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32176 ANNA ANTONINICH v. BIANCA HALLOWAY -- rank: 638

... s complaint for failure to serve the notice required under N.J.S.A. 59:8-4 of the Tort Claims Act within the ninety-day period provided for in N.J.S.A. 59:8-8, and granting plaintiff's cross-motion to ... warranting the extension of the ninety-day deadline provided in N.J.S.A. 59:8-9. Defendants argue the record does not support ... information about the accident purporting to satisfy the requirements of N.J.S.A. 59:8-4. The envelope containing this letter was stamped ... November 8, 2011 for Election Day, the due date under N.J.S.A. 59:8-8 was November 7, 2011, because that was ... the untimeliness of the service under the timeframe established in N.J.S.A. 59:8-8. Plaintiff served defendants with a civil ...

docket:	a2849-12
court:	NJ Superior Court Appellate Division
decided:	2014-04-04
status:	unpublished
citation:
Document Size:	18477

32177 GERARD MCGLINSEY - v. GEORGE H. BUCHANAN COMPANY -- rank: 638

... that the language of the Workers' Compensation Act (the Act), N.J.S.A. 34:15-1 to -142, is to be liberally construed ...

docket:	a4653-08
court:	superior court appellate division
decided:	2010-09-30
status:	unpublished
citation:
Document Size:	26336

32178 WILLIAM LOFTWICH V. WILLIAM H. FAUVER -- rank: 638

... BAIME, J.A.D.     When the Code of Criminal Justice ( N.J.S.A. 2C:1-1 to 104-9) was originally enacted, N.J.S.A. 2C:44-5c provided that when a defendant is sentenced ... 1984, this section was amended. L. 1983, c. 462, §1. N.J.S.A. 2C:44-5c now provides that when a defendant is ... effective date.     Appellant erroneously casts his argument in terms of N.J.S.A. 2C:44-5b. See State v. Richardson , 208 N.J ... 1985); Cannel, New Jersey Criminal Code Annotated , comment 4 on N.J.S.A. 2C:44-5 (1995).     Clearly, N.J.S.A. 2C:44-5c is the applicable statute. To repeat, ...

docket:	a1647-94
court:	njappellate
decided:	1995-10-19
status:	published published
citation:	<a href=
Document Size:	22826

32179 /usr/local/share/www/libweb/collections/courts/appellate/a2123-12xx.opn.html -- rank: 638

... left work "voluntarily without good cause attributable to such work," N.J.S.A. 43:21-5(a), and required her to make repayment ... of the benefits paid for which she was not entitled. N.J.S.A. 43:21-16(d). Our examination of the record, in ... Appeal Tribunal determined Wilson was disqualified for benefits pursuant to N.J.S.A. 43:21-5(a), because she resigned her position without ... return the benefits she had already received in accordance with N.J.S.A. 43:21-16(d). Wilson appealed the final decision and ... 245 (App. Div. 1985). In order to avoid disqualification under N.J.S.A. 43:21-5(a), a claimant must demonstrate that the ... received is supported by substantial, credible evidence. The governing statute, N.J.S.A. 43:21-5(a), provides that a claimant may ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	20219

32180 PATRICIA CAPASSO GALLO v. CITY OF ATLANTIC CITY -- rank: 638

... claim (count twelve) under the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -8. The judge granted defendants' motion ... grounds for granting her the sought-for appointment and tenure, N.J.S.A. 54:1-35.31(1), much less compensatory and punitive ... and conclusions of the motion judge. We also discern that N.J.S.A. 34:19-8, providing that institution of an action under ... to her complaints made to superiors, that she relies upon N.J.S.A. 34:19-3(a), and to some extent -3(c ...

docket:	a3188-11
court:	NJ Superior Court Appellate Division
decided:	2013-05-29
status:	unpublished
citation:
Document Size:	24057

32181 STATE OF NEW JERSEY v. G.M. -- rank: 638

... her ensuing conviction of fourth-degree child abuse or neglect, N.J.S.A. 9:6-1 and N.J.S.A. 9:6-3. Applying the strong judicial deference required in ... counts of second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a) (counts six and ten), and two counts of fourth-degree child abuse or neglect, N.J.S.A. 9:6-1 and 9:6-3 (counts seven and ...

docket:	a5302-15
court:	NJ Superior Court Appellate Division
decided:	2017-10-18
status:	unpublished
citation:
Document Size:	16565

32182 IN THE MATTER OF THE CIVIL COMMITMENT OF R.G. -- rank: 638

... 20, 2009, pursuant to the Sexually Violent Predator Act (SVPA), N.J.S.A. 30:4-27.24 to -27.38. We affirm, substantially ... confined in a secure facility for control, care and treatment." N.J.S.A. 30:4-27.26. [T]he State must prove that ...

docket:	a5430-07
court:	njappellate
decided:	2008-12-17
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	36398

