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2926 STATE OF NEW JERSEY v. RAUL CALDERON -- rank: 265

... Theodore J. Romankow, Union County Prosecutor, attorney for respondent (Peter L. Benza, Assistant Prosecutor, of counsel and on the brief). PER ... denied , 382 U.S. 990 , 86 S.Ct. 564 , 15 L.Ed.2d 477 (1966).] The Supreme Court, expressly referencing our model ... has signed a written acknowledgment of the trial date, or (2) trial has commenced in defendant's presence. We have long ... commencement thereof." State v. Lynch , 177 N.J. Super. 107 , 111 (App. Div.), certif. denied , 87 N.J. 347 (1981). Under ... merit to warrant any further discussion in this opinion. R. 2:11-3(e)(2). Affirmed. The record reveals that ...

docket:	a2686-05
court:	NJ Superior Court Appellate Division
decided:	2008-09-09
status:	unpublished
citation:	197 N.J. 13 960 A.2d 743
Document Size:	30530

2927 STATE OF NEW JERSEY v. ROBERT EDWARDS -- rank: 265

... 66-08. Stephen M. Pascarella, attorney for appellant. Theodore F. L. Housel, Atlantic County Prosecutor, attorney for respondent (Jack J. Lipari ... hearing, and sought evidence of excusable neglect, Rule 7:10-2(b)(2), a further hearing was conducted on July 14, 2008. Edwards ... his conclusion, the judge first noted that Rule 7:10-2(b)(2) provides that a petition for post-conviction relief based on ... sub nom. Laurick v. New Jersey , 498 U.S. 967 , 111 S. Ct. 429 , 112 L. Ed.2d 413 (1990), ...

docket:	a2500-08
court:	NJ Superior Court Appellate Division
decided:	2009-09-11
status:	unpublished
citation:
Document Size:	26809

2928 STATE OF NEW JERSEY v. DARNELL R. HICKS -- rank: 265

... Designated Counsel, of counsel and on the brief). Theodore F.L. Housel, Atlantic County Prosecutor, attorney for respondent (Jack J. Lipari ... Burton, in violation of N.J.S.A. 2C:5-2 and N.J.S.A. 2C:39-7, based on ... Release Act (NERA), N.J.S.A. 2C:43-7.2, for conspiracy to commit second-degree aggravated assault and the ... clearly without merit and does not warrant extended discussion. R. 2:11-3(e)(2). Most of the prosecutor's alleged objectionable comments were properly ... 223 N.J. Super. 145 , 152 (App. Div.), certif. denied , 111 N.J. 584 (1988). Defendant's argument that his ...

docket:	a0097-08
court:	superior court appellate division
decided:	2010-08-12
status:	unpublished
citation:
Document Size:	82349

2929 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.J. -- rank: 265

... Counsel, on the brief). PER CURIAM Defendant A.J. (Allyce) 2 appeals from a March 31, 2014 Family Part judgment of ... of the hearings. The Division filed for guardianship on May 2, 2013. On March 31, 2014, after a two-day non ... or will continue to be endangered by the parental relationship; (2) The parent is unwilling or unable to eliminate the harm ... Family Servs. v. C.S. , 367 N.J. Super. 76 , 111 (App. Div.), certif. denied , 180 N.J. 456 (2004). The ... U.S. 745 , 764, 102 S. Ct. 1388 , 1400, 71 L. Ed.2d 599 , 613 (1982) (noting that "[u]nlike criminal ...

docket:	a3665-13
court:	NJ Superior Court Appellate Division
decided:	2014-12-09
status:	unpublished
citation:
Document Size:	25566

2930 J.B. v. J.S.B. -- rank: 265

... pro se. Karen Kirchoff Saminski, LLC, attorney for respondent (Amy L. Bernstein, on the brief). PER CURIAM In this post-judgment ... plan, the court directed them to return for further proceedings. 2 Plaintiff spoke to the child's pediatrician, who recommended a ... that the MSA was extremely favorable to defendant, who "received 2.5 years of alimony, following a four-year marriage, . . . which ... appeal followed. On appeal, defendant argues that the judge "fail[ed] to review all evidence in the case" and that he ... special deference to the judge's legal conclusions, Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. 366 ... 225 N.J. Super. 33 , 36 (App. Div.), certif. denied , 111 N.J. 649 (1988). Indeed, it is also well- ...

docket:	a5461-12
court:	NJ Superior Court Appellate Division
decided:	2014-10-03
status:	unpublished
citation:
Document Size:	24143

