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2536 V & L ASSOCIATES v. THE TOWNSHIP OF MONTVILLE, et al. -- rank: 399

... JERSEY APPELLATE DIVISION DOCKET NO. A-2121-04T52121-04T5 V & L ASSOCIATES, Plaintiff-Respondent, v. THE TOWNSHIP OF MONTVILLE, a Municipal ... of New Jersey, Law Division, Morris County, Docket No. MRS-L-1454-02. Robert H. Oostdyk, Jr. argued the cause for ... reading in a hearing pursuant to R.S. 40:49-2 which implements the housing element. b. A municipality which does ... master plan to eliminate plaintiff's property from the AH-2 designation. On April 14, 1997, Montville petitioned COAH for substantive ... site "must remain in the Montville plan with the AH-2 inclusionary zoning" as set forth in the 1985 judgment. On ... element or zoning ordinances without the approval of the council." L. 2001, c. 441 (codified as 361 N.J. Super. ...

docket:	A2121-04
court:	NJ Superior Court Appellate Division
decided:	2006-06-02
status:	unpublished
citation:
Document Size:	51047

2537 APPROVED FOR PUBLICATION APPELLATE DIVISION IN THE MATTER OF PAUL WILLIAMS TOWNSHIP OF LAKEWOOD January 25, 2016 -- rank: 399

... the Township took no action concerning the letter. On December 2, 2013, however, "the Township advised appellant that he would be ... was received . . . ." The manager said that he thought "he need[ed] to act on" the letter. The representative questioned whether the ... The Commission found that appellant was insubordinate because he "fail[ed] to perform his duty by disregarding his superiors' orders to ... denied appellant's request for counsel fees. This appeal followed. 2 II. Established precedents guide our task on appeal. Our scope ... showing that (1) the agency did not follow the law; (2) the decision was arbitrary, capricious, or unreasonable; or (3) the ... not entitled to judicial deference and must be set aside. L.M. v. State of N.J., Div. of Med. ...

docket:	a0341-15
court:	NJ Superior Court Appellate Division
decided:	2016-01-25
status:	published
citation:	443 N.J.Super. 532 129 A.3d 393
Document Size:	46984

2538 STATE OF NEW JERSEY v. GREGORY EASTMEAD -- rank: 399

... for appellant (Rasheedah Terry, Designated Counsel, on the brief). Joseph L. Bocchini, Jr., Mercer County Prosecutor, attorney for respondent (Dorothy Hersh ... degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(1), based on alleged digital penetration of the girls ... second-degree sexual assault, N.J.S.A. 2C:14-2(b), based on alleged sexual touching of the girls beneath ... first-degree sexual assault, N.J.S.A. 2C:14-2(a)(1), for engaging in an act of fellatio with ... 668 , 689, 694, 104 S. Ct. 2052 , 2065, 2068, 80 L. Ed.2d 674 , 694, 698 (1984); State v. Loftin , 191 ...

docket:	a1701-11
court:	NJ Superior Court Appellate Division
decided:	2014-03-28
status:	unpublished
citation:
Document Size:	24681

2539 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. M.S IN THE MATTER OF THE GUARDIANSHIP OF A.S., M.S and D.J Minors -- rank: 399

... J. were to live. S.S. initially A-5046-07T4 2 reported that Uncle Pete used one of the bedrooms, while ... M.S. and newborn D.J. tested positive for marijuana, (2) M.S. received 'poor' prenatal care for D.J. and ... that they have problems and have difficulty committing to therapy.2 Even if M.S. did so, six months of therapy ... also explained each test in great detail, relating the test 2 According to Dr. Jeffrey, during her interview M.S. did ... N.J. Div. of Youth and Family Servs. v. R.L., 388 N.J. Super. 81, 89 (App. Div. 2006), certif. denied, 190 N.J. 25 (2007) (quoting Manalapan Realty, L.P. v. Township Comm. of Manalapan, 140 N.J. ...

docket:	a5046-07
court:	superior court appellate division
decided:	2009-10-07
status:	unpublished
citation:
Document Size:	37351

2540 W.S. Frey Company, Inc. v. Heath -- rank: 399

... 5.1 Version This case can also be found at 158 N.J. 321. SYLLABUS (This syllabus is not part of ... it an opportunity to present its objections. (pp. 3-4) 2. Although certified mail may be considered a reliable method of ... 1999 On certification to the Superior Court, Appellate Division. Mark L. Fleder argued the cause for appellant ( Connell Foley & Geiser , attorneys ... denied , 469 U.S. 1123 , 105 S. Ct. 808 , 83 L. Ed.2d 800 (1985).          Second, although due process of law does ... 357 U.S. 235 , 245, 78 S. Ct. 1228 , 1235, 2 L. Ed. 1283 , 1293 (1958)) (additional citations omitted).     In ...

