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3196 STEVEN DORN v. DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES -- rank: 359

... 42 U.S.C. A. 1396r-5(d)(1) and (2); and N.J.A.C. 10:71-5.7(c ... v. Div. of Med. Assistance & Health Servs. , 154 N.J. 158 , 166 (1998) (citations omitted) (internal quotation marks omitted).] Before Medicaid ... U.S. 473 , 480, 122 S. Ct. 962 , 967, 151 L. Ed.2d 935 , 944 (2002)), certif. denied , 184 N.J. 209 ... Assistance & Health Servs. , 379 N.J. Super. 321 , 324 n. 2. (App. Div.), certif. denied , 185 N.J. 393 (2005). Nevertheless ... U.S. 473 , 480, 122 S. Ct. 962 , 968, 151 L. Ed.2d 935 (2002) ("Congress sought to protect community ...

docket:	a5311-04
court:	njappellate
decided:	2006-07-21
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	48174

3197 STATE OF NEW JERSEY v. JOSEPH HESTER -- rank: 359

... 310. Yvonne Smith Segars, Public Defender, attorney for appellant (Eli L. Eytan, Designated Counsel, on the brief). Thomas F. Kelaher, Ocean ... U.S. 377 , 384, 88 S. Ct. 967 , 971, 19 L. Ed.2d 1247 , 1253 (1968)). To determine whether identification evidence is ... U.S. 98 , 114, 97 S. Ct. 2243 , 2253, 53 L. Ed.2d 140 , 154 (1977)). Following a hearing on March 2, 2004, the judge rejected defendant's challenge to Grob' ...

docket:	a7130-03
court:	njappellate
decided:	2006-11-14
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	64105

3198 /usr/local/share/www/libweb/collections/courts/appellate/a1077-17.opn.html -- rank: 359

... Respondent, v. SURFSIDE CASUAL FURNITURE, ROBERT A. HIMMELSTEIN and STEPHANIE L. HIMMELSTEIN, Defendants-Appellants. ________________________________ SURFSIDE CASUAL FURNITURE, Third-Party Plaintiff, v ... Plaintiff, v. SURFSIDE CASUAL FURNITURE, ROBERT A. HIMMELSTEIN and STEPHANIE L. HIMMELSTEIN, Fifth-Party Defendant. ________________________________ Argued February 24, 2020 – Decided ... Court of New Jersey, Law Division, Ocean County, Docket No. L-2182-13. William D. Wright argued the cause for appellants ... and Steven Andrew Unterburger, on the brief). A-1077-17T2 2 PER CURIAM Defendant-counterclaimant Surfside Casual Furniture (defendant) appeals from ... review a decision dismissing a claim under Rule 4:37-2(b) and Rule 4:40-1, applying the same standard as the trial court. 2 Smith v. Millville Rescue 1 The jury also rendered ...

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3199 BOROUGH OF BLOOMINGDALE v. BLOOMINGDALE JOINT VENTURE, et al. -- rank: 359

... the Superior Court of New Jersey, Law Division, Passaic County, L-5460-03. Anthony C. Sartori argued the cause for appellant ... We affirm substantially for the reasons expressed by Judge Ralph L. DeLuccia , Jr. in his oral opinion. Defendant, Bloomingdale Joint Venture ... orough. Pursuant to N.J.S.A. 40:55D-53.2, Meer was required to establish an escrow account with plaintiff ... to October charges, because Meer failed to mediate those charges; 2) Meer failed to sustain its burden of proof before the ... determination as required by N.J.A.C. 5:23A-2.3( j )(5)(ii). On November 15, 2004, Judge DeLuccia ... with the requirements of N.J.A.C. 5:23A-2.3(j)(5)(ii) and detail its specific reasons ...

docket:	A1978-05
court:	NJ Superior Court Appellate Division
decided:	2007-04-25
status:	unpublished
citation:
Document Size:	52213

3200 STATE OF NEW JERSEY v. EMMITT WORTHY, III -- rank: 357

... a breathalyzer test, N.J.S.A. 39:4-50.2; reckless driving, N.J.S.A. 39:4-96; and ... tests and the officer arrested him, read him his Miranda 2 warnings, and transported him to police headquarters, where defendant refused ... review of the law, however, is de novo. Id. at 158-59; Adubato , supra , 420 N.J. Super. at 176. We ... for more time to obtain testimony from "potentially" exculpatory witnesses, (2) failing to sequester the witnesses; and (3) cross-examining him ... to (1) meet with him prior to the trial date; (2) request sequestration of the witnesses; (3) take reasonable measures to ... trial counsel "performed below a level of reasonable competence"; and (2) "'a reasonable probability that, but for counsel's unprofessional ...

docket:	a1780-11
court:	NJ Superior Court Appellate Division
decided:	2013-03-28
status:	unpublished
citation:
Document Size:	25407

