Search Rutgers Law Library N.J. Court Opinions

1171 DIVISION OF YOUTH AND FAMILY SERVICES v. B.D. and A.R.D., SR IN THE MATTER OF THE GUARDIANSHIP OF N.M.M.D., C.M.D. and A.R.D., JR Minors -- rank: 459

... CHOP) with a diaphragmatic hernia that was subsequently surgically repaired. 2 On September 11, CHOP contacted DYFS, concerned that, because of ... Disorder, but Lee opined that reunification with his son "appear[ed] possible, particularly if in-home support services [were] implemented." Lee ... the temporary six-month placement of their son with D.L., a nurse who worked at the medical day care that ... at the day care two days per week. When D.L. resigned from her position in February, she sought to enroll ... in another day care center. On March 17, 2004, D.L. expressed concerns about defendants' behavior to DYFS. She said that ... on the escalator railing because the boy enjoyed it. D.L. often brought food for Arthur Jr. to eat during ...

docket:	a4428-10
court:	NJ Superior Court Appellate Division
decided:	2012-07-16
status:	unpublished
citation:
Document Size:	54268

1172 NEW JERSEY MEADOWLANDS COMMISSION v. JOHN P. KEEGAN -- rank: 459

... Court of New Jersey, Law Division, Hudson County, Docket No. L-2108-09. Francis A. Kirk argued the cause for appellant ... property. Under Housing Authority of New Brunswick v. Suydam Investors, L.L.C. , 177 N.J. 2 (2003), condemned and contaminated property is valued "as if remediated ... award designed to do nothing more than avoid unjust enrichment. 2 I The subject property is Lot 28 of Block 25 ... waste." N.J.S.A. 13:17-1, -5, -6 ( L. 1968, c. 404 4 ). Originally known as the Hackensack ...

docket:	a6090-10
court:	NJ Superior Court Appellate Division
decided:	2013-04-19
status:	unpublished
citation:
Document Size:	52629

1173 CECELIA MAVICA INGRAHAM v. ORTHO-McNEIL PHARMACEUTICAL -- rank: 459

... and CARL DeSTEFANIS, Defendants-Respondents. _________________________________ August 25, 2011 Argued June 2, 2011 - Decided Before Judges Fuentes, Ashrafi and Newman. On appeal ... Court of New Jersey, Law Division, Middlesex County, Docket No. L-2926-08. Neil Mullin argued the cause for appellant (Smith ... the evidence most favorably to plaintiff, see R. 4:46-2(c); Brill v. Guardian Life Ins. Co. of Am. , 142 ... set forth definitively in Buckley v. Trenton Saving Fund Society , 111 N.J. 355 (1988). First, plaintiff must prove that defendant ... judgment, we apply the same standard under Rule 4:46-2(c) that governs the trial court. See Liberty Surplus Ins ... decides whether it has in fact been proved." Buckley , supra , 111 N.J. at 367. Here, for purposes of summary ...

docket:	a2216-10
court:	NJ Superior Court Appellate Division
decided:	2011-08-25
status:	published
citation:	422 N.J. Super. 12 25 A.3d 1191
Document Size:	38906

1174 STEPHANIE A. KRASTANOV v. K. HOVNANIAN/SHORE ACQUISITIONS, LLC -- rank: 459

... Court of New Jersey, Law Division, Ocean County, Docket No. L-2345-04. Robert Brigantic argued the cause for appellant (Maloof ... brief). Kevin MacGillivray argued the cause for respondent (Coughlin Duffy L.L.P., attorneys; Mr. MacGillivray, of counsel and on the brief ... acts. Azurak v. Corporate Prop . Investors , 175 N.J. 110 , 111-12 (2003); Mantilla v. NC Mall Assocs. , 167 N.J ... other contract provisions obliged safety precautions and programs, including: 7.2 The Prime Subcontractor shall be responsible during its performance of ... U.S. 242 , 249, 106 S. Ct. 2505 , 2511, 91 L. Ed.2d 202 , 212 (1986)). The trial judge must ...

docket:	a5923-06
court:	njappellate
decided:	2008-08-06
status:	unpublished
citation:	198 N.J. 311
Document Size:	101993

1175 STATE OF NEW JERSEY v. LUIS A. CRUZ, JR -- rank: 459

... suppress his confession. There was a hearing before Judge Martin L. Herman, who denied the motion and admitted the confession into ... Henderson , 397 N.J. Super. 398 (App. Div.), certif. grant ed , 195 N.J. 521 (2008), defendant argued that the police ... rule should be applied: "(1) purely prospectively to all cases; (2) prospectively to all cases but the case in which the ... 618 , 623-24, 85 S. Ct. 1731 , 1734-35, 14 L. Ed.2d 601 , 605 (1965)). Where a new rule has been ... and whether it would be furthered by a retroactive application, (2) the degree of reliance placed on the old rule ...

