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2626 MICHELE VIDAL v. ANTHONY GELAK -- rank: 312

... addition, defendant makes the point that because he works from 2:30 p.m. to 11:30 p.m. from Monday ... in denying her motion to modify the parenting time schedule 2 and her motion to recalculate child support. In reviewing a ... facts are not entitled to any special deference." Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. 366 ... order to effect this policy." N.J.S.A. 9:2-4. Both parties here have a fundamental right to "the ... served by modification of the existing custody order." Id. at 111. Although this case concerns visitation and not custody, we have ... denied , 531 U.S. 926 , 121 S. Ct. 302 , 148 L. Ed.2d 243 (2000). As in Faucett , the parties' ...

docket:	a1553-10
court:	NJ Superior Court Appellate Division
decided:	2011-06-14
status:	unpublished
citation:
Document Size:	35624

2627 /usr/local/share/www/libweb/collections/courts/appellate/a0868-19.opn.html -- rank: 312

... Court of New Jersey, Law Division, Essex County, Docket No. L-4784-19. Thomas A. Abbate argued the cause for appellant ... court. At just after 4:30 p.m. on September 2, 2018, a van driven by thirty-six-year-old Rene ... a toll plaza on the New Jersey A-0868-19T1 2 Turnpike. The initial New Jersey State Police Crash Investigation Report ... ontrol [d]evices,' that were discovered by the State Police.2 The report describes that Melendez's vehicle's first and ... it constituted the State Police initial report of the accident. 2 We discern this information from the coded portions of the ... denied plaintiff's claim, asserting the accident occurred on September 2, 2018; plaintiff's notice of tort claim was received ...

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2628 STATE OF NEW JERSEY v. L. H -- rank: 312

... 0602-09T40602-09T4 STATE OF NEW JERSEY, Plaintiff-Appellant, v. L. H., Defendant-Respondent. ________________________________ Argued: April 28, 2010 - Decided: Before Judges ... CURIAM The State appeals from the award to defendant of 2 , 145 days of gap time credits for the period April ... the consequence of N.J.S.A. 2C:44-5b(2) , as it is presently codified . The State is correct: that ... plain meaning of N.J.S.A. 2C:44-5b(2), the purpose of the statute, and the impracticality of any ... defendant has been sentenced previously to a term of imprisonment; (2) the defendant is sentenced subsequently to another term of imprisonment ... agree with the Ruiz analysis, and cannot conceive that the l egislative policy can be understood to distinguish this case, ...

docket:	a0602-09
court:	superior court appellate division
decided:	2010-06-16
status:	unpublished
citation:
Document Size:	35227

2629 IN THE MATTER OF THE ESTATE OF ALFRED IAPALUCCI, SR. -- rank: 312

... We intend no disrespect by this informality. A-3670-20 2 Al's daughter, Lynda Gazzara, joined by Al's three ... or, alternatively, to probate Fred's copy of the Will.2 Both sides moved for summary judgment. The judge initially accepted ... because the Will had been in Al's possession and 2 The two actions were heard together, although never formally consolidated ... stolen, and, pursuant to N.J.S.A. 3B:3-2 and -3, the executed copy of the Will should be ... a 'factual hearing.' 3 N.J.S.A. 3B:3-2 sets forth the requirements for wills and holographic wills. N ... executed in compliance with N.J.S.[A.] 3B:3-2, the document or writing is treated as if it ...

docket:	a3670-20
court:	NJ Superior Court Appellate Division
decided:	2022-10-05
status:	Unpublished
citation:
Document Size:	24089

2630 TEAMSTERS LOCAL 331 v. BOROUGH OF WEST WILDWOOD -- rank: 312

... of New Jersey, Law Division, Cape May County, Docket No. L-802-09. William G. Blaney argued the cause for appellant ... that the "unauthorized use of [Borough] purchase accounts and . . . property" 2 resulted in the conversion of his suspension to one without ... specifically discussed in the arbitration hearing by either party; and (2) that the arbitrator failed to apply the appropriate standard of ... purposes by Null. . . . . For all of the foregoing, the September 2, 2009 Arbitrator's Opinion and Award are hereby confirmed. The ... ns Workers of Am., AFL-CIO , 154 N.J. 98 , 111 (1998) (citation omitted). When parties have entered into a CNA ... s grievance. See Cnty. of Essex v. First Union Nat'l Bank , 373 N.J. Super. 543 , 555 (2004) (stating ...

docket:	a6131-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-24
status:	unpublished
citation:
Document Size:	32577

