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2686 /usr/local/share/www/libweb/collections/courts/appellate/a2949-11a2951-11.opn.html -- rank: 304

... PER CURIAM In these consolidated appeals, S.G.C. (Chase) 2 and R.M.P. (Polk) appeal from an order entered ... to read." Also, Chase had a "hygiene problem and walk[ed] around the house dressed very inappropriately." The children's hair ... 1) the prior instances of neglect despite interventions and services; (2) his deflection of responsibility for the prior removals; (3) his ... or will continue to be endangered by the parental relationship; (2) The parent is unwilling or unable to eliminate the harm ... 337 , 348 (1999) (quoting In re Adoption of Children by L.A.S. , 134 N.J. 127 , 139 (1993)). We will ... child[ren]." N.J.S.A. 30:4C-15.1a(2). As we reviewed at length, the experts opined that ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	74826

2687 STATE OF NEW JERSEY v. PETER RUSCHMANN -- rank: 304

... defendant received in municipal court, including 180 days of incarceration. 2 This appeal followed. II. On an appeal such as this ... record from the municipal court. R. 3:23-8(a)(2). Our review of purely legal issues is plenary. State v ... 90 days . . . ." N.J.S.A. 39:4-50(a)(2). For a third or subsequent offense, the statute requires a ... N.J. 1 , 16, cert. denied , 498 U.S. 967 , 111 S. Ct. 429 , 112 L. Ed.2d 413 (1990), which held that the period of ...

docket:	a0527-12
court:	NJ Superior Court Appellate Division
decided:	2014-08-11
status:	unpublished
citation:
Document Size:	25199

2688 LEAH SKARBNIK v. LIFE TIME FITNESS, INC -- rank: 304

... INC., Defendant-Respondent. _________________________ Argued August 17, 2021 – Decided September 2, 2021 Before Judges Gilson and Gummer. On appeal from the ... Court of New Jersey, Law Division, Morris County, Docket Nos. L-0669-18 and L-0668-19. Kristofer Petrie argued the cause for appellant (Brach ... someone else, in the use of or A-3229-19 2 presence at a Life Time Fitness center, the use of ... or equipment, including any accidental or 'slip and fall' injuries; 2) Injuries arising from participation in supervised or unsupervised activities and ... out of fitness and exercise activities barred plaintiff's claim.2 Plaintiff opposed the motion but did not cross move ...

docket:	a3229-19
court:	NJ Superior Court Appellate Division
decided:	2021-09-02
status:	Unpublished
citation:
Document Size:	25922

2689 /usr/local/share/www/libweb/collections/courts/supreme/a2951-11.opn.html -- rank: 304

... PER CURIAM In these consolidated appeals, S.G.C. (Chase) 2 and R.M.P. (Polk) appeal from an order entered ... to read." Also, Chase had a "hygiene problem and walk[ed] around the house dressed very inappropriately." The children's hair ... 1) the prior instances of neglect despite interventions and services; (2) his deflection of responsibility for the prior removals; (3) his ... or will continue to be endangered by the parental relationship; (2) The parent is unwilling or unable to eliminate the harm ... 337 , 348 (1999) (quoting In re Adoption of Children by L.A.S. , 134 N.J. 127 , 139 (1993)). We will ... child[ren]." N.J.S.A. 30:4C-15.1a(2). As we reviewed at length, the experts opined that ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	74852

2690 JANICE WELLINGTON v. VALERIE WELLINGTON, n/k/a VALERIE NAPPA AND ALPHONSO NAPPA -- rank: 304

... best interests of the child. N.J.S.A. 9:2-7.1a. The statute sets forth criteria to guide the best interests determination, N.J.S.A. 9:2-7.1b, and provides that if a grandparent had been ... the child's best interests. N.J.S.A. 9:2-7.1c. First, we note that plaintiff was never the ... Granville , 530 U.S. 57 , 120 S. Ct. 2054 , 147 L. Ed.2d 49 (2000), our Supreme Court engrafted on the statute ... interests test is insufficient to meet this requirement. Id. at 111. In Moriarty , the Court determined the appropriate standard by ...

docket:	A4029-05
court:	NJ Superior Court Appellate Division
decided:	2006-11-06
status:	unpublished
citation:
Document Size:	66912

2691 CENTER FOR MOLECULAR MEDICINE AND IMMUNOLOGY v. TOWNSHIP OF BELLEVILLE, -- rank: 304

... real estate taxes for buildings, and the land See footnote 2 2 on which they are erected, used by nonprofit organizations engaged ... terminable earlier by the tenant's election not to continue." 2 Powell on Real Property § 16B.05[4]. Thus, the combination ... legal title" to it. Black's Law Dictionary , 1130 (7th Ed. 1999). But that settled proposition, by itself, does not control ... denied , 396 U.S. 987 , 90 S. Ct. 483 , 24 L. Ed.2d 452 (1969); Borough of Moonachie v. Port of ...