docket:	a4078-02
court:	njappellate
decided:	2008-09-05
status:	unpublished
citation:	197 N.J. 14
Document Size:	74673

1176 JOHN D. CONSTANTINE v. TOWNSHIP OF BASS RIVER -- rank: 459

... Court of New Jersey, Law Division, Burlington County, Docket No. L-2378-04. Sander D. Friedman argued the cause for appellant ... cause for respondent Township of Bass River (Barron, Baker & Posternock, L.L.P., attorneys; Mr. Barron, on the brief). Scott E. Rekant ... discuss that matter, Fernandez v. Willingboro Twp. , Docket No. BUR-L-003362-03, to provide context to the procedural history of ... to file an amended complaint, which he did on May 2, 2005. The amended complaint once again alleged that discovery fees ... 39:[4]-[1]31 or N.J.S.A. 53:2-3, municipalities have no authority to enact, either by ...

docket:	a5506-06
court:	njappellate
decided:	2009-04-03
status:	published
citation:	406 N.J. Super. 305
Document Size:	104466

1177 STATE OF NEW JERSEY v. RICHARD CHIPPERO -- rank: 459

... was guilty of a lesser-included offense." State v. Sloane , 111 N.J. 293 , 299 (1988); N.J.S.A. 2C ... denied , 540 U.S. 1160 , 124 S. Ct. 1169 , 157 L. Ed.2d 1204 (2004). On appeal, defendant does not explain the ... Kevin McMenemy's observation on the day of the murder. 2 The judge also repeated defendant's two alternate contentions: that ... judge. It conforms to N.J.S.A. 2C:14-2(a)(3), which sets out the elements of aggravated sexual ... support the jury verdict." Dolson v. Anastasia , 55 N.J. 2 , 6 (1969) (quotations omitted). Our review is not limited ...

docket:	A6401-02
court:	appellate
decided:	2006-08-09
status:	unpublished
citation:
Document Size:	62619

1178 STATE OF NEW JERSEY v. ANTHONY S. GENTILELLO -- rank: 459

... auto, N.J.S.A. 2C:12-1(c)(1)&(2), (counts two, three and four); and one count of third ... indicated that he drank a twenty-four ounce beer at 2:30 p.m. that day (Sunday) and used marijuana the ... westbound lane before making a turn from the eastbound lane; 2) defendant's failure to make proper observations of approaching traffic ... U.S. 218 , 226, 93 S. Ct. 2041 , 2047, 36 L. Ed.2d 854 , 862 (1973); State v. Miller , 76 N.J ... enton , 474 U.S. 104 , 106 S. Ct. 445 , 88 L. Ed.2d 405 (1985). In reviewing a trial court' ...

docket:	A0671-04
court:	NJ Superior Court Appellate Division
decided:	2005-10-21
status:	unpublished
citation:
Document Size:	94128

1179 THOMAS V. BOWERS, III v. THE NEW JERSEY JUDICIARY -- rank: 459

... Court of New Jersey, Law Division, Middlesex County, Docket No. L-8061-09. Glenn A. Montgomery argued the cause for appellant ... court stated that plaintiff could not invoke the "discovery rule" 2 to maintain his claim that he was wrongfully denied appointment ... return to work, and he was ultimately terminated on October 2. The discharge was the result of an operational hardship of ... m going to put my findings in writing under [ Rule ] 2:5-1[(b).]" Under Rule 2:5-1, within fifteen days of the mailing of the ... in writing or orally and recorded pursuant to R. 1:2-2." Plaintiff filed his notice of appeal on November ...

docket:	a1368-10
court:	NJ Superior Court Appellate Division
decided:	2011-08-29
status:	unpublished
citation:
Document Size:	84061

1180 MESQUITE TOWER CONSULTING, LLC v. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF DOVER -- rank: 459

... LLC d/b/a CINGULAR WIRE­LESS, OMNIPOINT FACILITIES NETWORK 2, LLC d/b/a T-MOBILE, Plaintiffs-Respondents, v. ZONING ... d/b/a CINGULAR WIRE­LESS, OMNIPOINT FACILITIES NET­WORK 2, LLC d/b/a T-MOBILE, and CELLCO P ARTNERSHIP ... 4, 2011 - Decided: Before Judges A.A. Rodríguez, C.L. Miniman and LeWinn. On appeal from the Superior Court of New Jersey, Law Division, Ocean County, Docket Nos. L-2925-05 and L-759-07. Ronald Kurzeja a rgue d the c aus ... cause for respondents Mesquite Tower Consulting, LLC, Omnipoint Facilities Network 2, LLC d/b/a T-Mobile, and Cellco Partnership ...