2631 STATE OF NEW JERSEY v. MICHAEL LISA -- rank: 312

... a controlled dangerous substance (CDS), N.J.S.A. 2C:2-1b was based on section 2.01(3) of the Model Penal Code, which contains identical ... made expressly sufficient by the law defining the offense; or (2) it may arise out of a duty to perform the ... Michael , A Rationale of the Law of Homicide, 37 Colum. L. Rev. 701, 751 (1937). See also State v. O'Brien , 32 N.J.L. 169 (Sup. Ct. 1867) (Failure of railroad switch-operator to ... Super. 360 , 365 (Ch. Div. 1969), aff'd o.b. , 111 N.J. Super. 550 (App. Div. 1970). We discern ...

docket:	a5358-05
court:	njappellate
decided:	2007-04-04
status:	published
citation:	391 N.J. Super. 556
Document Size:	69906

2632 BLANCA GUADALUPE LOPEZ DIOMEDES TAPIA v. 5 DE MAYO BAKERY, INC. -- rank: 312

... ERBA APARICIO, Defendants-Respondents, and MIGUEL GARCIA, Defendant. _________________________________ Submitted March 2, 2010 - Decided Before Judges Fuentes, Gilroy and Simonelli. On appeal ... Court of New Jersey, Law Division, Ocean County, Docket No. L-2350-04. David Tykulsker & Associates, attorneys for appellants (Mr. Tykulsker ... of N.J.S.A. 2C:41-1 to -6.2; 18 U.S.C.A. § 1589 and § 1590; and intentional ... part, that defendants failed to (1) pay prevailing minimum wages; (2) pay time and one-half of the regular hourly wages ... that he lacked jurisdiction over conjoined FLSA and NJWHL claims; (2) in finding that plaintiffs failed to meet the commonality requirement of Rule 4:32-1(a)(2) because the proposed class includes both tipped and non- ...

docket:	a2520-08
court:	superior court appellate division
decided:	2010-07-20
status:	unpublished
citation:
Document Size:	57199

2633 JOHN TAYLOR v. NEW JERSEY STATE PAROLE BOARD -- rank: 312

... legislative policies, i.e., did the agency follow the law; (2) whether the record contains substantial evidence to support the findings ... 224 N.J. Super. 534 , 547 (App. Div.), certif. denied , 111 N.J. 649 (1988). We find that the Board's ... S. 471 , 488-489, 92 S. Ct. 2593 , 2604, 33 L. Ed.2d 484 , 498-99 (1972).] Our state's Supreme Court ... U.S. at 489, 92 S. Ct. at 2604, 33 L. Ed. 2d at 499). Taylor appeared at the hearing, testified, ...

docket:	a5762-09
court:	NJ Superior Court Appellate Division
decided:	2011-12-08
status:	unpublished
citation:
Document Size:	16470

2634 STATE OF NEW JERSEY v. GARRET W. MATTOX -- rank: 312

... Early Release Act, N.J.S.A. 2C:43-7.2. On appeal, defendant challenges the court's jury instructions, certain ... art. I, ¶¶ 1, 9, 10. (partially raised below) 2 a. failure to provide a jury instruction on identification was ... error was "clearly capable of producing an unjust result." R. 2:10-2. See also R. 1:7-2; State v. Wakefield , 190 N.J. 397 , 473 (2007) ("[T ... Salaam , 225 N.J. Super. 66 (App. Div.), certif. denied , 111 N.J. 609 (1988). In Salaam , the defendant, armed ...

docket:	a0644-12
court:	NJ Superior Court Appellate Division
decided:	2014-12-26
status:	unpublished
citation:
Document Size:	38887

2635 STATE OF NEW JERSEY v. CAMILE LAMAR WILLIAMS -- rank: 312

... In November 2006, a Hudson County grand jury returned a 111-count indictment against defendant and five codefendants. The indictment charged ... 2C:15-1 and N.J.S.A. 2C:5-2; three counts of fourth-degree aggravated assault, N.J.S ... Release Act (NERA), N.J.S.A. 2C:43-7.2. On direct appeal, we reversed four of defendant's robbery ... admissibility of defendant's prior testimony at his own trial. 2 Nonetheless, the judge determined defendant could not show he suffered ... 668 , 687, 694, 104 S. Ct. 2052 , 2064, 2068, 80 L. Ed.2d 674 , 693, 698 (1984); accord , State v. Fritz , ...

docket:	a4090-14
court:	NJ Superior Court Appellate Division
decided:	2017-02-27
status:	unpublished
citation:
Document Size:	25567

