Search Rutgers Law Library N.J. Court Opinions

1141 ATLANTIC CITY ELECTRIC CO. v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 499

... The new rules were first proposed and published on October 2, 2006. See N.J.A.C. 7:13. They were ultimately adopted on October 2, 2007, and published on November 5, 2007. Appellants argue that ... APA), N.J.S.A. 52:14B-1 to -25; (2) the vegetation management provisions of the new rules create irreconcilable ... new rules, those that are now before us, on October 2, 2006. DEP incorporated some of the Task Force's recommendations ... activities" in "regulated areas." N.J.A.C. 7:13-2.1(a). Generally, a permit is required to conduct a ... and CAFRA 1 permits. N.J.A.C. 7:13-2.1(b). Because it considers certain activities to have ...

docket:	a1221-08
court:	NJ Superior Court Appellate Division
decided:	2011-07-22
status:	unpublished
citation:
Document Size:	66234

1142 IMO Nicholas Foglio -- rank: 499

... candidates who ranked lower on a competitive civil service examination. 2 On July 11 , 2007, the City appointed eligible candidates ranked ... anti-union animus.” Because the instant record “contain[ed] no evidence of unlawful motive,” the panel upheld the ... competitive.” N.J. Const. art. VII, § 1, ¶ 2; N.J.S.A. 11A:1-2(a). The merit and fitness principles underlying that constitutional provision ... permanent appointment.” N.J.A.C. 4A:4-4.2(c)(2). However, no right accrues to a candidate whose name ...

docket:	a-16-10
court:	superior court trial
decided:	2011-07-19
status:
citation:
Document Size:	86613

1143 Lowe’s Home Centers, Inc. v. Township of Raritan -- rank: 499

... is liable for a non-residential development fee equal to 2% of the equalized assessed value of the Lowe’s Home ... residential development . . . shall pay a development fee equal to two (2%) of the equalized assessed value for the non-residential development ... denied, 423 U.S. 808 , 96 S. Ct. 18 , 46 L. Ed. 2d 28 (1975) and Burlington County N.A.A.C.P. v. Township of Mount Laurel, 92 N.J. 158 (1993), and the Fair Housing Act, N.J.S.A ... development or the appraised value on the document utilized for 2 construction financing. Municipalities may also utilize any recognized industry ...

docket:	008173-09
court:
decided:	2011-11-03
status:
citation:
Document Size:	30891

1144 STATE OF NEW JERSEY v. MARK VERNAGLIA -- rank: 499

... degree forgery, N.J.S.A. 2C:21-1(a)(2); and fourth-degree deceptive business practices, N.J.S.A ... 668, 687-91, 104 S. Ct. 2052 , 2064-66, 80 L. Ed.2d 674 , 693-96 (1984), and an evidentiary hearing was ... deficient. Id. at 687, 104 S. Ct. at 2064, 80 L. Ed. 2d at 693. Performance is deficient when "counsel made errors ... U.S . at 694, 104 S. Ct. at 2068, 80 L. Ed. 2d at 698. "A reasonable probability is a ...

docket:	a1881-10
court:	NJ Superior Court Appellate Division
decided:	2013-01-28
status:	unpublished
citation:
Document Size:	28345

1145 State v. Timothy A. Smith -- rank: 499

... 5.1 Version This case can also be found at 158 N.J. 376. SYLLABUS (This syllabus is not part of ... record and should not have been disturbed. (pp. 10-12) 2. The constitutional right to confrontation is not absolute; it is ... Craig , 497 U.S. 836 , 110 S. Ct. 3157 , 111 L. Ed.2d 666 (1990), and adopted by this Court in State ... Texas , 380 U.S. 400 , 85 S. Ct. 1065 , 13 L. Ed.2d 923 (1965). ����In Mattox v. United States , the ...

docket:	a-213-97
court:	njsupreme
decided:	1999-06-04
status:
citation:	158 N.J. 376
Document Size:	50380

1146 AMA B. AFIRIYIE v. BANK OF AMERICA, N.A. -- rank: 499

... Plaintiff-Appellant/ Cross-Respondent, v. BANK OF AMERICA, N.A., 2 and DIANE LOWE, individually and as agent, servant and/or ... Court of New Jersey, Law Division, Essex County, Docket No. L-1987-08. Robert T. Pickett argued the cause for appellant ... with forgery, N.J.S.A. 2C:21-1(a)(2), and attempted theft by deception, N.J.S.A. 2C ... was valid. The criminal complaint was accordingly dismissed on April 2, 2007. The Litigation About a year later, in March 2008 ... s case, defendants moved for judgment under Rule 4:37-2(b). The court denied the motion as to the defamation ... or, in the alternative, remittitur pursuant to Rule 4:40-2. On October 15, 2010, the court issued an oral ...

