njcourts.gov
… his claims, including the proof he intended to rely upon to support his claim of ownership of the property, by the newly … contract claim against Frezghi. Plaintiff's arguments lack support in the record. The trial court properly granted West … to overcome his burden at the summary judgment phase is not supported by law. Bald assertions that are conclusive and …
njcourts.gov
… regulation. Our judicial review of quasi-judicial agency determinations is limited. Allstars Auto Grp., Inc. v. N.J. … Vehicle Comm'n., 234 N.J. 150, 157 (2018). "An agency's determination on the merits 'will be sustained unless there 7 … capricious, or unreasonable, or that it lacks fair support in the record.'" Saccone v. Bd. of Trs. of the …
njcourts.gov
… plaintiffs filed a request to enter default against him. In support of that request, plaintiffs' counsel certified based … the judgment and requested oral argument of his motion. In support of the motion, defendant certified he "was not the … for leave to amend the complaint. In his certification in support of the cross-motion, plaintiff's counsel stated …
njcourts.gov
… 175, 179 (App. Div. 2004). "Appellate review of parole determinations 'focuses upon whether the factual findings made … the decision was arbitrary or unreasonable, lacked credible support in the record, or violated legislative policies." … The Board also appropriately considered the panel's determination that Rivera's statements demonstrated …
njcourts.gov
… AS ITS REASONING DEFIES LOGIC AND IGNORES FACTS WHICH SUPPORT ACQUITTAL. 3 Defendant was ordered to pay $100 in … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … of innocence and stands convicted—ready to challenge that determination on appeal. [Ibid.] Appellate review of a de novo …
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… policies, is based on factual findings that are not supported by substantial credible evidence, or is arbitrary, … (2) whether the record contains substantial evidence to support the findings on which the agency based its action; … OPRA. See N.J.S.A. 47:1A-7(b). Although the agency's determination regarding the applicability of OPRA is a legal …
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… it as "arbitrary, capricious and/or unreasonable and not supported by credible evidence." Accordingly, the … In re Hermann, 192 N.J. 19, 27 (2007). The “final determination of an administrative agency . . . is entitled to … ordinarily should not disturb an administrative agency's determinations or findings unless there is a clear showing …
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… of Education or not otherwise eligible for State support pursuant to N.J.S.A. 18A:7G-5(g). The State debt … of Education, or that are not otherwise eligible for State support pursuant to N.J.S.A. 18A:7G- 5(g). The Board's … of Education or not otherwise eligible for State support pursuant to N.J.S.A. 18A:7G-5(g). Accordingly, Judge …
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… 3 A-0560-16T3 POINT I THE VERDICT IN THIS CASE WAS NOT SUPPORTED BY CREDIBLE EVIDENCE AND RESULTED FROM MISTAKE, … safety issues, and there was sufficient evidence to support the factual assumptions that formed the basis for … he mentioned a traumatic experience from his wife's childhood. It would have been clear to the jury that …
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… change charge, arguing there was insufficient evidence to support such a jury instruction. The 5 A-5625-17T1 judge … except upon the basis of a carefully reasoned and factually supported and articulated determination, after canvassing the record and weighing the …
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… my gun and put it to your fucking head" was a threat, supported by a picture of defendant holding a gun and … of the trial judge unless . . . they are so manifestly unsupported by or inconsistent with the competent, relevant … The record supports the judge's factual and legal determinations on terroristic threats. The judge's findings as …
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… sale. Defendant presented the following arguments in support of its 3 A-1079-18T2 motion to dismiss: plaintiff's … proceeding issued a final judgment on the merits; (4) the determination of the issue was essential to the prior … are: (1) to encourage the comprehensive and conclusive determination of a legal controversy; (2) to achieve party …
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… there is substantial credible evidence in the record to support them. N.J. Div. of Youth & Family Servs. v. E.P., … showed the opposite. At least one Council member did not support the Resolution because he did not have the … told the City Council he had only completed the supporting memorandum "last week" and then gave it to his …
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… provide" an alternate version of the facts, which could be supported by Mr. Smith." PCR counsel argued defense … hearing would "allow the [c]ourt to make a better determination of whether it was ultimately a trial strategy … based upon what we had there. So based upon that a determination was made that there really wasn’t anything that …
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… forced" him not to testify was a manufactured argument unsupported by the record. On appeal, defendant argues that: … was not explained. The record, however, simply does not support this claim. Trial counsel testified he explained the … defendant's was not. We defer to the court's credibility determination because he had the ability to hear and see the …
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… Defendant contends this record would have provided valuable support for the "third-party guilt" defense asserted at … being hearsay, the lack of certification/verification) — to support third-party guilt."4 Defendant argues he was … judge conduct the remand because the PCR judge has made determinations inconsistent with the existing record and …
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… parties filed supplemental letter briefs contending Mattia supported their respective positions. 5 A-0048-17T3 … ordinarily should not disturb an administrative agency's determinations or findings unless there is a clear showing … court would come to the same conclusion if the original determination was its to make, but rather whether the 6 …
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… for an involuntary dismissal pursuant to Rule 4:37-2. In support of the motion, defendant's counsel cited case law to … such a duty is "an essentially 8 A-1323-17T2 objective determination to be made on the basis of the material facts" … in not making a reasonable use of his property. Such a determination merits a consideration of the various attendant …
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… office's objection to defendant's admission. The prosecutor supported her objection by first citing to our decision in … who is gainfully employed, a married father of four young children who relied upon him for support, and who has no … N.J. 215, 225 (2002)). Our review of a prosecutor's PTI determination is limited because of the nature of the decision …
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… 2016, plaintiff sued defendants alleging negligence. In support of his claim, plaintiff retained Himad Beg, a … 136; Luchejko, 207 N.J. at 201-03. Moreover, public policy supports preserving the current rule because society has an … the imposition of a heightened duty, this contention is not supported by law. See Cogliati v. Ecco High Frequency Corp., …