2636 STATE OF NEW JERSEY v. DONALD R. JONES -- rank: 312

... Kaplan, Middlesex County Prosecutor, attorney; Mr. Gillet, of counsel; Susan L. Berkow, on the brief). PER CURIAM Defendant Donald R. Jones ... two homes in Edison, N.J.S.A. 2C:18-2, but found him guilty of three third-degree crimes based ... apartment building — 4A at 4 "X" Boulevard in Edison 2 — is within walking distance of the burglarized homes. Defendant ... N.J. Super. 66, 72-76 (App. Div.), certif. denied , 111 N.J. 609 (1988); State v. Childs , 204 N.J ... is error "clearly capable of producing an unjust result." R. 2:10-2; Rose , supra , 206 N.J. at 157. This is ...

docket:	a5758-10
court:	appellate
decided:	2013-03-11
status:	unpublished
citation:
Document Size:	48375

2637 /usr/local/share/www/libweb/collections/courts/appellate/a2439-19.opn.html -- rank: 312

... a/k/a MARTIN R. TACCETTA, Defendant-Appellant. __________________________ Argued March 2, 2022 – Decided June 29, 2022 Before Judges Gilson, Gooden ... Martin Taccetta of racketeering, N.J.S.A. 2C:41-2(c) and N.J.S.A. 2C:2-6; conspiracy to commit racketeering, N.J.S.A. 2C:41-2(b) to (d); and two counts of theft by extortion, N.J.S.A. 2C:20- 5 and 2C:2-6. His racketeering conviction was deemed a first-degree crime ... unconstitutionally vague. We reject that argument because A-2439-19 2 defendant's sentence was based on the specific facts ...

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court:	NJ Superior Court Law/Chancery Division
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2638 C.L.V J.P -- rank: 312

... NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2061-10T1 C.L.V., Plaintiff-Respondent, v. J.P., Defendant-Appellant. ________________________________________________ February 16 ... in this action brought by his ex-wife, plaintiff C.L.V., pursuant to the Prevention of Domestic Violence Act (the ... of his rights or permitted an adjournment or continuance. R. 2:11-3(e)(1)(E). We would add only that ... Corrente , 281 N.J. Super. 243, 250 (App. Div. 1995); (2) did not consider, as required by Silver v. Silver , 387 ... expression as to which part of the harassment statute applied 2 -- that harassment had occurred in what we discern to be ... children's presence. Second, the judge found that defendant "us[ed] bad language with her. There's no question about ...

docket:	a2061-10
court:	NJ Superior Court Appellate Division
decided:	2012-02-16
status:	unpublished
citation:
Document Size:	27552

2639 ANN ELIZABETH OTCHY andMICHAEL OTCHY, her husband,Plaintiffs-Appellants,v. CITY OF ELIZABETH BOARD OFEDUCATION,Defendant-Respondent. -- rank: 312

... on the ground that the statute of limitations See footnote 2 barred the action. The court determined that the relation-back ... two years provided in N.J.S.A. 2A:14-2.     Plaintiffs appeal, making numerous arguments, some of which were not ... be prejudiced in maintaining a defense on the merits, and (2) knew or should have known that, but for a mistake ... brought against him." Pressler, Current N.J. Court Rules , comment 2 on R. 4:9-3 (2000).     A misnomer occurs where ... Stevens-Davis Co. v. Peerless Service Laundry , 112 N.J.L. 304 , 306 (Sup. Ct. 1936) (allowing correct corporate title to ... statute of limitations. See Coventry v. Barrington , 117 N.J.L. 217 , 219 (E. & A. 1936); see also Mears v. ...

docket:	a5394-97
court:	njappellate
decided:	1999-10-15
status:	published
citation:	325 N.J.Super. 98
Document Size:	29838

2640 WILLIAM VILLALOBOS v. RONALD S. FAVA, et al. -- rank: 309

... from Superior Court of New Jersey,         Law Division, Morris County, L-1134-99.         Richard J. Simon argued the cause for         appellant ... extend to the one year statute of limitations under CEPA; (2) even if the rule was applicable to CEPA actions, plaintiff ... law, or a rule or regulation promulgated pursuant to law . . .;                 (2) is fraudulent or criminal; or                 (3) is incompatible with a ... rule applies to the Tort Claims Act, 164 N.J. 111, 117 (2000); Lamb v. Global Landfill , 111 N.J. 134 , 144-45 (1988); Ayers v. Jackson Twp ... action shall have accrued," N.J.S.A. 2A:14-2, it was held that the period of limitation of ...

docket:	a6470-98
court:	njappellate
decided:	2001-07-03
status:	published
citation:	342 N.J. Super. 38
Document Size:	27549