docket:	a1595-10
court:	NJ Superior Court Appellate Division
decided:	2013-02-07
status:	unpublished
citation:
Document Size:	102913

1147 STATE OF NEW JERSEY v. MANUEL PEELER -- rank: 499

... 1) evidence, a knife and currency seized from defendant; and (2) defendant's statement to the police. On that same day ... conviction and sentence. We affirm. On the morning of September 2, 2002, Sergeant Sam Dickson of the Atlantic City Police Department ... U.S. 1 , 24, 88 S. Ct. 1868 , 1880, 20 L. Ed.2d 889 , 906 (1968), particularly when, as in this case ... U.S. 221 , 229, 105 S. Ct. 675 , 680, 83 L. Ed.2d 604 , 612 (1985). The officer may also perform ...

docket:	A0661-04
court:	NJ Superior Court Appellate Division
decided:	2006-07-21
status:	unpublished
citation:
Document Size:	86128

1148 STATE OF NEW JERSEY v. SHAWN SPIVEY -- rank: 499

... JERSEY, Plaintiff-Respondent, v. SHAWN SPIVEY, a/k/a SHAWN L. SPIVEY, Defendant-Appellant. ——————� ... ———————— Submitted June 2, 2015 – Decided July 6, 2015 Before Judges Yannotti and ... a different judge. The jury found defendant guilty of all 2 A-1155-13T2 counts, except for counts six (resisting arrest ... U.S. 784, 794, 89 S. Ct. 2056, 2062, 23 L. Ed. 2d 707, 716 (1969). The New Jersey Constitution similarly provides ... denied, 484 U.S. 944, 108 S. Ct. 331, 98 L. Ed. 2d 358 (1987). Nevertheless, 'the double jeopardy protection ...

docket:	a1155-13
court:	NJ Superior Court Appellate Division
decided:	2015-07-06
status:	unpublished
citation:
Document Size:	34844

1149 W.T. v. DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES -- rank: 499

... Decided March 1, 2007 Before Judges Coburn, Collester and S.L. Reisner. On appeal from a Final Agency Decision of the ... Services (Michael J. Haas, Assistant Attorney General, of counsel; Caitlin L. Aviss, Deputy Attorney General, on the brief). The opinion of ... party the same property rights as an absolute divorce. See L.M. v. Div. of Med. Assist ance a nd Health ... Skoloff & Lawrence J. Cutler, New Jersey Family Law Practice , §2.6 (12th ed. 2006). M.T. selected this option which accommodated her beliefs ... U.S. 837 , 842-843, 104 S. Ct. 2778 , 81 L. Ed 2 d (1984). On the contrary, the Medicaid ...

docket:	A0089-05
court:	NJ Superior Court Appellate Division
decided:	2007-03-01
status:	published
citation:	391 N.J. Super. 25 916 A.2d 1066
Document Size:	96712

1150 STATE OF NEW JERSEY VS JERRY GREEN -- rank: 499

... Superior Court of New Jersey, Law Division, Camden County. ��������Robert L. Hennessey, Designated Counsel, argued the cause for appellant (Ivelisse Torres ... attorney; Mr. Hennessey, of counsel and on the brief). ��������Deborah L. Fox, Assistant Prosecutor, argued the cause for respondent (Lee A ... into the residence to avoid apprehension. The Court noted that "[l]aw enforcement officers have a duty to enforce validly issued ... California , 401 U.S. 797 , 91 S. Ct. 1106 , 28 L. Ed.2d 484 (1971). The police in Hill had probable cause ... at 803-04, 91 S. Ct. at 1011-11, 28 L. Ed. 2d at 490.] ����Although Hill involved a warrantless ...

docket:	a3138-96
court:	njappellate
decided:	1999-02-23
status:	published
citation:	318 N.J.Super. 346
Document Size:	21606