docket:	a-55-98
court:	njsupreme
decided:	1999-06-09
status:
citation:	158 N.J. 321
Document Size:	23566

2541 STATE OF NEW JERSEY v. ROY VAN WYK -- rank: 399

... for appellant (Diane Uniman, Designated Counsel, on the brief). John L. Molinelli, Bergen County Prosecutor, attorney for respondent (Annmarie Cozzi, Assistant ... crime must be admissible as relevant to a material issue; 2. It must be similar in kind and reasonably close in ... denied , 489 U.S. 1022 , 109 S. Ct. 1146 , 103 L. Ed.2d 205 (1989); State v. Ramseur , 106 N.J. 123 ... of a fair trial.'" State v. Smith , 167 N.J. 158 , 181 (2001) (quoting State v. Frost , 158 N.J. 76 , 83 (1999)); State v. DiFrisco , 137 ...

docket:	a6482-05
court:	superior court appellate division
decided:	2009-12-30
status:	unpublished
citation:
Document Size:	46576

2542 STATE OF NEW JERSEY v. ELAINE D. MORAES-PENA -- rank: 399

... in violation of N.J.S.A. 2C:12-1c(2).     On this appeal the State argues: POINT I. THE LAW ... motor vehicle offenses including (1) driving while intoxicated, See footnote 2 Defendant's PTI application was rejected by the Pre-Trial ... 3, 2005. The program director based the rejection on Guidelines 2 and 3(i)(3) of R. 3:28, and stated ... to the interests of society. It's quoted from Page 2 of the March 15th, 2005, letter.     [The] Prosecutor's Office ... brief, the State has outlined its consideration of Factors 1, 2, 3, 7, 10, 11, 14, and 17. While some of ... s Office for reconsideration. See STATE V. [CALIGU I RI] , 158 N.J. 28 [, 37 (1999)].     The Court recognizes that ...

docket:	a5689-04
court:	njappellate
decided:	2006-07-20
status:	published
citation:	*CITE_PENDING*
Document Size:	43058

2543 STATE OF NEW JERSEY v. BRYANT LAMBERT -- rank: 399

... appellant (Robert C. Pierce, Designated Counsel, on the brief). Christopher L.C. Kuberiet, Acting Middlesex County Prosecutor, attorney for respondent (Joie ... armed robbery, N.J.S.A. 2C:15-1(a)(2) (counts one through eleven); three counts of the disorderly persons ... fourth-degree resisting arrest, N.J.S.A. 2C:29-2(a)(2) (count seventeen).1 We affirm. Defendant and two others entered ... 39-4(a)(1) (count thirteen). A-2476-17T22476-17T2 2 Police secured a search warrant and searched the vehicle, in ... the court to improprieties when they occurred.'' State v. Frost, 158 N.J. 76, 83 (1999) (quoting State v. Marshall, ...

docket:	a2476-17
court:	NJ Superior Court Appellate Division
decided:	2020-05-11
status:	Unpublished
citation:
Document Size:	37059

2544 SEAL TITE CORPORATION VS KENNETH BRESSI, ET AL -- rank: 399

... v. KENNETH BRESSI, PETER CARLSON, GEOFFREY YALDEN, BRUCE COTTRELL, ROBERT L. SLATTERY and TOWNSHIP OF JACKSON,     Defendants-Respondents. ___________________________________________________________________         Submitted May 26 ... attorney for respondents Peter Carlson, Geoffrey Yalden, Bruce Cottrell, Robert L. Slattery and Township of Jackson.     The opinion of the court ... economic advantage, and violations of the state "RICO" See footnote 2 Act, ( N.J.S.A. 2C:41-1 to -6.2).     Defendants moved for summary judgment. Their motion was granted by ... view expressed at 5 McQuillin, Municipal Corporations , §16.55 (3d ed.) that "`action relating to subjects of permanent and general character ... Tort Claims Act. After reciting applicable case law, it "distill[ed] from these holdings that immunity varies in proportion to ...

docket:	a6019-96
court:	njappellate
decided:	1998-06-19
status:	published
citation:	312 N.J.Super. 532
Document Size:	20482

2545 Green v. Jersey City Bd. of Education -- rank: 399

... public entities to punitive damages under CEPA. (pp. 7-15) 2. The Jersey City Board of Education also asserts that because ... cause for appellant ( Marshall, Dennehey, Warner, Coleman & Goggin , attorneys). Alan L. Krumholz argued the cause for respondent. Jon W. Green argued ... General of New Jersey ( David Samson , Attorney General, attorney; Karen L. Jordan , Deputy Attorney General, on the brief).      The opinion of ... who report illegal or unethical work-place activities.” See footnote 2 Barratt v. Cushman & Wakefield of N.J., Inc. , 144 N ... law, or a rule or regulation promulgated pursuant to law . . .;      (2) is fraudulent or criminal; or (3) is incompatible with a ... We do not agree. In Wilson v. Wal-Mart Stores , 158 N.J. 263 , 272 (1999), a case brought under ...

