Search Rutgers Law Library N.J. Court Opinions

3001 OMNIPOINT COMMUNICATIONS, INC v. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF WALL -- rank: 249

... Court of New Jersey, Law Division, Monmouth County, Docket No. L-5153-04. Richard Stanzione argued the cause for appellant (Hiering ... 75 acre lot owned by Jersey Central Power & Light (JCP&L). Telecommunications facilities are a permitted conditional use in the Township's GI-2 zoning district. However, because Omnipoint's proposal for the tower ... carries with it a presumption that its members have "act[ed] fairly and with proper motives and for valid reasons." Ibid ... 227 N.J. Super. 284 , 287 (App. Div.), certif. denied , 111 N.J. 631 (1988). If, however, the proposed conditional use ... Omnipoint I , supra , No. A-2006-05T5 (slip op. at 2) (emphasis added), we stated: "Omnipoint's proposed facility deviates ...

docket:	a4677-07
court:	superior court appellate division
decided:	2009-08-17
status:	Unpublished
citation:
Document Size:	41460

3002 STATE IN THE INTEREST OF T.S. -- rank: 249

... IN THE INTEREST OF T.S., Juvenile-Appellant. ________________________________________________________________ Submitted March 2, 2010 - Decided Before Judges Carchman and Lihotz. On appeal from ... S. (Ingrid A. Enriquez, Designated Counsel, on the brief). John L. Molinelli, Bergen County Prosecutor, attorney for respondent State of New ... 223 N.J. Super. 531, 538 (App. Div.), certif. denied , 111 N.J. 570 , cert. denied , 488 U.S. 859 , 109 S. Ct. 152 , 102 L. Ed.2d 123 (1988) (quoting 1971 New Jersey Penal Code Commentary ... intent to "Get that guy, let's take his shit . . . [l]et's get that mother fucker, he's drunk. ...

docket:	a2330-08
court:	NJ Superior Court Appellate Division
decided:	2010-03-23
status:
citation:
Document Size:	27759

3003 STATE OF NEW JERSEY v. MARK DILLON -- rank: 249

... of the wheel produced twenty foot-high sparks and a "[l]oud grinding noise" from its front right axle. As the ... probable cause for their arrests), cert. denied , 77 U.S.L.W. 3709 (2009); State v. Moskal , 246 N.J. Super ... 122 N.J. 138 , cert. denied , 498 U.S. 898 , 111 S. Ct. 251 , 112 L. Ed.2d 209 (1990); State v. Weber , 220 N.J. Super ... additional arguments and conclude that they are without merit. R. 2:11-3(e)(2). Affirmed. The State voluntarily dismissed ...

docket:	a1530-07
court:	NJ Superior Court Appellate Division
decided:	2009-07-30
status:	unpublished
citation:
Document Size:	26165

3004 WILLA LEGGETT v. NEWARK BOARD OF EDUCATION, et al. -- rank: 249

... back pain radiculopathy." He also "found a neurologic disability of 2[.5]% of the right hand for a carpal tunnel syndrome ... unsupported by and inconsistent with the evidence at trial; and 2) the Compensation Judge failed to apportion any credits to the ... N.J. 155 , 161 (1999) (quoting R & R Mkt g ., L.L.C. v. Brown-Forman Corp. , 158 N.J. 170 , 175 ... J. 644 , 657 (1999) (citing Clowes v. Termin ix Int'l, Inc. , 109 N.J. 575 , 588 (1988)). We have reviewed ... existing [injuries]." Paul v. Baltimore Upholstering Co. , 66 N.J. 111 , 121 (1974). The Compensation Judge has the opportunity to ...

docket:	A2468-04
court:	NJ Superior Court Appellate Division
decided:	2006-04-18
status:	unpublished
citation:
Document Size:	56778

3005 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. M.M.B. -- rank: 249

... Family Servs. v. C.S. , 367 N.J. Super. 76, 111 (App. Div.), certif. denied , 180 N.J. 456 (2004), the ... Washington , 466 U.S. 668 , 104 S. Ct. 2052 , 80 L. Ed.2d 674 (1984). N.J. Div. of Youth & Family Servs ... fall outside the broad range of professionally acceptable performance; and (2) counsel's deficient performance must prejudice the defense - i.e ... or will continue to be endangered by the parental relationship; (2) The parent is unwilling or unable to eliminate the harm ... deference.'" N.J. Div. of Youth & Family Servs. v. R.L. , 388 N.J. Super. 81 , 89 (App. Div. 2006), ...

docket:	a3359-07
court:	New Jersey Superior Court Appellate Division
decided:	2009-10-27
status:	Published
citation:
Document Size:	37443

