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1756 STATE OF NEW JERSEY v. MARK P. MCCAFFREY -- rank: 452

... aggravated assault, N.J.S.A. 2C:12-1(b)(2) (counts two and four); third-degree possession of a weapon ... Release Act (NERA), N.J.S.A. 2C:43-7.2.2 On appeal, defendant raises the following points for our consideration ... acquittal, pursuant to Rule 3:18-1, was also denied. 2 After appropriate mergers, defendant was sentenced to a twelve-year ... concurrent one-year sentence on count seven. A-0313-18T1 2 THE TRIAL COURT'S FAILURE TO CAUTIOUSLY CONSIDER WHETHER THE ... guy,' who was an old friend of hers. At around 2:45 a.m., when the bar was about to ...

docket:	a0313-18
court:	NJ Superior Court Appellate Division
decided:	2020-05-18
status:	Unpublished
citation:
Document Size:	63382

1757 STATE OF NEW JERSEY v. MARTIN CARLUCCIO -- rank: 452

... appellant (Frank M. Gennaro, Designated Counsel, on the brief). John L. Molinelli, Bergen County Prosecutor, attorney for respondent (David A. Malfitano ... PCR). For the reasons that follow, we affirm. On October 2, 1998, defendant was sentenced, pursuant to a negotiated plea agreement ... aggravated assault, N.J.S.A. 2C:12-1(b)(2), to a five-year probationary term with conditions. In establishing ... U.S. 668, 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984).] The second prong of this test ... different." Id. at 694, 104 S. Ct. at 2068, 80 L. Ed. 2d at 698. In the case of a ...

docket:	a4582-09
court:	NJ Superior Court Appellate Division
decided:	2011-09-28
status:	unpublished
citation:
Document Size:	19403

1758 Hernandez v. Region Nine Housing Corp. -- rank: 452

... directed that the LAD be interpreted liberally. (pp. 4-5) 2. Title VII embraces a similar national policy and does not ... denied 488 U.S. 826 , 109 S. Ct. 75 , 102 L. Ed.2d 51 (1988). In order to further this goal and ... 36 , 48-49, 94 S. Ct. 1011 , 1019-20, 39 L. Ed.2d 147 , 158 (1974). Congress specifically intended to permit "an individual to ...

docket:	a-33-96
court:	njsupreme
decided:	1996-11-26
status:
citation:	146 N.J. 645
Document Size:	46268

1759 ESTATE OF DONVILLE CAMPBELL, ETC. VS. WOODCLIFF HEALTH \u0026 REHABILITATION CENTER, ET AL. -- rank: 452

... Court of New Jersey, Law Division, Bergen County, Docket No. L-7744-21. Ryan Alan Notarangelo argued the cause for appellant ... curiae New Jersey Defense Association (Cocca & Cutinello, A-3177-22 2 LLP, attorneys; Anthony Cocca and Katelyn E. Cutinello, of counsel ... failure to state a claim pursuant to Rule 4:6-2(e), alleging they owed no duty of care to Mr ... New Jersey A-3177-22 4 COVID-19 Immunity Statute, L. 2020, c. 18, and the Public Readiness and Emergency Preparedness ... denying a motion to dismiss pursuant to Rule 4:6-2(e), applying the same standard governing the trial court. ACLU ... during the public health emergency under the COVID Immunity Statute 2 and are immune from suit and liability under the ...

docket:	a3177-22a3178-22
court:	appellate
decided:	2024-06-25
status:	Published
citation:
Document Size:	68133

1760 REPAIR MASTER, INC., et al. v. BOROUGH OF PAULSBORO, -- rank: 452

... the Superior Court of New Jersey, Law Division, Gloucester County, L- 223-02.         Michael D. Varbalow argued the cause for appellant ... Paulsboro had a population of 6,160 people living in 2,353 households with an average household of 2.61 persons. Paulsboro has a high rate of renter- occupied housing units. Of the 2,353 occupied units in Paulsboro, 931 or 39.5% are ... SFD (Single Family Detached)     SFA (Single Family Attached)     DPL (Duplex - 2 units)     TPL (Triplex - 3 units)     QD (Quad - 4 units)     Following ... compel Paulsboro to issue these rental licenses.     In his April 2, 2002 oral opinion, Judge Rafferty ruled against the validity ...

docket:	A4033-01
court:	NJ Superior Court Appellate Division
decided:	2002-06-03
status:	published
citation:	352 N.J. Super. 1 799 A.2d 599
Document Size:	43681

