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421 C.W. v. DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES -- rank: 455

... of Social Services (UCDSS) erred in downwardly adjusting C.W.'s Medicaid ineligibility penalty previously assessed for transferring assets for less ... who paid that amount to the nursing home. C.W.'s home was returned to her on August 22, 2008, and ... account would be deposited into an account in C.W.'s name to pay for the nursing home. 2 The agreement ... relied upon the $304,752.25 in cash C.W.'s children never returned and the proceeds of $252,272.79 ... penalty period would run from the date of C.W.'s original penalty, February 1, 2008, through June 15, 2014. The ... her assets. UCDSS asserted these proceeds were not C.W.'s resources, but uncompensated-for transfers, since they were deposited ...

docket:	a2352-13
court:	NJ Superior Court Appellate Division
decided:	2015-08-31
status:	unpublished
citation:
Document Size:	30600

422 CYNTHIA MILLER v. BOARD OF TRUSTEES PUBLIC EMPLOYEES' RETIREMENT SYSTEM -- rank: 455

... fulfilling her job responsibilities at NJSPB. The Board denied Miller's application in August 2011. Following the Board's denial of her application for reconsideration, Miller appealed the decision ... O., her expert, and Jeffrey Lakin, M.D., the Board's expert. Weiss concluded that the "sum total of her musculoskeletal ... the lumbar spine have had a direct impact upon [Miller's] abilities to perform her activities of daily living." He further ... Lakin because he was an active orthopedic surgeon and Weiss's opinion was based largely on subjective factors and complaints. The ... 2010 ankle surgery. The ALJ described the issue of Miller's neck pain as more complicated, characterizing Miller's testimony ...

docket:	a1518-12
court:	NJ Superior Court Appellate Division
decided:	2014-08-06
status:	unpublished
citation:
Document Size:	26698

423 STATE OF NEW JERSEY v. ANTHONY O'NEAL -- rank: 448

... with intent to distribute in a school zone, N.J.S.A. 2C:35-7 and N.J.S.A. 2C:35-5(a), third-degree possession of CDS with intent to distribute, N.J.S.A. 2C:35-5(a)(1), and possession of CDS, N.J.S.A. 2C:35-10(a)(1). After merger, he was ... will discuss the pertinent trial events when we address defendant's appellate arguments. We briefly summarize the trial evidence as background ... He observed defendant put a cigarette pack in the car's trunk, enter the vehicle, and begin driving away. Alexander ...

docket:	a4318-13
court:	NJ Superior Court Appellate Division
decided:	2015-12-15
status:	unpublished
citation:
Document Size:	21483

424 CANDICE DUNCAN v. VERIZON -- rank: 448

... Cecilia Meade, Thomas Crowder and Marquita Carter. We affirm. DUNCAN'S FACTUAL ASSERTIONS The following material facts are viewed in the ... began working as an executive assistant for defendant McFarland, Verizon's Marketing Director. At the time, defendant Crowder was the Marketing Group's Vice President. Cecilia Meade was his executive assistant. Approximately a ... point during the event, Parrish placed his hand on Duncan's lower back and said "you know I've liked you ... blame a brother for trying." Duncan did not find Parrish's behavior objectionable. Nonetheless, McFarland learned of the incident from Brown ... ll take care of you." Duncan did not report McFarland's request to the compliance manager who handled a subsequent ...

docket:	a2102-09
court:	NJ Superior Court Appellate Division
decided:	2011-07-11
status:	unpublished
citation:
Document Size:	45201

425 IN THE MATTER OF CIVIL COMMITMENT OF W.M.V. -- rank: 448

... STU) under the Sexually Violent Predator Act (SVPA), N.J.S.A. 30:4-27.24 to -27.38. He argues ... sentencing under the New Jersey Sex Offender Act, N.J.S.A. 2C:47-1 to -10. W.M.V. was ... Diagnostic Treatment Center (ADTC), because, upon examination, W.M.V.'s actions were found to be part of a "compulsive, repetitive ... by Dr. Hilton Miller who concluded that W.M.V.'s gains in treatment at the ADTC were restricted by his ... of Dr. Howard Gilman, who concluded that W.M.V.'s "cognitive limitations and his lack of social support is a ... confronted with stressful situations". In view of W.M.V.'s pending release from prison, the State filed a petition ...

docket:	A1069-03
court:	NJ Superior Court Appellate Division
decided:	2005-12-28
status:	unpublished
citation:
Document Size:	44535

