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2311 /usr/local/share/www/libweb/collections/courts/appellate/a3809-10a5007-10.opn.html -- rank: 415

... robbery convictions. We affirm. I. Defendants Aguirre, Macao and Jose L. Montes de Oca were charged by a Union County Grand ... Release Act (NERA), N.J.S.A. 2C:43-7.2, consisting of consecutive seven-year terms subject to NERA on ... IN NOT GRANTING 820 DAYS JAIL CREDIT FROM 8/21/2 008 TO 11 /1/2010. WHERE SENTENCE WAS RAN CONCURRENT ... deprived the defendant of a fair trial." State v. Frost , 158 N.J. 76 , 83 (1999). We review questions of prosecutorial ... counsel made timely and proper objections to the improper remarks; (2) whether the remarks were withdrawn promptly; and (3) whether the ... v. R.B. , 183 N.J. 308 , 330 (2005); R. 2:10-2. We first note that when Montes de ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	52152

2312 STATE OF NEW JERSEY v. EDWIN PATILLO -- rank: 415

... BELOW). VI. THE 15 YEAR CUSTODIAL SENTENCE WITH 7 1/2 YEARS OF PAROLE INELIGIBILITY IMPOSED ON THE DEFENDANT'S CONVICTION ... AN EXTENDED BASE TERM OF 15 YEARS WITH 7 1/2 YEARS OF PAROLE INELIGIBILITY WAS MANIFESTLY EXCESSIVE. I The charges ... gave it to them. Consequently, Detective Taggart called Detective Sydney L. Terrell of Egg Harbor, the officer who signed the warrant ... reach a verdict they would not otherwise have reached. R. 2:10-2. We have no doubt that the verdict would have been ... a means of verifying a person's identity . . . knowingly exhibit[ed] . . . a document or other writing which falsely purport[ed] ...

docket:	a1647-11
court:	NJ Superior Court Appellate Division
decided:	2013-08-27
status:	unpublished
citation:
Document Size:	38511

2313 ESTATE OF NANCY Z PALEY v. BANK OF AMERICA -- rank: 415

... January 6, 2010 - Decided: Before Judges Cuff, Payne and C.L. Miniman. On appeal from the Superior Court of New Jersey, Law Division, Union County, Docket No. L-1841-06. Lavinia Lee Mears argued the cause for appellant ... attorneys; Mr. Sodini and Daniel Barros, on the brief). Madeline L. Houston argued the cause for amicus curiae Consumers League of ... thirty-five years ago with a predecessor of defendant BOA. 2 When she opened the account, she signed a signature card ... against BOA and sought damages for: 1) negligence (count one); 2) breach of fiduciary duty (count two); 3) breach of contract ... prior to the jury's deliberations under Rule 4:37-2, arguing that plaintiff showed no right to relief, but ...

docket:	a4391-07
court:	NJ Superior Court Appellate Division
decided:	2011-04-29
status:	published
citation:	420 N.J. Super. 39 18 A.3d 1033
Document Size:	52820

2314 JOSEPH DELLO RUSSO, M.D., et al. v. BRUCE H. NAGEL, ESQ., et al. -- rank: 415

... A., t/a NEW JERSEY EYE CENTER, MEDICAL CARE, P.L.L.C., d/b/a DELLO RUSSO LASER VISION, a foreign ... ESQ., ADAM SLATER, ESQ., Individually, and NAGEL, RICE, DREIFUSS & MAZIE, L.L.P.,         Defendants-Respondents. ___________________________________         Argued February 3, 2003 - Decided March 12 ... Superior Court of New Jersey, Law Division, Docket Number BER-L-9831-01.         Richard D. Koppenaal argued the cause for appellants ... t/a New Jersey Eye Care Center, Medical Care, P.L.L.C., d/b/a Dello Russo Laser Vision, ...

docket:	a3307-01_1
court:	njappellate
decided:	2003-03-12
status:	published
citation:
Document Size:	30220

2315 DEPARTMENT OF CHILDREN AND FAMILIES, INSTITUTIONAL ABUSE INVESTIGATION UNIT v. D.B. -- rank: 415

... she had seen in the particular incident. Joey's mother, L.N., informed the investigator of the following. She noticed a ... s determination must be affirmed." Ibid. (citing R & R Mktg., L.L.C. v. Brown-Forman Corp. , 158 N.J. 170 , 175 (1999)). "Although we recognize that deference ... denied , 449 U.S. 983 , 101 S. Ct. 400 , 66 L. Ed.2d 245 (1980). N.J.S.A. 9:6- ...

