-
njcourts.gov
… design standpoint, the property location, on a corner, supports the increased height. Furthermore, the proposed … The Board also heard testimony from a community member who supported the project because it would occupy the vacant … ERROR BY UPHOLDING THE BOARD'S ERRONEOUS 21 A-3387-19 DETERMINATION THAT THE APPLICANT SATISFIED THE POSITIVE AND …
-
njcourts.gov
… the amount of the monetary penalties imposed, and the determination not to revoke or suspend Fisher's insurance … Our scope of review of an administrative agency’s final determination is limited. In re Herrmann, 192 N.J. 19, 27 … capricious, or unreasonable; or (3) the decision was not supported by substantial evidence." In re Application of …
-
njcourts.gov
… his chart: "[p]atient sedated, relatively stable, on vent support. Increased fluid -- increased fluids rather. Abdomen … And that's an emergency that requires a ventilator to support her, which they did in the ICU." At this point, … Rule 4:40-1, "[t]he court must accept as true all evidence supporting the position of the non-moving party, according …
-
njcourts.gov
… administered the Vineland Adaptive Behavioral Scales "to support his claim of incompetency." He noted defendant's low … However, the waiver hearing "involves more than just a determination of probable cause." State ex rel. N.H., 226 N.J. … case must be remanded to the Family Part to make these determinations. J.M., 182 N.J. at 419; D.Y., 398 N.J. Super. …
-
njcourts.gov
… all, each witness is either corroborated or contradicted, supported or discredited by other evidence; ▪ whether the … any and all other matters in the evidence which serve to support or discredit his or her testimony. See State v. … questions asked. Moreover, Martinez’s testimony was well- supported by exhibits moved into evidence. Accordingly, the …
-
njcourts.gov
… defective construction, even absent privity of contract. In support of their CFA claim, plaintiffs alleged that … company at 17 A-2554-23 time of purchase will be factual determinations to be made at trial, not to be considered under … the timeframe when [BDD] performed the work." This determination is reasonably interpreted from "well-established …
-
njcourts.gov
… "testimony and the facts to which he testified were supported by . . . the audio and video recording taken from" … the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … entire exchange occurred in mere minutes, are sufficiently supported in the record and support the judge's conclusion …
-
njcourts.gov
… that the reason for consideration of this factor must be supported by undisputed facts of record or facts found at a … them but he considered them and said . . . the factors that support her denial outweigh . . . those factors, but then we … also not sufficient and defendant has submitted no case law supporting the relevance of this factor. Regarding factors …
-
njcourts.gov
… Erred in Finding that The Elements of [Paragraph k] Were Supported by Prima Facie Evidence. C. The [Trial] Court … of facts to the extent it cites the factual basis supporting defendant's guilty plea where those facts were … attorney," must be "on the record" and regard an "adverse determination of any specified pretrial motion." R. 3:9-3(f). …
-
njcourts.gov
… appeal on March 8, 2019, challenging the trial court's determination that his post-arrest statements to police were … defendant's claims of counsel's deficiencies and failed to support any defenses. The State specifically challenged the … failed to demonstrate prejudice as the record did not support his claim that deadly force was necessary or that …
-
njcourts.gov
… Company, 314 F. Supp. 3d 534, 547 (S.D.N.Y. 2018), supported the proposition that such claims "aris[ing] out of … Worcester, 314 F.Supp. 3d at 534, which 16 A-1230-21 supports our conclusion that the care, custody or control … to identify any controlling New Jersey case law which supports such an extension. We also have found a comparable …
-
njcourts.gov
… She was unmarried when she died and is survived by her two children, plaintiff Jacqueline Crane and defendant. Joyce … which "is particularly true in light of the court's determination regarding the genuineness of the Designation and … not symbolic of religious expression" but a commitment to supporting Jewish education. The judge noted Joyce was an …
-
njcourts.gov
… the petitioner must "allege specific facts and evidence supporting his allegations." Porter, 216 N.J. at 355. Both … 2C:44-1(b)(4), and five, N.J.S.A. 2C:44-1(b)(5), which were supported by the fact that defendant's conduct arose in … the incident, described his strong family and faith-based support system, and argued the events were instigated by …
-
njcourts.gov
… at 163. The defendant proffered a mechanical engineer to support its contention the crane had no design defects, but … testimony was harmless in light of corroborating evidence supporting the same conclusion. See State v. Derry, 250 N.J. … defendant is entitled to an instruction on a lesser offense supported by the evidence regardless of whether that charge …
-
njcourts.gov
… However, "[a]ssessment of credibility is the kind of determination 'best made through an evidentiary proceeding … 1998)). Because the judge incorrectly made credibility determinations without first conducting an evidentiary … and prepared investigative reports that were submitted to support defendant's petition. Additionally, defendant …
-
njcourts.gov
… the State primarily relied upon the following evidence to support the stop: (1) a ShotSpotter report indicating a … which we 'must uphold . . . so long as those findings are supported by sufficient credible evidence in the record. '" … Peatross "credible," her testimony about the video was unsupported by any fact. The video that does exist, which …
njcourts.gov
… 2021, defendant filed a self-represented certification in support of a motion "to correct an illegal sentence or [for] … bargain terms, this exchange, and Judge Lytle's extensive supporting analysis, not here reproduced at length, we are … exposure." We discern no error in Judge Lytle's determination. Lastly, we recognize a PCR petitioner is not …
njcourts.gov
… Rather, Toca Madera offers speculation and innuendo to support its motion to compel O'Brien's production of … to third parties . Nothing in the deposition testimony supported O'Brien's first-hand knowledge or involvement …
njcourts.gov
… to Prop N Spoon's disqualification motion. The motion was supported by a certification from the same attorney who … Segalla argues the judge erred because his decision is unsupported by factual and legal findings and he should have … counsel, the order should be reversed. 8 A-0085-25 "[A] determination of whether counsel should be disqualified is, as …
njcourts.gov
… wherein she insisted that Press “stay[] away and only support[] what you and I ask for” and that Press “not get … the Brill standard to this motion, there is evidence to support or suggest a basis for Cheshun’s claim that Sikand …