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2956 IN THE MATTER OF THE LICENSE OF JEANETTE MARASCO L.P.N LICENSE #26NP05476000 TO PRACTICE NURSING IN THE STATE OF NEW JERSEY -- rank: 373

... 10T4 IN THE MATTER OF THE LICENSE OF JEANETTE MARASCO, L.P.N., LICENSE #26NP05476000, TO PRACTICE NURSING IN THE STATE ... that the incident in question began when a psychiatric patient, L.M., punched appellant, knocked her to the ground and kicked ... provided by nurse Josephine Roy indicating that when appellant and L.M. were separated, appellant kicked the patient. Roy's accusation ... time, but they could not determine whether appellant had kicked L.M. In her written decision, the hearing officer found that ... and Zachary established that "after being separated from [p]atient L.M., [appellant] continued to kick the patient in the back ... that the statements submitted by Roy and Zachary "clearly . . . contradict[ed]" the account of the incident provided by appellant on ...

docket:	a3342-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-18
status:	unpublished
citation:
Document Size:	31646

2957 DEPARTMENT OF CHILDREN AND FAMILIES, DIVISION OF YOUTH AND FAMILY SERVICES v. V.D. -- rank: 373

... we considered: " (1) the reasons underlying K.A.'s actions; (2) the isolation of the incident; and (3) the trying circumstances ... punished B.H., he became confrontational with [defendant] and "ball[ed] up his fist," in this instance, B.H. was asleep ... they are supported by sufficient credible evidence. In re Taylor , 158 N.J. 644 , 657 (1999). Our role is to assess ... principled consideration of the agency record and findings.'" Taylor , supra , 158 N.J. at 657-58 (quoting Mayflower Sec. Co. v ... fact-findings make the credibility finding implicit. In re Taylor , 158 N.J. at 659 (stating that "credibility findings need not ... agency head to make credibility findings. Clowes v. Terminix Int'l, Inc. , 109 N.J. 575, 587 (1988). We must ...

docket:	a3157-11
court:	NJ Superior Court Appellate Division
decided:	2013-03-22
status:	unpublished
citation:
Document Size:	51469

2958 CHARLES V. SIMONE, JR v. NASSAU TOWER REALTY LLC -- rank: 373

... was to be no later than March 27, 2012. Paragraph 2 of the agreement contained the following time-of-the-essence ... that he would be out of the office until April 2. The reply did not mention the condition of paragraph 2 of the agreement requiring an amendment of the master deed ... March 28, the day after the closing date. On April 2, 2012, Simone's attorney apparently contacted Nassau's attorney by ... 000 escrow funds would be disbursed according to the agreement, (2) stated that the New Lease attached to the settlement agreement ... as an emergent motion for a stay, which we denied. 2 II. A disputed motion to enforce a settlement agreement ...

docket:	a0446-12
court:	NJ Superior Court Appellate Division
decided:	2013-05-07
status:	unpublished
citation:
Document Size:	49463

2959 STATE OF NEW JERSEY v. JOHN V. LOMBARDO, JR -- rank: 373

... Early Release Act, N.J.S.A. 2C:43-7.2, for his vehicular homicide conviction. Defendant was sentenced to a ... expert did not have an adequate basis for his conclusions; 2) Trial counsel was ineffective because he failed to move for ... The State failed to adequately reconstruct the accident scene; and 2) Trial counsel was ineffective because he failed to secure a ... not raised on direct appeal, R. 3:22-4; or (2) was previously decided on direct appeal, R. 3:22-5 ... could not have been reasonably raised in the prior proceeding; (2) enforcement of the bar would result in a fundamental injustice ... 355 (2013) (quoting State v. Marshall , 148 N.J. 89 , 158, cert. denied , 522 U.S. 850 , 118 S. Ct. ...

docket:	a5572-13
court:	NJ Superior Court Appellate Division
decided:	2016-03-22
status:	unpublished
citation:
Document Size:	19280

2960 STATE OF NEW JERSEY v. JOSE PEREZ -- rank: 373

... GLOVER 1) UTILIZED ONLY A SINGLE PHOTOGRAPH OF THE DEFENDANT; 2) WAS THE SAME DETECTIVE WHO CONDUCTED THE INVESTIGATION; AND 3 ... U.S. 390 , 393, 52 S. Ct. 189 , 190, 76 L. Ed. 356 , 358-59 (1932)). See also State v. Muhammad , 182 ... U.S. 57 , 67, 105 S. Ct. 471 , 478, 83 L. Ed.2d 461 , 470 (1984)). It is true that, "if the ... by other evidence giving it independent reliability." State v. Cromedy , 158 N.J. 112 , 132 (1999). The cross-racial instruction ...

