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2566 AIDA MINEROS v. DIANA LONDON -- rank: 317

... Court of New Jersey, Law Division, Hudson County, Docket No. L-3794-13. George Sommers argued the cause for appellant. Moira ... ordered inspection occurred on April 20, 2015, but contended that 2 A-1091-15T4 on the date of the accident it ... or order as a matter of law.' R. 4:46-2(c). 'An issue of fact is genuine only if, considering ... consider 'this new certification of Mr. Landivar' as it 'enlighten[ed] the [c]ourt as to what he did when 7 ... J. 643, 649 (1993)); State v. Laster, 71 N.J.L. 586, 588-89 (E. & A. 1905). As Landivar stated, his ... entry upon land permitted by Rule 4:18-1(a)(2), including both 'inspection and measuring.' Ibid. Moreover, in moving ...

docket:	a1091-15
court:	NJ Superior Court Appellate Division
decided:	2018-06-19
status:	published
citation:
Document Size:	115976

2567 /usr/local/share/www/libweb/collections/courts/appellate/a3405-15.opn.html -- rank: 317

... A. 30:4-27.15(a). A municipal court judge 2 entered the order after denying Susan's request to convert ... at JSMC. The psychiatrist affirmed (1) she "personally examined" Susan, (2) Susan suffered "from a mental illness," (3) Susan, "if not ... next review hearing, without moving to supplement the record, R. 2:5-5, and without providing a transcript of the hearing. R. 2:5-4(a). Because of these deficiencies, we decline to ... In re Commitment of T.J. , 401 N.J. Super. 111 , 119 (App. Div. 2008) (citation omitted). We "reverse[] only when ... has been offered." N.J.S.A. 30:4-27.2(m). The Legislature further defined the purpose of the ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	24892

2568 STATE OF NEW JERSEY v. J.F.G. -- rank: 317

... is often difficult. As we observed in State v. M.L. , 253 N.J. Super. 13 , 22 (App. Div. 1991), certif ... it was "clearly capable of producing an unjust result." R. 2:10-2. Defendant's reliance on State v. Collier , 316 N.J ... jury were clearly capable of producing an unjust result. R. 2:10-2. Unquestionably, proper jury instructions are essential to a fair trial ... that was "clearly capable of producing an unjust result." R. 2:10-2. VI. Defendant also argues that he was ...

docket:	a1273-07
court:	NJ Superior Court Appellate Division
decided:	2009-07-22
status:	unpublished
citation:
Document Size:	73265

2569 SHARON MILLER GROMEK v. VITOLD F. GROMEK -- rank: 317

... hearing, the trial court entered a December 10, 2014 order, 2 which, in part, required defendant to pay his children's ... support arrears and credits. 1 This is their sixth appeal. 2 Defendant did not provide the court's reasoning for this ... 5, 2018) (slip op. at 3-4). A-0261-20 2 By 2019, defendant had still not satisfied these obligations. The ... Crews, 164 N.J. 11, 27 (2000). Rule 5:5-2(a) says a CIS 'shall be filed and served in ... order: 1) gave defendant an extension to refinance his house; 2) if he was able to refinance his house on time ... the following factors: (1) the financial circumstances of the parties; (2) the ability of the parties to pay their own ...

docket:	a0261-20
court:	NJ Superior Court Appellate Division
decided:	2023-06-15
status:	Unpublished
citation:
Document Size:	35093

2570 State v. Bunch -- rank: 317

... is inconsistent with ours, we overrule Moore . (Pp.9-15) 2. The jury instruction on second-degree eluding was not erroneous ... will consider his claim under the plain-error standard. R. 2:10-2; State v. Afanador , 151 N.J. 41 , 54 (1997). Under ... 417 , 446 (2002) (quoting State v. Martin , 119 N.J. 2 , 15 (1990)). We, therefore, address the trial court's charge ... among the group's members. Webster's Third New Intern'l Dictionary 97 (1971). When "any" is used in conjunction with ... the defendant. See State v. Constantino , 129 N.J. Super. 111 , 113 (App. Div. 1974) (concluding that words "any person" ...

docket:	a-21-03
court:
decided:	2004-08-03
status:
citation:	180 N.J. 534 853 A.2d 238
Document Size:	83859

