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3226 STATE OF NEW JERSEY v. KEVIN HUDSON -- rank: 354

... have been clearly capable of producing an unjust result." R. 2:10-2. So viewed, we reject defendant's claim that the judge ... error was clearly capable of producing an unjust result. R. 2:10-2. Defendant argues that the hospital records contain inadmissible hearsay and ... were not "clearly capable of producing an unjust result," R. 2:10-2, in light of defense counsel's statements at trial. ...

docket:	a5739-07
court:	superior court appellate division
decided:	2010-05-21
status:	unpublished
citation:
Document Size:	46458

3227 Lowe v. Zarghami -- rank: 354

... 5.1 Version This case can also be found at 158 N.J. 606. SYLLABUS (This syllabus is not part of ... the relative nature of the work test. (pp.8-14) 2. Under the control test, Dr. Zarghami's status as a ... Sade attorneys; Mr. Fischer and Mary C. Jacobson and Joseph L. Yannotti , Assistant Attorneys General, of counsel; Karen L. Jordan , Deputy Attorney General, on the briefs).          Lawrence R. Cohan ... America-New Jersey ( Brown & Gold , attorneys; Mr. Brown and William L. Gold , on the brief).     The opinion of the Court was ... had used to keep Lowe's ureter open. On February 2, 1995, Lowe was admitted to the KMH emergency room, ...

docket:	a-192-97
court:	njsupreme
decided:	1999-06-07
status:
citation:	158 N.J. 606
Document Size:	68467

3228 ELVIRA DUBOIS, v. SENIOR LIVING SOLUTIONS LLC -- rank: 354

... Court of New Jersey, Law Division, Middlesex County, Docket No. L-5987-16. Lance Brown and Associates, LLC, attorneys for appellant/cross-respondent (Lance D. Brown, Sherry L. Foley, and Timothy J. Foley, of counsel and on the briefs; Sommer L. Spillane and David Schwadron, on the briefs). Marks, O'Neill ... M. Jones, on the brief). PER CURIAM A-1194-19 2 Plaintiff Elvira Dubois, administratrix of the estate of Margaret Sebastian ... Gasparis, who was never previously identified by plaintiff in discovery.2 Defendants immediately objected. After hearing oral argument, the judge entered ... the October order), spreading his reasons orally on the record. 2 The appellate record includes the report and the responses ...

docket:	a1194-19
court:	NJ Superior Court Appellate Division
decided:	2021-08-05
status:	Unpublished
citation:
Document Size:	41314

3229 STATE OF NEW JERSEY v. T.E. -- rank: 354

... of aggravated sexual assault, N.J.S.A. 2C:14-2(a)(1), (2)(c), ten counts of endangering the welfare of a child ... count of sexual assault, N.J.S.A. 2C:14-2(b), and two counts of aggravated criminal sexual contact, N ... Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant filed a direct appeal. In an unpublished opinion, we ... 22-5. We find no merit to these contentions, Rule 2:11-3(e)(2), and affirm substantially for the reasons stated by Judge ...

docket:	a0720-14
court:	NJ Superior Court Appellate Division
decided:	2016-02-22
status:	unpublished
citation:
Document Size:	23506

3230 WILLIAM SHLALA v. CATHOLIC HEALTH AND HUMAN SERVICES -- rank: 354

... Court of New Jersey, Law Division, Essex County, Docket No. L-3488-05. Christopher W. Hager argued the cause for appellant ... judge then dismissed the CEPA claim. R ule 4:46-2(c) provides that a summary judgment motion must be granted ... S. 574 , 596, 106 S. Ct. 1348 , 1357-58, 89 L. Ed.2d 538 , 553-55 (1986)), to determine whether a genuine ... argument." Ibid. (quoting The Compact Oxford English Dictionary 1947 (2d ed. 1993)) (internal quotation marks omitted). Determining what is substantial requires ... S. 242 , 254-56, 106 S. Ct. 2505 , 2513, 91 L. Ed.2d 202 , 215-16 (1986). Inevitably, the judge ...

docket:	a0055-08
court:	superior court appellate division
decided:	2010-04-23
status:	unpublished
citation:
Document Size:	129274