docket:	a5434-12
court:	NJ Superior Court Appellate Division
decided:	2015-05-19
status:	unpublished
citation:	443 N.J.Super. 431 129 A.3d 332
Document Size:	53200

2316 STATE OF NEW JERSEY v. ROBERT HORN -- rank: 415

... D. Laurino, Acting Essex County Prosecutor, attorney for appellant (Luanh L. Lloyd, Special Deputy Attorney General/Assistant Prosecutor, of counsel and ... U.S. 218 , 219, 93 S. Ct. 2041 , 2043, 36 L. Ed.2d 854 , 858 (1973)). The State must meet this burden ... U.S. 544 , 554, 100 S. Ct. 1870 , 1877, 64 L. Ed.2d 497 , 509 (1980); State v. Tucker , 136 N.J. 158 , 164 (1994). A judge's factual findings and credibility ...

docket:	a0495-10
court:	NJ Superior Court Appellate Division
decided:	2011-04-15
status:	unpublished
citation:
Document Size:	32671

2317 STATE OF NEW JERSEY v. CARLTON INGRAM -- rank: 415

... Release Act (NERA), N.J.S.A. 2C:43-7.2, on count four. The judge also sentenced defendant to a ... Rosario chased defendant, who ran into an alley or driveway 2 at the corner of Chapel and Ludlow, just before Chapel ... denied , 414 U.S. 876 , 94 S. Ct. 83 , 38 L. Ed.2d 121 (1973). On the other hand, "an investigatory stop ... at 247). Nevertheless, N.J.S.A. 2C:29-2a(2) makes it a fourth degree crime for a person "by ... seizure under the constitution. N.J.S.A. 2C:29-2(a) provides: "It is not a defense to a ...

docket:	a4646-08
court:	NJ Superior Court Appellate Division
decided:	2012-01-11
status:	unpublished
citation:
Document Size:	39893

2318 STATE OF NEW JERSEY v. JOHN CARNESI Telephonically -- rank: 415

... Law Division, Ocean County, Indictment No. 09-03-0536. Robert L. Sloan, Assistant Deputy Public Defender, argued the cause for appellant ... on the girlfriend's mental health history and treatment; and (2) a consultation between the defense attorney and a State's ... and charged defendant with attempted murder and related weapons offenses. 2 Defendant contended that the shooting was accidental and occurred while ... evidence of her history of domestic violence with him; and (2) concluding that defendant did not overcome F.M.'s "psychologist ... denied , 488 U.S. 1017 , 109 S. Ct. 813, 102 L. Ed.2d 803 (1989). Moreover, even when an evidentiary ruling ...

docket:	a2750-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-31
status:	unpublished
citation:
Document Size:	90550

2319 SECURITAS SECURITY SERVICES U.S.A., INC v. NEW JERSEY DEPARTMENT OF TREASURY -- rank: 415

... We do so mindful that there was no adjudicative hearing 2 in this accelerated matter. Consequently, the record before us is ... regions they were bidding on. See RFP, Section 6.4.2. The RFP declared that "[f]or evaluation purposes, bidders will ... 1) the requirement [in question] is not mandated by law; (2) all of the otherwise responsive proposals failed to meet the ... in the public interest to do so. [RFP, Section 7.2.] This standard tracked the applicable procurement statute, N.J.S ... some of the relevant details contained within those addenda. Addendum #2 reaffirmed that the contract was subject to the vendor's ... the federal prevailing wage, plus health and welfare benefits. Addendum #2 further noted that it was the vendor's "business ...

docket:	a5965-10
court:	NJ Superior Court Appellate Division
decided:	2012-01-10
status:	unpublished
citation:
Document Size:	103313

2320 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. E.C. -- rank: 415

... Early Release Act, N.J.S.A. 2C:43-7.2. 1 In the ensuing protective services proceeding, E.C. offered ... on life support apparatus at the Jersey City Medical Center. 2 The police also reported that E.C. had been arrested ... M.C. to gather information. The children's paternal uncle, L.C. (E.C.'s brother), and his fiancée, M.L., were also present. The grandparents stated that they normally cared ... exposed pipes that constitute safety and fire issues." Ultimately, M.L.'s parents, B.L. and P.L., were determined to be an appropriate ...

docket:	a0043-09
court:	NJ Superior Court Appellate Division
decided:	2011-02-10
status:	unpublished
citation:
Document Size:	56035