docket:	a6441-05
court:	njappellate
decided:	2008-12-23
status:	unpublished
citation:	198 N.J. 474
Document Size:	73536

2961 /usr/local/share/www/libweb/collections/courts/appellate/a1916-15a0022-16.opn.html -- rank: 370

... INC. and MANUFACTURERS ALLIANCE INSURANCE COMPANY, Defendants-Respondents. ___________________________________ Argued October 2, 2017 – Decided May 10, 2018 Before Judges Ostrer, Whipple ... Court of New Jersey, Law Division, Salem County, Docket No. L-0087- 14. Patrick W. Conner argued the cause for Manufacturers ... vice, argued the cause for respondents Dan Beggs, John Lear 2 A-1916-15T4 and Morrison Management Specialists, Inc. in A ... a.m. shift, and pick up Minter on the way.2 According to Minter, Mattson called, reported that Beggs said they ... although Minter, given his low-level position, took orders from 2 Minter and Mattson lived in the same town. Minter said ... matter at issue is within the conventional experience of judges; 2) whether the matter is peculiarly within the agency's ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	49725

2962 MICHAEL BUCCILLI - v. BOARD OF TRUSTEES STATE POLICE RETIREMENT SYSTEM - -- rank: 370

... notices. When Buccilli turned in his completed reports, Donlan "berat[ed]" Buccilli for taking so long to complete his reports. Buccilli ... and schedule were changed due to personnel shortages. On June 2 and 3, Buccilli received telephone calls from troopers assigned to ... denied , 449 U.S 983 , 101 S. Ct. 400 , 66 L. Ed.2d 245 (1980). The burden of showing the agency's ... showing that (1) the agency did not follow the law; (2) the decision was arbitrary, capricious, or unreasonable; or (3) the ... have reached a different result itself." Clowes v. Terminix Int'l, Inc. , 109 N.J. 575 , 588 (1988). If, however, ...

docket:	a5143-09
court:	NJ Superior Court Appellate Division
decided:	2012-06-27
status:	unpublished
citation:
Document Size:	31845

2963 LUCIEN & FRANCES KITA VS THE BOROUGH OF LINDENWOLD -- rank: 370

... Superior Court of New         Jersey, Law Division, Camden County.         Robert L. Messick argued the cause for         appellant/cross-respondent.         David C ... De Bouno's testimony. Kita testified that the "ditches fill[ed] up with water" when it rained. Frances Kita testified that ... admitted that "under heavy rains or excess waters," water back[ed] up" in the ditches.     Defendant also presented Frank Seney, the ... sustain a judgment in plaintiff's favor." R. 4:37-2(b); see also Bell v. Eastern Beef Co. , 42 N ... to the [opposing] party . . . ." Dolson v. Anastasia , 55 N.J. 2 , 5-6 (1969).     In contrast, a trial court's obligation ... there was a miscarriage of justice under the law." R. 2:10-1; cf. Carey v. Lovett , 132 N.J. ...

docket:	a1993-96
court:	njappellate
decided:	1997-10-14
status:	published
citation:	305 N.J.Super. 43
Document Size:	21588

2964 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.C. -- rank: 370

... Defendant, and D.S., Intervenor. IN THE MATTER OF M.L.H., IV, a minor. Argued December 2, 2020 – Decided January 7, 2022 Before Judges Accurso, Vernoia ... appellant M.H. (Joseph E. Krakora, Public A-4052-18 2 Defender, attorney; Robyn A. Veasey, Deputy Public Defender, of counsel ... Dahlia) that were heard together by the same trial judge. 2 Parents A.C. (Alice) and M.H. (Malcolm) appeal under ... due process; and that they received ineffective assistance of counsel. 2 The Family Part's FN docket encompasses child protective services ... relatives seeking custody, support or visitation, R.K. v. D.L., 434 N.J. Super. 113, 131 (App. Div. 2014). ...

docket:	a4052-18
court:	NJ Superior Court Appellate Division
decided:	2022-01-07
status:	Unpublished
citation:
Document Size:	137837

2965 JOSE VEGA v. NEW JERSEY DEPARTMENT OF CORRECTIONS -- rank: 370

... of an administrative agency is strictly limited. In re Taylor , 158 N.J. 644, 656 (1999). When reviewing an agency's ... New Jersey Constitution or the Constitution of the United States; (2) "the agency's action violates express or implied legislative policies ... U.S. 472 , 484, 115 S. Ct. 2293 , 2300, 132 L. Ed.2d 418 , 430 (1995). The Sandin Court held that an ... custody." Id. at 486, 115 S. Ct. at 2301, 132 L. Ed. 2d at 431. See also Griffin v. Vaughn , 112 ...

