-
njcourts.gov
… (2) whether the record contains substantial evidence to support the findings on which the agency based its action; … Univ. v. Doe, 536 U.S. 273, 283 (2002), to require a determination of "whether, by enacting the statute, the … an issue cannot be "decid[ed] without an initial policy determination of a kind clearly for nonjudicial discretion," a …
-
njcourts.gov
… and personnel unless a court concludes that the determination of the public entity was palpably unreasonable. … have been provided a public entity may be liable for its determination of priorities in the application of such … address and . . . tree." Castro's counsel certification in support of the motion stated that during a deposition of a …
-
njcourts.gov
… She contends the court erred in its choice of law determination, and alternatively, in dismissing her complaint … states and the relative interests of those states in the determination of the particular issue; (d) the protection of … nature, requiring substantially different evidence in support of the claim or defense," because defendant would …
-
njcourts.gov
… Dollars.3 On September 12, 2023, the Director issued a determination letter denying plaintiff’s claim for a refund of the Mansion Tax (“Timeliness Determination letter”). Referencing Chapter 33, P.L. 2006 … reviewed the certifications and exhibits submitted in support of, and in opposition thereto, the court finds that …
-
njcourts.gov
… failed to receive a fair trial in light of repetitive, unsupported descriptions of facts made by the prosecutor … was "replete" with descriptions of facts that were never supported. Id. at 270-71. Also, the evidence the State …
-
njcourts.gov
… in the record, and the passage of time alone could not support the court's finding. Furthermore, unlike the …
-
njcourts.gov
… 236, 250 (2001). We further concur with the trial court's determination that equity requires plaintiff to discharge the … facts, we discern no error in the court's equitable determination that plaintiff's inappropriate actions … payoff amount to the borrowers' loan and that equity supports discharging the mortgage, we need not address the …
-
njcourts.gov
… evidence in the case that you consider relevant to your determination whether the identifications were reliable. . . . … the Court noted: [S]ome of the factors pertinent to the determination of intoxication sufficient to satisfy the test … and argument. Finally, considering the substantial evidence supporting defendant's guilt the prosecutor's remarks did …
-
njcourts.gov
… agreed with the State that defendant "advanced no proofs to support his claim of prejudice or anxiety." "[P]roof of …
-
njcourts.gov
… Schlesinger argued the cause for respondents (Golden Rothschild Spagnola Lundell Boylan & Garubo, PC, attorneys; Eric … 564, 569 (App. Div. 1991). "As a practical matter, the determination of an insurer's duty to defend requires review … of the rates proposed by prevailing counsel in support of the fee application." Furst v. Einstein Moomjy, …
-
njcourts.gov
… "We review the Attorney General's administrative determination in accordance with a deferential standard of … 539 (1980)). We will "not reverse the Attorney General's determination unless 10 A-5650-16T4 it is arbitrary, capricious or unreasonable or it is not supported by substantial credible evidence in the record as …
-
njcourts.gov
… such as leaving work early to go to the gym, picking up his children during work hours, and neglecting to cover the cash … be denied "[i]f, accepting as true all the evidence which supports the position of the party defending against the … original jurisdiction as is necessary to the complete determination of any matter on review." Original jurisdiction …
-
njcourts.gov
… he had an actionable claim against defendant. The record supports the trial court's determination. On January 20, 2010, Linkovitch, the Borough's …
-
njcourts.gov
… by the same standard that governs the motion judge's determination." Caraballo v. City of Jersey City Police Dep't, … contradicted Ruane's version of those prior shootings and supported his claim that the municipal defendants' IA …
-
njcourts.gov
… was attributable to Robert's claim. Robert then sought a determination as to the amount of the settlement that … is not subject to the section 40 lien. The record does not support the conclusion that plaintiffs sought the allocation …
-
njcourts.gov
… of counsel (IAC), and was assigned PCR counsel. To support his petition, defendant certified his "attorney … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing. State … Padilla v. Kentucky, 559 U.S. 356, 372 (2010)). That determination should be "based on evidence, not speculation." …
-
njcourts.gov
… RELATIONS. POINT III: THERE WAS NO FACTUAL BASIS TO SUPPORT [DEFENDANT]'S PLEA; THUS [DEFENDANT]'S SENTENCE WAS … the sense that an error or violation played a role in the determination of defendant's guilt in order to overcome the …
-
njcourts.gov
… 13 A-5991-17T1 [i]n our view, 'so far as possible' supports that the Legislature wanted the limitation so far …
-
njcourts.gov
… things needed are homeowners insurance, executed flood determination notice, and proof of deposit, which . . . the … While the judge "must accept as true all the evidence which supports the position of the party defending against the … summary judgment was appropriate, as, given our foregoing determinations, D'Agostino failed to prove that the Carlin …
-
njcourts.gov
… that defense counsel's argument had no merit or was not supported by legal or scientific authority. We are mindful …