2321 STATE OF NEW JERSEY v. FRANCESCO GAETANO, JR -- rank: 415

... second-degree official misconduct, N.J.S.A. 2C:30-2; third-degree theft, N.J.S.A. 2C:20-3 ... as a police officer on August 31, 2011. On September 2, 2011, defendant appeared before Judge Walter L. Marshall and pled guilty to fourth-degree falsifying or tampering ... sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(2). We affirm substantially for the reasons expressed by Judge Marshall ... 668 , 687, 694, 104 S. Ct. 2052 , 2064, 2068, 80 L. Ed.2d 674 , 693, 698 (1984); accord State v. ...

docket:	a5127-13
court:	NJ Superior Court Appellate Division
decided:	2015-12-15
status:	unpublished
citation:
Document Size:	31050

2322 In re Verified Petition of Michael G. Venezia -- rank: 415

... neighbors outside the course of newsgathering activities. (pp. 14-20) 2. The Court reaffirms that a reporter who publishes an article ... Rivals , The Record (Hackensack, N.J.), Dec. 28, 2004, at L-1.]     In response to that article, on January 5, 2005 ... mayor , The Record (Hackensack, N.J.), Jan. 12, 2005, at L-3. The article included a statement from The Record ’s ... denied , 459 U.S. 907 , 103 S. Ct. 211 , 74 L. Ed.2d 169 (1982), the panel determined that both Glazer and ... taken in the course of interviewing individuals for the story; (2) identity of undisclosed sources consulted, whether or not actually ...

docket:	a-63-05
court:	njsupreme
decided:	2007-06-13
status:
citation:	191 N.J. 259
Document Size:	71737

2323 Casamasino v. Div. of Taxation -- rank: 415

... 5.1 Version This case can also be found at 158 N.J. 333. SYLLABUS (This syllabus is not part of ... powers properly belonging to either of the others. (pp. 11) 2. Ratification of irregular contracts for goods or services is permitted ... See McQuillin, Municipal Corporations § 12.175.10 at 19 (3d ed. 1991). Second, Grimes requires that when the act or appointment ... Facto Officer Doctrine: The Case for Continued Application , 85 Colum. L. Rev. 1121, 1125 (1985). We have described the doctrine as ... than a century, Erwin v. Jersey City , 60 N.J.L. 141 , 144 (E. & A 1897), and part of our statutory law since 1925. L . 1925, c. 239, § 1, now codified at N.J. ...

docket:	a-201-97
court:	njsupreme
decided:	1999-05-27
status:
citation:	158 N.J. 333
Document Size:	88637

2324 ESTATE OF NANCY Z PALEY v. BANK OF AMERICA -- rank: 415

... January 6, 2010 - Decided: Before Judges Cuff, Payne and C.L. Miniman. On appeal from the Superior Court of New Jersey, Law Division, Union County, Docket No. L-1841-06. Lavinia Lee Mears argued the cause for appellant ... attorneys; Mr. Sodini and Daniel Barros, on the brief). Madeline L. Houston argued the cause for amicus curiae Consumers League of ... thirty-five years ago with a predecessor of defendant BOA. 2 When she opened the account, she signed a signature card ... against BOA and sought damages for: 1) negligence (count one); 2) breach of fiduciary duty (count two); 3) breach of contract ... prior to the jury's deliberations under Rule 4:37-2, arguing that plaintiff showed no right to relief, but ...

docket:	a5864-07
court:	NJ Superior Court Appellate Division
decided:	2011-04-29
status:	published
citation:
Document Size:	52651

2325 H.B. v. P.S. -- rank: 415

... defendant's applications: 1) for dissolution of a restraining order; 2) to be appointed guardian ad litem for his adult children ... confidentiality of the participants in these proceedings. A-4873-15T1 2 I. The parties were married in June 1991 and have ... imposing interlocutory restraints against defendant pursuant to Rule 4:52-2. The amended order was accompanied, and further amended, by a ... order, the court: 1) granted defendant's motion for reconsideration; 2) 'reserve[d] the right' to modify A-4873-15T1 5 ... plenary hearings that were conducted on May 31, 2016, June 2, 2016, and June 7, 2016. Defendant's expert witness, Dr ... to $90,000 in earnings in 2016. At the June 2, 2016 hearing, plaintiff testified that her income in 2015 ...

docket:	a4873-15
court:	NJ Superior Court Appellate Division
decided:	2018-11-05
status:	Unpublished
citation:
Document Size:	51725