docket:	a4682-08
court:	New Jersey Superior Court Appellate Division
decided:	2011-09-07
status:	Published
citation:
Document Size:	88692

1181 STATE OF NEW JERSEY V. SEVEN THOUSAND DOLLARS, ET AL. -- rank: 459

... an intended but not-yet-committed offense. (pp. 9-12) 2.    The State must prove by a preponderance of the evidence ... two bands containing $1,000 each and one band of $2,000; the remainder of the money was in folded $100 ... of drug paraphernalia under N.J.S.A. 2C:36-2, a disorderly persons offense, for which the court later entered ... and untaxed special fuel. N.J.S.A. 2C:64-2, to enforce forfeiture of derivative contraband the State must bring ... of unlawful activity. N.J.S.A. 2C:64-1a(2)-(3). Thus, the unlawful activity can be a past crime ... States , 509 U.S. ___, ___, 113 S. Ct. 2801 , 2812, 125 L. Ed.2d 488 , 506 (1993) (Scalia J., concurring in ...

docket:	a-50-93
court:	njsupreme
decided:	1994-06-16
status:
citation:	136 N.J. 223
Document Size:	56042

1182 CRYSTAL ICE-BRIDGETON LLC v. CITY OF BRIDGETON -- rank: 459

... Court of New Jersey, Law Division, Cumberland County, Docket No. L-210-10. Jeffrey A. Dilazzero argued the cause for appellant ... judgment, we apply the same standard under Rule 4:46-2(c) that governs the trial court. See Liberty Surplus Ins ... hidden pockets of fire" because the "fire was still burning." 2 The Chief determined that the fire was "under control" by ... the demolition pursuant to N.J.A.C. 5:23-2.32(b)(2) and the procedural safeguards provided in N.J.S.A. 40:48-2.5(f)(2). In October 2011, Judge David W. ...

docket:	a1687-11
court:	NJ Superior Court Appellate Division
decided:	2012-11-13
status:	Published
citation:	428 N.J.Super. 576 54 A.3d 848
Document Size:	33319

1183 STATE OF NEW JERSEY v. MICHAEL W. BANKO -- rank: 459

... J. Scaliti, Assistant Prosecutor, argued the cause for respondent (John L. Molinelli, Bergen County Prosecutor, attorney; Mr. Scaliti and Brandy B ... s subsequent eliciting of testimony that responded to those questions; (2) repeated improper references to complainant Miles as a "victim" by ... I would imagine that must mean Feet Per Second. Number 2, impact capacity. Number 3, general data on the gun. The ... jury: (1) the lethal potential of the BB gun, and (2) the gun's muzzle velocity, specified in feet per second ... improper and possibly prejudicial testimony to come in without objection;" (2) a juror's involvement in the interrogation process "may lessen ... the presumption of innocence. In re Yengo , 84 N.J. 111 , 120 (1980); see also State v. Daniels , 182 N. ...

docket:	a4936-04
court:	njappellate
decided:	2006-11-16
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	124771

1184 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. P.H. -- rank: 459

... Appellant. IN THE MATTER OF B.H., K.C., and L.C., Minors. April 5, 2013 Argued December 11, 2012 - Decided ... argued the cause for minors B.H., K.C., and L.C. (Joseph E. Krakora, Public Defender, Law Guardian, attorney; Mr ... as a result of sexual conduct towards his two children, L.C. (Mary), born in July 2004, and K.C. (Tom), born in July 2006. 2 The court later terminated the litigation and allowed plaintiff, the ... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984) (as adopted in State v. ...

docket:	a0939-11
court:	NJ Superior Court Appellate Division
decided:	2013-04-05
status:	unpublished
citation:	430 N.J.Super. 220 63 A.3d 243
Document Size:	45928

1185 Stella A. Schaevitz Trust v. Dir, Div of Taxation -- rank: 459

... DIVISION OF TAXATION, : : Defendant. : 3 Decided December 14 , 1995 Peter L. Masnik for plaintiff (Kalikman and Masnik, attorneys). Gail L. Menyuk, for defendant (Deborah T. Poritz, Attorney General of New ... authority to review an Internal Revenue Service ("IRS") determination; and (2) what is the basis for stock sold when part of ... selling ahead of customer requirements during the period under review; (2) Deferring expenditures relative to the period until the following period ... 1987, following an audit called for in the merger agreement, $2.8497633 per share was released from escrow and paid to ... and has not been sold to any third party; and (2) the signatories to the Bill of Sale, Howard A. ...

docket:	11952-92
court:
decided:	1995-12-14
status:
citation:	15 N.J. Tax 296
Document Size:	112806