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3016 STATE OF NEW JERSEY v. LARRY JOHNSON -- rank: 370

... parole disqualifier. See N.J.S.A. 2C:43-7.2. Days later, on February 3, 2006, defendant filed a pro ... subsequently appealed to the Excessive Sentence Calendar pursuant to Rule 2:9-11. That appeal was denied on March 3, 2008 ... s Competency Although Sufficient Indicia of Defendant's Incompetency Existed 2. The Results Of The Proceeding[s] Would Have [Been] Different ... U.S. 668, 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984). To establish a deprivation of that ... by demonstrating that: (1) counsel's performance was deficient, and (2) the deficient performance actually prejudiced the accused's defense. ...

docket:	a5516-09
court:	NJ Superior Court Appellate Division
decided:	2011-09-22
status:	unpublished
citation:
Document Size:	19013

3017 STATE OF NEW JERSEY v. IGOR YANOVSKY et al. -- rank: 370

... v. IGOR YANOVSKY and ROMAN KRYLOV,         Defendants-Respondents.         Argued April 2, 2001 - Decided April 24, 2001         Before Judges Havey, See footnote ... Division, Criminal Part, Hunterdon County, 99-05-00097-I.         Katharine L. Errickson, Assistant Prosecutor, argued the cause for appellant (Stephen B ... 332 N.J. Super. 200 (App. Div. 2000). See footnote 2 2 The State argues that Carty established a new rule of ... U.S. 288 , 301, 109 S. Ct. 1060 , 1070, 103 L. Ed.2d 334 , 349 reh'g denied , 490 U.S. ...

docket:	A1982-00
court:	NJ Superior Court Appellate Division
decided:	2001-04-24
status:	published
citation:	340 N.J. Super. 1
Document Size:	28051

3018 JANE DOE individually et al. v. XYC CORPORATION -- rank: 370

... 2909-04T22909-04T2 JANE DOE individually and as g/a/l for JILL DOE, a minor, Plaintiff-Appellant, v. XYC CORPORATION ... from Superior Court of New Jersey, Law Division, Somerset County, L-212-04. Kevin Kovacs argued the cause for appellant (Purcell ... was viewing child pornography, and under Blake y [ v. Cont ' l Airlines , Inc. , 164 N.J. 38 (2000)] there is [no ... Employee's use of the Internet on his office computer; (2) assuming defendant had the ability to do so, whether it ... by addressing whether, as defendant claims, Blake y v. Cont'l Airlines, Inc. , 164 N.J. 38 (2000), is dispositive of ... denied , 573 U.S. 845 , 123 S. Ct. 182 , 154 L. Ed.2d 71 (2002); U nited States v. Simon ...

docket:	A2909-04
court:	NJ Superior Court Appellate Division
decided:	2005-12-27
status:	published
citation:	382 N.J. Super. 122 887 A.2d 115
Document Size:	100070

3019 EAST PENN SANITATION, INS. VS GRINNELL HAULERS, INC., ET AL -- rank: 370

... case can also be found at 294 N.J. Super. 158. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION ... amended complaint which added Cofrancesco as a defendant. See footnote 2     In this amended complaint, plaintiff alleged that the SCMUA had ... denied , 506 U.S. 871 , 113 S. Ct. 203 , 121 L. Ed.2d 145 (1992)). Moreover, this obligation does not require a ... also 3 Williston on Contracts , §411 at 18-19 (3d ed. 1960) ("The duties under a contract are not assignable inter ... jurisdiction to review the administrative action of the DEP. R. 2:2-3(a)(2); see Kohlbrenner Recycling Enterprises v. ...

docket:	a5700-93
court:	njappellate
decided:	1996-09-26
status:	published
citation:	294 N.J.Super. 158
Document Size:	54980

3020 RICHARD RIVERA v. THE TOWN OF WEST NEW YORK -- rank: 370

... Court of New Jersey, Law Division, Hudson County, Docket No. L-3009-10. Samuel J. Halpern argued the cause for appellant ... the New Jersey Police and Firemen's Retirement System (PFRS)"; (2) Rivera was permitted to file "simultaneous with any PFRS filing ... York pursuant to N.J.S.A. 43:16A-8(2); see also N.J.A.C. 4A:4-7.12 ... the summary action protocol of Rule 4:67-6(a)(2). West New York responded to the complaint by filing a ... dismissal and denied Rivera's cross motion. This appeal ensued. 2 II. Rivera argues that he is entitled to the relief ... plain language of N.J.S.A. 43:16A-8(2) together with decisional law that mandates its application. He ...