3201 TOMORY BOYER v. DIVISION OF CRIMINAL JUSTICE TRAINING ACADEMY -- rank: 357

... based upon a violation of N.J.A.C. 4A:2-2.3(a)(12) stemming from his dismissal from the academy ... 14 pursuant to N.J.A.C. 13:1-7.2(a)(8). He was charged with being absent without leave ... or 28, 2014, and started classes on February 10, 2014. 2. On February 12, 2014, the Academy advised Boyer the Academy ... Student Guide, Section III, Subsection A or B (Page 6). 2 14. Boyer has made no showing of discrimination, bad faith ... him with a violation of N.J.A.C. 4A:2-2.3(a)(12), 3 which authorizes removal for "[ ...

docket:	a4068-14
court:	NJ Superior Court Appellate Division
decided:	2017-04-27
status:	unpublished
citation:
Document Size:	33017

3202 STATE OF NEW JERSEY v. SAMMY MOORE -- rank: 357

... second petition was untimely under Rule 3:22-12(a)(2). We affirm. I. In 1994, a jury convicted defendant of ... shot, but did not kill, a second victim, K.S. 2 Defendant gave statements admitting to the murder and shooting. Defendant ... the verdict be set aside pursuant to Rule 3:18-2, and failing to adequately investigate the facts and present a ... denied for untimeliness pursuant to [ Rule ] 3:22-12(a)(2)." Defendant now appeals the order denying his second petition for ... conviction relief is being alleged. [ R. 3:22-12(a)(2).] Here, defendant is seeking to appeal the denial of his second PCR petition. Consequently, Rule 3:22-12(a)(2) governs. Under Rule 3:22-4(b), [a] second ...

docket:	a3682-15
court:	NJ Superior Court Appellate Division
decided:	2017-08-28
status:	unpublished
citation:
Document Size:	25833

3203 IN THE MATTER OF COUNTY OF ESSEX AND FOP LODGE 106, ET AL. -- rank: 357

... discuss the three other unions where applicable. A-3809-22 2 concluded the County engaged in the unfair practices alleged by ... 327-28 (1989); N.J.S.A. 34:13A-5.2. Under N.J.S.A. 34:13A-5.4(c ... S.A. 34:13A-5.4(a)(1) and (5), 2 by unilaterally changing the health insurance benefits provided to their ... costs arising from changes in negotiated levels of health benefits.' 2 These provisions proscribe certain actions by public employers: '[i]nterfering ... are limited to: (1) whether the agency followed the law; (2) whether the agency's decision is supported by substantial evidence ... the trial court in a civil proceeding. R. 4:46- 2(c); Brill v. Guardian Life Ins. Co. of Am., ...

docket:	a3809-22
court:	appellate
decided:	2024-05-03
status:	Unpublished
citation:
Document Size:	61776

3204 STATE OF NEW JERSEY v. ALDO ORELLANA -- rank: 357

... and to distribute, heroin. N.J.S.A. 2C:5-2; N.J.S.A. 2C:35-5(a)(1). The ... least twice expressed the opinion the defense contends was objectionable. 2 A-1768-14T2 v. United States, 344 U.S. 604, 619, 73 S. Ct. 481, 490, 97 L. Ed. 593, 605 (1953)), cert. denied, 507 U.S. 929, 113 S. Ct. 1306, 122 L. Ed. 2d 694 (1993)). Two of the State's police ...

docket:	a1768-14
court:	NJ Superior Court Appellate Division
decided:	2017-12-07
status:	unpublished
citation:
Document Size:	57988

3205 STATE OF NEW JERSEY v. BILAL MUHAMMAD -- rank: 357

... involving the same victim, N.J.S.A. 2C:14-2(a)(4) (counts three to seven); fourth-degree aggravated assault ... Release Act (NERA), N.J.S.A. 2C:43-7.2, which meant that defendant was required to serve eighty-five ... denied , 545 U.S. 1145 , 125 S. Ct. 2973 , 162 L. Ed.2d 898 (2005); State v. L.P. , 352 N.J. Super. 369 , 379 (App. Div.), certif ... State v. Winter , 96 N.J. 640 , 646-47 (1984); L.P. , supra , 352 N.J. Super. at 379. We ...

docket:	a4981-08
court:	NJ Superior Court Appellate Division
decided:	2011-06-17
status:	unpublished
citation:
Document Size:	58199