2931 STATE OF NEW JERSEY v. D.C.M., Jr. -- rank: 265

... on the brief; Mary Gibbons Whipple, on the brief). James L. McConnell, Assistant Prosecutor, argued the cause for respondent (Wayne J ... have been clearly capable of producing an unjust result." R. 2:10-2. Where an appellant failed to object to the charge, R. 1:7-2, specifically provides that a showing of plain error must be ... commission of the offense charged.'" Ibid. (citing State v. Sloane , 111 N.J. 293 , 301-03 (1988)). Applying these principles to ... that the defendant caused serious bodily injury to another; and (2) that the defendant acted purposely or knowingly or acted ...

docket:	a4257-04
court:	njappellate
decided:	2007-01-11
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	37536

2932 STATE OF NEW JERSEY v. THOMAS DONNELLY -- rank: 265

... of New Jersey, Law Division, Burlington County, Municipal Appeal No. 2-14. Thomas Donnelly, appellant pro se. Robert D. Bernardi, Burlington ... forth in N.J.S.A. 39:4-50(a)(2), must be imposed. The facts providing context for this legal ... illegal, or whether it was the benefit of some Laurick 2 argument." The judge stated, "I have nothing from any court ... the passage of time from the first DWI offense. See L. 1977, c. 29, § 1 (codified, as amended, N.J ... purposes. [ N.J.S.A. 39:4-50(a)(3).] 2 State v. Laurick , 120 N.J. 1 , cert. denied , 498 U.S. 967 , 111 S. Ct. 429 , 112 L. Ed.2d 413 (1990). ...

docket:	a5041-13
court:	NJ Superior Court Appellate Division
decided:	2016-01-12
status:	unpublished
citation:
Document Size:	23575

2933 LARISA PAVLOVA, et al. v. MINT MANAGEMENT CORP., et al. -- rank: 265

... Court of New         Jersey, Law Division, Middlesex County,         Docket No. L-6507-01.         William H. Mergner, Jr. argued the cause for ... it. There were no injuries. Another fire started on December 2, 1995, when clothing in a shopping cart placed near the ... that serious harm would arise from the defendant's conduct; (2) The defendant's awareness or reckless disregard of the likelihood ... could support such an award. 361 N.J. Super. at 111. There, a pedestrian was hit while crossing a road, when ... facie case for the award of punitive damages. See footnote 2 Di Giovanni v. Pessel , supra , 55 N.J. at 190 ... for leave to appeal was filed in this matter. Footnote: 2 Punitive damages, in any event, are not permitted on ...

docket:	a6156-03
court:	njappellate
decided:	2005-03-07
status:	published
citation:	375 N.J. Super. 397
Document Size:	30141

2934 DAVID MURPHY AND MARILYN MURPHY v. DANTE IMPLICITO, M.D., GEORGE JACOBS, M.D. -- rank: 265

... the Superior Court of New Jersey, Law Division, Bergen County, L-5998-00. Michael J. Epstein argued the cause for appellants ... J. 678 (2000) (citing Dolson v. Anastasia , 55 N.J. 2, 5 (1969)). The "motion shall be denied if the evidence ... sustain a judgment in plaintiff's favor." R. 4:37-2(b). The essential issue in evaluating such a motion is ... 4 (1983); cf. Starozytnyk v. Reich , 377 N.J. Super. 111 , 128-29 (App. Div. 2005) (affirming dismissal of claim for ... facie showing of damages to survive the Rule 4:37-2(b) motion. While the question of what damages, if any ... denied , 409 U.S. 1064 , 93 S. Ct. 560 , 34 L. Ed.2d 518 (1972)). To establish a viable informed ...

docket:	A3172-03
court:	NJ Superior Court Appellate Division
decided:	2005-09-22
status:	unpublished
citation:
Document Size:	76564

2935 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. C.P. -- rank: 265

... record. N.J. Div. of Youth & Family Servs. v. G.L. , 191 N.J. 596, 605 (2007); N.J. Div. of ... E.P. , supra , 196 N.J. at 104 (quoting G.L. , supra , 191 N.J. at 605). Here, the Family Part ... placements." N.J. Div. of Youth & Family Servs. v. K.L.W. , 419 N.J. Super. 568 , 580 (App. Div. 2011 ... hearing process of N.J.A.C. 10:120A-3.2. The Division ruled out three potential placements, the two grandparents ... Court of N.J., Appellate Div. , 498 U.S. 951 , 111 S. Ct. 371 , 112 L. Ed.2d 333 (1990). A judge conducting a judicial ...

docket:	a1263-13
court:	NJ Superior Court Appellate Division
decided:	2014-10-01
status:	unpublished
citation:
Document Size:	49334