docket:	a5843-00
court:	njappellate
decided:	2003-01-17
status:	published
citation:	357 N.J. Super. 41
Document Size:	32988

2692 ANTHONY RUSSO v. NEW JERSEY STATE PAROLE BOARD -- rank: 304

... sentence: (1) a commuted life sentence for a 1961 murder; (2) a consecutive sentence of fifty years (with a twenty-year ... death. On January 17, 1972, the death sentence was commuted, 2 and parole was subsequently granted in August 1975. While on ... 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). Because Russo's most recent offense ... Russo was on parole at the time of the offense. 2 On January 17, 1972, the New Jersey Supreme Court in ... denied , 408 U.S. 942 , 92 S. Ct. 2849 , 33 L. Ed.2d 766 (1972), upon remand of the United ...

docket:	a5971-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-15
status:	unpublished
citation:
Document Size:	17979

2693 STATE OF NEW JERSEY v. RAYMOND L. FRANKLIN -- rank: 304

... NO. A- STATE OF NEW JERSEY,     Plaintiff-Respondent, v. RAYMOND L. FRANKLIN,     Defendant-Appellant. _____________________________________________________         Submitted February 1, 2005 - Decided April 22 ... were indicted for attempted murder, N.J.S.A. 2C:2-6, 2C:5-1 and 2C:11-3 (count one), second degree aggravated assault, N.J.S.A. 2C:2-6 and 2C:12-1b(1) (count two), third-degree ... assault on a corrections officer, N.J.S.A. 2C:2-6 and 2C:12-1b(5) (count three), second-degree ... outside as did defendant, a twenty-seven year old 6'2" tall male who weighed 240 pounds.     Moshen heard the door ... and his dentures fell out of his mouth. Moshen "crawl[ed] into the building and sought help from the other ...

docket:	A1793-02
court:	NJ Superior Court Appellate Division
decided:	2005-04-22
status:	published
citation:	377 N.J. Super. 48 871 A.2d 692
Document Size:	32712

2694 STATE OF NEW JERSEY v. DARRAL V. BLACK -- rank: 304

... of third-degree conspiracy, N.J.S.A. 2C:5-2 (Count One) ; third-degree possession of a controlled dangerous substance ... WASHINGTON , 541 U.S. 36 [ 124 S. Ct. 1354 , 158 L. Ed.2d 177 ] (2004). POINT V . THE TRIAL COURT ABUSED ITS ... we review those issues under the plain error rule, R. 2:10-2. A reviewing court will reverse on the basis of an ... defendant's argument in Point II. Under Rule 1:7-2, a defendant waives the right to contest an instruction ...

docket:	a1322-07
court:	NJ Superior Court Appellate Division
decided:	2009-07-23
status:	unpublished
citation:
Document Size:	51923

2695 DANIEL SHONTZ v. CUMBERLAND COUNTY -- rank: 304

... Court of New Jersey, Law Division, Cumberland County, Docket No. L-1055-02. Lawrence W. Lindsay argued the cause for appellant ... would be taking sick leave until further notice. On August 2, 1999, plaintiff submitted a certificate from Heeyul Lee Cho, M ... Delran Township Board of Education between November 1999 and February 2, 2000. Negotiations between plaintiff's attorney and Marchand to have ... provides a remedy, occurs. Beauchamp v. Amedio , 164 N.J. 111 , 116-17 (2002) (citing Tortorello v. Reinfeld , 6 N.J ... a third party is responsible. Lamb v. Global Landfill Reclaiming , 111 N.J. 134 , 144-45 (1988) (recognizing applicability of discovery ... criminal action was instituted by the defendant against the plaintiff, (2) that it was actuated by malice, (3) that there ...

docket:	A2711-06
court:	NJ Superior Court Appellate Division
decided:	2008-06-09
status:	unpublished
citation:
Document Size:	48455

2696 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. M.D. -- rank: 304

... denied , 455 U.S. 1019 , 102 S. Ct. 1716 , 72 L. Ed.2d 137 (1982)). Here, the "mistake" resulted in large measure ... in making his determination. Cf. N.J.S.A. 9:2-4c (in making an award of custody, the judge should ... Serv's v. C.S. , 367 N.J. Super. 76 , 111 (App. Div.) (noting, as a result of federal legislation and ... denied , 540 U.S. 1162 , 124 S. Ct. 1176 , 157 L. Ed.2d 1207 (2004); T.G. , supra , ___ N.J. Super. ...

