Search Rutgers Law Library N.J. Court Opinions

2401 FRANCES PARKER v. JOHN W. POOLE, M.D. -- rank: 338

... also be found at 440 N.J.Super. 7 or 111 A.3d 101. (NOTE: The status of this decision is ... ————————— March 2, 2015 Before Judges Yannotti, Hoffman and Whipple. On appeal from ... Court of New Jersey, Law Division, Bergen County, Docket No. L-7098-09. Dennis T. Smith argued the cause for appellant ... by defendant revealed that Mr. Parker had developed a dehiscence. 2 Based on the risk of the incision re-opening, defendant ... have been clearly capable of producing an unjust result[.]" R. 2:10-2. A. We first address the trial court's comments ...

docket:	a1874-12
court:	NJ Superior Court Appellate Division
decided:	2015-03-02
status:	unpublished
citation:	440 N.J.Super. 7 111 A.3d 101
Document Size:	48192

2402 LOUIS RICCI v. CORPORATE EXPRESS EAST, INC., -- rank: 335

... found at 344 N.J. Super. 39, 779 A.2d 111. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION ... judgment on his claim alleging breach of the employment agreement; (2) that CEE's attorney's fee application was untimely; and ... 34 N.J. 66 (1961).      Black's Law Dictionary (7th Ed. 1999) defines insubordination as a "willful disregard of an employer ... give one other example, Webster's New International Dictionary (2d Ed. 1943) defines insubordinate as "[n]ot submitting to authority; disobedient ... As Ground for Dismissal of Public School Teacher , 78 A.L.R.3d 83 (1977); Annotation , Employee's Insubordination As Barring Unemployment Compensation , 26 A.L.R.3d 1333 (1969).     In this case, we have ...

docket:	a4681-99
court:	njappellate
decided:	2001-09-28
status:	published
citation:	344 N.J. Super. 39
Document Size:	24032

2403 STATE OF NEW JERSEY VS MARVIN MAYS -- rank: 335

... from someone who identifies himself as Marvin Mays". See footnote 2          At the charge conference conducted pursuant to R. 1:8 ... denied , 358 U.S. 821 , 79 S.Ct. 33 , 3 L.Ed.2d 62 (1958). Once a prima facie showing is made ... the material facts of the case. See State v. Concepcion , 111 N.J. 373 , 378 (1988). However, in Edmonds , the victim ... was clearly capable of producing an unjust result. See R. 2:10-2. Again, we infer from counsel's failure to object ...

docket:	a4077-95
court:	njappellate
decided:	1999-06-04
status:	published
citation:	321 N.J.Super. 619
Document Size:	28875

2404 STATE OF NEW JERSEY v. ADEWALE B. IDOWU -- rank: 335

... and aggravated assault, N.J.S.A. 2C:43-7.2. Concurrent six-month sentences were imposed on counts four and ... error was "clearly capable of producing an unjust result[.]" R. 2:10-2. Under N.J.R.E. 402, all relevant evidence is ... U.S. 284 , 295, 93 S. Ct. 1038 , 1046, 35 L. Ed.2d 297 , 309 (1973)), cert. denied , 540 U.S. 1160 , 124 S. Ct. 1169 , 157 L. Ed.2d 1204 (2004). These rights may not be ...

docket:	a6442-06
court:	superior court appellate division
decided:	2009-06-30
status:	unpublished
citation:
Document Size:	49889

2405 STATE OF NEW JERSEY v. FAREED M. GANDHI -- rank: 335

... for respondent (Patricia B. Quelch, Assistant Prosecutor, of counsel; Jamie L. Schron, Legal Assistant, on the brief). PER CURIAM Defendant was ... 2002); State v. W orthy , 329 N.J. Super. 109 , 111 (App. Div. 2000). Indeed, the model jury charge has been ... But see W orthy , supra , 329 N.J. Super. at 111. Defendant's argument that the instruction was deficient because it ... controlling. No further discussion on this issue is warranted. R. 2:11-3(e)(2). III We next address the Miranda issue. Although defendant's ... U.S. at 477, 86 S. Ct. at 1629, 16 L. Ed. at 725; State v. Gosser , 50 N.J. ...

docket:	a0667-07
court:	NJ Superior Court Appellate Division
decided:	2009-03-20
status:	unpublished
citation:
Document Size:	66583