3006 IN RE PETITION FOR SUBSTANTIVE CERTIFICATION OF BOROUGH OF MONTVALE -- rank: 249

... Decided June 8, 2006 Before Judges Coburn, Lisa and S.L. Reisner. On appeal from Administrative Decision by the New Jersey ... brief). The opinion of the court was delivered by S.L. REISNER, J.A.D. Reno Del Ben appeals from a ... 4.1(b); N.J.A.C. 5:93-4.2. Specifically, a municipality must identify potential sites for development, and ... sites become available. N.J.A.C. 5:93-4.2. A municipality is entitled to substantive certification if it devises ... zoning in the RR-1 zone is realistic." Id. at 111. We concluded that COAH erred because the factual materials [the ... denied , 423 U.S. 808 , 96 S. Ct. 18 , 46 L. Ed.2d 28 (1975) ( Mount Laurel I ); S. Burlington ...

docket:	A2579-04
court:	NJ Superior Court Appellate Division
decided:	2006-06-08
status:	published
citation:
Document Size:	38822

3007 JOHN B. DAMONTE v. WILLIAM C. MARTUCCI -- rank: 249

... Submitted: December 12, 2007 - Decided: Before Judges Collester and C. L. Miniman. On appeal from the Superior Court of New Jersey ... Martucci, appellant pro se. Marino & Mayers, attorneys for respondent (Patricia L. Jarrach, on the brief). PER CURIAM Defendant William C. Martucci ... of judgment, Martucci through his California attorney moved on June 2, 2004, to quash the service of the summons and complaint ... Damonte the principal on the note of $155,000 plus $111,635.39 in accrued interest. Additionally, the court awarded $100 ... U.S. 545 , 552, 67 S. Ct. 451 , 456, 91 L. Ed. 488 , 496 (1947). Martucci's claims that the action ...

docket:	A3770-06
court:	NJ Superior Court Appellate Division
decided:	2008-01-17
status:	unpublished
citation:
Document Size:	31546

3008 ANTHONY TONIC v. AMERICAN CASUALTY CO. -- rank: 249

... Court of New Jersey, Law Division, Middlesex County, Docket No. L-5499-06. Manfred C. Gernand argued the cause for appellants ... for further proceedings consistent with this opinion. I. On January 2, 2006, plaintiff was employed as a bus driver for a ... defined by Longworth . . . assuming a valid UIM claim even exist[ed]." After oral argument, the judge determined that [P]laintiff did ... all the favorable evidence and inferences. See R. 4:46-2(c); Brill v. Guardian Life Ins. Co. of Am. , 142 ... Hreshko v. Harleysville Insurance Co . , 337 N.J. Super. 104 , 111 (App. Div. 2001), supports his assertion that he was not ... order to protect the insurer's subrogation rights." Id. at 111. Our focus in Hreshko , however, was on whether the ...

docket:	a3383-07
court:	superior court appellate division
decided:	2010-05-27
status:	Published
citation:	413 N.J. Super. 458 995 A.2d 1124
Document Size:	85681

3009 JAMES W. UNKERT, ET ALS V. GENERAL MOTORS CORP. -- rank: 249

... App. D.C. , 391, 211 F.2d 427 , 41 A.L.R.2d 724 (1954).         [ Id. at 105.]     The Court, in ... statute of limitations. See N.J.S.A. 2A:14-2. We disagree. As previously indicated, Kyle applied section 21's ... the statute of limitations." Kyle , supra , 44 N.J. at 111. The Court summarized its holding in this regard:             The equitable ... whether that insanity resulted from the defendant's acts; and (2) whether plaintiff's suit was started within a reasonable time ... M.C. Dransfield, Annotation, Limitation-Running against Ward , 86 A.L.R.2d 965 (1962).     In Sahf , supra , 721 P. 2d ... denied , 348 U.S. 835 , 75 S. Ct. 58 , 99 L. Ed. 659 (1954). The doctrine is now codified in ...

docket:	a6127-95
court:	njappellate
decided:	1997-06-04
status:	published
citation:	301 N.J.Super. 583
Document Size:	27516

3010 STATE OF NEW JERSEY v. THOMAS J. SCHOONMAKER -- rank: 238

... a conditional guilty plea to the charge, Rule 7:6-2(c), and appealed to the Law Division. In the Law ... 117 N.J. 450 , cert. denied , 498 U.S. 819 , 111 S. Ct. 63 , 112 L. Ed.2d 38 (1990), compelled the conclusion, as a matter of ... and their purported consequence to be of no merit. R. 2:11-3(e)(2). Affirmed. The Law Division judge also found that the ...

docket:	a0100-08
court:	NJ Superior Court Appellate Division
decided:	2009-11-05
status:	unpublished
citation:
Document Size:	27993

