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- njcourts.gov… or (4) the findings on which it was based were not supported by substantial, credible evidence in the record." … 402 N.J. Super. 587, 597 (App. Div. 2008). "Where the determination of the operational facts is committed to the … bound by the agency's interpretation of a statute or its determination of a strictly legal issue." Utley v. Bd. of …
- STATE OF NEW JERSEY VS. DELSHON J. TAYLOR JR. (18-07-0257, SALEM COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… [p]rosecutor's [o]ffice." The court concluded the State's determination to not grant the Graves waiver was not a patent … on appellate review, a trial court's factual findings in support of granting or denying a motion to suppress must be upheld when "those findings are supported by sufficient credible evidence in the record."'" …
- njcourts.gov… if 'the factual allegations are palpably insufficient to support a claim upon which relief can be granted.'" (quoting … to any other method, form or amount of compensation or determination thereof than as provided in this article"). … ("The complaint should be laid alongside the policy and a determination made as to whether, if the allegations are …
- njcourts.gov… waived when the party failed to include any arguments supporting the contention in its brief). A-0603-21 10 of … Tax 85, 92 (Tax 1980)).] We start our analysis with a determination of whether plaintiffs' claims, although couched … of taxation. Our interpretation of plaintiffs' claims is supported by the well - established premise that monetary …
- STATE OF NEW JERSEY VS. TYRONE K. RAYMOND (21-01-0019, MERCER COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… car keys to both her car and her mother's Toyota, and her children's Xbox. She called the police who discovered a bike … claiming he "was not harming anybody" but simply "trying to support" himself. He described burglarizing homes and cars … 16 A-0684-21 Even where we decide an evidentiary determination constituted an abuse of discretion, "we must …
- njcourts.gov… calculations, in the context of an applicability determination or otherwise, for the purposes of determining … but also involved excavating part of their own property. To support their objections, the Dewings commissioned a report … bound by the agency's interpretation of a statute or its determination of a strictly legal issue.'" Ibid. (quoting In …
- JOSEPH BERARDO VS. CITY OF JERSEY CITY, ET AL. (L-0324-21, HUDSON COUNTY AND STATEWIDE) - Published Opinionsnjcourts.gov… Section 105 permits any individual to request a determination of significance from the City's Historic … who owns a circa-1900 building in Jersey City, sought a determination of significance before applying for a demolition … the ZBA's resolution was 11 A-1342-21 "defective," "unsupported by the evidence," and ZBA failed to "turn square …
- njcourts.gov… which relief can be granted pursuant to Rule 4:6-2(e). In support of its motion, the Township submitted its attorney's … with prejudice and for an award of fees and costs. In support of their motion, they submitted the certification of …
- njcourts.gov… farm opportunities, birthday parties, receptions, children's farm camp," and pick-your-own events. Alstede … seasonal and part time workers ." Asdal claims, with the support of arial photos in the record, that the farm has … with the Stormwater Management Rules. Once that determination has been made and provided to 6 A-0229-21 the …
- njcourts.gov… with plaintiff's contentions and conclude there is no support for plaintiff's claim that her future medical costs … from the No-Fault Act to UCJF PIP claims). Thus, we find no support in the law for plaintiff's contention that N.J.S.A. … her PIP benefits. We therefore disagree with the court's determination that "future surgery expenses are, by nature, …
- njcourts.gov… you know, in order for the grand jury to make an adequate determination and Gaughran says in order to assure an … III NOTIONS OF JUDICIAL FAIRNESS, EFFICIENCY AND ECONOMY SUPPORTED WAITING TO RE- PRESENT THE CASE UNTIL THE MOTION … on purely a legal question, however, we review that determination de novo." State v. Twiggs, 233 N.J. 513, 532 …
- STATE OF NEW JERSEY VS. STEPHANIE MARTINEZ (22-02-0395, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… only "whether the evidence in the record was sufficient to support a conviction on any count on which the jury found … a defendant requests a lesser-related charge, the court's determination of whether to permit the charge shifts to the … to the trial court's attention. The standard requires a determination of whether there was error and whether that …
- njcourts.gov… loss doctrine, and there is insufficient evidence to support Enclave’s breach of contract claims. Elite also … preclude subsequent claims: Except for the arbitrator’s determination itself, any such determination shall not be considered final in any legal …
- njcourts.gov… we may consider extrinsic evidence. That evidence lends support to the above reading of the rules. As noted earlier, … withdraw from a case, due to a conflict of interest.” For support, Opinion 745 cited ACPE Opinion No. 613, among other …
- LORETA ORBEA VS. ROGER B. BUTLER, ET AL. (L-1398-14, HUDSON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… extent of plaintiff's alleged injuries and render its own determination as to the etiology of plaintiff's complaints and … a motion to reopen and extend the discovery end date. In support of the motion, plaintiff's attorney certified that … (App. Div. 2007). "Our standard of review is limited to a determination of whether the trial court mistakenly exercised …
- STATE OF NEW JERSEY VS. RICHARD CARRERA (17-04-0908, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… the cell phone's connection to that tower is sufficient to support the call. A cell phone can communicate with a tower … test data renders an expert's opinion on signal strength unsupported); United States v. Sepulveda, 115 F.3d 882, 891 … the expert's testimony lacked precision and thus did not support the particular premise at issue). This court has …
- njcourts.gov… defendant's explanation of excusable neglect was "wholly unsupported by evidence, vague, and barely even the 'plausible … trial attorney's] purported errors 'played a role in the determination of guilt,' and so [defendant] [could not] … the deficient representation of counsel affected 'a determination of guilt or otherwise wrought a miscarriage of …
- njcourts.gov… affair which a male counterpart would not. The record supported the judge's observations that such rumors might … assignment because of the relationship, and that such a determination should be made by the jury. For example, … "When a trial court admits or excludes evidence, its determination is 'entitled to deference absent a showing of an …
- STATE OF NEW JERSEY VS. JASON CROZIER (14-04-0042, SUSSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… of material fact under the statute. This conclusion is supported by Goodwin. There, the Court found that N.J.S.A. … "the evidence relied 25 A-2520-17T4 upon by the State to support the . . . convictions was identical[,] [m]erger is …
- STATE OF NEW JERSEY VS. STEPHEN L. COPELAND (14-08-0964, MERCER COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… 451 (1972)). Here, the trial court's findings are amply supported by the record. In view of Anderson's testimony … 208 N.J. 208, 289 (2011). In any event, the record amply supports the trial court's determination that Anderson's out-of-court identification of …