1761 STATE OF NEW JERSEY v. JASON J. HARRELL -- rank: 452

... J. HARRELL, Defendant-Appellant. _________________________________ Argued October 5, 2006 - Decided November 2, 2006 Before Judges Parrillo and Sapp-Peterson. On appeal from ... Release Act (NERA), N.J.S.A. 2C:43-7.2. Appropriate fees and penalties were also imposed. Defendant appeals. We ... to hold the gun for him. Sometime later, at around 2:00 or 3:00 a.m., Carpio and Weeks met ... disagree. Defendant never requested such an instruction, Rule 1:7-2, nor was one warranted by the record evidence. See State ... sua sponte charge self-defense was plain error under Rule 2:10-2. To be sure, the failure of the court, whether ...

docket:	A1090-04
court:	NJ Superior Court Appellate Division
decided:	2006-11-02
status:	unpublished
citation:
Document Size:	56782

1762 RICHARD K. CACIOPPO v. POOL MART SERVICES, INC., et al. -- rank: 452

... the Superior Court of New Jersey, Law Division, Essex County, L-6730-05. Richard K. Cacioppo, appellant pro se. Kaplin, Stewart ... Mart, Richard A. Shire, Michelle Shire, and Aquabotics, Inc. (Amy L. SantaMaria, on the brief). Garvey, Ballou & Van Dyke, attorneys for ... PER CURIAM Plaintiff Richard K. Cacioppo appeals from the December 2, 2005 order dismissing his sixteen-count complaint filed against defendants ... the issuance of a temporary injunction, and permanent injunctive relief; (2) dissolution of the partnership agreement that purportedly created Aquabotics; (3 ... breach of contract (Agreement 1); (9) breach of contract (Agreement 2); (10) rescission of contract; (11) fraudulent or negligent misrepresentation; (12 ... 357 U.S. 235 , 253, 78 S. Ct. 1228 , 1240, 2 L. Ed.2d 1283 , 1298 (1958) (citing Int 'l ...

docket:	a3298-05
court:	njappellate
decided:	2007-07-30
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	52589

1763 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. K.B. -- rank: 452

... S. 745, 753, 102 S. Ct. 1388, 1394-95, 71 L. Ed. 2d 599, 606 (1982)), vacated on other grounds , 163 N.J. 158 (2000). "The Federal and State Constitutions protect the inviolability of ... S. 645, 651, 92 S. Ct. 1208, 1212-13, 31 L. Ed. 2d 551, 558-59 (1972)). However, government "is not without ... U.S. 584, 603, 99 S. Ct. 2493, 2504, 61 L. Ed. 2d 101, 119 (1979) (citing Wisconsin v. Yoder , ...

docket:	a1545-11
court:	NJ Superior Court Appellate Division
decided:	2013-02-06
status:	unpublished
citation:
Document Size:	51779

1764 STATE OF NEW JERSEY v. ANDRE WIGGINS -- rank: 452

... Miller, Designated Counsel, of counsel and on the brief). John L. Molinelli, Bergen County Prosecutor, attorney for respondent (Annmarie Cozzi, Assistant ... J.S.A. 2C:35-7 (count six). On June 2, 2006, the trial judge sentenced Andre on count one, drug ... is (1) material, and not 'merely' cumulative, impeaching, or contradictory; (2) that the evidence was discovered after completion of the trial ... U.S. 284 , 294, 93 S. Ct. 1038 , 1045, 35 L. Ed.2d 297 , 308 (1973); State v. Harold , 183 N.J ... U.S. at 294, 93 S. Ct. at 1045, 35 L. Ed. 2d at 308. The right, however, is "not ...

docket:	a0708-06
court:	New Jersey Superior Court Appellate Division
decided:	2009-07-23
status:	unpublished
citation:
Document Size:	60124

1765 STATE OF NEW JERSEY v. RONALD GARRY -- rank: 452

... 5-1 and N.J.S.A. 2C:43-7.2. On the attempted passion/provocation manslaughter conviction on count two ... performed an autopsy on the body of Rodriguez on October 2, 2003. Dr. Williams stated that Rodriguez died as the result ... denied , 489 U.S. 1022 , 109 S. Ct. 1146 , 103 L. Ed.2d 205 (1989); State v. Ramseur , 106 N.J. 123 ... denied , 516 U.S. 1129 , 116 S. Ct. 949 , 133 L. Ed.2d 873 (1996); Ramseur , supra , 106 N.J. at ...

docket:	A3869-04
court:	NJ Superior Court Appellate Division
decided:	2006-06-08
status:	unpublished
citation:
Document Size:	46125