3231 STATE OF NEW JERSEY v. DEREK BETHEA -- rank: 354

... crime must be admissible as relevant to a material issue; 2. It must be similar in kind and reasonably close in ... to show defendant's intent, knowledge, and absence of mistake. 2 The 2005 conviction demonstrated defendant understood the rules of craps ... Miranda , supra , 384 U.S. 436 , 86 S. Ct. , 16 L. Ed 2 d . "Whether or not a person is in custody is ... U.S. 420 , 442, 104 S. Ct. 3138 , 3151, 82 L. Ed.2d 317 , 336 (1985)). Although defendant was detained ...

docket:	a5738-13
court:	NJ Superior Court Appellate Division
decided:	2016-11-01
status:	unpublished
citation:
Document Size:	41643

3232 WILLIAM R. GEIGER v. NEW JERSEY PAROLE BOARD -- rank: 354

... State Parole Board , 154 N.J. 19 (1998) ( Trantino IV ), 2 "which set forth the test for parole fitness on Title ... released on parole.'" Geiger II , supra , slip op. at 1-2. We noted that Trantino IV clarified that rehabilitation was relevant ... if released on parole. [ Geiger II , supra , slip op. at 2.] We then concluded that the Board's remand decision was ... U.S. 1 , 10, 99 S. Ct. 2100 , 2105, 60 L. Ed.2d 668 , 677 (1979)). "To a greater degree than is ... factors deemed relevant: 1. Commission of an offense while incarcerated. 2. Commission of serious disciplinary infractions. 3. Nature and pattern ...

docket:	a5782-12
court:	NJ Superior Court Appellate Division
decided:	2015-04-20
status:	unpublished
citation:
Document Size:	33111

3233 ABUSSAMAA R RAMZIDDIN v. LGTC/ACCURATE MED TRANS NJ -- rank: 354

... Court of New Jersey, Law Division, Mercer County, Docket No. L-0828-18. Abussamaa R. Ramziddin, appellant, argued the cause pro ... favorable to plaintiff. Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co. of Pittsburgh, 224 N.J. 189 ... IVE Y OU A RIDE (April 2016). A-5644-18 2 maintenance and to his orthopedic doctor, who was treating plaintiff ... in LogistiCare's motion as required by Rule 4:46-2(b). On August 1, 2019, the trial court heard oral ... medical providers detailing the importance of his uninterrupted medical treatment,2 the letters do not state plaintiff was injured by the delayed 2 The trial court stated at the August 27, 2019, ...

docket:	a5644-18
court:	NJ Superior Court Appellate Division
decided:	2021-02-25
status:	Unpublished
citation:
Document Size:	28502

3234 RICK RUSSO v. CITY OF ATLANTIC CITY -- rank: 354

... Court of New Jersey, Law Division, Atlantic County, Docket No. L-1135-16. Castellani Law Firm, LLC, attorneys for appellant (David ... plaintiff he did not feel well and A-4024-18 2 could not perform the inspection. Plaintiff was going on a ... with regular procedure, the notice ordered the property be 'repair[ed] or demolish[ed].' Significant to this case, Cox was a member of the ... upgrade the electric.' Plaintiff attended the meeting, held on August 2, 2012. The property owner submitted documents showing the units were ... the Civil Service Commission (Commission) to perform a 'desk audit'2 concerning the same issue. In March 2013, Cox removed ...

docket:	a4024-18
court:	NJ Superior Court Appellate Division
decided:	2021-03-04
status:	Unpublished
citation:
Document Size:	40832

3235 STATE OF NEW JERSEY v. HECTOR ROYAL -- rank: 354

... Foods' warehouse and put on masks and gloves. At approximately 2 a.m., Diego Perdomo exited the warehouse to turn off ... McCarthy, the night supervisor at Maxim, arrived at work around 2 a.m. Approximately five to ten minutes later he entered ... Release Act (NERA), N.J.S.A. 2C:43-7.2, conditioned on Jones providing truthful testimony against his co-defendants ... J. 374 , 387 (2002); State v. Martin , 119 N.J. 2 , 15 (1990). In P.H. , supra , the Court recognized that ... 318 N.J. Super. 242 , 254 (App. Div.), certif. denied , 158 N.J. 687 (1999). The State also argues that, because ... pursuant to NERA, N.J.S.A. 2C:43-7.2, for count one; and (2) a consecutive thirteen-year ...

docket:	a6520-05
court:	njappellate
decided:	2009-02-27
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	85077

