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- A-3532-16T2 Opinionnjcourts.gov… ordinarily should not disturb an administrative agency's determinations or findings unless there is a clear showing … capricious, or unreasonable; or (3) the decision was not supported by substantial evidence." In re Virtua-West Jersey … court would come to the same conclusion if the original determination was its to make, but rather whether the …
- A-2152-18T2 Opinionnjcourts.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 …
- A-3767-18T1 Opinionnjcourts.gov… capricious, or unreasonable, or that it lacks fair support in the record." Ibid. (quoting In re Herrmann, 192 … the agency's decision involves "predictive or judgmental determinations" that implicate the agency's administrative … Nicholas, 213 N.J. at 480. We reverse an agency's determination only when it "flout[s] the statutory language …
- A-2561-18T3 Opinionnjcourts.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. …
- A-4610-17T1 Opinionnjcourts.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." …
- A-3580-18T2 Opinionnjcourts.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 …
- A-4676-18 Opinionnjcourts.gov… 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 …
- A-3058-17T4 Opinionnjcourts.gov… had to make 2 Defendant later submitted a certification in support of his motion to vacate the default judgment in … as Judge Hodgson found, nothing in the letter objectively supports this contention. 5 A-3058-17T4 three monthly …
- A-2589-17T4 Opinionnjcourts.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 …
- A-2995-16T1 Opinionnjcourts.gov… defendant's testimony and found the video did not support it. The judge noted the video did not show the 6 … boils down to a disagreement with the courts' credibility determinations. We generally defer "to trial courts' … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
- A-2400-16T3 Opinionnjcourts.gov… pat down, and the search incident to defendant's arrest was supported by the requisite levels of either articulable … omitted).] We will "reverse only when the trial court's determination is so clearly mistaken that the interests of … that of others was in danger. Terry, 392 U.S. at 27. The determination is fact sensitive and requires an evaluation of …
- A-1157-16T1 Opinionnjcourts.gov… 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 …
- A-0583-16T2 Opinionnjcourts.gov… the spring term. The Tribunal affirmed the Deputy's determination, finding as follows. Claimant has worked for … court would come to the same conclusion if the original determination was its to make, but rather whether the … (citation omitted). "If the Board's factual findings are supported 'by sufficient credible evidence, courts are …
- A-2837-16T3 Opinionnjcourts.gov… 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 …
- A-1981-15T4 Opinionnjcourts.gov… 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 …
- A-0498-16T1 Opinionnjcourts.gov… 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 …
- A-5578-15T3 Opinionnjcourts.gov… 242 N.J. Super. 392, 401 (Ch. Div. 1990). 9 A-5578-15T3 In support of his argument that the judge failed to view the … the parties' exchange of post-mediation documents does not support Berman's contention that the parties agreed to the …
- A-0185-14T2 Opinionnjcourts.gov… 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 …
- A-0378-17T2 Opinionnjcourts.gov… 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 …
- A-2169-16T2 Opinionnjcourts.gov… 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 …