2571 STATE OF NEW JERSEY v. RICHARD FALK -- rank: 317

... P. Kearns, III, Hunterdon County Prosecutor, attorney for respondent (Jeffrey L. Weinstein, Assistant Prosecutor, of counsel and on the brief). PER ... 120 N.J. 1 , cert. denied , 498 U.S. 967 , 111 S. Ct. 429 , 112 L. Ed.2d 413 (1990), that the convictions not be considered for ... Falk's applications as time-barred by Rule 7:10-2(b)(2) and declined to order that the 1981 and 1988 ...

docket:	a4844-12
court:	NJ Superior Court Appellate Division
decided:	2015-04-14
status:	unpublished
citation:
Document Size:	17502

2572 ADT SECURITY SERVICES, INC v. SYNNEX CORPORATION -- rank: 317

... Court of New Jersey, Law Division, Middlesex County, Docket No. L-3580-08. Timothy I. Duffy argued the cause for appellant ... seeking to dismiss the complaint pursuant to Rule 4:6-2(e), supporting the motion with a certification and other documents ... erred by: 1) granting summary judgment based on the ECD; 2) dismissing the complaint with prejudice under Rule 4:6-2(e) as it adequately pled causes of action for breach ... or order as a matter of law." R. 4:46-2(c); see also Brill v. Guardian Life Ins. Co. of ... the issue to the trier of fact." R. 4:46-2(c). On appeal, "the propriety of the trial court' ...

docket:	a1008-08
court:	superior court appellate division
decided:	2010-08-05
status:	unpublished
citation:
Document Size:	41883

2573 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. D.P IN THE MATTER OF THE GUARDIANSHIP OF C.P a minor -- rank: 317

... minor. ________________________________________________________________ Submitted September 24, 2008 - Decided Before Judges Fisher, C.L. Miniman and Baxter. On appeal from Superior Court of New ... Reunify, pursuant to N.J.S.A. 30:4C-61.2, and thus was no longer obliged to provide reunification services ... the child, or abandoned the child, or abused and neglect[ed] the child that there are ample grounds for terminating parental ... at great risk if returned to her mother's custody; (2) DYFS provided services to D.P. to assist her in ... U.S. 584 , 603, 99 S. Ct. 2493 , 2504, 61 L. Ed.2d 101 , 119 (1979)). In some cases, in order ...

docket:	a1627-07
court:	NJ Superior Court Appellate Division
decided:	2008-10-16
status:	unpublished
citation:
Document Size:	54629

2574 HERBERT WREDEN v. TOWNSHIP OF LAFAYETTE -- rank: 317

... Court of New Jersey, Law Division, Sussex County, Docket No. L-460-11. Lisa Nichole Roskos argued the cause for appellants ... state a cause of action pursuant to Rule 4:6-2(e). The Township submitted two certifications in support of its ... addressed in" that order; and the Township had been "provid[ed] . . . with an expectation of finality." Therefore, the judge concluded that ... were barred by N.J.S.A. 59:8-8b; (2) they were required to file a new notice of tort ... de novo, applying the same standard under Rule 4:6-2(e) that governed the motion court. See Frederick v. Smith ... complaint[,]" and, in determining whether dismissal under Rule 4:6-2(e) is warranted, the court should not concern itself ...

docket:	a5422-12
court:	NJ Superior Court Appellate Division
decided:	2014-06-17
status:	published
citation:	436 N.J.Super. 117 92 A.3d 681
Document Size:	33388

2575 JANNA MANES, v. JOHN GORDON JEROW -- rank: 317

... seven-year-old son. She also appeals from a September 2, 2016 order, terminating the parties' arrangement of jointly maintaining the ... Finally, she contends the second judge improperly terminated defendant's 2 A-0318-16T2 obligation to use the nanny and share ... Trtle is fun. Heli is a fakin idie;'1 and 2) 'Run a way,' accompanied by a sad face. On April ... ensuing letter to the parties' attorneys he summarized his findings.2 The letter stated, in part, the following: I found [the ... the shared custody arrangement set forth in the parties' earlier 2 On May 25, 2016, the judge entered an order authorizing ... with the child's bonding and relationships in both homes'; 2) denied plaintiff's request to send the child to ...

docket:	a0318-16
court:	New Jersey Superior Court Appellate Division
decided:	2018-08-22
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citation:
Document Size:	28003

