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3016 ALLIANCE MEDIA GROUP, INC. v. GREAT OUTDOOR, INC., et al. -- rank: 238

... May 29, 2007 - Decided August 7, 2007 Before Judges S.L. Reisner, Seltzer and C.L. Miniman. On appeal from the Superior Court of New Jersey, Law Division, Monmouth County, MON-L-2801-04. James J. Tutak, attorney for appellant. Geoffrey D ... of the plaintiff to sell advertising, as the defendants allege? 2) Did the defendants, in fact, knowingly make equity payments to ... facts are not entitled to any special deference." Manalapan Realty, L.P. v. Twp. Comm. of Manalpan , 140 N.J. 366 ... enjoy." Twp. of W. Windsor v. Nierenberg , 150 N.J. 111 , 132 (1997). This Court has recognized that "[b]ecause ...

docket:	a4764-05
court:	njappellate
decided:	2007-08-07
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	48297

3017 ROSETTA C. DAVIS v. HOWELL MANAGEMENT CO., INC. -- rank: 238

... Court of New Jersey, Law Division, Morris County, Docket No. L-2909-07. Victor Librizzi, Jr., attorney for appellant. Berman, Sauter ... the cooperative project. N.J.S.A. 46:8D-3 l . Through a proprietary lease, each stockholder obtains "a long term ... A. Smith et al., New Jersey Condominium & Community Association Law § 2:3 (Gann 2009). "A cooperative apartment association . . . is governed by ... denied , 464 U.S. 961 , 104 S.Ct 395 , 78 L. Ed.2d 337 (1983); see also Smith et al., supra , § 16 ... Shareholder Interests in Condominium and Cooperative Board Decisions , 14 Cardozo L. Rev. 1021 (1993) (acknowledging the business judgment rule's ...

docket:	a3147-08
court:	NJ Superior Court Appellate Division
decided:	2009-11-19
status:	unpublished
citation:
Document Size:	42151

3018 FERNANDO MORALES v. NEW JERSEY STATE PAROLE BOARD -- rank: 238

... future eligibility term (FET) by the Parole Board on May 2, 2008. The following factual and procedural history is relevant to ... POINT I I REQUEST TO SUPPLEMENT THE RECORD PER R. 2:5-5(b) AS TO AN ISSUE OF THE RESPONDENTS ... 224 N.J. Super. 534 , 547 (App. Div.), certif. denied , 111 N.J. 649 (1988). Moreover, "Parole Board decisions are highly ... there be a transcript prepared from that device. R ule 2:5-3(a) requires an administrative agency "which has had ... case that there was a transcription of the record. Rule 2:5-3(d) provides that if an appellant is indigent ... denied , 398 U.S. 938 , 90 S. Ct. 1841 , 26 L. Ed.2d 270 (1970), we held that there is ...

docket:	a0156-08
court:	NJ Superior Court Appellate Division
decided:	2009-10-20
status:	unpublished
citation:
Document Size:	47031

3019 IN THE MATTER OF THE CIVIL COMMITMENT OF A.E -- rank: 238

... to get up by himself, [and] he A-1667-22 2 [would have] to remain on the floor.' During his stay ... ha[d] since regained some mobility, but he still believe[ed] that if he [was] on the ground, he [could] not ... In re Commitment of T.J., 401 N.J. Super. 111, 119 (App. Div. 2008). We 'reverse[] only when there is ... health care needs. [N.J.S.A. 30:4-27.2(m).] A person is 'dangerous to self' if: by reason ... serious psychiatric deterioration. [N.J.S.A. 30:4-27.2(h).] A patient who no longer needs involuntary commitment generally ... with the help of family or friends.' In re S.L., 94 N.J. 128, 140 (1983). A judge must ...

docket:	a1667-22
court:	NJ Superior Court Appellate Division
decided:	2024-02-21
status:	Unpublished
citation:
Document Size:	14943

3020 DCPP VS. S.A.S. AND D.W., IN THE MATTER OF THE GUARDIANSHIP OF Z.S.S. -- rank: 238

... W.1 is the biological father of Z.S.S. 2 Defendant appeals from the April 24, 2023 judgment of guardianship ... to protect their privacy. R. 1:38-3(d)(12). 2 Z.S.S.'s biological mother, S.A.S. passed away in 2021. A-2764-22 2 Based on our review of the record and applicable law ... attorney replied, 'I consent.' The Law Guardian said he 'consent[ed] as well.' As a result, the April 5, 2023 trial ... participation in his trial.' This argument lacks merit. See R. 2:11-3(e)(1)(E). A-2764-22 3 Contrary ... Fam. Servs. v. C.S., 367 N.J. Super. 76, 111 (App. Div. 2004). As public policy increasingly focuses on ...

