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1156 STATE OF NEW JERSEY v. PHILLIP KING -- rank: 461

... third-party intervention" exception to the constitutional warrant requirement; and (2) defendant lacked a reasonable expectation of privacy in the gun ... was lawful, based alternatively on: (1) the community caretaking exception, (2) the automobile exception, and (3) the third-party intervention (or ... Ohio , 367 U.S. 643 , 81 S. Ct 1684 , 6 L. Ed.2d 1081 (1961) (declaring the exclusionary rule implementing the Fourth ... U.S. 465 , 476, 41 S. Ct. 574 , 576, 65 L. Ed. 1048 , 1051 (1921) (holding that the Fourth Amendment had ...

docket:	a4442-13
court:	NJ Superior Court Appellate Division
decided:	2014-12-11
status:	unpublished
citation:
Document Size:	28651

1157 D.N. v. K.M. -- rank: 461

... he suffered a due process violation because the Act "fail[ed] to permit . . . a right to counsel." Ibid. We declined to ... U.S. 18 , 25, 101 S. Ct. 2153 , 2158, 68 L. Ed.2d 640 , 648 (1981) (noting the right to appointed counsel ... J. 109 , 124 (1990), cert. denied , 499 U.S. 947 , 111 S. Ct. 1413 , 113 L. Ed.2d 466 (1991)). See also State v. Hrycak , 184 ...

docket:	a3021-11
court:	NJ Superior Court Appellate Division
decided:	2013-01-24
status:	published
citation:
Document Size:	56643

1158 Michael E. Hirsch v. Amper Financial Services, LLC -- rank: 461

... sufficiently broad to cover the disputes with AFS and EisnerAmper; (2) AFS is a party to the arbitration clause because Scudillo ... of contract law, such as equitable estoppel. (pp. 13-16) 2. In EPIX Holdings , the appellate panel held that a non ... the arbitration clause. Another case, Angrisani v. Financial Technology Ventures, L.P. , 402 N.J. Super. 138 (App. Div. 2008), involved ... containing an arbitration clause, and claims against Financial Technology Ventures, L.P. (FTV), from whom the plaintiff had purchased Nexxar stock ... a financial services firm associated with EisnerAmper, an accounting firm. 2 EisnerAmper often referred clients to AFS for wealth planning services ... sufficiently broad to cover the disputes with AFS and EisnerAmper; (2) AFS is a party to the arbitration clause because ...

docket:	A-9-12
court:	NJ Supreme Court
decided:	2013-08-07
status:
citation:	215 N.J. 174 71 A.3d 849
Document Size:	82714

1159 WILLIAM SHEPHERD et al. v. HUNTERDON DEVELOPMENTAL CENTER, et al. -- rank: 461

... the Superior Court of     New Jersey, Law Division, Hunterdon     County, L-137-97.     James L. Pfeiffer argued the cause     for appellants (Pfeiffer & Winegar,     attorneys; Mr ... officer. According to the form filed by Shepherd on March 2, 1995, he identified specific dates on which the alleged retaliatory ... current complaint. Erdmann v. Board of Educ. Union County Reg'l High School Dist. No.1 , 541 F. Supp. 388 , 392 ... of Personnel.     Shepherd's administrative grievance was filed on March 2, 1995, only three days after he alleged that the so ... 1999), cert. denied , ___ U.S. ___, 120 S. Ct. 786 , 145 L. Ed.2d 663 (2000), and Goldsmith v. E.I. ...

docket:	a5504-98
court:	njappellate
decided:	2001-01-18
status:	published
citation:	336 N.J. Super. 395
Document Size:	87019

1160 SUSIE HARRIS v. ADVANCE PROCESS SUPPLY, CO. -- rank: 461

... THERESA FLORES, THERESA HOKE SANCHEZ, FANNY BERMUDEZ, CARMEN ORTIZ, ROY L. JONES and IVAN FOSTER, Plaintiffs-Appellants, v. ADVANCE PROCESS SUPPLY ... RIVER ROAD CORPORATION c/o CSC UNITED STATE CORPORATION, WATCO L.L.C., ALUMINUM SHAPES, L.L.C. , SUPER TIRE SERVICES, INC., SHELBY WILLIAMS INDUSTRIES, PLYWOOD PANEL ... the Superior Court of New Jersey, Law Division, Camden County, L-3815-02. Gerald J. Williams argued the cause for ...