docket:	a2563-14
court:	NJ Superior Court Appellate Division
decided:	2016-10-04
status:	unpublished
citation:
Document Size:	19045

2966 MetLife Capital Corp. v. Washington Avenue Associates -- rank: 370

... damages clauses do not constitute oppressive penalties. (pp. 10-11) 2. Although New Jersey adopted the Restatement method for evaluating stipulated ... METLIFE CAPITAL FINANCIAL CORPORATION,     Plaintiff-Appellant,      v. WASHINGTON AVENUE ASSOCIATES L.P. and LAWRENCE S. BERGER,     Defendants-Respondents,      and UNITED STATES ... MetLife Capital Financial Corporation (“MetLife”), to defendant Washington Avenue Associates, L.P. (“Washington Avenue”) The loan was secured by a Mortgage ... due as of March 31, 1997. See R. 4:64-2. That proof asserted that, in addition to the principal balance ... Liquidated Damages v. Penalties: Sense or Nonsense? , 1 978 Wisc. L. Rev. 351, 351 n.1).     The common law distinction between ... Enforcement Model and a Theory of Efficient Breach , 77 Colum. L. Rev. 554, 560 (1977). The Uniform Commercial Code provision ...

docket:	a-34-98
court:
decided:	1999-06-30
status:
citation:	159 N.J. 484
Document Size:	59985

2967 IN THE MATTER OF SALVATORE GIGLIO -- rank: 370

... 1 with whom she had a long-term romantic relationship. 2 Petitioner struck up a conversation with Kopp, and they eventually ... cause, all in violation of N.J.A.C. 4A:2-2.3(a). The notice also listed violations of MCSO Department ... legislative policies, that is, did the agency follow the law; (2) whether the record contains substantial evidence to support the findings ... simply rubber-stamp an agency's decision. In re Taylor , 158 N.J. 644 , 657 (1999). On appeal, petitioner argues that ... 374 , 383-84, 98 S. Ct. 673 , 679-80, 54 L. Ed.2d 618 , 628-29 (1978)), is nonetheless "'subject ...

docket:	a0314-12
court:	NJ Superior Court Appellate Division
decided:	2014-03-19
status:	unpublished
citation:
Document Size:	36083

2968 ADRIAN J. DEITCH v. PEYTON DEARBORN -- rank: 370

... Court of New Jersey, Law Division, Atlantic County, Docket No. L-0199-06. Jack S. Cohen argued the cause for appellants ... the cause for respondent Peyton Dearborn, M.D. (Buckley & Theroux, L.L.C., attorneys; William G. Theroux, of counsel; Ms. Donovan, on ... Tsyganov, M.D. (Lenox, Socey, Formidoni, Brown, Giordano, Cooley & Casey, L.L.C., attorneys; Stephanie L. Satkoff, on the brief). John J. Bannan argued the ...

docket:	a0749-09
court:	superior court appellate division
decided:	2010-10-18
status:	unpublished
citation:
Document Size:	24669

2969 HILLSIDE FIREMEN'S MUTUAL BENEVOLENT ASSOCIATION LOCAL NO. 35 v. MAYOR JOSEPH G. MENZA -- rank: 370

... G. Menza (Christine Gillen, on the brief). Fox and Fox, L.L.P., attorneys for respondent Hillside Firemen's Mutual Benevolent Association ... July 15, 2010, without first obtaining the council's consent. 2 The mayor's plan called for the layoff of twenty ... the legal consequences that flow from established facts." Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. 366 ... concurring); Pressler & Verniero, Current N.J. Court Rules , comment 1.2.1 on R. 2:8-2 (2012) (reviewing cases dismissing appeals as moot). ...

docket:	a4998-10
court:	NJ Superior Court Appellate Division
decided:	2013-03-06
status:	unpublished
citation:
Document Size:	41049

2970 DeHanes v. Rothman -- rank: 370

... 5.1 Version This case can also be found at 158 N.J. 90. SYLLABUS (This syllabus is not part of ... of the decedent's lost earnings and benefits to be $2,042,246. Following summation, the trial court instructed the jury ... undue intrusion upon the jury's function. (pp. 9-10) 2. Unlike damages for future pain, suffering, disability, and the like ... jury that the family had suffered a loss of approximately $2 million, of which $1.5 million represented income anticipated to ... that jury awards inflate their own costs for products (73.2"), medical care (89.3") and insurance (91.0"). Jurors: A Biased, Independent Lot , 154 N.J.L.J. 365, 367 (Nov. 2, 1998). Almost half of ...

docket:	a-167-97
court:	njsupreme
decided:	1999-04-19
status:
citation:	158 N.J. 90
Document Size:	45702