docket:	a2764-22
court:	appellate
decided:	2024-05-10
status:	Unpublished
citation:
Document Size:	12849

3021 STATEOF NEW JERSEY v. LEON FAISON -- rank: 238

... he was not prepared to represent defendant on either charge. 2 A-3629-15T4 with fourth-degree driving during a period ... a prima facie case.' State v. Morrison, 188 N.J. 2, 12 (2006). However, the absence of evidence to establish an ... the court suspended the defendant's license for two years. 2 Ibid. In 2012, while the defendant's license remained suspended ... then successfully filed for PCR regarding her 2011 DWI conviction, 2 Because defendant's second DWI conviction occurred more than ten ... N.J. 1, 16, cert. denied, 498 U.S. 967, 111 S. Ct. 429, 112 L. Ed. 2d 413 (1990), where our Supreme Court held ' ...

docket:	a3629-15
court:	NJ Superior Court Appellate Division
decided:	2017-11-29
status:	published
citation:	452 N.J.Super. 390 174 A.3d 1006
Document Size:	32674

3022 STATE OF NEW JERSEY v. JEFFREY K. GILBERT -- rank: 238

... from municipal court dispositions are governed by R. 7:10-2. A petition seeking relief on any grounds other than an ... was due to defendant's excusable neglect." R. 7:10-2(b)(2). We concur with the trial court's determination that defendant ... N.J. 1 , 6, cert. denied , 498 U.S. 967 , 111 S. Ct. 429 , 112 L. Ed.2d 413 (1990). At the time defendant filed his ...

docket:	a5363-04
court:	njappellate
decided:	2006-01-30
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	33861

3023 STATE OF NEW JERSEY v. GAIL BEDNAROVSKY -- rank: 238

... a breathalyzer test, N.J.S.A. 39:4-50.2, reckless driving, N.J.S.A. 39:4-96, and ... for violation of N.J.S.A. 39:4-50.2, she received a sentence of ninety days to be served ... sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(2). We add only the following. Our proper scope of review ... 122 N.J. 138 , cert. denied , 498 U.S. 898 , 111 S.Ct. 251 , 112 L.Ed.2d 209 (1990). Affirmed. At oral argument counsel ...

docket:	a4566-04
court:	njappellate
decided:	2006-04-26
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	35270

3024 PATRICIA MELE v. JOHN MELE -- rank: 238

... plaintiff's needs totaled $112,264 per A-2592-18T4 2 year. The judge imputed an income of $20,000 per ... consider his present income.' The judge found both parties 'appear[ed] to be in good health.' He awarded plaintiff permanent alimony ... 2592-18T4 6 Div. of Youth & Family Servs. v. G.L., 191 N.J. 596, 605 (2007)). [Gnall v. Gnall, 222 ... judge erroneously found: (1) there was no good faith retirement; (2) alimony commenced in 2013; (3) defendant benefits from the business ... herself if she did not purchase her father's home; (2) did not impute a rental income to plaintiff based on ... since 1993 lacks sufficient merit to warrant further discussion. R. 2:11-3(e)(1)(E). We also reject defendant' ...

docket:	a2592-18
court:	NJ Superior Court Appellate Division
decided:	2020-03-05
status:	Unpublished
citation:
Document Size:	29631

3025 STATE OF NEW JERSEY v. LUIS RAMOS -- rank: 238

... We disagree. We review this argument as plain error. R. 2:10-2. Defendant must convince this court that the omission of this ... toward the victim with a gun." See State v. Morales , 111 N.J. Super. 521 , 525-27 (App. Div. 1970), (finding ... to human life." N.J.S.A. 2C:43-7.2. Following completion of this term, defendant will commence a ten ... must consider whether: (1) the judge followed the sentencing guidelines; (2) the judge based the aggravating and mitigating factors upon competent ... enied , 475 U.S. 1014 , 106 S. Ct. 1193 , 89 L. Ed.2d 308 (1986). That was not done here. ...

docket:	a1785-08
court:	superior court appellate division
decided:	2010-08-02
status:	unpublished
citation:
Document Size:	49355