2406 ELLEN HEINE v. STATE OF NEW JERSEY -- rank: 335

... Court of New Jersey, Law Division, Bergen County, Docket No. L-3268-12. Ellen Heine, appellant, argued the cause pro se ... the City of Garfield and other entities. 1 We affirm. 2 Plaintiff is an experienced litigant in our court concerning her ... App. Div.) ( Heine ), appeal dismissed as moot , __ N.J. __ (Apr. 2, 2013). This action also concerns the property on Van Bussum ... showing of an abuse thereof." Lamb v. Global Landfill Reclaiming , 111 N.J. 134 , 146 (1988). Furthermore, we must uphold a ... Heine and her federal lawsuit, Heine v. City of Garfield , 2:11-cv-2655 (ES-CLW). Stating that "it is unclear ... is seeking to file a Tort Claim," the city "presum[ed]" that she was seeking "to preserve whatever state law ...

docket:	a5739-11
court:	NJ Superior Court Appellate Division
decided:	2013-04-25
status:	unpublished
citation:
Document Size:	28331

2407 RUTH E. OLSVARY v. NEW JERSEY MOTOR VEHICLE COMMISSION -- rank: 335

... of alcohol while driving in Dade County Florida on April 2, 2007. Appellant presumably refused to allow a breath chemical test ... 1. The State's inability to provide the appropriate proofs; 2. The State's lack of notice and due process . . .; 3 ... to be presented. N.J.A.C. 13:19-1.2(d). The MVC ordered suspension of appellant's New Jersey ... of suspension inaccurately states the date of the Florida conviction; (2) the inordinate delay between the start of her Florida suspension ... denied , 393 U.S. 933 , 89 S. Ct. 291 , 21 L. Ed.2d 269 (1968); Cresse v. Parsekian , 81 N.J. ...

docket:	a5604-07
court:
decided:	2009-04-29
status:	Unpublished
citation:
Document Size:	34591

2408 STATE OF NEW JERSEY v. TARIQUE SCOTT -- rank: 335

... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984). New Jersey has adopted the Strickland ... Arizona , 384 U.S. 43 , 686 S. Ct. 1602 , 16 L. Ed 2 d (1966), defendant presents no further legal argument. Defendant has ... N.J. Super. 231 , 248-49 (App. Div.), certif. denied , 111 N.J. 653 (1988). Consequently, no Miranda warnings were ...

docket:	a1038-10
court:	NJ Superior Court Appellate Division
decided:	2011-08-29
status:	unpublished
citation:
Document Size:	27173

2409 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. Z.P.R. and W.R. -- rank: 335

... or with a relative due to unstable housing. See footnote 2 2 In March 2001, DYFS placed W.A.R. and I ... R. and I.D.R. be evaluated within "the next 2 weeks either at CPC or [by] Kathryn Hall." Z.P ... N.J. 146 , 161-62 (1964); State in Interest of L.E.W. , 239 N.J. Super. 65 , 76 (App. Div ... a misunderstanding of the applicable legal principles. See Manalapan Realty, L.P. v. Tp. Comm. of Manalapan , 140 N.J. 366 ... 615-16 (Wash. 1990), cert. denied , 498 U.S. 1046 , 111 S. Ct. 752 , 112 L. Ed.2d 772 (1991), ...

docket:	A1709-01
court:	NJ Superior Court Appellate Division
decided:	2002-06-13
status:	published
citation:	351 N.J. Super. 427 798 A.2d 673
Document Size:	25691

2410 STATE OF NEW JERSEY v. JOHN WILSON -- rank: 335

... I. Yvonne Smith Segars, Public Defender, attorney for appellant (Jay L. Wilensky, Assistant Deputy Public Defender, of counsel and on the ... denied , 534 U.S. 858 , 122 S. Ct. 136 , 151 L. Ed.2d 89 (2001). A prosecutor is entitled to respond to ... defendant's right to a fair trial." State v. Concepcion , 111 N.J. 373 , 379 (1988). When examining the jury charge ... context of the material facts of the case." Concepcion , supra , 111 N.J. at 379. As the Supreme Court noted in ... denied , 393 U.S. 971 , 89 S. Ct. 408 , 21 L. Ed.2d 384 (1968)). That is what happened here. ...

docket:	a4585-05
court:	njappellate
decided:	2007-04-27
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	24826