3206 STATE OF NEW JERSEY v. RAHMANN REEDS -- rank: 357

... 2827. Yvonne Smith Segars, Public Defender, attorney for appellant (Roger L. Camacho, Designated Counsel, of counsel and on the brief). John L. Molinelli, Bergen County Prosecutor, attorney for respondent (Catherine A. Foddai ... BECAUSE (1) THAT STOP UNLAWFULLY WAS BASED UPON RACE AND (2) EVEN ASSUMING ARGUENDO THE LEGALITY OF THAT STOP, BECAUSE OF ... WAS USED FOR THE COMPLETION OF THAT SELECTION PROCESS AND (2) BECAUSE THE PROSECUTION USED ITS PEREMPTORY CHALLENGES INAPPROPRIATELY TO DISCRIMINATE ... and V are without sufficient merit to warrant discussion. R. 2:11-3(E)(2). There was no evidence elicited at the suppression hearing ...

docket:	A1805-05
court:	NJ Superior Court Appellate Division
decided:	2007-09-27
status:	unpublished
citation:
Document Size:	53667

3207 STATE OF NEW JERSEY v. JAIRE L. HIGHSMITH -- rank: 357

... 5385-09T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. JAIRE L. HIGHSMITH, Defendant-Appellant. January 7, 2013 Submitted October 30 2012 ... of counsel and on the brief). PER CURIAM Defendant Jaire L. Highsmith appeals a December 18, 2009 order of the Law ... N.J.S.A. 2C:11-3(a)(1) and (2) (count one); third-degree possession of a weapon (a folding ... Release Act (NERA), N.J.S.A. 2C:43-7.2(a). The court imposed appropriate fines and penalties, which when ... heard on the excessive sentence oral argument calendar. See R. 2:9-11. On September 17, 2007, we affirmed the sentence ... pursuant to State v. Johnson , 182 N.J. 232 (2005); (2) he was entitled to withdraw his guilty plea; and ( ...

docket:	a5385-09
court:	NJ Superior Court Appellate Division
decided:	2013-01-07
status:	unpublished
citation:
Document Size:	22923

3208 JERSEY STATE OF NEW JERSEY v. MARIE L. MUNN -- rank: 357

... A-0 STATE OF NEW JERSEY, Plaintiff-Respondent, v. MARIE L. MUNN, a/k/a MARIE BOYD, Defendant-Appellant. _______________________________________________ October 11 ... the brief). PER CURIAM Tried to a jury, defendant Marie L. Munn was convicted of third-degree tampering with public records ... their combined income was less than $26,000. On August 2, 2006, defendant submitted an application for both children indicating her ... 439.43. On August 21, 2009, defendant completed an application 2 for the 2009-2010 school year, reporting an annual income ... following statement from defendant: In a statement last night, Marie L. Munn said because of misunderstandings and financial complications, she was ... s questions: [DAG]: Did you submit the response of Marie L. Munn to the Star Ledger? PENA: Yes. Munn came ...

docket:	a5295-13
court:	NJ Superior Court Appellate Division
decided:	2016-11-11
status:	unpublished
citation:
Document Size:	53401

3209 STATE OF NEW JERSEY v. RAKIM P. WILLIAMS -- rank: 357

... conviction and remand for a new trial. A-4156-19 2 I. Around 9:10 p.m. on September 15, 2017 ... two days beyond the time required by Rule 3:20-2, the trial court denied the motion as out of time ... on the papers, without issuing an accompanying statement of reasons. 2 At sentencing, the trial court granted the State's motion ... place in context the issues surrounding the seven - minute segment. 2 Although the order states the court's 'reasons were set ... to the scope of the evidence presented.' State v. Frost, 158 N.J. 76, 82 (1999). Prosecutors are 'expected to make ... fourth-degree resisting arrest, N.J.S.A. 2C:29- 2(a)(2). Defendant also was charged in Indictment No. ...

docket:	a4156-19
court:	NJ Superior Court Appellate Division
decided:	2022-03-03
status:	Published
citation:
Document Size:	36792

3210 IN RE APPROVAL OF AMENDED SECOND ROUND PLAN, REGIONAL CONTRIBUTION AGREEMENT, AND MEDIATION REPORT OF GALLOWAY TOWNSHIP -- rank: 357

... Galloway proposed to pay Bridgeton $35,000 per unit, totaling $2.135 million for housing rehabilitation activities in Bridgeton. The Galloway ... project, and/or units to demonstrate continued project plan feasibility. 2. Any change in the project plan subsequent to this feasibility ... in conjunction with [Bridgeton]'s Building Code and Finance Departments"; (2) the "work write-ups" submitted with the application "meet program ... small business in Bridgeton and environs. There are an estimated 2,385 properties (approximately 27% of the City's housing inventory ... Center website as part of its affirmative marketing plan, and (2) denying transfer of the matter to the OAL because there ... the limits permitted by the FHA and COAH's regulations; (2) the RCA reduced the number of age-restricted units ...

docket:	a1227-06
court:	NJ Superior Court Appellate Division
decided:	2008-07-07
status:	unpublished
citation:
Document Size:	73592