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- DARLENE HYMAN VS. BOARD OF TRUSTEES, ETC. (PUBLIC EMPLOYEES' RETIRMENT SYSTEM) - Unpublished Opinionsnjcourts.gov… In re Stallworth, 208 N.J. 182, 194 (2011). An agency's determination must be sustained "unless there is a clear … capricious, or unreasonable, or that it lacks fair support in the record." Russo v. Bd. of Trs., Police & … or assigned duties. Ibid. That board adopted an ALJ's determination that although Kasper had taken "a few steps" on …
- DONALD SERVAIS VS. OCEAN WHOLESALE NURSERY, LLC (DIVISION OF WORKERS' COMPENSATION) - Unpublished Opinionsnjcourts.gov… two years of executing the Agreement. Petitioner did not support that assertion with an affidavit or certification … loss of petitioner's fingers. When asked to explain his determination that $1,000 of the $5,000 payment was for the … The judge provided no other explanation and no factual support for his finding. The judge memorialized his decision …
- njcourts.gov… you know -- I don't see any version of facts that would support an aggravated manslaughter -- the state of mind, … a defendant, as long as the instruction "is requested and supported by some evidence in the record, it must be given." …
- njcourts.gov… T.C. relies on State In re. R.M., 141 N.J. 434 (1995), in support of his position that the law prohibits the … Under the State's interpretation, and the judge's determination here, developmentally disabled juveniles in one … rational basis, let alone a compelling justification, to support a geographic cause for depriving developmentally …
- njcourts.gov… Ohio 2005). It is enough that the victim provide evidence supportive of a finding that a recording device was present … other plaintiffs were spied upon. For example, the record supports an assumption for summary judgment purposes that …
- STEPHEN D. PERRY VS. NEW JERSEY STATE PAROLE BOARD (NEW JERSEY STATE PAROLE BOARD) - Published Opinionsnjcourts.gov… in a May 28, 2014 written decision. It based its determination on the same factors relied upon by the … IS AN APPROPRIATE REMEDY I. Appellate review of parole determinations "focuses upon whether the factual findings made … (2) whether the record contains substantial evidence to support the findings on which the agency based its action; …
- njcourts.gov… proceeding issued a final judgment on the merits; (4) the determination of the issue was essential to the prior … are consistent with the common law of restitution. In support of his argument, Dr. Vitale relies upon the innocent … & Wire Works, Inc., 233 N.J. Super. 91 (App. Div. 1989), supports the adoption of the Restatement (Third) of …
- njcourts.gov… made by the trial court will not be disturbed if they are supported by credible evidence in the record. State v. … v. Gamble, 218 N.J. 412, 424 (2014)). We review legal determinations, including the 9 A-0891-18T4 application of the … 218 N.J. at 425). We first address the trial court's determination that defendant had no reasonable expectation of …
- CHRISTINE ANN DEVERS VS. JEFFREY ERIC DEVERS (FM-07-1537-09, ESSEX COUNTY AND STATEWIDE) - Published Opinionsnjcourts.gov… matter being denied; indeed, Christine's counsel argued in support of her motion for leave to file the appeal out of … while the circumstances here are offered in support of a determination that Christine permanently forfeited her right … § 80b-14(a) (emphasis added). In short, the judge's determination that federal courts have exclusive jurisdiction …
- njcourts.gov… plaintiff's reliance on Roach v. BM Motoring, LLC,1 to support her contention that defendants' material breach of … had signed the RISC. Therefore, there was no legal basis to support plaintiff's argument that the unsigned RISC … 228 N.J. at 180. The Court further held that a determination of whether a party committed a material breach …
- Pallai v. Lochavio - Unpublished Opinionsnjcourts.gov… Gerald Loschiavo. Plaintiff seeks 2 in this action a determination that she has an equitable ownership interest in … Lake Como property. And there is evidence that appears to support her position. For example, as already mentioned, the … has asserted.4 To summarize, the court bases its determination that plaintiff gifted $250,000 to defendants on …
- njcourts.gov… Cordova (hereinafter “Cordova”) joined this motion in support. Individual Defendants argue that if trial is not … Defendants’ assertions that there is no evidence to support piercing the corporate veil and/or the claims … crucial to the issue of liability. The Court makes this determination while acknowledging Defendants’ argument that …
- Alfieri v. Frank - Unpublished Opinionsnjcourts.gov… Further, Defendant asserts that there is nothing to support Plaintiff’s assertion that she agreed to pay in cash … and “subject matter jurisdiction” involve “two separate…determinations.” Plaintiff asserts that subject-matter jurisdiction involves “a threshold determination as to whether the Court is legally authorized to …
- njcourts.gov… genuine issues of material fact that precluded the proper determination of the parties' claims on summary judgment. We … not address that issue because it is unnecessary to our determination of the arguments presented on appeal. 8 … court did not decide whether the summary judgment record supported plaintiffs' claim the 2016 operating agreements …
- njcourts.gov… bulkhead, wall, or any other structure or device that supports all or part of a building, or other structure. The … . . . , wall, or any other structure or device that supports all or part of a building, or other structure; (6) …
- STATE OF NEW JERSEY VS. DAVID BAKER (13-02-0100, PASSAIC COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… 13, 2019, and subsequently submitted a certification in support thereof. Defendant argued his 6 The trial judge … are satisfied these comments were not dispositive to the determination to deny the PCR petition.11 The PCR court based … credibility. There was ample evidence in the record to support the PCR court's findings. An evidentiary hearing was …
- STATE OF NEW JERSEY VS. MICHAEL A. TUCKER (14-06-1445, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record.'" … courts should reverse only when the trial court's determination is 'so clearly mistaken "that the interests of 6 … Demeter "where there were no surrounding circumstances to support probable cause that the cannister contained drugs." …
- njcourts.gov… the Legislative Intent and Purpose of N.J.S.A. 39:6A-4.5(a) Supports a Broad Reading of the Term "Operating." B. There … 601. Moreover, the Court noted the Legislature intended to support a "statutory policy of cost containment by ensuring …
- njcourts.gov… On June 27, 2019, approximately ten months after that determination, the judge held Vilu––again self-represented by … a daily violation rate of $100. The judge's finding was supported, in part, by photographs provided by neighbors … judge did not abuse his discretion because the fines were supported by the record and permissible under the Township …
- A.I.S. VS. N.A.R. (FV-02-0734-22, BERGEN COUNTY AND STATEWIDE) (RECORD IMPOUNDED) - Unpublished Opinionsnjcourts.gov… in any of defendant's contention, we affirm. I. The facts supporting issuance of the FRO are straightforward; the … Id. 10 A-1972-21 at 125. The trial court should make this determination "in light of the previous history of violence … Super. at 507. We accord significant deference to that determination. Id. at 508. Defendant summarily argues the …