docket:	a2491-09
court:	superior court appellate division
decided:	2010-08-31
status:	Unpublished
citation:
Document Size:	30696

2697 HEHER v. SMITH, STRATTON, WISE, HEHER AND BRENNAN -- rank: 304

... thwart a clear mandate of public policy. (pp. 13-15) 2. In Weiss v. Carpenter, Bennett & Morrissey , the Court clarified its ... CHRISTOPHER S. TARR, ANNE REICHELDERFER, ALEXANDER P. WAUGH, JR., WENDY L. MAGER, RICHARD J. PINTO, BRIAN P. SULLIVAN, SUZANNE M. McSORLEY ... together "former partner"), the following benefits:         (1) A stated benefit . . . .         (2) A supplemental benefit . . . .     The "stated benefit" was defined as "an ... agreement or the relationship, shall be submitted to arbitration.     5.2    Arbitration shall be the sole forum for the resolution of ... in partnership property under I.R.C. section 736(b)(2)(B), entitling said partner or the successor in interest of ... and if so, from what date, and in what amount; (2) whether Heher's stated benefit of $143,355 should ...

docket:	a-10-95
court:	njsupreme
decided:	1996-03-06
status:
citation:	143 N.J. 448
Document Size:	46478

2698 OF YOUTH AND FAMILY SERVICES v. D.D.F IN THE MATTER OF THE GUARDIANSHIP OF N.S.F and M.S.F Minors -- rank: 304

... N.J.S.A. 30:4C-15.1(a); and (2) failing to afford her procedural due process rights. We disagree ... terminated the mother's parental rights to five other children. 2 The Division conducted a Dodd removal 3 two days after ... or will continue to be endangered by the parental relationship; (2) The parent is unwilling or unable to eliminate the harm ... also N.J. Div. of Youth & Family Servs. v. G.L. , 191 N.J. 596 , 605 (2007) (instructing that trial court ... Family Servs. v. C.S. , 367 N.J. Super. 76 , 111 (App. Div.), certif. denied , 180 N.J. 456 (2004), supported ... denied , 540 U.S. 1162 , 124 S. Ct. 1176 , 157 L. Ed.2d 1207 (2004). In evaluating whether due process ...

docket:	a3738-10
court:	NJ Superior Court Appellate Division
decided:	2012-04-26
status:	unpublished
citation:
Document Size:	35645

2699 JOSEPH OETTINGER, JR v. STEVENS COMMERCIAL ROOFING LLC -- rank: 304

... a STEVENS ROOFING, Defendant-Respondent. _______________________________ July 24, 2013 Submitted July 2, 2013 - Decided Before Judges Sapp-Peterson and Sabatino. On appeal ... decision. In that amplification, the judge noted that "[t]he [L]egislature's inclusion of the word 'aggrieved' must have been ... actual harm to demonstrate that they have been "aggrieved," or (2) that a claimant is presumptively "aggrieved" when he or she ... D. Shambie Singer, Sutherland Statutory Construction § 21:14 (7th ed. 2009). Hence, the use of the disjunctive term "or" within ... provable. See Cox v. Sears Roebuck & Co. , 138 N.J. 2 , 19 (1994) (interpreting the Legislature's use of the word ... the Consumer Fraud Act, N.J.S.A. 56:8-2, as evidence that the Legislature intended for the statute' ...

docket:	a5027-11
court:	NJ Superior Court Appellate Division
decided:	2013-07-24
status:	unpublished
citation:
Document Size:	25244

2700 STATE OF NEW JERSEY v. J.L.G. -- rank: 304

... 3631-17 STATE OF NEW JERSEY, Plaintiff-Respondent, v. J.L.G., 1 Defendant-Appellant. _______________________ Argued January 25, 2021 – Decided ... old half-brother. When defendant returned upstairs where J.G. 2 A-3631-17 had remained, he pointed the gun at ... was attached to [defendant's] work belt . . . on the floor.' 2 J.G. described the gun as a 'black revolver.' After ... G.],' and 'made his way back to his [bed]room.' 2 Defendant carried a firearm for his job providing security for ... as defendant walked away, defendant kicked him slightly in the '[l]ower back.' After the incident, J.G. called his mother ... case' and an attack on his 'truthfulness or honesty' 'open[ed] the door.' Generally, '[a] prior consistent statement offered to ...

docket:	a3631-17
court:	NJ Superior Court Appellate Division
decided:	2021-07-30
status:	Unpublished
citation:
Document Size:	55444