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2866 STATE OF NEW JERSEY v. MARK TOLBERT -- rank: 278

... Deputy Public Defender, of counsel and on the brief). Joseph L. Bocchini, Jr., Mercer County Prosecutor, attorney for respondent (Dorothy Hersh ... Release Act (NERA), N.J.S.A. 2C:43-7.2, the Graves Act, N.J.S.A. 2C:43-6c ... will be evaluated under the plain error standard of Rule 2:10-2, and will not warrant reversal on appeal unless it was ... jury is to decide." State v. Martin , 119 N.J. 2 , 15 (1990). However, when an error in a jury charge ... a fair trial, not a perfect one. State v. Boiardo , 111 N.J. Super. 219 , 233 (App. Div.), certif. denied , ...

docket:	a4405-07
court:	superior court appellate division
decided:	2010-07-02
status:	unpublished
citation:
Document Size:	52303

2867 STATE OF NEW JERSEY v. CHRISTINA M. MOHRMANN -- rank: 278

... these arguments to warrant discussion in a written opinion. R. 2:11-3(e)(2). We add only the following brief comments in affirming the ... N.J. 1, 16, cert. denied , 498 U.S. 967 , 111 S. Ct. 429 , 112 L. Ed.2d 413 (1990), the Court held that an uncounseled DWI ... within the five-year limit contained in Rule 7:10-2(b)(2). Affirmed. In addition, the stay of the ...

docket:	a2704-10
court:	NJ Superior Court Appellate Division
decided:	2011-11-22
status:	unpublished
citation:
Document Size:	14465

2868 IN RE CAFRA PERMIT NO. 87-0959-5 ISSUED TO GATEWAY ASSOCIATES -- rank: 278

... things: (1) fourteen major non-casino hotels (4,013 rooms); (2) a day care center and other commercial-type facilities including ... the project's impact on redevelopment in Atlantic City, and (2) showed (a) that the project's intercept parking component was ... waters," N.J.A.C. 7.7E-3.24(a)(2), consisting of "that portion lying upland of wetlands and beaches ... Gateway's CAFRA permit covering construction of (1) an interim 2,138-space casino employee parking lot, followed by a 4,000-space permanent employee parking area, (2) eight hotels, (3) 40,000 square feet of day care ... met here, at the Gateway site. The new commitment for 2,000 interim parking spaces and 4,000 total satisfies ...

docket:	a3868-93
court:	njappellate
decided:	1996-05-21
status:	published
citation:	290 N.J.Super. 498
Document Size:	47338

2869 IN THE MATTER OF ROGER S. DAWSON, JR. -- rank: 278

... entirety, reads as follows: RE: Roger S. Dawson, Jr. D.L. No. . . . Dear Sir or Madam: I represent Roger S. Dawson ... was denied. See N.J.A.C. 13:19-1.2(e) ("When a hearing request fails to set forth any ... the request for a hearing shall be denied."). On October 2, 2006, an Order of Suspension was issued by the MVC ... U.S. 535 , 539, 91 S. Ct. 1586 , 1589, 29 L. Ed.2d 90 , 94 (1971).] In most cases, the APA "does ... J. 73 , 98 (1990), cert. denied , 498 U.S. 1073 , 111 S. Ct. 799 , 112 L. Ed.2d 860 (1991); ...

docket:	A0815-06
court:	NJ Superior Court Appellate Division
decided:	2007-10-11
status:	unpublished
citation:
Document Size:	36882

2870 INTEGRITY MATERIAL HANDLING SYSTEMS, INC. v. M.G. DEMOLITION -- rank: 278

... Court of New Jersey, Law Division, Civil Part, Bergen County, L-1542-01. Donald J. Maizys argued the cause for appellant ... on the record, and in written form pursuant to Rule 2:5-1(b). On appeal, plaintiff argues that, "on the ... e.g. , Seacoast Builders Corp. v. Jackson Twp. Bd. of Ed. , 363 N.J. Super. 373 , 381 (App. Div. 2003). See ... S. 185 , 191, 57 S. Ct. 325 , 327-28, 81 L.Ed. 593 , 597 (1937); Trecartin Mahony v. Troast Constr. Co. , 21 ... 1956); Pressler, Current N.J. Court Rules , comment on R. 2:3-4 (2006). Plaintiff is in the business of ...