docket:	a-134-01
court:	njsupreme
decided:	2003-08-11
status:
citation:	177 N.J. 434
Document Size:	55861

2546 STATE OF NEW JERSEY v. JAMES F. BOYD -- rank: 399

... Public Defender, of counsel and on the brief). Theodore F. L. Housel, Atlantic County Prosecutor, attorney for respondent (James F. Smith ... constitutes a statement that is against interest." State v. White , 158 N.J. 230 , 238 (1999). Although N.J.R.E ... doubt that the error contributed to the verdict." White , supra , 158 N.J. at 247 (citing State v. Macon , 57 N ... J. , 532 U.S. 1057 , 121 S. Ct. 2204 , 149 L. Ed.2d 1034 (2001)). As stated previously, the evidence regarding defendant ... an error "clearly capable of producing an unjust result." R. 2:10-2. We conclude that it was not. Where, ...

docket:	a1930-06
court:	NJ Superior Court Appellate Division
decided:	2009-03-20
status:	unpublished
citation:
Document Size:	50086

2547 STATE OF NEW JERSEY v. CHARLES MINCEY -- rank: 399

... Designated Counsel, of counsel and on the brief). Theodore F. L. Housel, Atlantic County Prosecutor, attorney for respondent (Jack J. Lipari ... Release Act (NERA), N.J.S.A. 2C:43-7.2. The Law Division imposed the recommended sentence, and dismissed the ... Fritz Charlestin. He did not help me in any way."), (2) Michael Charlestin (the victim's brother), and (3) Karl Michael ... allocution and sentencing, codefendant Reed's plea allocution and sentencing, 2 the abbreviated trial proceedings, and other competent evidence contained in ... U.S. 668, 694, 104 S. Ct. 2052 , 2068, 80 L. Ed.2d 674 , 698 (1984); State v. Taccetta , 200 N. ...

docket:	a1029-09
court:	superior court appellate division
decided:	2011-01-06
status:	unpublished
citation:
Document Size:	30798

2548 DIVISION OF YOUTH AND FAMILY SERVICES v. R.A.A. -- rank: 399

... voluntarily surrendered her parental rights to these children on December 2, 2008, so they could be adopted by their maternal grandmother, L.R., and neither A.R. nor her other child, C.L., are parties to this action. DYFS first became involved in ... a call from defendant stating he came home at around 2:45 a.m. and discovered that R.N.A. and ... old and one-week-old, were supervised only by C.L., who was then twelve-years-old. A.R., who was ... Judge Melendez issued an order to show cause placing C.L., R.N.A. and R.F.A. under the ...

docket:	a2656-08
court:	superior court appellate division
decided:	2010-03-05
status:	unpublished
citation:
Document Size:	61125

2549 CRAMER HILL RESIDENTS ASSOCIATION, INC., et al. v. MELVIN R. PRIMAS, et al. -- rank: 399

... CAMDEN, LLC, MICHAELS DEVELOPMENT COMPANY, RIVER HAYES RENEWAL ASSOCIATES I, L.P., RIVER HAYES RENEWAL ASSOCIATES II, L.P., Intervenors/Defendants. _______________________________________ Argued May 9, 2007 - Decided July 17 ... of New Jersey, Law Division, Camden County, Docket No. CAM-L-08135-04. Olga D. Pomar argued the cause for appellants ... for respondent City of Camden, on the joint brief. Calvin L. Fisher, attorney for respondent Planning Board of the City of ... include: (1) determining the "housing regions of the State;" (2) estimating "the present and prospective need for low and ... reading in a hearing pursuant to R.S. 40:49-2 which implements the housing element. [ N.J.S.A. ...

docket:	a5486-05
court:	njappellate
decided:	2007-07-17
status:	published
citation:	395 N.J. Super. 1
Document Size:	87716

2550 BANK OF NEW YORK v. VERTA TROSS -- rank: 399

... FOR THE BENEFIT OF THE ASSET BACKED CERTIFICATES SERIES 2007-2, Plaintiff-Respondent, v. VERTA TROSS, Defendant-Appellant. and MORTGAGE ELECTRONIC ... is void because there was inadequate service of process; and (2) default judgment should have been vacated under Rule 4:50 ... DEFENSE COUNSEL]: To the best of his knowledge, your Honor. 2 The court also reminded defense counsel that he had represented ... to the absolute one-year time bar. Rule 4:50-2. The trial court correctly determined that service was accomplished. Substituted ... temporarily staying elsewhere. See Missell v. Hayes , 84 N.J.L. 196 , 196-97 (Sup. Ct. 1913), aff'd , 86 N.J.L. 348 (E. & A. 1914) (finding "usual place of abode" ...

docket:	a6229-08
court:	NJ Superior Court Appellate Division
decided:	2011-04-28
status:	unpublished
citation:
Document Size:	49004