Search Rutgers Law Library N.J. Court Opinions

2836 STATE OF NEW JERSEY v. ROSS FINESMITH -- rank: 283

... New Jersey, Law Division, Somerset County, Indictment No. 05-07-111. Paul B. Brickfield argued the cause for appellant (Brickfield & Donahue and Fox Rothschild, L.L.P., attorneys; Mr. Brickfield and Alain Leibman, of counsel and ... denied , 532 U.S. 971 , 121 S. Ct. 1601 , 149 L. Ed.2d 468 (2001); United States v. Gerber , 994 F.2d ... U.S. 431 , 444, 104 S. Ct. 2507 , 2509, 81 L. Ed.2d 377 , 387-88 (1984). Put another way, ...

docket:	a1056-08
court:	NJ Superior Court Appellate Division
decided:	2009-04-21
status:	published
citation:	406 N.J. Super. 510 968 A.2d 715
Document Size:	68035

2837 DANIEL REICH, D.M.D v. BOROUGH OF FORT LEE ZONING BOARD OF ADJUSTMENT -- rank: 283

... Court of New Jersey, Law Division, Bergen County, Docket No. L-7963-07. Ira E. Weiner argued the cause for appellant ... and Mr. Weiner, of counsel and on the briefs; Daniel L. Steinhagen, on the briefs). Joseph G. Buro argued the cause ... expansion of a pre-existing nonconforming use requiring a variance; (2) plaintiff's variance application should have been regarded as a ... office to be "7 [spaces] for each medical practitioner, plus l for each employee in the maximum work shift or 1 ... adopt its attorney's interpretation that "[a]s long as l Doctor is occupying the practice at one time, it's ... would not come into effect "because it is the same 2,200 square feet devoted to medical use." The shared ...

docket:	a1677-08
court:	superior court appellate division
decided:	2010-07-29
status:	Published
citation:	414 N.J. Super. 483 999 A.2d 507
Document Size:	76904

2838 STATE OF NEW JERSEY v. I.R. -- rank: 283

... for respondent (Steven J. Kaflowitz, Assistant Prosecutor, of counsel; Patricia L. Cronin, Legal Analyst, on the brief). PER CURIAM Sixteen-year ... s verdict was against the weight of the evidence. R. 2:10-1 states that "the issue of whether a jury ... victim would ordinarily turn to for sympathy, protection and advice; (2) the statement must have been made within a reasonable time ... Jersey , 388 U.S. 461 , 87 S. Ct. 2120 , 18 L. Ed.2d 1321 (1967). There was sufficient evidence in the record ... not preclude admission of fresh complaint evidence. See State v. L.P. , 352 N.J. Super. 369 , 383-84 (App. ...

docket:	A0816-03
court:	NJ Superior Court Appellate Division
decided:	2005-12-27
status:	unpublished
citation:
Document Size:	41642

2839 CHARLES F. GEROFSKY v. PASSAIC COUNTY SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS -- rank: 283

... the cause for respondent Bergen County Prosecutor's Office (John L. Molinelli, Bergen County Prosecutor, attorney; Ms. Foddai, of counsel and ... President of the State SPCA, Charles F. Gerofsky, See footnote 2 brought an action in the Chancery Division that sought revocation ... of all laws . . . enacted for the protection of dumb animals." L. 1873, c. 311, § 1; N.J.S.A. 4:22-5. This legislation, as amended by L. 1893, c. 260, § 1, provides that "[s]uch [a county ... and consent of the Senate." N.J. Const. art. VII, § 2, ¶ 1. N.J.S.A. 2A:158-4 provides that ... 117 N.J. 450 , cert. denied , 498 U.S. 819 , 111 S. Ct. 63 , 112 L. Ed.2d 38 (1990). ...

docket:	a5040-03
court:	njappellate
decided:	2005-04-14
status:	published
citation:	376 N.J. Super. 405
Document Size:	36371

2840 SCOTT CHARD v. STATE OF NEW JERSEY and DEPARTMENT OF CORRECTIONS - -- rank: 283

... Court of New Jersey, Law Division, Mercer County, Docket No. L- 1281-15. Frank M. Crivelli argued the cause for appellants ... Jersey Law Enforcement Supervisors Association (NJLESA). Under the Agreement, an 2 A-5208-15T4 employee promoted to a new job title ... implementation of the Agreement. According to the Commission, OER 'ask[ed] for an amendment to N.J.A.C. 4A:3 ... the record.' Office of Emp. Relations, 154 N.J. at 111. An 'acknowledged mistake' is one admitted by the arbitrator. N ... 8(d). 12 A-5208-15T4 Highway Auth. v. Int'l Fed'n of Prof'l and Tech. Eng'rs, Local 193, 274 N.J. ...