2411 State v. Juan Carlos Villar -- rank: 335

... stein) for an unlawful purpose of striking Nancy Gollar; and 2) whether, following a reversal for incorrect jury instructions, there may ... 1) the item possessed was a weapon as statutorily defined; 2) the defendant possessed the weapon with knowledge or awareness of ... unlawfully may be inferred from the circumstances. (pp. 5-6) 2. A jury instruction on a charge of possession of a ... offense of the third-degree aggravated assault charge. See footnote 2 On the second-degree aggravated assault charge, involving bodily injury ... the regulation of criminal assault. In State v. Sloan e , 111 N.J. 293 (1988), we explained that the Legislature has ... weight, it became a weapon capable of inflicting bodily injury. (2) Gollar and her companion testified that defendant picked up ...

docket:	a-123-96
court:	njsupreme
decided:	1997-07-17
status:
citation:	150 N.J. 503
Document Size:	41044

2412 A.A. v. CHRISTOPHER J GRAMICCIONI ESQ. -- rank: 335

... Court of New Jersey, Law Division, Monmouth County, Docket No. L-2568-13. Larry S. Loigman argued the cause for appellant ... right is limited. Citing N.J.S.A. 47:1A-2.2(c) and -3, the judge noted that a custodian is ... pertaining to an investigation in progress by a public agency. 2 II. On appeal, A.A. challenges the sua sponte dismissal ... complaint must be filed in accordance with Rule 4:67-2(a), which requires the filing of an OTSC and verified ... OTSC and verified complaint, as required by Rule 4:67-2(a). The lack of a verified complaint renders the ...

docket:	a0946-13
court:	NJ Superior Court Appellate Division
decided:	2015-09-17
status:	published
citation:	442 N.J.Super. 276 122 A.3d 353
Document Size:	29659

2413 MARY DiNARDO v. THE CITY OF JERSEY CITY -- rank: 335

... 10, 2011 Argued May 31, 2011 - Decided Before Judges C.L. Miniman and LeWinn. On appeal from the Superior Court of New Jersey, Law Division, Hudson County, Docket No. L-3406-10. D. Gayle Loftis argued the cause for appellant ... to settle meritorious claims prior to the bringing of suit; (2) to provide the public entity with prompt notification of a ... attorney, of the ninety[-]day notice requirement of the TCA, [(2)] on her grief following her husband's tragic death, and ... sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(1)(E). We affirm substantially for the ... on "findings of fact . . . adequately supported by [the] evidence." R. 2:11-3(e)(1)(A). We add only the ...

docket:	a0781-10
court:	NJ Superior Court Appellate Division
decided:	2011-08-10
status:	unpublished
citation:
Document Size:	23060

2414 STATE OF NEW JERSEY v. S.B -- rank: 335

... disfavoring admission under the relevant PTI Guidelines, especially factors (1), (2), (3), (7), (10) and (17) under N.J.S.A ... U.S. 424 , 432, 122 S. Ct. 2226 , 2232, 153 L. Ed.2d 430 , 440 (2002)). Preemption applies in three circumstances: "(1) where Congress has expressly preempted state law; (2) where Congress has legislated so comprehensively that federal law occupies ... R. §§ 0.55(a), 0.55(i), 0.72(a)(2) and 0.72(a)(7) (2009). Nothing in those regulations ... 49 U.S.C.A. § 46505. In particular, subsection (b)(2) of Section 46505 provides that "[a]n individual shall ...

docket:	a4487-07
court:	superior court appellate division
decided:	2009-10-09
status:	unpublished
citation:
Document Size:	64527

2415 M.D. and N.D v. V.H. -- rank: 335

... Grandparent Visitation Act (the Act), N.J.S.A. 9:2-7.1. Vicky also appeals the court's denial of ... per week until she was two-and- A-1518-20 2 a-half years old. The arrangement discontinued at Vicky's ... took] in this litigation.' The court stressed that Vicky 'remain[ed] extremely angry at [the] [g]randparents for their support of ... and ultimate death.' The court determined Vicky's 'anger prevent[ed] her from rationally considering what [was] in [her daughter's ... factors: (1) The relationship between the child and the applicant; (2) The relationship between each of the child's parents or ... best interests of the child. [N.J.S.A. 9:2-7.1(b).] The court found that 'all but ...

docket:	a1518-20
court:	NJ Superior Court Appellate Division
decided:	2021-12-13
status:	Unpublished
citation:
Document Size:	27535