Search Rutgers Law Library N.J. Court Opinions

316 IN THE MATTER OF MILDRED KERI, A MENTALLY INCOMPETENT PERSON -- rank: 547

... permission to engage in "Medicaid planning" on "her" behalf. Mildred's major asset is her home, where she now resides, and where she would like to remain. In essence, Richard's plan was to sell Mildred's home; put her in a nursing home that accepts Medicaid ... judge granted the guardianship application, ordered the sale of Mildred's home and her placement in a nursing home, but refused ... certifications were submitted from three medical experts attesting to Mildred's permanent, mental incompetence. Richard's brother, Charles, was present and did not object to ...

docket:	a5949-01
court:	njappellate
decided:	2002-12-19
status:	published
citation:	356 N.J. Super. 170
Document Size:	26240

317 STATE OF NEW JERSEY v. JOSEPH S. MACCHIA -- rank: 547

... 5473-17 STATE OF NEW JERSEY, Plaintiff-Respondent, v. JOSEPH S. MACCHIA, Defendant-Appellant. ________________________ Argued November 16, 2020 – Decided October ... defendant was convicted of second-degree reckless manslaughter, N.J.S.A. 2C:11-4(b)(1), and sentenced to a ... imprisonment, subject to the No Early Release Act, N.J.S.A. 2C:43-7.2. The charge stemmed from the ... in self-defense because the victim was reaching for defendant's gun. On appeal, defendant raises the following points for our consideration: POINT I THE TRIAL COURT'S ADMITTEDLY ERRONEOUS INSTRUCTION AS TO WHAT THE JURY WAS REQUIRED ... TO FIND IN ORDER TO DISALLOW SELF-DEFENSE (THE COURT'S INCORRECTLY REQUIRING THAT DEFENDANT 'DID NOT PROVOKE THE ENCOUNTER ...

docket:	a5473-17
court:	NJ Superior Court Appellate Division
decided:	2021-10-04
status:	Unpublished
citation:
Document Size:	131308

318 ROBERT PTASZYNSKI et al. v. EHIRI UWANEME -- rank: 547

... for fourth-degree resisting arrest, in violation of N.J.S.A. 10:5-1 to -42 (LAD). Prior to the ... was "left to him . . . he [would] knock all [of Ehiri's] front teeth out," at which point Salsano hit him in ... gave a different account of what took place at Ehiri's residence and at the police station. They testified that upon ... baton away. Ehiri "slammed" Olah into a wall, injuring Olah's upper back and neck; Ehiri "bull rushed" Ptaszynski against the wall, breaking the sheetrock, and injuring Ptaszynski's neck and shoulder.          At the same time, Kapinos, who had ... his eyes hurt; however, Ehiri was "belligerent," and refused Kapinos's offer to go to the eye wash station. Subsequently, ...

docket:	a5975-01
court:	njappellate
decided:	2004-07-21
status:	published
citation:	371 N.J. Super. 333
Document Size:	35295

319 K.M v. S.M.M -- rank: 547

... DOCKET NO. A-0135-09T4 K.M., Plaintiff-Respondent, v. S.M.M., Defendant-Appellant. ________________________________ July 28, 2011 Argued: April 6 ... The court found otherwise, concluding mother had endangered her children's health and safety by intentionally manipulating them and turning them ... divorce, alleging a variety of trial errors, including the court's failure to hold an independent hearing on the abuse allegations ... Mother also challenges the significant counsel fee award in father's favor. Based on our review of the voluminous record and ... advised it found no abuse of discretion by the prosecutor's office in declining to proceed and thus would not intervene ... amend her counterclaim to include a claim under N.J.S.A. 9:6-8.21 ("Title 9") and for ...

docket:	a0135-09
court:	NJ Superior Court Appellate Division
decided:	2011-07-28
status:	unpublished
citation:
Document Size:	183435

320 ROSEMARIE HABICK V. LIBERTY MUTUAL FIRE INC. CO. -- rank: 547

... denying her application to vacate or modify a PIP arbitrator's determination that certain medical treatment was not required as a ... and we otherwise affirm the orders appealed from.     After plaintiff's 1992 automobile accident, her PIP carrier, Liberty Mutual Fire Insurance ... and approved arthroscopic surgery on her right knee. When plaintiff's treating physician later recommended knee replacement in lieu of the ... denied payment on the basis of its own medical examiner's report. Plaintiff then filed for arbitration of her PIP claim, as permitted by N.J.S.A. 39:6A-5h. Because the other driver was uninsured ... at the time she sought relief from the PIP arbitrator's decision. See footnote 2 The UM arbitrators adjourned any ...

