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- njcourts.gov… "The scope of review of an administrative agency determination is limited." Del. Riverkeeper Network v. N.J. … or (4) the findings on which it was based were not supported by substantial, credible evidence in the record." … a permitting decision by the [DEP] is a quasi-judicial determination," though, "reasoned fact-finding is essential." …
- Dionicio Rodriguez v. Shelbourne Spring, LLC (089044) (Union County and Statewide) - Published Opinionsnjcourts.gov… with public policy. And more specific legal developments support the validity of the exclusions here. After the Court … But courts cannot “engage in a strained construction to support the imposition of liability or write a better policy … with public policy. And more specific legal developments support the validity of the exclusions here. In two …
- njcourts.gov… standard of review for Daubert-based expert reliability determinations in criminal appeals. N.J.S.A. 39:4-50 prohibits … Finding that the record was not sufficient to make that determination, the Court asked a Special Master to conduct a … content and conclusions. He determined that they “support the State’s position that the DRE protocol has …
- STATE OF NEW JERSEY VS. JAMAL C. NURSE (15-07-0704, MORRIS COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… 11:00 p.m. on July 19, 2014, two employees of a children's store, M.D.3 and M.W., left the business after it … We accept those findings of the trial court that are "supported by sufficient credible evidence in 17 A-3528-16T3 … discussed, considered a number of factors in reaching its determination that the proposed identifications were …
- STATE OF NEW JERSEY VS. JOHN R. QUACKENBUSH (13-08-0676, UNION COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… so long as sufficient credible evidence in the record supports those findings. Those factual findings are entitled … (1964)).] We will "reverse only when the trial court's determination is 'so clearly mistaken that the interests of … blurt out" and was therefore admissible. This determination was reasonable, as illustrated in State v. …
- njcourts.gov… action against Allen. Further, there is no evidence to support the assertion [that] Fromosky violated the … during work hours and . . . on a [T]ownship computer." To support those claims, Buzby attached a copy of the email … and application of the Tort Claims Act (TCA) is a legal determination that we review de novo. See Jones v. Morey's …
- njcourts.gov… Brewer and Gannon were decedent Leokadia Jenson's only children. Decedent suffered from physical infirmities, … charity." The judge concluded Brewer's theory and the supporting facts "remain tenuous and require great logical … untimely. Our standard of review is deferential. "[F]ee determinations by trial courts will be disturbed only on the …
- STATE OF NEW JERSEY VS. KYLE P. BROWN (16-10-1680, MIDDLESEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… evidence). 21 A-3588-17T4 was proper because the evidence supported the jury's guilty verdict on count four that … to admissibility is satisfied by evidence sufficient to support a finding that the matter is what its proponent … State v. Nantambu, 221 N.J. 390, 395 (2015). The determination is "a highly fact-sensitive analysis, requiring …
- STATE OF NEW JERSEY VS. JOSEPH J. TALAFOUS (16-05-0072, HUDSON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… funeral expenses, and to make certain payments to her children. Both Delores and Thomas testified, however, that … Utilizing an abuse of discretion standard for evidentiary determinations, we find none. The record reflects the State … that his convictions of the theft charges were not supported by the evidence because the State failed to …
- njcourts.gov… if those were the submissions upon which he relied in support of his arguments. Defendant did not respond directly … defendant to address the factors relevant to its determination in accordance with our Supreme Court 's decision … evaluation, Your Honor. The court also explained that its determination defendant could not represent himself at trial …
- njcourts.gov… of liability and sought reformation of the Guaranty. In support of its cross-motion, plaintiff submitted a … "An appellate court reviews de novo the trial court's determination of the motion to dismiss under Rule 4:6-2(e)." … in the record, and we see no reason to disturb his determination. VIII. Next, defendants contend that Judge Booth …
- STATE OF NEW JERSEY VS. ASHA A. PATTERSON (15-12-1080, MORRIS COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… waived them. We discern no "clear mistake" in that determination. See S.S., 229 N.J. at 381. II Defendant claims … "the tiny amount of marijuana recovered" would have only supported a disorderly person's charge. While the prosecutor … crimes evidence instruction was "essential to a fair determination," necessitated reversal of that defendant's …
- njcourts.gov… of $75,000. Pre-trial, the judge reserved for the jury's determination whether plaintiffs had proven a pattern of fraud … VERDICT BECAUSE THE RECORD CONTAINED SUFFICIENT EVIDENCE TO SUPPORT THE VERDICT. A. The Court nullified a sustainable … THE EVIDENCE AND THE COURT'S PREFERENCES FOR THE JURY'S DETERMINATION; THERE WAS NO GROUND TO DISTURB THE JURY VERDICT …
- NANCY L. HOLM, ETC. VS. DANIEL M. PURDY (L-0098-17, MONMOUTH COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… was survived by his wife, Nancy L. Holm, and two young children. 5 A-1529-19 On January 6, 2017, plaintiff filed a … genuine issues of material fact required credibility determinations by a jury, as did whether Purdy's actions rose … truck." He was later pronounced dead at the hospital. In support of his motion, Purdy argued that he only owed a …
- njcourts.gov… ranged from $4,420,000 (2013) to $4,660,100 (2017). To support its contention that Hazlet over-valued the property, … in any manner, in any jurisdiction, concerning the determination of assessments." Id. at 123-24 (citation … for VNO. In any event, the DAG cautioned that "no formal determination" could be made in the abstract. Id. at 3. Nor …
- njcourts.gov… TRIAL. POINT VI THERE WAS INSUFFICIENT RELIABLE EVIDENCE TO SUPPORT THE DEFENDANT'S CONVICTIONS BEYOND A REASONABLE … 18 A-5915-17 At that point, we reversed our previous determination and concluded that in order to meet the … The court did not otherwise make any independent determination as to what was stated on the record and, …
- njcourts.gov… area surrounding the intersection also included an early childhood development center and Camden High School. … he was familiar with the area. He stated he knew two children were riding on their bikes because when Sarson was … the person shown. But additional evidence in the record supports the judge's decision that defendant's confession …
- njcourts.gov… parties appeared for argument on the severance motion. In support of his application, defense counsel claimed that … stop, absolutely." Therefore, we agree with the judge's determination that the other-crimes evidence was relevant to … knew he had herpes. Thus, we agree with the judge's determination that the second Cofield prong was satisfied. 27 …
- STATE OF NEW JERSEY VS. WEEDJY J. MILIEN (17-10-3110, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… 96 N.J. 640, 646–47 (1984). The Court held that this determination "is one that is peculiarly within the competence … inference that the issuance of a warrant by a judge supports the rendering of a verdict"). Importantly, the … must be reversed. Because probable cause is a legal determination, we review the record de novo. S.S., 229 N.J. at …
- njcourts.gov… and "warned later," invalidating his Miranda waiver. He supports this argument by highlighting that the same … he was 22 A-4408-18 confronted with an implied threat his children would be removed from his care and he was not … N.J. 22, 47 (2019). This deference extends to a court's determinations based not only on live testimony but also when …