docket:	a4472-03
court:	njappellate
decided:	2006-06-20
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	35071

2871 JACQUELINE PALLADINO v. MICHAEL HEGARTY FUNERAL HOME INC. -- rank: 278

... Court of New Jersey, Law Division, Union County, Docket No. L-1859-15. Daniel B. Needle argued the cause for appellant ... viewing and burial." Defendants filed a motion to compel arbitration. 2 The motion admitted that the parties entered into a contract ... with a multi-page document, which he told her "reflect[ed] the terms agreed to on the handwritten statement, only with ... which are without sufficient merit to warrant discussion. See R. 2:11-3(e)(1)(E). We agree with the trial ... entering into any contract with the funeral director." Id. at 111 (emphasis added) (citation omitted). Therefore, as a matter of law ... document. Her fraud allegation warrants no further discussion here. R. 2:11-3(e)(1)(E). Finally, we agree with ...

docket:	a0946-15
court:	NJ Superior Court Appellate Division
decided:	2016-04-29
status:	unpublished
citation:
Document Size:	24004

2872 PRADEEP MADAN v. NEW JERSEY STATE PAROLE BOARD -- rank: 278

... legislative policy, i.e., did the agency follow the law; (2) whether the record contains substantial evidence to support the findings ... 24).] We conclude that the Board's action here "follow[ed] the law[,]" is supported by "substantial evidence" and is free ... factors deemed relevant: 1. Commission of an offense while incarcerated. 2. Commission of serious disciplinary infractions. 3. Nature and pattern of ... 1)"[p]rior criminal record [is] extensive and/or repetitive"; (2) "[n]ature of criminal record [is] increasingly more serious"; (3 ... behavior"; and (8) "[i]nsufficient problem(s) resolution [s]pecifically [l]ack of insight into criminal behavior; [m]inimiz[ing] conduct ... substantial credible evidence in the record as a whole. R. 2:11-3(e)(1)(D). Nevertheless, we add the ...

docket:	a0618-07
court:	NJ Superior Court Appellate Division
decided:	2008-12-11
status:	unpublished
citation:
Document Size:	48076

2873 STATE OF NEW JERSEY v. SUZANNE SYLVESTER -- rank: 278

... Joseph B. Truland, Jr., argued the cause for appellant. Annemarie L. Mueller, Assistant Prosecutor, argued the cause for respondent (Geoffrey D ... without parole, and imposed other statutorily required fines and penalties. 2 In this appeal, defendant's principal arguments are predicated on ... 1992, out of Branchburg, New Jersey, and again on April 2, 1991, out of Mendham, New Jersey. [Fifth.] On July 12th ... 120 N.J. 1 cert. denied , 498 U.S. 967 , 111 S. Ct. 429 , 112 L. Ed.2d 413 (1990), to address un-counseled DWI convictions ...

docket:	a5192-12
court:	NJ Superior Court Appellate Division
decided:	2014-03-10
status:	unpublished
citation:	437 N.J.Super. 1 96 A.3d 256
Document Size:	28781

2874 STATE OF NEW JERSEY v. LUCMAN DAZILME -- rank: 278

... sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(2). We therefore affirm and add only the following observations. The ... s failure to raise it during his trial. See R. 2:10-2. Applying that standard, our analysis of the facts and the ... to conclude that this argument is without merit. See R. 2:11-3(e)(2). Decisions concerning whether the State has sufficiently demonstrated the ...

docket:	a5681-04
court:	njappellate
decided:	2006-08-18
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	34347

2875 STATE OF NEW JERSEY v. BRIAN G. GARRETT -- rank: 278

... in length. N.J.S.A. 39:4-50(a)(2). Penalties for third or subsequent violations include a mandatory $1000 ... 120 N.J. 1 , cert. denied , 489 U.S. 987 , 111 S. Ct. 429 , 112 L. Ed.2d 413 (1990). Specifically, defendant argued that when he entered ... 1984 DWI conviction, was untimely. Pursuant to Rule 7:10-2(b), a petition must be filed no "more than five ... Rule 3:22-12 (a)(1) and Rule 7:10-2(c) to relax the five-year time limitation because ...

docket:	a2028-15
court:	NJ Superior Court Appellate Division
decided:	2017-07-13
status:	unpublished
citation:
Document Size:	15689