3026 STATE OF NEW JERSEY v. ANNA PENAGLOU -- rank: 238

... sub nom. , Laurick v. New Jersey , 498 U.S. 967 , 111 S. Ct. 429 , 112 L. Ed.2d 413 (1990), which held that an uncounseled conviction cannot ... the applicant can show excusable neglect. See R. 7:10-2(b)(2). Here, defendant greatly exceeded that time. Indeed, if the decision ... been justified under the standard contained in R. 7:10-2(b)(2), and required a denial of defendant's ...

docket:	A3036-04
court:	NJ Superior Court Appellate Division
decided:	2006-06-19
status:	unpublished
citation:
Document Size:	23809

3027 MARIA I. TIRPAK v. BOROUGH OF POINT PLEASANT BEACH BOARD OF ADJUSTMENT -- rank: 238

... Court of New Jersey, Law Division, Ocean County, Docket No. L-2918-17. Dennis M. Galvin argued the cause for appellant ... that requires one unit of the subject A-5088-17T1 2 two-family dwelling to be occupied by the owner and ... The Law of Zoning and Planning, § 81.7 (4th ed. 2005). The present situation does not fit any exceptions to ... relationship to public health, safety, or the general welfare.' Ibid.2 2 None of the out-of-state authorities cited by defendants ... 1991) (citing Kirsch); State v. Baker, 81 N.J. 99, 111 (1979) (citing Kirsch). Moreover, the status of a house' ...

docket:	a5088-17
court:	NJ Superior Court Appellate Division
decided:	2019-02-11
status:	Published
citation:	457 N.J.Super. 441 200 A.3d 921
Document Size:	13942

3028 Thisopinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R.1:36-3 ANTWAN MALONE v. NEW JE -- rank: 238

... Release Act (NERA), N.J.S.A. 2C:43-7.2. Under the other, he pled to first-degree robbery, second ... the panel cited appellant's: (1) extensive prior criminal record; (2) prior mandatory parole supervision which failed to deter his criminal ... sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(1)(E). We affirm substantially for the ... U.S. 1 , 10, 99 S. Ct. 2100 , 2105, 60 L. Ed.2d 668 , 677 (1979)). "To a greater degree than is ... 224 N.J. Super. 534 , 547 (App. Div.), certif. denied , 111 N.J. 649 (1988))); see also McGowan v. N. ...

docket:	a2597-15
court:	NJ Superior Court Appellate Division
decided:	2017-05-09
status:	unpublished
citation:
Document Size:	12352

3029 MARLENE FRENDA v. MCELRONE SALES, INC. -- rank: 238

... the Superior Court of New Jersey, Law Division, Bergen County, L-4703-05. William L. Gold argued the cause for appellants (Bendit Weinstock, attorneys; Mr. Gold, on the brief). Donald L. Crowley argued the cause for respondents (Methfessel & Werbel, attorneys; Mr ... the only issue to be decided is allocation of damages; (2) the judge erred in precluding plaintiff from cross-examining defendant ... a legal conclusion); State v. Vaszorich , 13 N.J. 99 , 111 (no error in requiring defense counsel to rephrase opinion question ... denied , 346 U.S. 900 , 74 S. Ct. 219 , 98 L. Ed. 400 (1953). Precluding plaintiff from exploring Kuperstein's ...

docket:	a6458-06
court:	njappellate
decided:	2008-06-26
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	38289

3030 RICHARD BAILEY et al. v. FRANKLIN TOWNSHIP -- rank: 238

... ERRED WHEN IT ARBITRARILY AMENDED PLAINTIFFS['] PLEADINGS FROM ONE GROUND[ED] IN FARMLAND ASSESSMENT TO A SMALL CLAIMS COMPLAINT [IMPLICATING] COMPARABLE ... inception and make [its] own findings and conclusions." Pioneer Nat'l Title Ins. Co. v. Lucas , 155 N.J. Super. 332 ... cases in which the property at issue is a Class 2 property (1-4 family residence) or a Class 3A farm residence." N.J.A.C. 18:12-2.2(c) provides that Class 3A includes land used agriculturally "as ... that includes plaintiffs' residence. See Byram Twp. v. Western World , 111 N.J. 222 (1988) (holding that the town's ...

docket:	a6657-04
court:	njappellate
decided:	2007-01-19
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	39253