gov… for refusing to submit to a breathalyzer test. In support of his appeal, defendant presents the following … Judge Deitch correctly determined that Nunnally does not support vacating defendant's conviction. Judge Deitch …
- njcourts.gov… conclude that Judge Cresitello's factual findings are fully supported by the record and, in light of those facts, his … by plaintiff's argument that the judge erred in his determination that distance was not a relevant criterion. Plaintiff's reliance on § 150- 41(J)(2)(f) to support its assertion is misplaced. That section of the …
- njcourts.gov… Jerejian that defendants produced no competent evidence supporting that they timely accepted the August 2014 loan … opposition to an uncontested foreclosure. 8 A-2937-17T3 In support of its motion for summary judgment, plaintiff's vice …
- njcourts.gov… should not deprive plaintiffs of their legal rights. In his supporting certification, counsel noted the University's … we are of the view that the jurisdictional issues raised in support and opposition to dismissal "should be addressed in …
- njcourts.gov… possession was executed on April 4, 2018. The certification supporting the request for the writ detailed the chain of … to dismiss the complaint. John included a certification in support of the motion, claiming he "was not summoned to … Guillaume, 209 N.J. 449, 467 (2012). "The trial court's determination under [Rule 4:50-1] warrants substantial …
- njcourts.gov… State then informed the court that no evidence existed to support the court's assumption that the police truck parked … to the fact findings of the trial court, provided they are supported by substantial credible evidence in the record, …
- njcourts.gov… A.G.'s expert's opinion to the contrary, finding it not supported by the evidence in the record. 8 A-5932-17T5 Judge … person." "The scope of appellate review of a commitment determination is extremely narrow." R.F., 217 N.J. at 174 … deference. Ibid. We will "not modify a trial court's determination either to commit or release an individual unless …
- njcourts.gov… with our prior appellate decision in order to protect the children's privacy notwithstanding they are now adults. NOT … 4, 2017, after we determined the judge's findings were well supported by the record. With respect to the legal fees and … relief from the judgment of divorce because the financial determinations made therein were made without knowledge of our …
- njcourts.gov… that the trial court's ruling on the speedy trial motion is supported by sufficient, credible evidence in the trial … factual findings will not be disturbed where they are supported by sufficient credible evidence in the record. … v. Oliveri, 336 N.J. Super. 244, 251 (App. Div. 2001). A determination by a trial judge regarding whether defendant was …
- njcourts.gov… DIVISION DOCKET NOS. A-1361-17T1 A-4119-17T1 JASON FAIRCHILD, Petitioner-Appellant, v. BOARD OF TRUSTEES, POLICE … 47 (App. Div. 2019), which was issued after the agency's determination, we conclude there is no merit to petitioners' … the bill, which became N.J.S.A. 43:16A-5(3), to support their reading of the statute. The statement …
- njcourts.gov… Prison (NSP), appeals from the October 17, 2018 final determination of the Department of Corrections (DOC) … to Clarke, although the recording from the cage area supported his version of events, he sought production of the … supports the agency's conclusions). "[A]lthough the determination of an administrative agency is entitled to …
- njcourts.gov… Scope of Review The scope of our review of a final agency determination by PERC is limited. City of Jersey City v. … intent, we apply a deferential standard of review to determinations made by PERC." Ibid. (citing In re Hunterdon … arbitrary, capricious, or unreasonable, the findings lacked support in the evidence, or there was a violation of PERC's …