docket:	a5208-15
court:	New Jersey Superior Court Appellate Division
decided:	2018-07-24
status:
citation:
Document Size:	32355

2841 A.B. and S.B.W. v. S.E.W. -- rank: 283

... both plaintiff and defendant as “Mama G and Mama Li’l.” In October 1994, plaintiff gave birth to S.B.W ... s original visitation decree must be upheld. (pp. 5-6) 2. Courts must consider the prejudice and foreseeable harm to a ... denied , 531 U.S. 926 , 121 S. Ct. 302 , 148 L. Ed 2 d 243 (2000). Nearly two years before we decided V ... W. called plaintiff “Mama G” and called defendant “Mama Li’l.”     Plaintiff gave birth to S.B.W. in October ...

docket:	a-155-01
court:	njsupreme
decided:	2003-04-01
status:
citation:	175 N.J. 588
Document Size:	32172

2842 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. K.H., SR. -- rank: 283

... or will continue to be endangered by the parental relationship; (2) The parent is unwilling or unable to eliminate the harm ... citing N.J.S.A. 30:4C-15.1(a)(2); In re Guardianship of R.G.L. , 344 N.J. Super. 418, 438-39 (App. Div. 2001 ... was pregnant with Kevin , (1) defendant was living with her; (2) she was using five to six bags of heroin per ... defendant's attitude made him a poor candidate for services; (2) defendant's delay in obtaining services allowed Kevin to bond ... N.J. Div. of Youth and Family Servs. v. G.L. , 191 N.J. 596 , 609 (2007)). Defendant contends that " ...

docket:	a3575-07
court:
decided:	2009-05-19
status:	Unpublished
citation:
Document Size:	51053

2843 MARIA GRIECO-HICKS v. BOARD OF TRUSTEES, TEACHERS PENSION AND ANNUITY FUND -- rank: 283

... argued the cause for appellant (Gaylord Popp, LLC, attorneys; Tanya L. Phillips, on the briefs). Amy Chung, Deputy Attorney General, argued ... description did not explicitly identify physical tasks of the position. 2 Based upon his August 2013 examination of petitioner and a ... to prove causation. Affirmed. 1 The restrictions included: "[m]aximum 2 hours a day of standing and walking. Less than 1 ... of stairs, lifting or carrying greater than 20 pounds, kneeling." 2 Plaintiff's job description identified the following "performance responsibilities": 1 ... the individual needs, abilities, and interests of all students assigned. 2. Creates a classroom environment that is conducive to learning and ... disease affecting a joint." Stedman's Medical Dictionary 161 (28th ed. 2006). 4 These two extremes relate to two prior ...

docket:	a0799-15
court:	NJ Superior Court Appellate Division
decided:	2017-05-11
status:	unpublished
citation:
Document Size:	29014

2844 STEPHEN WALSH VS STATE OF NEW JERSEY, DEPT. OF THE PUBLIC ADVOCATE -- rank: 283

... On appeal from Superior Court, Law Division, Hudson County.         Perry L. Lattiboudere, Deputy Attorney General, argued the cause for appellants (Deborah ... was not content in private practice, Ellen Koblitz, See footnote 2 the Deputy Public Defender in charge of the Hudson region ... letter to Smith dated July 18, 1989, Koblitz "strongly recommend[ed]" Walsh for a promotion. Smith denied the promotion on the ... Wilfredo Carabello) denied the request. See footnote 5     On December 2, 1993, Walsh filed a verified complaint in lieu of prerogative ... rejected for the reasons later explained in this decision. Footnote: 2 Ellen Koblitz is now a judge of the Superior Court ... most cabinet members. N.J. Const. , Art. 5, §4, para. 2 (any single head of a "principal department" serves "at ...

docket:	a3884-94
court:	njappellate
decided:	1996-04-23
status:	published
citation:	290 N.J.Super. 1
Document Size:	39529

2845 ROLANDO MONTERO v. BOARD OF REVIEW DEPARTMENT OF LABOR -- rank: 283

... 151 N.J. 463 (1997), cert. denied , 522 U.S. 111 , 118 S. Ct. 1043 , 140 L. Ed.2d 108 (1998). "In reviewing the factual findings made in ... s conclusions, they must be upheld. Clowes v. Terminix Int'l, Inc. , 109 N.J. 575 , 588-89 (1988). The burden ... at least ten times the individual's weekly benefit rate. L. 2010, c. 37 (effective July 1, 2010). Those changes are ...

docket:	a2051-10
court:	NJ Superior Court Appellate Division
decided:	2011-12-05
status:	unpublished
citation:
Document Size:	19076