docket:	a0584-07
court:	NJ Superior Court Appellate Division
decided:	2009-06-25
status:	unpublished
citation:
Document Size:	91853

1161 IN RE SIX MONTH EXTENSION OF N.J.A.C. 5:91-1 ET SEQ. -- rank: 461

... Susan J. Kraham and John M. Payne, of counsel; Nancy L. Fishman and Craig R. Levine, on the brief). Carl S ... Thomas F. Carroll argued the cause for appellant Roxbury 80, L.L.C. in A-5228-02 (Hill Wallack, attorneys; Mr. Carroll ... extended substantive certification" if a municipality: 1. Requests the extension; 2. Commits to continuing to implement the certified second round plan ... the Environment (Coalition), Toll Brothers, Inc. (Toll Brothers), Roxbury 80, L.L.C. (Roxbury 80), and Anthony Bailes, et al. (Bailes). ...

docket:	a4814-02
court:	njappellate
decided:	2004-08-31
status:	published
citation:	*CITE_PENDING*
Document Size:	102179

1162 /usr/local/share/www/libweb/collections/courts/appellate/a4313-17.opn.html -- rank: 461

... Court of New Jersey, Law Division, Middlesex County, Docket No. L-1273-14. Richard Armen Mc Omber argued the cause for ... Robyn Beth Gigl, of counsel and on the brief; Fay L. Szakal, on the brief). PER CURIAM In this employment discrimination ... prima facie showing of IIED. On appeal, A-4313-17T3 2 plaintiff contends that the judge erred in dismissing each of ... Employment Opportunity and Non-Discrimination Harassment/Retaliation Policy,' effective November 2, 2004, expressly prohibits discrimination 'against any individual in compensation or ... think about it and then responded a few minutes later, '[L]et's see, are you coming to the picnic, the ... her medical issues.' Thereafter, plaintiff was approved for temporary disability. 2 Noreen Daniels, NJTA's EEO officer, investigated plaintiff's ...

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1163 STATE OF NEW JERSEY v. SCOTT CAIN -- rank: 461

... 1) and N.J.S.A. 2C:35-5(b)(2). The State requested an extended term of imprisonment. Defendant was ... sixteen years with an eight year period of parole ineligibility. 2 Defendant filed a PCR petition on June 9, 2014, claiming ... U.S. at 668, l04 S. Ct. at 2052, 80 L. Ed. 2d at 674, and adopted by our Supreme Court in State v. Fritz , l 05 N.J. 42 (l987). In order to prevail on ... defendant must meet a two-prong test by establishing that: (l) counsel's performance was deficient and he or she ...

docket:	a5393-14
court:	NJ Superior Court Appellate Division
decided:	2017-03-29
status:	unpublished
citation:
Document Size:	28808

1164 IN THE MATTER OF KEVIN GEORGE -- rank: 459

... time of the hearing, have produced the actual testing result. 2 George denied knowingly ingesting marijuana and maintained that any exposure ... directed that George be reinstated and awarded back pay of $111,324.30; $631.71 to reimburse George for payments he ... 235-38 (some footnotes omitted).] In George I , we "question[ed] whether the record contain[ed] sufficient evidence supporting the Board's decision that a due ... are: (1) the bad faith or connivance by the government; (2) whether the evidence was sufficiently material to the defense; and ... 20.83 ng/ml. The difference between the two was 2.1 ng/ml. The State Lab rounded up the ...

docket:	a3538-08
court:	superior court appellate division
decided:	2011-02-03
status:	Unpublished
citation:
Document Size:	77661

1165 HAROLD E. SMITH VS ALAN L. WHITAKER, JR. & ET ALS -- rank: 459

... Helen V. Robbins, Deceased,     Plaintiff-Respondent/     Cross-Appellant, v. ALAN L. WHITAKER, JR.,     Defendant-Respondent, and COASTAL OIL OF NEW YORK ... THAT PUNITIVE DAMAGES ARE RECOVERABLE UNDER THE WRONGFUL DEATH ACT?         2.    DID THE JUDGE ERR IN NOT DISMISSING PLAINTIFF'S PUNITIVE ... the Wrongful Death Act was explained in Turon v. J. & L. Constr. Co. , 8 N.J. 543 (1952): The evident policy ... as a matter of law, citing O'Connor v. Harms , 111 N.J. Super. 22 , 29-30 (App. Div.), certif. denied ... action, N.J.S.A. 2A:31-5 See footnote 2 .     At the motion hearing following the first trial, Coastal's ... following distinction between the Wrongful Death Act ( 101 N.J.L. 393 , 399 (E. & A. 1925) ("It is significant . . . that ...