3236 STATE OF NEW JERSEY v. KAREEM ALFORD -- rank: 354

... the intent to distribute, N.J.S.A. 2C:5-2, 2C:35-5(a)(1), and 2C:35(b)(3 ... of imprisonment with a four-year period of parole ineligibility. 2 On count five, the judge imposed a concurrent five-year ... is "error clearly capable of producing an unjust result." R . 2:10-2; Nesbitt , supra , 185 N.J. at 514. We conclude that ... v. Frisby , 174 N.J. 583 , 591 (2002) (quoting R. 2:10-2). The possibility of such an effect "must be real, ...

docket:	A6549-05
court:	New Jersey Superior Court Appellate Division
decided:	2008-05-09
status:	Published
citation:
Document Size:	61478

3237 STATE OF NEW JERSEY v. WILKIE SMITH -- rank: 354

... appellant (Thomas G. Hand, Designated Counsel, on the brief). John L. Molinelli, Bergen County Prosecutor, attorney for respondent (Annmarie Cozzi, Assistant ... 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. Ibid ... U.S. at 690, 104 S. Ct. at 2066, 80 L. Ed. 2d at 695. "[C]omplaints 'merely of matters of ...

docket:	a4729-07
court:	superior court appellate division
decided:	2010-06-01
status:	unpublished
citation:
Document Size:	116880

3238 C.D.M. v. S.M.P. -- rank: 354

... M., Plaintiff-Appellant, v. S.M.P., Defendant-Respondent. _________________________________ July 2, 2014 Submitted June 18, 2014 – Decided Before Judges Fuentes ... brought by plaintiff pursuant to N.J.S.A. 9:2-7.1, the trial court dismissed the complaint without conducting ... the issues this court identified in R.K. v. D.L. , 434 N.J. Super. 113, 137-40 (App. Div. 2014 ... with her half-brother "Nathan." Plaintiff filed a verified complaint 2 in September 2012 on behalf of herself and her grandson ... court-ordered visitation pursuant to N.J.S.A. 9:2-7.1. Plaintiff has physical and legal custody of Nathan ... to visitation as Nancy's parent. As permitted by Rule 2:5-1(b), the judge supplemented his analysis and ...

docket:	a2804-12
court:	NJ Superior Court Appellate Division
decided:	2014-07-02
status:	unpublished
citation:
Document Size:	21071

3239 IN THE MATTER OF THE APPLICATION OF THE TOWNSHIP OF READINGTON COUNTY OF HUNTERDON -- rank: 354

... Court of New Jersey, Law Division, Hunterdon County, Docket No. L-0301-15. Berger & Bornstein, LLC, attorneys for appellant United States ... of a sufficient number of affordable-housing A-2756-21 2 units and, thus, the court erred in approving the Township ... v. Mount Laurel Township (Mount Laurel II), 92 N.J. 158 (1983). In 1985, following Mount Laurel II, the Legislature codified ... interested parties.' Mount Laurel IV, 221 N.J. at 23. 2 'To guide the . . . judges who would be evaluating 2 The FSHC is 'a non-profit organization that advocates for ... IV, the Township filed a declaratory judgment action on July 2, 2015, seeking approval of the Township's HEFSP and ...

docket:	a2756-21
court:	NJ Superior Court Appellate Division
decided:	2023-11-08
status:	Unpublished
citation:
Document Size:	39416

3240 DEPARTMENT OF CHILDREN AND FAMILIES, DIVISION OF CHILD PROTECTION AND PERMANENCY v. D.T. -- rank: 354

... ALJ consisted of: (1) a June 12, 2007 screening summary; (2) a referral response report; (3) an eight-page contact sheet ... J. 299, 317 (1994), for the admission of such statements; (2) Dr. Finkel's testimony could not rise any higher than ... 427 (2006), certif. denied , 190 N.J. 394 (2007); D.L. v. Bd. of Educ. of Princeton Reg'l Sch. Dist. , 366 N.J. Super. 269 , 273 (App. Div ... result [ourselves].'" Id. at 587 (quoting Clowes v. Terminix Int'l, Inc. , 109 N.J. 575 , 588 (1988)). See N.J ... State League of Municipalities v. Dep't of Cmty. Affairs , 158 N.J. 211 , 222 (1999) (holding that "a reviewing ...

docket:	a1483-12
court:	NJ Superior Court Appellate Division
decided:	2013-08-21
status:	unpublished
citation:
Document Size:	55935