docket:	a2049-10
court:	NJ Superior Court Appellate Division
decided:	2012-02-16
status:	unpublished
citation:
Document Size:	27160

3021 STATE OF NEW JERSEY v. C.S. -- rank: 370

... Deputy Public Defender, of counsel and on the brief). Joseph L. Bocchini, Jr., Mercer County Prosecutor, attorney for respondent (Ryan E ... Article 1 § 10 of the N.J. Constitution, 702[2] & [3], 703[2],[3], & [4],705[3] and 104(a). ISSUE THREE Defendant ... indictment and illegally charged with the same offense on count 2 of his indictment at the jury phase of his trial ... of confrontation under Crawford v. Washington , 541 U.S. 36 , 158 L. Ed.2d 177 , 124 S. Ct. 1354 (2004) was ...

docket:	a7129-03
court:	njappellate
decided:	2006-10-27
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	51239

3022 /usr/local/share/www/libweb/collections/courts/appellate/a5266-07_1.opn.html -- rank: 370

... AND TO ESTABLISH WATERSHED CRITERIA. ___________________________________ May 15, 2014 Argued June 2, 2009 – Remanded July 21, 2009 Reargued March 5, 2014 ... Sewerage Authority, and Madison-Chatham Joint Meeting (Maraziti, Falcon & Healey, L.L.P., attorneys; Ms. Alexander, of counsel and on the briefs ... following facts and procedural history from the record on appeal. 2 In 2008, the Department adopted amendments to its Northeast, Upper ... 521 (App. Div. 2000); see also Clowes v. Terminix Int'l, Inc. , 109 N.J. 575 , 588 (1988); Outland v. Bd ... denied , 449 U.S. 983 , 101 S. Ct. 400 , 66 L. Ed.2d 245 (1980). "The burden of demonstrating that ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	45062

3023 STATE OF NEW JERSEY v. RANDY WILLIAMS -- rank: 370

... appellant (Mark Zavotsky, Designated Counsel, on the brief). Theodore F. L. Housel, Atlantic County Prosecutor, attorney for respondent (James F. Smith ... of first degree robbery, N.J.S.A. 2C:5-2, he was sentenced to consecutive eighteen-year terms on each ... counsel for failure to (1) assert a timely alibi defense; (2) move for a Wade hearing; (3) advise defendant of his ... ineffective for (1) failing to investigate a potential alibi witness; (2) "affirmatively misinforming" him about "the penal consequences of going to ... September 11, 2001. Pursuant to R. 3:22-1 and -2, a person convicted of a crime is permitted to file ... U.S. 668, 687-98, 104 S. Ct. 2052, 80 L.Ed. 2d 674 (1984) , and adopted by the New ...

docket:	A2149-06
court:	NJ Superior Court Appellate Division
decided:	2008-03-31
status:	unpublished
citation:
Document Size:	43762

3024 M.F. v. DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES -- rank: 370

... the balance of PDN hours to be funded by Medicaid. 2 M.F., through his mother, sought a Medicaid fair hearing ... evidence in the record as a whole. In re Taylor , 158 N.J. 644 , 656-57 (1999). We defer to the ... v. Div. of Med. Assistance & Health Servs. , 154 N.J. 158 , 166 (1998) (quoting L.M. v. Div. of Med. Assistance & Health Servs. , 140 N ... added).] N.J.A.C. 10:60-6.3(b)(2) also states that "[PDN] is a waiver service provided under ... and N.J.A.C. 10:60-6.3(b)(2) were amended, without comment, specifically to include the phrases " ...

docket:	a1790-11
court:	NJ Superior Court Appellate Division
decided:	2013-08-21
status:	unpublished
citation:
Document Size:	34850

3025 STATE OF NEW JERSEY v. RODNEY F. EDISON -- rank: 370

... The record reveals that between 1:00 p.m. and 2:00 p.m. on January 5, 2009, Shefton was walking ... photo array. Defendant was arrested and, after waiving his Miranda 2 rights gave a videotaped statement. Defendant admitted he had kicked ... the weapon from the scene was contrary to the evidence. 2. Comments about the fictitious "Susie" were speculative and improperly expanded ... sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(2). However, we make the following brief comments. Pam's statements ... S. 813 , 822, 126 S. Ct. 2266 , 2273-75, 165 L. Ed.2d 224 , 237 (2006), and did not violate ...

docket:	a0264-10
court:	NJ Superior Court Appellate Division
decided:	2013-10-10
status:	unpublished
citation:
Document Size:	24064