docket:	a2795-97
court:	njappellate
decided:	1999-03-31
status:	published
citation:	<a href=
Document Size:	59378

321 STATE OF NEW JERSEY v. CHRISTOPHER JOHN FASANO -- rank: 544

... John Fasano was convicted of second-degree burglary, N.J.S.A. 2C:18-2; third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(d); fourth-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(d); second-degree eluding, N.J.S.A. 2C:29-2(b); second-degree aggravated assault while fleeing, N.J.S.A. 2C:12-1(b)(6); and third-degree assault, N.J.S.A. 2C:12-1(a). After merging the convictions, ...

docket:	a1129-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-29
status:	unpublished
citation:
Document Size:	36911

322 IN THE MATTER CIVIL COMMITMENT OF G.G.N -- rank: 544

... Sexually Violent Predator Act (SVPA or the Act), N.J.S.A. 30:4-27.24 to -27.38. On appeal ... erroneously relied upon by the hearing court; and that appellant's conversations with state psychiatrists were inadmissible because they were not tape-recorded. We find merit in G.G.N.'s claim that the State failed to meet its burden of ... in In re Commitment of W.Z. , 173 N.J. 109 , 130-131 (2002); accord J.H.M. , supra , 367 N.J. Super. at 607; N.J.S.A. 30:4-27.32a. The standard of proof is ... 559-560 (2004) (declining to mandate the recordation of defendant's statements to police as a matter of due process). ...

docket:	A1133-02
court:	NJ Superior Court Appellate Division
decided:	2004-08-20
status:	published
citation:	372 N.J. Super. 42 855 A.2d 569
Document Size:	54734

323 SAYEED AL SHEHAB v. NEW JERSEY TRANSIT CORP P.O. -- rank: 544

... Ferlicchi, Deputy Attorney General, argued the cause for appellants (Christopher S. Porrino, Attorney General, attorney; Melissa H. Raksa, Assistant Attorney General ... heard a noise that led him to believe the iPad's owner was a passenger on the train. Plaintiff then boarded ... said the iPad could be taken to New Jersey Transit's Customer Service Office at the Hoboken terminal. 3 A-4705 ... Plaintiff was charged with theft of movable property, N.J.S.A. 2C:20-3(a). He was detained for approximately ... a summons. On October 22, 2013, the Hudson County Prosecutor's Office administratively downgraded the charge to a disorderly persons offense ... violation of the New Jersey Civil Rights Act, N.J.S.A. 10:6-1 to -2 (count four) and ...

docket:	a4705-16
court:	NJ Superior Court Appellate Division
decided:	2017-11-08
status:	unpublished
citation:
Document Size:	47557

324 STATE OF NEW JERSEY v. GARY TWIGGS -- rank: 544

... time permitted by the criminal statute of limitations, N.J.S.A. 2C:1-6. Contrary to the State's argument, we hold that the statutory tolling provision in N.J.S.A. 2C:1-6, for situations in which "the actor ... facts from the record. On June 16, 2009, defendant met S.T. 1 in a Wildwood Crest parking lot to purchase 150 tablets of prescription painkillers. As defendant and S.T. talked in the parking lot, a man wearing a mask approached, pointed a handgun at S.T. and defendant, and ordered them into defendant's ...

docket:	a4417-14
court:	NJ Superior Court Appellate Division
decided:	2016-03-22
status:	published
citation:	445 N.J.Super. 23 135 A.3d 981
Document Size:	80675

325 ARC FAMILY, LLC v. RALPH PARNES ASSOCIATES, INC. -- rank: 544

... Appellant/ Cross-Respondent. __________________________________ Argued December 17, 2007 - Decided Before Judges S. L. Reisner, Gilroy and Baxter. On appeal from the Superior ... Law Division, Essex County, Docket No. L-4751-03. Daniel S. Jahnsen argued the cause for appellant/cross-respondent (Bolan Jahnsen ... plaintiff Arc Family, LLC: 1) $1,610,000 for defendant's negligence in securing adequate replacement cost property insurance, together with ... 178,953.22; and 2) $37,641.88 for defendant's negligence in setting the policy limits for business interruption insurance ... 88 in business interruption damages. On May 30, 2006, defendant's motion for JNOV, or in the alternative, for a new ... in the center by an illuminated clock tower. The Building's exterior was comprised primarily of brick and stone, with ...

