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2611 STATE OF NEW JERSEY v. COLUMBUS J. MANNING, JR. -- rank: 312

... 2006 - Decided October 19, 2006 Before Judges Lintner and C.L. Miniman. On appeal from the Superior Court of New Jersey ... distribution of a cocaine, N.J.S.A. 2C:5-2 (Count Eight). The State voluntarily dismissed the first two counts ... was not "clearly capable of producing an unjust result." R. 2:10-2. When requested, a trial judge should instruct a jury that ... case. Id. at 287-88; see also State v. Concepcion , 111 N.J. 373 , 379 (1988); Model Jury Charge (Criminal) , "Identification ... N.J. Super . 66, 69-72 (App. Div.), certif. denied , 111 N.J. 609 (1988); State v. Frey , 194 N. ...

docket:	a5494-03
court:	njappellate
decided:	2006-10-19
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	44669

2612 STEVEN JOHNSON v. NEW JERSEY STATE PAROLE BOARD -- rank: 312

... 2009 Submitted October 1, 2009 – Decided Before Judges C.L. Miniman and Waugh. On appeal from the New Jersey State ... of conspiracy contrary to N.J.S.A. 2C:5-2 and 2C:15-1. He was sentenced to five years ... Release Act (NERA), N.J.S.A. 2C:43-7.2, with credit for eleven days time served, and three years ... 224 N.J. Super. 534 , 547 (App. Div.), certif. denied , 111 N.J. 649 (1988). Third, on a parole revocation, we ... court pursuant to N.J.S.A. 2C:43-7.2 [the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2 Act] is revoked by the appropriate Board panel and ...

docket:	a0157-08
court:	superior court appellate division
decided:	2009-12-07
status:	unpublished
citation:
Document Size:	20052

2613 STATE OF NEW JERSEY v. WILBERT ANGOY, -- rank: 312

... Bergen County.     Ivelisse Torres, Public Defender, attorney     for appellant (Jay L. Wilensky, Assistant     Deputy Public Defender, of counsel and on     the ... New Jersey , 522 us 850, 108 S. Ct. 140 , 139 L. Ed.2d 88 (1997).     Beyond that, we find nothing erroneous or ... charge to the facts of a case, State v. Concepcion , 111 N.J. 373 (1988), we find no prejudicial failure to ... and saying that "Will [defendant] is beating me." See footnote 2 2 Ms. Service testified that after Patty came into the ...

docket:	a4105-97
court:	njappellate
decided:	2000-03-06
status:	published
citation:	329 N.J.Super. 79
Document Size:	23164

2614 J.M v. J.R -- rank: 312

... to the extent they (1) grant James expanded parenting time, (2) deny her request to modify the times of parenting exchanges ... 2953-08 (App. Div. Apr. 15, 2010) (slip op. at 2-6), which we incorporate by reference. We affirmed portions of ... the factors set forth in N.J.S.A. 9:2-4, as well as applicable case law, in determining what ... dealing with Jane when discussing matters relating to their daughter; (2) "the existence and reason[s]" for entry of the final ... James two nonconsecutive weeks of parenting time in the summer, 2 between June 30 and September 1. The judge also recognized ... the court.'" Hand v. Hand , 391 N.J. Super. 102 , 111 (App. Div. 2007) (quoting Higgins v. Polk , 14 N. ...

docket:	a4463-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-04
status:	unpublished
citation:
Document Size:	25530

2615 IN THE MATTER OF THE ESTATE OF AURELIA DEFRANK -- rank: 312

... or order as a matter of law." R. 4:46-2(c); Brill v. Guardian Life Ins. Co. of Am. , 142 ... S. 242 251-52, 106 S. Ct. 2505 , 2512, 91 L. Ed.2d 202 , 214 (1986)). There is a genuine issue of ... N.J. Super. 507, 514 (App. Div. 1995); Valley Nat'l Bank v. P.A.Y. Check Cashing , 378 N.J ... Div. 2005); Pressler, Current N.J. Court Rules , comment on 2.3.4 on R. 4 :46-2 (2014). In Shebar v. Sanyo Bus. Sys. Corp. , 111 ...

docket:	a4622-11
court:	NJ Superior Court Appellate Division
decided:	2013-10-15
status:	published
citation:	433 N.J.Super. 258 78 A.3d 595
Document Size:	38616