2846 TOWNSHIP OF MONTCLAIR v. FRANK CERINO -- rank: 283

... Court of New Jersey, Law Division, Essex County, Docket No. L-4479-15. John J. Reilly argued the cause for appellants ... Verona property), which operates as DeCozen Chrysler Jeep Dodge; and (2) 665-679 Bloomfield Avenue, Montclair (the Montclair property), which operates ... The Anglo–American Legal Heritage 84 (Daniel R. Coquilette, 2d ed. 2004) ("No constable or other bailiff of ours shall take ... 223 N.J. Super. 35 , 37 (App. Div.), certif. denied , 111 N.J. 572 (1988). Our Supreme Court has held that ... in value of the part that remains (severance damage) or (2) the difference between the value of the entire property before ... use and enjoyment of the other (unity of use); and (2) that he substantially owns both parcels (unity of ownership). ...

docket:	a0753-15
court:	NJ Superior Court Appellate Division
decided:	2017-04-26
status:	unpublished
citation:
Document Size:	41689

2847 IBRAHIM ELBALLAT v. PARC HARRISON CONDO ASSOC. -- rank: 283

... COMPANY, Defendant, and SLADE INDUSTRIES, INC., Defendant-Respondent. ________________________________________________________________ Argued October 2, 2008 - Decided Before Judges Cuff and Baxter. On appeal from ... Court of New Jersey, Law Division, Hudson County, Docket No. L-3939-04. Michael C. Kazer argued the cause for appellant ... once plaintiff reinstituted his complaint. Hence, on or about March 2, 2004, plaintiff filed a stipulation of dismissal without prejudice. More ... indefinitely toll the running of the statute of limitations; and 2) plaintiff failed to exercise due diligence in seeking to discover ... happening of the accident. N.J.S.A. 2A:14-2. "Statutes of limitations are designed to stimulate litigants to pursue ... Farrell v. Votator Div. of Chemetron Corp. , 62 N.J. 111 , 115 (1973) (quoting Chase Sec. Corp. v. Donaldson , 325 ...

docket:	a1587-07
court:	NJ Superior Court Appellate Division
decided:	2008-10-20
status:	unpublished
citation:
Document Size:	36849

2848 HOMER B. DOLLAR v. NEW JERSEY STATE PAROLE BOARD -- rank: 278

... Submitted: April 14, 2008 - Decided: Before Judges Collester and C.L. Miniman. On appeal from the State Parole Board. Homer B ... 1 to -10. Appellant had also been convicted on March 2, 1977, of carnal abuse of a five-year-old child ... he would violate parole in the future because he "experience[ed] parole as an unfair curtailment of his freedom." For the ... COURT. POINT VII - N.J.A.C. 10A:71-4.2(e)(1), THE BOARD FAILED TO CONSIDER MATERIAL FACTS OR ... IN RESIDENCE . POINT VIII - N.J.A.C. 10A:71-2 (e)(1), THE BOARD FAILED TO CONSIDER MATERIAL FACTS OR ... OFFENDER . POINT IX - N.J.A.C. 10A:71-4.2 (e)(2), THE BOARD PANEL FAILED TO DEMONSTRATE, IN ...

docket:	a5803-06
court:	njappellate
decided:	2008-06-04
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	40183

2849 STATE OF NEW JERSEY v. WORDELL PHELPS -- rank: 278

... the victim allegedly had an altercation a few days earlier. 2 Defendant struck the victim in the head with a wooden ... 225 N.J. Super. 66 , 70 (App. Div.), certif. denied , 111 N.J. 609 (1988). To be sure, we note that ... denied , 475 U.S. 1014 , 106 S. Ct. 1193 , 89 L. Ed.2d 308 (1986), superseded in part by statute , N.J ... sufficient merit to warrant discussion in a written opinion." R. 2:11-3(e)(2). We add only the following brief comments. "Our courts ...

docket:	a0576-11
court:	NJ Superior Court Appellate Division
decided:	2012-12-20
status:	unpublished
citation:
Document Size:	29684

2850 HOVBILT, INC v. PETER LAIR -- rank: 278

... had agreed to provide him with a sales commission of $2,500 for each of the 965 units along with an ... that provided for payment to Lair, whether Lair had "breach[ed] the agreement by conveying the title to himself and then ... of the agreement with my adversary, went out and convert[ed] the property to my own personal use, mortgage[d] the ... and intercede, I want you to give me my [$]1.2 million anyway. Well, this is a court of fairness and ... agreement he had negotiated with Havighorst entitled him to a $2,500 commission on the sale of each unit. The judge ... on the method of payment for Lair's strawman services; 2) the trial court erred when it rejected Hovbilt's ...

docket:	a3813-08
court:	NJ Superior Court Appellate Division
decided:	2010-02-25
status:	unpublished
citation:
Document Size:	35365