426 /usr/local/share/www/libweb/collections/courts/appellate/a3365-14.opn.html -- rank: 445

... denied , 182 N.J. 425 (2005); see also 42 U.S.C.A. § 1396-1. Although a state is not ... statutes and federal regulations. See Harris v. McRae , 448 U.S. 297 , 301, 100 S. Ct. 2671 , 2680, 65 L. Ed.2d 784 , 794 (1980); United ... Super. 1 , 4 (App. Div. 2002); see also 42 U.S.C.A. § 1396a(a) and (b). The state must ... v. Div. of Med. Assistance & Health Servs. , 140 N.J. 480 , 484 (1995)), and "provide for taking into account only ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	28798

427 YESSENIA MONTALVO v. POLICE AND FIREMEN'S RETIREMENT SYSTEM -- rank: 445

... A-0 YESSENIA MONTALVO, Petitioner-Appellant, v. POLICE AND FIREMEN'S RETIREMENT SYSTEM, Respondent-Respondent. __________________________________ March 6, 2015 Submitted January 7 ... On appeal from the Board of Trustees, Police and Firemen's Retirement System. Fusco & Macaluso Partners, LLC, attorneys for appellant (Amie ... respondent (Melissa H. Raksa, Assistant Attorney General, of counsel; Jeff S. Ignatowitz, Deputy Attorney General, on the brief). PER CURIAM Petitioner ... the Board of Trustees (Board) of the Police and Firemen's Retirement System denying her application for accidental disability benefits. We ... while on duty. On September 19, the Board denied Montalvo's application. Although it found that Montalvo was "totally and permanently ... of the member of another person." Montalvo appealed the Board's determination and the matter was transferred to the Office ...

docket:	a0377-13
court:	NJ Superior Court Appellate Division
decided:	2015-03-06
status:	unpublished
citation:
Document Size:	22980

428 STATE OF NEW JERSEY v. GREGORY SMITH -- rank: 442

... judgment of conviction for third-degree aggravated assault, N.J.S.A. 2C:12-1(b)(7), and third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(d). Smith argues that the trial ... of proof related to self-defense, failed to merge Smith's possession of a weapon for an unlawful purpose conviction with ... South Bound Brook apartment of Crystal Williams —— Smith's former girlfriend —— to retrieve some belongings that he ... Upon entering the apartment, Smith viewed Lassiter asleep in Williams's bed. Believing Lassiter to be Williams, Smith demanded the return ... meet with Detective Justin Berger of the Somerset County Prosecutor's Office, where Smith waived his Miranda 1 rights, and ...

docket:	a5365-11
court:	NJ Superior Court Appellate Division
decided:	2013-11-18
status:	unpublished
citation:
Document Size:	24727

429 NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION v. ASDAL BUILDERS, LLC -- rank: 439

... Greenhouse, Deputy Attorney General, argued the cause for respondent (Jeffrey S. Chiesa, Attorney General, attorney; Melissa H. Raksa, Assistant Attorney General ... location on the property. In March, Asdal applied to DEP's Division of Land Use Regulation for the waiver, a letter ... copy of the recorded conservation before beginning regulated activities. DEP's cover letter to Kruger, Asdal's agent, contained the following provision: Prior to site preparation, the ... of $45,000. The penalty notice was issued for Asdal's failure to record the conservation restriction prior to engaging in ... decision to DEP and upheld the penalty assessed. Despite Asdal's argument that he did not knowingly violate the terms ...

docket:	a4616-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-25
status:	unpublished
citation:
Document Size:	28626

430 RIVER VALE AT HOLIDAY FARMS CONDOMINIUM ASSOCIATION APARTMENT SECTION, INC v. GREATER NEW YORK MUTUAL INSURANCE COMPANY -- rank: 439

... a policy of insurance for water damage caused to plaintiff's building by a burst water pipe. It also appeals from ... jury. During the trial, Judge De La Cruz granted plaintiff's motion to exclude the testimony of one of its two ... cause of the pipe bursting. The judge concluded that Reilly's report contained only a net opinion. The judge denied plaintiff's motion to bar defendant's other expert witness, Alan Fidellow, on the same ground. After ... Defendant appealed, making the following arguments: The order denying defendant's summary judgment motion should be reversed, and summary judgment ...

docket:	a4806-08
court:	superior court appellate division
decided:	2010-08-11
status:	Unpublished
citation:
Document Size:	41241