2876 IN THE MATTER OF THE ESTATE OF ALLAN C. SCHENECKER -- rank: 278

... by Schenecker's initials was handwritten next to their names. 2 On January 9, 2008, at his attorney's office, Schenecker ... original November 20, 2006 will and, consequently, died intestate; or (2) that, if the will were to be admitted to probate ... amount of $5000 per month was continued in an October 2, 2009 order. During a two-day trial on December 8 ... of the judge's legal conclusions is plenary. Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. 366 ... J. Eq. 181 [(Prerog. Ct. 1931)]; affirmed, on opinion below , 111 N.J. Eq. 355 [(E. & A. 1932), cert. denied , 288 U.S. 606 , 53 S. Ct. 397 , 77 L. Ed. 981 (1933)]. [ In re Bryan , 125 N.J. ...

docket:	a4161-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-10
status:	unpublished
citation:
Document Size:	42261

2877 MICHAEL LEVAS v. MIDWAY SHEET METAL, et al. -- rank: 278

... and, therefore, reject point I of appellants' brief. See footnote 2 2     Also on remand, the judge apportioned the responsibility for petitioner ... the worst, if not the worst, employment they have encounter[ed]. That's astounding that several people with so many years ... v. H.M. Enoch, Inc. , 280 N.J. Super. 96 , 111 (App. Div. 1995). Given the medical record, we, then, concluded ... Larson's Workers' Compensation Law § 153.01[1], at 153-2 to 153-3 (2000) (footnotes and citations omitted) (emphasis added ... the time of the "last injurious exposure."         [ Id. § 153.01[2], at 153-3 to 153-5 (footnotes and citations ...

docket:	a3577-98
court:	njappellate
decided:	2001-02-23
status:	published
citation:	337 N.J.Super. 341
Document Size:	53905

2878 LUZ LAYTEN v. CRAIG SMITH -- rank: 278

... Argued: May 20, 2009 - Decided: Before Judges Cuff and C.L. Miniman. On appeal from the Superior Court of New Jersey ... review." N.J. Div. of Youth & Family Servs. v. G.L. , 191 N.J. 596 , 605 (2007) (citation omit­ted). However ... 2007)), stay denied , ___ U.S. ___, 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. Twp. Comm. of Manalapan , 140 N.J. 366 ... dis­cretion." Hand v. Hand , 391 N.J. Super. 102 , 111 (App. Div. 2007). When the Prevention of Domestic Violence ...

docket:	a0724-08
court:	NJ Superior Court Appellate Division
decided:	2009-06-23
status:	unpublished
citation:
Document Size:	48604

2879 JEROME EDWARDS, et al. v. PRUDENTIAL PROPERTY AND CASUALTY COMPANY, et al. -- rank: 278

... at 357 N.J. Super. 196 or 814 A.2d 111. (NOTE: The status of this decision is Published .) Version NOT ... Court of New Jersey, Law Division, Camden County, Docket Numbers L-182-01 and L-2988-01.         John W. Trimble, Jr. and James C. Shah ... to dismiss for failure to state a claim, Rule 4:2-6(e), the trial court held that defendants owed no ... insureds under automobile liability policies issued by Allstate or Prudential; (2) they were named as defendants in personal injury actions for ... dismiss made by Allstate and Prudential under Rule 4:6-2(e). The court found no facts in the pleadings ...

docket:	A0590-01
court:	NJ Superior Court Appellate Division
decided:	2003-01-21
status:	published
citation:	357 N.J. Super. 196 814 A.2d 111
Document Size:	21807

2880 KIM NITZ v. SEAN FITZPATRICK -- rank: 278

... the arrears payments. The plenary hearing was held on February 2, 2010. The only witnesses were the two parties. Nitz was ... by Fitzpatrick in meeting his support obligations to his sons. 2 When, as in this case, an order for child support ... certif. denied , 126 N.J. 321 (1991); R. 5:5-2. The court relied on documented income information that the parties ... 118 N.J. 51 , cert. denied , 498 U.S. 951 , 111 S. Ct. 371 , 112 L. Ed.2d 333 (1990); In re DeMarco , 224 N.J. ...

docket:	a3452-09
court:	superior court appellate division
decided:	2011-01-21
status:	unpublished
citation:
Document Size:	32757