-
njcourts.gov
… defer to a judge's bench trial findings so long as they are supported by credible evidence in the record. An actor's … and balances aggravating and mitigating factors that are supported by competent credible evidence in the record." … The judge must then place, on the record, the factual basis supporting the findings of the particular factors affecting …
-
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
… deferential standard and only reverse them if they are not supported by substantial credible evidence. See State v. … not to pursue a direct appeal. Those findings are amply supported by the record. Those findings are also consistent … and one of his co- defendants. Again, those findings are supported by substantial credible evidence developed at the …
-
njcourts.gov
… findings of the trial court so long as those findings are supported by sufficient evidence in the record.'" State v. … and circumstances presented to an arresting officer would support a person 'of reasonable caution in the belief that … charge. Sufficient credible evidence in the record supports the findings that the officers were "'lawfully …
-
njcourts.gov
… of their hours worked in their capacity as Commissioners to support their eligibility for State Health Benefits. The … keep complete, accurate records of their hours worked to support their eligibility.” Notably, nowhere does that … post. And, for that matter, those truths only find further support in defendant’s very own self-certified timesheets, …
-
njcourts.gov
… is appropriate only when the agency's decision is unsupported by substantial credible evidence in the record as … 382 N.J. Super. at 23-24. Thus, "a prison administrator's determination not to give a prisoner a polygraph 14 A-3047-21 … is discretionary and may be reversed only when that determination is 'arbitrary, capricious or unreasonable.'" Id. …
-
njcourts.gov
… to be 'arbitrary, capricious, or unreasonable, or . . . not supported by substantial credible evidence in the record as … of the Commission's conclusion. The Commission's final determination that Beach violated both N.J.S.A. 45:15- 17(e) … properly weighed the Kimmelman factors in their final determination when deciding the monetary penalty imposed. …
-
njcourts.gov
… stop. The stop was precipitated by the police officer's determination that the car in which S.H. was a passenger had … on appellate review, a trial court's factual findings in support of granting or denying a motion to suppress must be … deemed credible by the trial court and that credibility determination is given deference, see State v. Gibson, 218 …
-
njcourts.gov
… Initially, we note that WH Associates' claims were not supported by certifications or deposition testimony. … do not constitute certified proof and are insufficient to support a summary judgment order. See Sellers v. Schonfeld, … 90, 102 (App. Div. 2018). There is nothing in the record to support the contention that buildings in Hoboken could not …
-
njcourts.gov
… That April, PCR counsel also filed a memorandum of law in support of the petition, and defendant submitted a letter. … of a prima facie case in support of [PCR], 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 …
-
njcourts.gov
… is 'arbitrary, capricious, or unreasonable or is not supported by substantial credible evidence in the record as … Office of Interstate Services to the sending state for a determination on how, or if, sanctions shall affect the … Services to 9 A-2100-20 the sending state for a determination on how, or if, sanctions shall affect the …
-
njcourts.gov
… (quoting Brill, 142 N.J. at 529-30). Assertions that are unsupported by evidence "[are] insufficient to create a … rise to the slip and fall or eyewitness testimony may support an inference of constructive notice about the … assertions [in a certification] are not capable of either supporting or defeating summary judgment." Ridge at Back …
-
njcourts.gov
… boyfriend, who is also the father of one of defendant's children. The officers obtained surveillance video that … charges; rather, she had pled guilty to lesser offenses. In support of that contention, defendant cites K.S., in which … 437 N.J. Super. 555, 564-65 (App. Div. 2014). In support of that conclusion, we noted the Legislature's …
-
njcourts.gov
… findings in the accompanying written decision were unsupported by the evidence. Alternatively, defendant argues … principles. Because we conclude there is sufficient support in the record to justify the trial judge's decision, … price of the Berwick Property. The couple and their three children lived in the largest of three bedrooms in the …
-
njcourts.gov
… (PCR) without an evidentiary hearing. Because the record supports the PCR judge's decision, we affirm. I. Between … this is what brought him here. He does have a very strong support system, and given his age, Your Honor, it is my hope … convictions. Defendant also claimed that information supported the application of three mitigating factors. He …
-
njcourts.gov
… of the basis for the claimed SUT refunds, as well as supporting documentation to substantiate the claims. … explain. On May 19, 2019, the Division issued its final determinations on both protests. It granted Solexis's request … a complaint with the Tax Court, challenging these final determinations. They argued they submitted sufficient proofs …
-
njcourts.gov
… contradictions in her testimony. Her testimony was largely supported by the record and the court feels that she was … we will uphold the PCR court's findings that are supported by sufficient credible evidence in the record." … consultation with Watkins. These findings are amply supported in the record and will not be disturbed. Moreover, …
-
njcourts.gov
… as a matter of law." DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … we will 'not "engage in a strained construction to support the imposition of liability" or write a better … and the repair costs. Thus, we part ways with the judge's determination that summary judgment was warranted because …
-
njcourts.gov
… Disciplinary Hearing Officer (DHO) determined the evidence supported a determination of guilt, finding Haines "has been sexually … is "arbitrary, capricious or unreasonable," or is unsupported "by substantial credible evidence in the record as …
-
njcourts.gov
… was established for the benefit of Keith Caneiro’s wife and children upon RAYMOND S. SANTIAGO MONMOUTH COUNTY PROSECUTOR … State v. D’Amato, 218 N.J. Super. 595 (App. Div. 1987) to support his position. Both cases concern allegations of an … degree.” The facts that were presented to the grand jury support that there was probable cause for a finding of same. …