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- njcourts.gov… scope of our review of an administrative agency's final determination is strictly limited. Brady v. Bd. of Review, 152 … applicable law. Ibid. "If the Board's factual findings are supported 'by sufficient credible evidence, courts are … court would come to the same conclusion if the original determination was its to make, but rather whether the …
- njcourts.gov… 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 …
- STATE OF NEW JERSEY VS. THOMAS H. OUTLAND (16-02-0107, UNION COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… The judge found that defendant's responses would "not support even remotely a finding that the defendant ha[d] … explained the required state of mind. The circumstances supported a finding of a shared purpose. Therefore, the …
- njcourts.gov… fallen from a truck that had been improperly covered. In support of her claims, plaintiff served defendants with … at 540 (1995); R. 4:46-2(c). However, a trial court's determination that a party is entitled to summary judgment as … will not be defeated by bare conclusions lacking factual support, Petersen v. Twp. of Raritan, 418 N.J. Super. 125, …
- njcourts.gov… frivolous when 'no rational argument can be advanced in its support, or it is not supported by any credible evidence, or it is completely … one of two claims was frivolous does not constitute a determination of "the reasonable attorney's fees and other …
- njcourts.gov… and unreasonable, violated legislative policies and was not supported by credible evidence. He also argues the CRHPA did … agency's summary decision de novo because it is a legal determination. L.A. v. Bd. of Educ. of City of Trenton, 221 … issue." Ibid. (alteration in original) (quoting Dep't of Children & Families, N.J. Div. of Youth & Family Servs. v. …
- njcourts.gov… includes a printout of the location history, which supports the certification. CitiMortgage then maintained … attorney subsequently tendered a certification and supporting documentation purporting to show that defendants …
- STATE OF NEW JERSEY VS. REGINALD V. BROWN (12-05-0090, CAMDEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… or substantive grounds, finding the record "adequately support[ed]" defendant possessed the drugs and guns … his request for an evidentiary hearing. The record amply supports the PCR judge's findings and conclusions. Defendant …
- STATE OF NEW JERSEY VS. STEVEN J. BRIZAK (11-04-0338, CUMBERLAND COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the … PCR courts should grant evidentiary hearings and make a determination on the merits only if the defendant presents a … allegations, including assessments of credibility." These determinations are "best made" through an evidentiary hearing. …
- STATE OF NEW JERSEY VS. PETER PAPASAVVAS (96-06-0823, MIDDLESEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… doubt about his responsibility for the murder. In support of his argument, defendant relies on an uncertified … his 2013 petition. 8 A-4460-17T2 offered no evidence to support his claim he was unable to uncover the victim's …
- njcourts.gov… that allows an applicant for Aid to Families with Dependent Children (AFDC-Medicaid) to obtain an extension of the … another request for a hearing concerning the March 2017 determination. In DMAHS's final decision of November 19, 2018, … to be 'arbitrary, capricious, or unreasonable, or [ ] not supported by substantial credible evidence in the record as …
- njcourts.gov… Here, the idiosyncratic facts of this case overwhelmingly support the judge's conclusion that there was no meeting of … the estate's complaint.4 Affirmed. 4 As a result of our determination, we need not reach the estate's contention that … the one-year limitations period set forth in the provision supports our conclusion that there was no meeting of the …
- njcourts.gov… whether a party waived its arbitration right is a legal determination subject to de novo review[,]" however, "the … Therefore, a common sense reading of the agreement supports plaintiff's obligation to assert her claims in … nursing home or assisted living facility are enforceable if supported by consideration. See also Marmet Health Care …
- STATE OF NEW JERSEY VS. JOHN S. PARKIN (16-05-0437, GLOUCESTER COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… was likewise voluntary, there is nothing in the record to support defendant's bald assertion that it was not. … he passed the note demanding money. So too, there is no support for defendant's bald assertion that he was coerced …
- njcourts.gov… that "[t]his 8 A-4129-18T2 purported restraint was not supported . . . with any findings . . . nor was it reduced … by the trial judge are considered binding on appeal when supported by adequate, substantial and credible evidence." …
- STATE OF NEW JERSEY VS. RENE M. JACKSON (14-04-0874, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… 337 N.J. Super. at 242. In our review of a PCR court's determination, we defer to the court's factual findings, including credibility determinations, if they are supported by "adequate, substantial and credible evidence." …
- njcourts.gov… reviewing courts afford no special deference to the legal determinations of the trial court when no issue of fact … We part company, however, with the motion judge's determination that plaintiff failed to satisfy due diligence … the first phase. Although the judge cited no caselaw to support his decision, see Great Atl. & Pac. Tea Co. v. …
- njcourts.gov… the course of two trials and that the court decisions were supported with reasoned opinions. Finally, as to the party … proceeding issued a final judgment on the merits; (4) the determination of the issue was essential to the prior … same class solely because he had once suffered an adverse determination when the facts or the law were different." Id. …
- njcourts.gov… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4610-17T1 CHILDREN OF AMERICA, INC., and CHILDREN OF AMERICA … under the same docket number as the action on appeal and supported it with its counsel's certification. Pavilion … without leave granted, the judgment or administrative determination must be final as to all parties and all issues." …
- njcourts.gov… wantonly vile, horrible or inhumane." The evidence at trial supported those findings because defendant told the jury … the insanity charge over his objection. The record does not support that bald assertion. In short, by contrast to the …