docket:	a5411-05
court:	njappellate
decided:	2008-04-24
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	161723

326 PRESBYTERIAN HOME AT PENNINGTON, INC. v. PENNINGTON BOROUGH, <br -- rank: 544

... whether it is exempt from local property taxation. N.J.S.A. 54:4-3.6 exempts “all buildings actually ... operated for the purpose of earning a profit for PHP’s parent, which is able to use those profits in connection ... if Stony Brook did qualify for exemption under N.J.S.A. 54:4-3.6, then exemption under the statute ... 2, the exemption in issue is not within the Legislature’s power to grant. Finally, the municipality contends that regardless of the court’s determination with respect to the other issues, PHP is not ... operated for hospital purposes within the meaning of N.J.S.A. 54:4-3.6. As for tax year ...

docket:	02348-02
court:
decided:	2007-06-14
status:
citation:
Document Size:	119715

327 STATE OF NEW JERSEY v. NORHAN FOSTER -- rank: 541

... third-degree possession of a controlled dangerous substance, N.J.S.A. 2C:39-7. The jury acquitted defendant of second ... possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4a. The trial judge sentenced defendant to ... capacity ammunition magazine. On appeal, defendant challenges the trial judge's denial of his pre-trial motion to suppress, refusal to declare a mistrial, rejection of defendant's attorney's adjournment application and the sentence imposed. With the exception of ... following: POINT ONE THE TRIAL COURT ERRED IN DENYING DEFENDANT'S MOTION TO SUPPRESS BECAUSE THE INFORMANT'S TIP WAS ...

docket:	A2864-03
court:	NJ Superior Court Appellate Division
decided:	2006-08-01
status:	unpublished
citation:
Document Size:	61074

328 STATE OF NEW JERSEY v. TROY HENDERSON -- rank: 541

... CURIAM By leave granted, the State appeals the Law Division's July 18, 2013 order granting defendant's motion to suppress evidence seized following a motor vehicle stop ... motor vehicle with excessively tinted windows, contrary to N.J.S.A. 39:3-75. Ferreiro ascertained that Henderson's driver's license was suspended. In addition, Henderson was unable to produce ... vehicle. After calling for a backup officer, Ferreiro requested Henderson's consent to search the car, which was refused. Ferreiro ...

docket:	a0032-13
court:	NJ Superior Court Appellate Division
decided:	2014-03-28
status:	unpublished
citation:
Document Size:	26931

329 IN THE MATTER OF THE CIVIL COMMITMENT OF T.H.M. SVP-480-07 -- rank: 541

... MATTER OF THE CIVIL COMMITMENT OF T.H.M. SVP-480-07 Submitted November 2, 2009 - Decided Before Judges Baxter and ... Superior Court of New Jersey, Law Division, Essex County, SVP- 480-07. Ronald K. Chen, Public Advocate, attorney for appellant T ... commitment under the Sexually Violent Predator Act (SVPA), N.J.S.A. 30:4-27.24 to -27.38. After reviewing ... the record and the applicable law, we affirm. Judge Perretti's thorough and well-reasoned forty-page oral decision was rendered ... his sentence for first-degree aggravated sexual assault, N.J.S.A. 2C:47-1, T.H.M. was evaluated at ... pursuant to the New Jersey Sex Offender Act, N.J.S.A. 2C:7-1 to -11. The child victim, ...

docket:	a4322-07
court:	superior court appellate division
decided:	2009-12-24
status:	unpublished
citation:
Document Size:	45556

330 /usr/local/share/www/libweb/collections/courts/appellate/a5266-07_1.opn.html -- rank: 541

... Dr. Pen C. Tao, manager and hydrologist of North Jersey's Source Water Management and Planning Department on behalf of North Jersey; Richard D. Grabowski, the Department's Supervising Environmental Specialist in the Division of Water Supply, Bureau ... for the Department. Pilar Patterson, Bureau Chief of the Department's Bureau of Surface Water Permitting, testified about the time required ... the applicable TMDLs limit. Barbara Hirst, Chief of the Department's Bureau of Environmental Analysis and Restoration within the Division of Watershed Management, testified concerning the Department's earlier rulemaking decision. Richard T. Dewling, a licensed professional engineer ... adopted there had been no objective substantiation of the Department's conclusion that conditional off-season limitations were "institutionally impracticable." ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	45062