2576 IN THE MATTER OF REGISTRANT A.R -- rank: 317

... identity of the victim. R. 1.38-3(c)(12). 2 A-0561-19 In March 1997, a Passaic County grand ... degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(1) (count one); second-degree sexual assault, N.J.S.A. 2C:14-2(b) (count two); and third-degree endangering the welfare of ... to register under Megan's Law and sentenced to CSL. 2 Dr. Mark Frank initially evaluated A.R. in 1997. Dr ... with psychopharmacological treatment.' He recommended 'sex offender specific psychotherapy, intense 2 While at ADTC, A.R. was convicted of third-degree ... Calabrese drafted a report recommending A.R. be placed in '[l]ow [t]ier [t]wo and possibly [t]ier [ ...

docket:	a0561-19
court:	NJ Superior Court Appellate Division
decided:	2021-09-29
status:	Unpublished
citation:
Document Size:	20191

2577 /usr/local/share/www/libweb/collections/courts/appellate/a0016-20.opn.html -- rank: 317

... her mother defendant was sexually abusing her. A-0016-20 2 Plaintiff immediately went to the police station with Beth to ... and sought to maintain a relationship with his biological daughter. 2 Plaintiff opposed defendant's exercising parenting time with Mary and ... not a wise choice.' Plaintiff tersely responded she would not 2 Based on the pending criminal charges, defendant was prohibited from ... All other terms of the June 7, 2019 order 'remain[ed] in full force in effect.' On March 10, 2020, defendant ... the Fathered by Rape statute, N.J.S.A. 9:2-4.1, applied and the record lacked clear and convincing ... 9 reconsideration, the judge ruled N.J.S.A. 9:2-4.1 was 'not applicable at this juncture.' The ...

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2578 STATE OF NEW JERSEY, DEPARTMENT OF LAW AND PUBLIC SAFETY, DIVISION OF ALCOHOLIC BEVERAGE CONTROL v. SAZ, INC. -- rank: 317

... 27, 2001, in violation of N.J.A.C. 13:2-23.1(a): No licensee shall sell, serve or deliver ... Shaker's license would be suspended for forty-five days; (2) thirty of those days would be converted to a $4 ... 45 day suspension will be stayed for a period of 2 years. In the event that there are no violations found ... nature similar to those charged in the instant matters within 2 years of the date of this Order, the 15 days ... in nature to those charged in the instant matter within 2 years of the date of this Order, the Division can ... underage patrons, in violation of N.J.A.C. 13:2-23.1(a), and two counts of allowing, permitting ...

docket:	a3413-04
court:	njappellate
decided:	2005-12-02
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	47032

2579 STATE OF NEW JERSEY V. JERMAINE WALKER -- rank: 317

... conspiracy, in violation of N.J.S.A. 2C:5-2 and N.J.S.A. 2C:5-1 and N ... 181 , 185-86 (1998); State v. Martin , 119 N.J. 2 , 15-17 (1990); State v. Federico , 103 N.J. 169 ... facts of the case. For example, in State v. Concepcion , 111 N.J. 373 (1988), the Court concluded in a case ... are satisfied that it did not constitute plain error. R. 2:10-2; see State v. Salaam , 225 N.J. Super. 66 , 69 ... 222 N.J. Super. 247 , 258 (App. Div.), certif. denied , 111 N.J. 89 (1988); see also State v. Lopez , ...

docket:	a2465-96
court:	njappellate
decided:	1999-06-30
status:	published
citation:	322 N.J.Super. 535
Document Size:	51353

2580 STATE OF NEW JERSEY v. REGINALD HARVEY -- rank: 317

... Release Act (NERA), N.J.S.A. 2C:43-7.2. We reverse and remand for a new trial. The facts ... charges are as follows. On May 18, 2003, at about 2:30 p.m., two individuals - one later identified as defendant ... and are, therefore, subject to the plain error rule. R. 2:10-2. After careful consideration of the record, we find that defendant ... looks to the charge as a whole.'" State v. Concepcion , 111 N.J. 373 , 376 (1988) (quoting State v. Freeman , 64 ... the offense. [Emphasis added.] This charge was plain error. R. 2:10-2. The trial court should not have equated ...

docket:	a5320-04
court:	njappellate
decided:	2007-06-28
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	41558