1151 STATE OF NEW JERSEY v. JOHN JOHNS -- rank: 499

... NEW JERSEY, Plaintiff-Respondent, v. JOHN JOHNS, Defendant-Appellant. ______________________________________________________ May 2, 2011 Argued March 29, 2011 - Decided Before Judges Parrillo, Skillman ... Release Act (NERA), N.J.S.A. 2C:43-7.2, for the two armed robberies, committed in violation of N ... violation of N.J.S.A. 2C:12-1(b)(2), and two counts of possession of a handgun without a ... robberies the jury found defendant to have committed occurred around 2 a.m. on April 24, 2005 in the Egg Harbor ... Harbor Ramada Limited. Defendant first entered the motel at approximately 2:30 a.m. with a "large wad" of cash in ... him as the person who had entered the motel at 2:30 a.m. and asked to rent a room. ...

docket:	a2423-08
court:	NJ Superior Court Appellate Division
decided:	2011-05-02
status:	unpublished
citation:
Document Size:	44430

1152 STATE OF NEW JERSEY v. FRANK VASQUEZ -- rank: 499

... parole ineligibility term. N.J.S.A. 2C:43-7.2. On appeal, defendant presents the following arguments: POINT I BECAUSE ... that ground within ten days after the jury verdict. R. 2:10-1; R. 3:20-2. The time period may not be enlarged by the trial ... of justice under the law." Id. at 512 (quoting R. 2:10-1). Our "review is limited to the correction of ... we must consider whether this amounts to plain error. R. 2:10-2. Detective Martorano testified that after Luis identified defendant as ...

docket:	a3087-03
court:	NJ Superior Court Appellate Division
decided:	2012-04-30
status:	unpublished
citation:
Document Size:	55840

1153 STATE OF NEW JERSEY v. ALVIN McCONNEYHEAD -- rank: 499

... denied , 384 U.S. 1021 , 86 S. Ct. 1929 , 16 L. Ed.2d 1022 (1966). On appeal, defendant has not challenged the ... from the holding of State v. Tucker , 136 N.J. 158 (1994), defendant contends that his flight from the police did ... S. 621 , 626, 111 S. Ct. 1547 , 1550-51, 113 L. Ed.2d 690 , 697 (1991). In Hodari D. , the Court held ... S. 544 , 553-54, 100 S. Ct. 1870 , 1877, 64 L. Ed.2d 497 , 509 (1980); State v. Davis , 104 ...

docket:	a5482-07
court:	superior court appellate division
decided:	2011-01-03
status:	unpublished
citation:
Document Size:	32311

1154 REBEKAH S. ZAKROCKI v. FORD MOTOR COMPANY and FREEHOLD FORD -- rank: 499

... and FREEHOLD FORD, Defendant-Appellant. ________________________________________________________________ July 29, 2009 Argued February 2, 2009 - Decided Before Judges Carchman, Sabatino and Simonelli. On appeal ... Court of New Jersey, Law Division, Middlesex County, Docket No. L-10179-02. Douglas S. Eakeley argued the cause for appellant ... been cold or warm at the time of the accident. 2 The response added that Ford had identified 48,935 warranty ... and suffering and for permanent disability, plus a total of $2,626,479.89 for past and future medical expenses and ... and future lost wages. It then reduced the award by $2 million due to plaintiff's negligence by failing to wear ... omitted), cert. denied , ___ U.S. ___, 128 S. Ct. 1074 , 169 L. Ed.2d 817 (2008)). Accord Verdicchio v. Ricca , 179 ...

docket:	a5799-06
court:	New Jersey Superior Court Appellate Division
decided:	2009-07-29
status:	Published
citation:
Document Size:	118922

1155 Dorothy Matturi, et al. v. Board of Trustees of the Judicial Retirement System -- rank: 499

... 000 for calendar year 2002. N.J.S.A. 2B:2-4. II ����In separate letters dated January 29, 1999, the ... Board of Trustees of the Judicial Retirement System,� See footnote 2 denied requests made by the Healy and Matturi families for ... cases pursuant to N.J.A.C. 1:1-3.2 The matters were consolidated and the parties stipulated to the ... intended final salaries to be fixed, citing Franklin Tower One, L.L.C. v. N.M. , 157 N.J. 602 , 613 (1999) ("[L]egislative language must not, if reasonably avoidable, be found ...

docket:	a-65-00
court:	njsupreme
decided:	2002-07-24
status:
citation:	173 N.J. 368
Document Size:	72048