32183 STATE OF NEW JERSEY v. LANCE KNOLMAYER -- rank: 638

... constitutionally required burden of proof for a refusal conviction under N.J.S.A. 39:4-50.4a, is proof beyond a reasonable doubt ... the statutory burden of proof specified by the Legislature in N.J.S.A. 39:4-50.4a, was found to be unconstitutional, Cummings ... Cummings , supra , 184 N.J. at 89, "for prosecutions under N.J.S.A. 39:4-50.4a, the State must prove the statutory ... or a narcotic, hallucinogenic, or habit-producing drug or marijuana. [ N.J.S.A. 39:4-50.4a.] The inclusion of probable cause as ... his prior DWI conviction when imposing the enhanced penalties of N.J.S.A. 39:4-50.4a. Our decisions are clear on this ...

docket:	a5000-05
court:	njappellate
decided:	2007-03-08
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	32000

32184 STATE OF NEW JERSEY v. KEVIN GUMBS -- rank: 638

... No. 09-03-0573 with third-degree possession of cocaine, N.J.S.A. 2C:35-10a(1) (count one); third-degree possession of ... more than one ounce of marijuana with intent to distribute, N.J.S.A. 2C:35-5b(11) (count two); third-degree possession of ... to distribute while within 1000 feet of a school zone, N.J.S.A. 2C:35-7 (count three); and second-degree possession of ... within 500 feet of a public park or housing facility, N.J.S.A. 2C:35-7.1 (count four). On May 12, 2009 ... with the intent to distribute. Our case law indicates that N.J.S.A. 2C:35-7 and N.J.S.A. 2C:35-7.1 require possession with intent to ...

docket:	a1671-13
court:	NJ Superior Court Appellate Division
decided:	2015-07-16
status:	unpublished
citation:
Document Size:	18363

32185 STATE OF NEW JERSEY v. JAMES R. SMITH -- rank: 638

... JURY ON THE LESSER INCLUDED OFFENSE OF HARASSMENT PURSUANT TO [ N.J.S.A. ] 2C:33-4. B. IF IT WAS PROPER TO SUBMIT ... SPONTE CHARGED THE LESSER INCLUDED OFFENSE OF HARASSMENT PURSUANT TO [ N.J.S.A. ] 2C:33-4. POINT VII THE MATTER MUST BE REMANDED ...

docket:	a5937-13
court:	NJ Superior Court Appellate Division
decided:	2017-01-09
status:	unpublished
citation:
Document Size:	21472

32186 STATE OF NEW JERSEY v. DARWIN GODOY -- rank: 638

... convicted of one count of conspiracy to commit armed robbery, N.J.S.A. 2C:5-2, 15-1; one count of conspiracy to commit murder, N.J.S.A. 2C:5-2, 11-3; armed robbery, N.J.S.A. 2C:15-1; murder, N.J.S.A. 2C:11-3a; two counts of second-degree manslaughter as a lesser-included offense of murder, N.J.S.A. 2C:11-4, 2-9b; and three counts of felony murder, N.J.S.A. 2C:11-3a(3). Defendant appealed his convictions and ...

docket:	a2439-09
court:	NJ Superior Court Appellate Division
decided:	2011-07-22
status:	unpublished
citation:
Document Size:	24916

32187 D.M. v. OCEAN COUNTY WELFARE AGENCY -- rank: 638

... her Emergency Assistance (EA) benefits that she had sought under N.J.S.A. 44:10-51 and N.J.A.C. 10:90 ... New Jersey (WFNJ)/Temporary Assistance for Needy Families (TANF) program, N.J.S.A. 44:10-34 et seq. , N.J.A.C. 10 ... federal grants to states for temporary assistance to needy families); N.J.S.A. 44:10-55 et seq. (establishing, pursuant to federal legislation ...

docket:	A1756-05
court:	NJ Superior Court Appellate Division
decided:	2007-02-21
status:	unpublished
citation:
Document Size:	29781

32188 WILLIAM WALDMAN,, ET AL VS LISA ANN CANDIA, ET AL -- rank: 638

... C. §1396k (1992).] New Jersey participates in Medicaid pursuant to N.J.S.A. 30:4D-2.     Medicaid benefits are "last resource" benefits. Ibid ... v. Medford , 74 N.J. 360 , 366 (1977). Pursuant to N.J.S.A. 30:40D-7, the State may recover payments made on ... medical care that the Medicaid recipient becomes able to afford. N.J.S.A. 30:4D-2.     Having stated the general principles which govern ...

docket:	a0347-97
court:	njappellate
decided:	1999-01-28
status:	published
citation:	317 N.J.Super. 464
Document Size:	21438

32189 STATE OF NEW JERSEY v. PATRICIA SOUL -- rank: 638

... 2003, defendant was arrested and charged with driving while intoxicated, N.J.S.A. 39:4-50, and failure to maintain a lane, N.J.S.A. 39:4-88. The following day she appeared in Bound ...

docket:	A2149-04
court:	NJ Superior Court Appellate Division
decided:	2006-01-06
status:	unpublished
citation:
Document Size:	78475

32190 SVETLANA KARASINA v. STATE OF NEW JERSEY -- rank: 638

... but medical providers. We disagree. The Administrative Procedure Act (APA), N.J.S.A. 52:14B-8 provides in relevant part: [A]n agency ... suited to interpret the statute upon which plaintiffs rely. See N.J.S.A. 52:14- 17.29(A)(1)(e)(v)(2) ('[T ...

docket:	a6338-08
court:	superior court appellate division
decided:	2010-09-08
status:	Unpublished
citation:
Document Size:	14669