3011 JENNIFER KOCANOWSKI v. TOWNSHIP OF BRIDGEWATER -- rank: 238

... Kocanowski testified at trial that since the March 2015 accident, 2 A-3306-15T2 she has not been able to return ... the accident, she was not entitled to temporary disability payments.2 Trial was conducted by the Division on Kocanowski's motion ... her prior or subsequent injuries, surgeries, treatments or medical conditions. 2 Bridgewater also opposed her application for medical benefits related to ... Inc., 218 N.J. 8, 26 (2014) (citing Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366 ... by virtue of the provisions of this article6 and article 2 of this chapter (R.S. 34:15-7 et seq ... no absence from work.' In Electronic Associates, Inc. v. Heisinger, 111 N.J. Super. 15, 20 (App. Div.), certif. denied, ...

docket:	a3306-15
court:	NJ Superior Court Appellate Division
decided:	2017-12-11
status:	published
citation:	452 N.J.Super. 476 175 A.3d 968
Document Size:	42121

3012 GIUSTINO A. DIPOPOLO - v. NEW JERSEY MOTOR VEHICLE COMMISSION - January 15, 2014 – -- rank: 238

... legislative policies, that is, did the agency follow the law; (2) whether the record contains substantial evidence to support the findings ... motor vehicle[.] [ N.J.S.A. 39:5D-4(a)(2).] The statute does not define "home state" as the state ... Super. at 5 (quoting N.J.S.A. 39:5D-2(b)). Here, New Jersey issued the driver's license appellant ... s New Jersey driver's license for 3650 days. R. 2:11-3(e)(1)(D). Appellant's contention that the ... J. 73 , 98 (1990), cert. denied , 498 U.S. 1073 , 111 S. Ct. 799 , 112 L. Ed.2d 860 (1991). Affirmed. 1 As a third- ...

docket:	a2805-12
court:	New Jersey Superior Court Appellate Division
decided:	2014-03-03
status:	Published
citation:
Document Size:	21930

3013 STATE OF NEW JERSEY v. MARY D. BURGESS -- rank: 238

... sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(2). Nevertheless, we will comment briefly as follows. We note that ... have been clearly capable of producing an unjust result." R. 2:10-2. Defendant asserts error in the jury instruction by the trial ... J. 407 , 425 (1990), cert. denied , 499 U.S. 931 , 111 S. Ct. 1336 , 113 L. Ed.2d 268 (1991); State v. Ramseur , 106 N. ...

docket:	a5671-04
court:	njappellate
decided:	2007-01-11
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	38532

3014 JOSEPH V. ZAPPASODI, M.D. v. STATE OF NEW JERSEY, DEPARTMENT OF CORRECTIONS, RIVERFRONT STATE PRISON et al. -- rank: 238

... to charge the jury with pretext and burden shifting; and (2) in dismissing the count for fraudulent concealment of evidence. We ... grounds recognized , Foster v. University of Arkansas , 938 F.2d 111 (8th Cir. 1991).             The First Circuit, in Loeb v. Textron ... deduced from that evidence. Dolson v. Anastasia , 55 N.J. 2 , 5-7 (1969). If reasonable minds could differ as to ... must show: (1) pending or probable litigation involving the plaintiff; (2) knowledge on the part of the defendant that litigation exists ... or she was (1) a member of a protected class; (2) performing his or her job in a satisfactory manner; (3 ... U.S. 792 , 802, 93 S. Ct. 1817 , 1824 36 L. Ed.2d 668 , 677 (1973). Our Supreme Court adopted ...

docket:	a3370-98
court:	njappellate
decided:	2000-11-08
status:	published
citation:	335 N.J.Super. 83
Document Size:	24399

3015 STATE OF NEW JERSEY v. RAMIL ROBINSON -- rank: 238

... sentence. We affirm. I. On February 17, 2012, at around 2:30 a.m., Andrew Gomez was walking home from a ... Early Release Act, N.J.S.A. 2C:43-7.2 (NERA). The trial court also imposed a three-year period ... whether the witness received any feedback during the identification procedure; (2) whether a show-up was performed more than two hours ... estimator variables, including (1) the duration of the event witnessed, (2) the distance between the perpetrator and the witness, (3) how ... s conviction was due to a mistaken identification), certif. denied , 111 N.J. 609 (1988). B. Defendant next argues that the ... Wade , 388 U.S. 218 , 87 S. Ct. 1926 , 18 L. Ed.2d 1149 (1967). This archive is a service ...

docket:	a5302-12
court:	NJ Superior Court Appellate Division
decided:	2015-02-13
status:	unpublished
citation:
Document Size:	32068