2936 FIRST UNION NATIONAL BANK v. PENN SALEM MARINA, INC. -- rank: 265

... Defendants-Appellants, and MARVIN K. HITCHNER, III and FGS ASSOCIATES, L.L.C., Defendants. _________________________________ Argued February 9, 2009 - Decided Before Judges Lisa ... Budd Larner, attorneys; Mr. Anton, James B. Daniels and Megan L. Morey, on the brief). PER CURIAM This case arises from ... 13, 2005 in a final foreclosure judgment for $1,042,111.36 plus additional interest, a larger amount than the Law ... due as of January 13, 2005, to be $1,148,111.44, or approximately $2000 less than the original judgment. The ... merit and warrant no discussion beyond the following comments. R. 2:11-3(e)(1)(E). Our review of the ...

docket:	a4348-07
court:	njappellate
decided:	2009-03-12
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	47195

2937 PIO a/k/a PETER TARQUINIO v. CLAUDIO TARQUINIO -- rank: 265

... CLAUDIO TARQUINIO, TAMMY TARQUINIO, EVEX, INC., EVEX ANALYTICAL INSTRUMENTS, INC., 2 486 ROUTE 206, LLC, CTTK, LLC, and EVEXGLOBAL, LLC, Defendants ... and intend no disrespect by this informality. A-1802-18T1 2 Although Peter's judgments were obtained after the DBR creditors ... totaling $3,205,259,4 which judgment was docketed on 2 The judgment was amended from an earlier judgment entered on ... Trustee. As such, the DBR creditors asserted the proceeds 'remain[ed] subject to the [b]ankruptcy [c]ourt's jurisdiction[,]' thereby ... judgment if no execution was issued. See Burg v. Edmondson, 111 N.J. Super. 82, 85 (Ch. Div. 1970). Further, 'a ... facts are not entitled to any special deference[,]' Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. ...

docket:	a1802-18
court:	NJ Superior Court Appellate Division
decided:	2020-01-22
status:	Unpublished
citation:
Document Size:	31190

2938 LARRY PRICE v. OZ HOLDINGS, LLC -- rank: 265

... Court of New Jersey, Law Division, Hudson County, Docket No. L-1377-17. Larry Price, appellant, argued the cause pro se ... follow, we vacate the judgment and remand for further findings. 2 A-3452-17T2 The subdivision approval that the Board granted ... think that's the appropriate configuration for this property. Being L shaped is unusual. You don't see that in the ... he subdivision create[d] an undersized [new] lot and render[ed] the existing commercial site nonconforming,' which was not permissible. 6 ... that the Board's approval of the required '(d)(1)'2 use variance was improper because OZ failed to establish 'special ... 1 N.J.S.A. 40:55D-70(c)(1) 2 N.J.S.A. 40:55D-70(d)(1) ...

docket:	a3452-17
court:	NJ Superior Court Appellate Division
decided:	2019-05-22
status:	Unpublished
citation:
Document Size:	29317

2939 T.F. v. F.S. -- rank: 265

... the sexual assault to the police on November 10, 2015. 2 On redirect, plaintiff testified she told the police about the ... opposing party." State v. Cullen , 428 N.J. Super. 107 , 111-12 (App. Div. 2012) (citing State v. Menke , 25 N ... denied , 362 U.S. 956 , 80 S. Ct. 873 , 4 L. Ed.2d 873 (1960). Similarly, a trial court may "exercise reasonable ... respond to (1) admissible evidence that generates an issue, or (2) inadmissible evidence admitted by the court over objection." State v ... Horay about which DePinto had no personal knowledge, plaintiff "open[ed] the door to introduction of other parts of that ...

docket:	a2137-15
court:	NJ Superior Court Appellate Division
decided:	2017-07-07
status:	unpublished
citation:
Document Size:	34687

2940 OF CHILD PROTECTION AND PERMANENCY v. M.Z IN THE KINSHIP MATTER OF J.W a minor -- rank: 265

... substantiated against defendant, the children were removed from the home, 2 and Jessie was placed with her father, defendant R.W ... Family Servs. v. C.S. , 367   N.J. Super.   76, 111 (App. Div.), certif. denied , 180 N.J. 456 (2004). "A ... or children." N.J. Div. of Youth & Family Servs. v. L.L. , 201 N.J. 210 , 222-23 (2010). KLG is "an ... and expected functions of care and support of the child; (2) the parents' inability to perform those functions is unlikely to ... disorder was cured or that it no longer "significantly impact[ed] her ability to safely parent" Jessie. Thus, t he ...

docket:	a1005-15
court:	NJ Superior Court Appellate Division
decided:	2017-04-24
status:	unpublished
citation:
Document Size:	39932