2616 JOHN APOSTOLIDIS v. ANASTASIA TAGIDOU -- rank: 312

... 2010 – Decided: Before Judges R.B. Coleman and C.L. Miniman. On appeal from Superior Court of New Jersey, Chancery ... review." N.J. Div. of Youth & Family Servs. v. G.L. , 191 N.J. 596 , 605 (2007) (citation omitted). However, even ... denied , 551 U.S. 1177 , 128 S. Ct. 7 , 168 L. Ed.2d 784 (2007). The Supreme Court has observed that matrimonial ... to the trial judge's conclusions of law, Manalapan Realty, L.P. v. Township Committee of Manalapan , 140 N.J. 366 ... sound discretion." Hand v. Hand , 391 N.J. Super. 102 , 111 (App. Div. 2007) (citation omitted). Defendant's first point ...

docket:	a6202-08
court:	superior court appellate division
decided:	2010-10-15
status:	unpublished
citation:
Document Size:	23381

2617 CHRISTINE M. ERNY v. ROY RUSSO, -- rank: 312

... plaintiff Christine M. Erny (plaintiff) was a passenger. See footnote 2 2 Plaintiff sustained serious injuries in the accident. Antoinette Merola (decedent ... 51 (App. Div. 1992).     Next, relying on Ostrowski v. Azzara , 111 N.J. 429 , 443 n.5 (1988), the judge further ... as] a doctrine of liability rather than damages." Ostrowski , supra , 111 N.J. at 443 n.5. Significantly, this court has ... dismissed , 414 U.S. 1106 , 94 S. Ct. 831 , 38 L. Ed.2d 733 (1973)] plurality written by Chief Justice Weintraub ...

docket:	a3159-98
court:	njappellate
decided:	2000-07-17
status:	published
citation:	333 N.J.Super. 89
Document Size:	41148

2618 LORENZO OLIVER v. NEW JERSEY STATE PAROLE BOARD -- rank: 312

... parole and received a twenty-seven month FET. On March l, 2004, petitioner had a second hearing, and a two-member ... 224 N.J. Super. 534 , 547 (App. Div.), certif. denied , 111 N.J. 649 (1998). We will set aside an agency ... S. 1 , 9-10, 99 S. Ct. 2100 , 2105, 60 L. Ed.2d 668 , 677 (1979) ("The parole-release decision . . . depends on ... U.S. at 10, 99 S. Ct. at 2105, 60 L. Ed. 2d at 677. One of these "imponderables" concerns a ...

docket:	A0920-04
court:	NJ Superior Court Appellate Division
decided:	2005-12-20
status:	unpublished
citation:
Document Size:	43072

2619 MADELINE MUISE, et al. v. GPU, INC., et al. -- rank: 312

... Decided March 7, 2007 Before Judges Lintner, Seltzer and C.L. Miniman. On appeal from the Superior Court of New Jersey, Law Division, Monmouth County, L-3587-99. Bruce D. Greenberg and Frank S. Gaudio argued ... failures in transformer bank number 1 and transformer bank number 2 resulted primarily from long-term insulation degradation, exacerbated by elevated ... a later study proposed replacement of transformer banks 1 and 2," the Muise II panel provided the following reasoning behind its ... Muise II , and the appellate panel's decision deserves respect; (2) they are in receipt of optional claim forms from defendants ... essentially reversed and improperly disregarded our decision in Muise II ; (2) the decisions in Thiedemann and Dabush are limited to ...

docket:	a6580-05
court:	njappellate
decided:	2007-03-07
status:	published
citation:	391 N.J. Super. 90
Document Size:	69043

2620 STATE OF NEW JERSEY v. RODERICK C. GOODJOHN, II -- rank: 312

... 2006 - Decided October 19, 2006 Before Judges Lintner and C.L. Miniman. On appeal from the Superior Court of New Jersey ... distribution of a cocaine, N.J.S.A. 2C:5-2 (Count Eight). The State voluntarily dismissed the first two counts ... was not "clearly capable of producing an unjust result." R. 2:10-2. When requested, a trial judge should instruct a jury that ... case. Id. at 287-88; see also State v. Concepcion , 111 N.J. 373 , 379 (1988); Model Jury Charge (Criminal) , "Identification ... N.J. Super . 66, 69-72 (App. Div.), certif. denied , 111 N.J. 609 (1988); State v. Frey , 194 N. ...

docket:	a4771-03
court:	njappellate
decided:	2006-10-19
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	44668