431 M.F. v. DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES -- rank: 436

... for appellant (Valerie A. Powers Smith, on the briefs). Jeffrey S. Chiesa, Attorney General, attorney for respondents (Melissa H. Raksa, Assistant ... for his private insurance premiums. In April 2010, M.F.'s nursing agency informed his mother that Medicaid considers PDN service ... SCHOOL DISTRICT MAY BE CONSIDERED, AND THUS REDUCE [M.F.]'S DAILY [PDN] HOURS UNDER THE CRPD WAIVER, IS NEITHER SUPPORTED ... SCHOOL DISTRICT MAY BE CONSIDERED, AND THUS REDUCE [M.F.]'S DAILY [PDN] HOURS UNDER THE CRPD WAIVER, IS NEITHER SUPPORTED ... WAIVER DOCUMENT APPROVED BY THE FEDERAL GOVERNMENT; AND THE STATE'S IMPLEMENTING REGULATIONS FOR THE CRPD WAIVER PROGRAM MANDATING THE SAME ... shall state clearly the reasons for doing so." N.J.S.A . 52:14B-10(c). The agency decision-maker ...

docket:	a1790-11
court:	NJ Superior Court Appellate Division
decided:	2013-08-21
status:	unpublished
citation:
Document Size:	34850

432 WALTER HIRES v. CITY OF ATLANTIC CITY -- rank: 436

... MCU). Plaintiff knew prior to the transfer that the MCU's forensic investigation s were of gr eater intensity than the ACPD's Forensic Unit and that he would be on-call. Lieutenant Wellman and Sergeant DeShields of the Atlantic County Prosecutor's Office, and Sergean t Roff from the ACPD were plaintiff's direct supervisors after the transfer . After w orking in the ... did not actually request a transfer or seek Capt. Flipping's assistance in obtaining a transfer . There is no evidence ...

docket:	a0870-08
court:	superior court appellate division
decided:	2010-06-01
status:	Unpublished
citation:
Document Size:	52369

433 STATE OF NEW JERSEY v. PERRY ALSTON -- rank: 430

... were jointly charged with first-degree armed robbery, N.J.S.A. 2C:15-1(a)(1) (count one); third-degree ... possession of a knife for an unlawful purpose, N.J.S.A. 2C:39-4(d) (count two); fourth-degree unlawful possession of a knife, N.J.S.A. 2C:39-5(d) (count three); second-degree conspiracy to commit armed robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1(a)(1) (count four); and fourth-degree resisting arrest by flight, N.J.S.A. 2C:29-2(a) (count six). Defendant was ...

docket:	a2292-10
court:	NJ Superior Court Appellate Division
decided:	2013-08-21
status:	unpublished
citation:
Document Size:	23435

434 EAST ORANGE BOARD OF EDUCATION v. NEW JERSEY SCHOOLS CONSTRUCTION CORPORATION -- rank: 430

... The opinion of the court was delivered by WAUGH, J.S.C. (temporarily assigned). Plaintiff East Orange Board of Education (Board ... The Educational Facilities Construction and Financing Act (EFCFA), N.J.S.A. 18A:7G-1 to -48, was enacted in 2000 ... the State, commonly referred to as Abbott districts. N.J.S.A. 18A:7G-2. See Abbott v. Burke , 153 N.J. 480 , 523-525 (1998) ( Abbott V ). The EFCFA established a comprehensive ... through the issuance of bonds by the EDA. N.J.S.A. 18A:7G-14. The debt service for the bonds ... projects to be completed with the remaining funds." N.J.S.A. 52:18A-237 (creating the SDA); N.J. ...

docket:	a6597-05
court:	njappellate
decided:	2009-02-03
status:	published
citation:	405 N.J. Super. 132
Document Size:	52894

435 STATE OF NEW JERSEY v. JASON ROUDEL YOUNG -- rank: 430

... observed defendant and another male, Dabooz Sanon, matching the informer's description, as well as a green Ford parked on the ... arresting defendant, handed Kurinzi the car keys found in defendant's pocket. Kurinzi then retrieved the narcotics from the front passenger floor of defendant's vehicle. Thereafter, in response to DeMarco's earlier request, two or three additional officers arrived at the ... Judge Wertheimer denied the motion, finding probable cause for defendant's arrest, and upholding the subsequent seizure of the drugs from defendant's car based on plain view, probable cause, and exigent ...

docket:	a0109-07
court:	NJ Superior Court Appellate Division
decided:	2008-11-25
status:	unpublished
citation:
Document Size:	38634