1766 LEWIS GREEN et al. v. RIDGE TOOL CO. -- rank: 449

... COMPANY, Defendant-Appellant, and JERSEY CENTRAL POWER & LIGHT COMPANY, TERRY L. LEBKICHER and CLASS I TRANSPORT, INC., Defendants. ___________________________________________________ Argued October 31 ... Court of New Jersey, Law Division, Middlesex County, Docket No. L-10814-99. Joseph Di Rienzo, Jr. argued the cause for ... services for his employer, Jersey Central Power & Light Company (JCP&L). At the time, plaintiff was operating the Power Drive 700 ... the product was defectively designed because, when sold to JCP&L, the packaged product did not include a support arm; instead ... s warnings were inadequate they proximately caused plaintiff's injuries, (2) by refusing to enter judgment in Ridge's favor based ... reverse and remand for a new trial. II On May 2, 1994, plaintiff and a co-worker were assigned by ...

docket:	A1737-03
court:	NJ Superior Court Appellate Division
decided:	2006-03-23
status:	unpublished
citation:
Document Size:	120464

1767 AUTO LENDERS ACCEPTANCE CORPORATION, Plaintiff v. GENTILINI FORD, INC., -- rank: 449

... Superior Court of New Jersey,         Law Division, Cape May County, L-430-98.         Before Judges Wefing, Wecker and Fuentes.         Andrew S ... or damage:         (1) Caused by one or more persons; or         (2) Involving a single act or series of related acts; is ... J. Super. 162 , 167 (App. Div. 1998); R. 4:46-2.     Our analysis will be guided by well-established principles of ... and seek payment of the outstanding loan balance. See footnote 2 2     Thus, under these undisputed facts, coverage cannot be found in ... by the court in F.D.I.C. v. Nat'l Union Fire Ins. Co. , 205 F.3d 66 (2d ...

docket:	A2258-01
court:	NJ Superior Court Appellate Division
decided:	2003-03-05
status:	published
citation:	358 N.J. Super. 28 816 A.2d 106
Document Size:	57961

1768 JEAN JACQUES MARCEL IVALDI V. LAMIA KHRIBECHE IVALDI -- rank: 449

... Plaintiff filed a complaint in the Family Part on May 2, 1995, in which he sought a judgment of divorce, equitable ... denied , 459 U.S. 1210 , 103 S.Ct. 1203 , 75 L.Ed.2d 445 (1983); see generally Neger v. Neger , 93 N ... New Jersey enacted its version of the UCCJA in 1979. L. 1979, c. 124, §1. According to the legislative findings, the ... a custody decree entered in a foreign territory. Id. at 158. To the extent that the Ali decision can be read ... of Custody In and Out of State , 46 U. Colo. L. Rev. 495, 501 (1975); Julia R. Rutherford, Note, Removing ...

docket:	a1038-95
court:	njappellate
decided:	1996-03-15
status:	published published
citation:	288 N.J.Super. 575
Document Size:	37864

1769 NICHOLAS L. DEPACE, M.D., v. DIRECTOR, DIVISION OF TAXATION, -- rank: 449

... APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS ----------------------------------------------x NICHOLAS L. DEPACE, M.D., : TAX COURT OF NEW JERSEY : DOCKET NO ... for publication: March 10, 2021 Jack A. Myerson and Matthew L. Miller for plaintiff (Myerson & O’Neill, attorneys). Ramanjit K. Chawla ... N.Y. 1996) (citing Black’s Law Dictionary 1251 (6th ed. 1990)). The statutory provisions governing qui tam actions are the ... Act, N.J.S.A. 2A:32C-1 to -17. 2 Dr. DePace alleged that Cooper had paid physicians improper referral ... patients to Cooper for cardiac services. DePace, 940 F. Supp 2 d at 209. Since these cardiac services were billed to ... 22, 2013 the matter was settled. DePace, 940 F. Supp 2 d at 210. Under the settlement agreement, Cooper agreed ...

docket:	13396-19
court:	NJ Tax Court
decided:	2020-12-21
status:	Published
citation:
Document Size:	31687

1770 Joseph Howard v. University of Medicine and Dentistry of New Jersey, et. Als. -- rank: 449

... of New Jersey, et. Als. (A-100-00) Argued January 2, 2002 -- Decided June 18, 2002 LaVECCHIA, J., writing for a ... doctor: 1) deviation from the standard of care (medical malpractice); 2) lack of informed consent; and 3) battery. The Howards= motion ... a separate and distinct claim based on fraud. (Pp. 7) 2.. A plaintiff seeking to recover under a theory of lack ... of causation: 1) that the undisclosed risk actually materialized; and 2) that it was medically caused by the treatment. (Pp. 8 ... DR. ROBERT HEARY and KAREN ROMANO, Defendants-Appellants. ______________________________ Argued January 2, 2002 -- Decided June 18, 2002 On appeal from the Superior ... doctor: (1) deviation from the standard of care (medical malpractice); (2) lack of informed consent; and (3) battery. Colucci v. ...

docket:	a-100-00
court:	njsupreme
decided:	2002-06-18
status:
citation:	172 N.J. 537
Document Size:	60407