2621 THEODORE PRICE v. NEW JERSEY MANUFACTURERS INSURANCE COMPANY -- rank: 312

... v. NEW JERSEY MANUFACTURERS INSURANCE COMPANY,     Defendant-Appellant. _____________________________________         Argued February 2, 2004 - Decided April 12, 2004         Before Judges Wefing, Collester and ... Court of New         Jersey, Law Division, Hunterdon County,         Docket No. L-702-02.         Stephen O. Mortensen argued the cause         for appellant ... Whether that insured is legally entitled to recover damages; or 2.    As to the amount of damages which are recoverable by ... 1) the threshold issue of entitlement to recover damages or (2) the amount of the claim. If either one of these ... that such a case had been filed and settled) and (2) plaintiff's injuries.     Two months later, NJM's claims representative ... advising counsel to contact the claims representative if he "wish[ed] to discuss any aspect of this claim." In response ...

docket:	a3341-02
court:	njappellate
decided:	2004-04-12
status:	published
citation:	368 N.J. Super. 356
Document Size:	32974

2622 STATE OF NEW JERSEY v. HAROLD J. HOWELL -- rank: 312

... the ten officers who participated in executing the search warrant. 2 Defendant and his daughter testified that the police had not ... sufficient merit to warrant discussion in a written opinion." R. 2:11-3(e)(2). We focus, however, on defendant's contention, raised for the ... we review this issue under the plain error standard. R. 2:10-2. We ask whether the remarks were improper, and, if so ... California , 380 U.S. 609 , 85 S. Ct. 1229, 14 L. Ed.2d 106 (1965)), cert. denied , 390 U.S. ...

docket:	a2935-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-17
status:	unpublished
citation:
Document Size:	30725

2623 IN THE MATTER OF CZEZRE ADAMS, CITY OF NEWARK POLICE DEPARTMENT -- rank: 312

... See R. 1:38-3(c)(12). A-2618-20 2 read our text' and said he deleted the posted images ... asked if Adams posted the photos or videos to OnlyFans 2 and Adams replied that he had not. J.B. asked ... s Office and spoke with an assistant prosecutor in the 2 The Administrative Law Judge (ALJ) determined that 'OnlyFans is a ... which charged him with violating N.J.A.C. 4A:2- A-2618-20 5 2.3(a)(6), Conduct Unbecoming a Public Employee, and the ... 1.1, Conduct in Public and Private 3; Chapter 4:2.6, Obscene, Immoral or Offensive Material 4; Chapter 3: ...

docket:	a2618-20
court:	NJ Superior Court Appellate Division
decided:	2022-09-19
status:	Unpublished
citation:
Document Size:	34251

2624 CITY OF NEWARK v. SEIU LOCAL 617 -- rank: 312

... the law.' However, Article VIII requires Newark to apply progressive 2 A-1470-16T1 discipline unless the misconduct falls within certain ... original) (quoting Off. of Emp. Rels., 154 N.J. at 111-12). Whether the arbitrator exceeded his authority 'entails a two ... part inquiry: (1) whether the agreement authorized the award, and (2) whether the arbitrator's action is consistent with applicable law ... present in agreement nor agreed to by the parties; and (2) by converting the issue of just cause for the three ... a three-day suspension. See N.J.A.C. 4A:2-3.1 ('Minor discipline is a formal reprimand or a ... did not require Newark to apply progressive discipline for insubordination.2 Instead, Newark retained the right to impose major or ...

docket:	a1470-16
court:	NJ Superior Court Appellate Division
decided:	2018-09-04
status:	Unpublished
citation:
Document Size:	31894

2625 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. D.C. -- rank: 312

... only one bottle for food, or no food at all; (2) C.M.R. did not attend daycare for the entire ... C. was a (1) "high-risk parent for child neglect"; (2) "has difficulty prioritizing the needs of her daughter over her ... would suffer if she continued the relationship with C.R.; (2) D.C. completed counseling at ADV and "attended weekly psychological ... C.] from treatment on December 13, 2007, 'since she fail[ed] to accept responsibility for putting her child, [C.M.R ... or will continue to be endangered by the parental relationship; (2) The parent is unwilling or unable to eliminate the harm ... completed some services that were ordered by the court and (2) that the initial evaluations and progress reports recommend ed ...

docket:	a5473-07
court:
decided:	2009-06-08
status:	Unpublished
citation:
Document Size:	76220