3026 CRESCENT TRADING, LLC v. CHARLES CHERA -- rank: 370

... Submitted: March 10, 2010 – Decided: Before Judges Cuff, C.L. Miniman and Waugh. On appeal from Superior Court of New Jersey, Law Division, Essex County, Docket Nos. L-8868-05 and LT-20836-06. Riley E. Horton, Jr ... C in the Law Division, Essex County, under docket number L-8868-05, asserting various causes of action. Among other claims ... member is not a party to this suit. On August 2, 2006, S&C filed a complaint against Crescent in the ... Crescent. S&C later filed an eviction complaint on August 2, 2006. The next day, Crescent voluntarily relinquished possession of the ... make new credibility findings. Dolson v. Anastasia , 55 N.J. 2 , 7 (1969); Trusky v. Ford Motor Co. , 19 N. ...

docket:	a3281-07
court:	superior court appellate division
decided:	2010-10-04
status:	unpublished
citation:
Document Size:	57017

3027 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:	a4937-10
court:	NJ Superior Court Appellate Division
decided:	2013-03-06
status:	unpublished
citation:
Document Size:	41049

3028 BERNARD MARGALIT and SIMHA MARGALIT v. WOODS RESTORATION SERVICES LLC / and CHUBB INSURANCE COMPANY OF NEW JERSEY, INC v. ANZO, INC., T/A TOTAL PLUMBING AND HEATING and EVERGREEN LANDSCAPING amp; NURSERY, LLC -- rank: 370

... Court of New Jersey, Law Division, Bergen County, Docket No. L-6480-09. Richard S. Nichols argued the cause for appellant ... Faulty planning, construction or maintenance" exclusion (the faulty workmanship exclusion). 2 This exclusion bars coverage for "any loss caused by the ... Michael Anzovino of Anzo, the plumbing subcontractor, testified he told Ed Christenson, Woods's project manager, that it was necessary for ... its subcontractors. Question A-1(a) asked if "Chubb breach[ed] its obligations under the insurance policy by not paying the ... concrete floor slab. Question A-5 asked if "Chubb breach[ed] its obligations under the insurance policy by not paying the ... for judgment notwithstanding the verdict pursuant to Rule 4:40-2 or, in the alternative, to mold the verdict because ...

docket:	a1057-11
court:	New Jersey Superior Court Appellate Division
decided:	2013-01-07
status:	Published
citation:
Document Size:	60319

3029 STATE OF NEW JERSEY v. BERNARD GREEN -- rank: 370

... v. BERNARD GREEN and RICHARD JENKINS, Defendants-Appellants. ___________________________________ Argued April 2, 2008 - Decided Before Judges Wefing, R. B. Coleman, and Lyons ... Assistant Mercer County Prosecutor, argued the cause for respondent (Joseph L. Bocchini, Jr., Prosecutor, attorney; Ms. Petrucci, of counsel and on ... J.S.A. 2C:11-3, 2C:5-1, 2C:2-6), allegedly committed on August 28, 2005. Indictment 06-03 ... 7.1, -5(a)(1), -5(b)(3), and 2C:2-6) ; possession of cocaine with intent to distribute within five ... 35-7.1, -5(a)(1), -5(b)(3), 2C:2-6); possession of marijuana with intent to distribute ( N.J ... 2C:35-7, -5(a)(1), -5(b)(12), 2C:2-6); possession of marijuana with intent to distribute within ...

docket:	a0745-07
court:	NJ Superior Court Appellate Division
decided:	2008-07-09
status:	unpublished
citation:
Document Size:	31821

3030 DAVID SCOTT LANDAU v. STACY LANDAU -- rank: 367

... agreed that defendant would receive limited duration term alimony. 1 L. 2014, c. 42, § 1 became effective the day it was enacted, September 10, 2014. A-1240-18T4 2 Plaintiff agreed to pay defendant $44,000 per month for ... that A-1240-18T4 6 is consistent with potential concealment [2] of such a relationship, [he was] going to authorize limited ... reconsideration, although reiterating it 'could not conclude' from the evidence 2 Plaintiff alleged defendant took down her Facebook posts referring to ... render fit, reasonable and just,' N.J. Rev. Stat. §2:50-37 (1937), as 'investing chancery with a continuing jurisdiction ... sufficient merit to warrant discussion in a written opinion, R. 2:11-3(e)(1)(E), and do not consider ...

docket:	a1240-18
court:	NJ Superior Court Appellate Division
decided:	2019-09-12
status:	Published
citation:	--- A.3d ----
Document Size:	33296