docket:	a0457-96
court:	njappellate
decided:	1998-06-15
status:	published
citation:	313 N.J.Super. 165
Document Size:	96605

1166 STATE OF NEW JERSEY v. JANICE ALLEN -- rank: 459

... commit theft by deception, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:20-4 (count one ... U.S. 36, 56, 124 S. Ct. 1354, 1367, 158 L. Ed. 2d 177, 195-96 (2004). A party seeking to introduce ... the writing [was] made in the regular course of business, [2] the writing was prepared within a short time of the ... that the computer record is what the proponent claims and (2) is sufficiently familiar with the record system used and (3 ... that business to make the record." Carmona v. Resorts Int'l Hotel, Inc. , 189 N.J. 354 , 380 (2007) (citations ...

docket:	a4186-13
court:	NJ Superior Court Appellate Division
decided:	2016-11-07
status:	unpublished
citation:
Document Size:	67123

1167 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. D.L.K. -- rank: 459

... DIVISION OF YOUTH AND FAMILY SERVICES, Plaintiff-Respondent, v. D.L.K., Defendant-Appellant. IN THE MATTER OF THE GUARDIANSHIP OF S.L.E., A Minor. _____________________________________________ Submitted September 28, 2005 - Decided Before Judges ... Yvonne Smith Segars, Public Defender, Law Guardian for minor S.L.E. (Janet L. Fayter, Assistant, Deputy Public Defender, of counsel and on the brief). PER CURIAM D.L.K., biological mother of S.L.E., appeals the termination of her parental rights pursuant ...

docket:	a3711-04
court:	njappellate
decided:	2005-10-11
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	49301

1168 DR. GARY KRUGMAN v. MAZIE SLATER KATZ & FREEMAN LLC -- rank: 459

... Court of New Jersey, Law Division, Essex County, Docket No. L-5513-13. Bruce H. Nagel argued the cause for appellant (Nagel Rice, L.L.P., attorneys; Mr. Nagel, of counsel and on the brief ... dismissing his complaint against defendants Mazie Slater Katz and Freeman, L.L.C. ("Mazie Slater") and Eric D. Katz ("Katz") with prejudice ... outcome of the pending [federal] appeal." Mazie Slater Katz & Freeman, L.L.C. v. Krugman , No. A-0718-12 (App. ...

docket:	a2611-13
court:	NJ Superior Court Appellate Division
decided:	2015-04-27
status:	unpublished
citation:
Document Size:	36584

1169 STATE OF NEW JERSEY v. MARTIN GOINS -- rank: 459

... Lago, Designated Counsel, of counsel and on the briefs). John L. Molinelli, Bergen County Prosecutor, attorney for respondent (Catherine A. Foddai ... of first-degree carjacking, N.J.S.A. 2C:15-2; one count of first-degree robbery, N.J.S.A ... Act's (NERA), N.J.S.A. 2C:43-7.2, eighty-five percent period of parole ineligibility. We affirmed the ... Teaneck Police Department, where he was advised of his Miranda 2 rights and executed a waiver form. After advising defendant of ... trial. See Strickland v. Washington , 466 U.S. 668 , 687, l 04 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693, reh'g denied , 467 U. ...

docket:	a2182-10
court:	NJ Superior Court Appellate Division
decided:	2012-10-03
status:	unpublished
citation:
Document Size:	39251

1170 In re: Princeton Office Park v. Plymouth Park Tax Services, LLC -- rank: 459

... Court of Appeals for the Third Circuit pursuant to Rule 2:12A-1. The Third Circuit’s inquiry is whether, under ... and set the redemption amount at $1,012,188.80. 2 On September 9 , 2008, while Plymouth Park’s foreclosure action ... favor of Princeton Office Park. In re Princeton Office Park, L.P. , 423 B.R. 795 , 797 (Bankr. D.N.J ... Third Circuit. Following oral argument, the Third Circuit invoked Rule 2:12A to raise a question that it considered to be ... an order accepting the question as certified, pursuant to Rule 2:12A. HELD: The Court answers the Third Circuit’s certified ... N.J.S.A. 54:5-87). (pp. 11-16) 2. The legislative purpose of the Tax Sale Law is ...

docket:	A-107-11
court:	NJ Supreme Court
decided:	2014-06-25
status:
citation:
Document Size:	90879