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3271 CITY OF CAPE MAY, A Municipal Corporation of the State of New Jersey V. J. FRED COLDREN, -- rank: 351

... Manager, and asserted a breach of-contract claim. See footnote 2 2 After the trial judge ruled in favor of the city ... See footnote 6 6     In Schettino v. Roizman Dev., Inc. , 158 N.J. 476 (1999), the Supreme Court addressed whether a ... denied , 469 U.S. 1123 , 105 S. Ct. 808 , 83 L. Ed.2d 800 (1985). In cases in which an offer of ... claim, an award can be made under R. 4:58-2 or -3 with respect to that portion of the ...

docket:	a6352-97
court:	njappellate
decided:	2000-02-25
status:	published
citation:	329 N.J.Super. 1
Document Size:	25572

3272 EMPOWERNJ v. DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 351

... regulatory scheme to address and reduce emissions. A-1461-21 2 A. Statutory and Regulatory Background The GWRA was first enacted ... short-lived climate pollutants, such as black carbon and methane. L. 2019, c. 197, § 1 (codified as amended at N ... within twelve months of the effective date of the amendments. L. 2019, c. 197, § 4 (codified as amended at N ... limit and the established A-1461-21 3 interim benchmarks.' L. 2019, c. 197, § 3 (codified as amended at N ... policies, and programs in achieving the [2050 limit] and provid[ed] detailed recommendations for bridging the resulting emissions reductions gap.' The ... that 'the [Report], 2019 EMP, and any updates thereto, . . . represent[ed] appropriate and effective vehicles for establishing any interim benchmarks, ...

docket:	a1461-21
court:	NJ Superior Court Appellate Division
decided:	2023-08-07
status:	Unpublished
citation:
Document Size:	36507

3273 Paruszewski v. Township of Elsinboro -- rank: 351

... including the authority to regulate land use. (pp. 6-8) 2. Generally, the municipal zoning officer has standing to institute actions ... 1997). Relying on Township of Dover v. Board of Adjustment , 158 N.J. Super. 401 (App. Div. 1978), and Zoning Bd ... 1997) [hereinafter New Jersey Zoning ]. Article IV, Section 6, paragraph 2 of the New Jersey Constitution authorizes the Legislature to delegate ... exclusive), certif. denied , 108 N.J. 218 (1987); Dover , supra , 158 N.J. Super. at 411 (recognizing that township, through its ... act to be exercised by [the] (1) planning board or (2) board of adjustment shall not be exercised by any other ... those powers granted by statute." New Jersey Zoning , supra , § 4-2.1. N.J.S.A. 40:55D-70 ("Section ...

docket:	a-54-97
court:	njsupreme
decided:	1998-05-18
status:
citation:	154 N.J. 45
Document Size:	51296

3274 STATE OF NEW JERSEY v. JOEL VELEZ -- rank: 351

... defendant's motion for a second doctor to determine competency; (2) PCR counsel erred by failing to investigate the insanity defense ... denied , 545 U.S. 1145 , 125 S. Ct. 2973 , 162 L. Ed.2d 898 (2005). However, pursuant to Rule 3:22-5 ... more than a brief discussion in a written opinion. R. 2:11-3(e)(2). We nevertheless add the following comments. II. First, defendant contends ... the issue and not merely cumulative or impeaching or contradictory; (2) discovered since the trial and not discoverable by reasonable ...

docket:	a2550-07
court:	NJ Superior Court Appellate Division
decided:	2011-04-20
status:	unpublished
citation:
Document Size:	33728

3275 STATE OF NEW JERSEY v. ERNEST WHEELER -- rank: 351

... Washington , 466 U.S. 668 , 104 S. Ct. 2052 , 80 L. Ed.2d 674 (1984), a defendant must demonstrate "counsel's representation ... U.S. at 688, 104 S. Ct. at 2064, 80 L. Ed. 2d at 693. This requires a showing that counsel was ... omitted), cert. denied , ___ U.S. ___, 133 S. Ct. 1454 , 185 L. Ed.2d 361 (2013). Thus, "[t]his test requires the ...

docket:	a3397-12
court:	NJ Superior Court Appellate Division
decided:	2014-05-13
status:	unpublished
citation:
Document Size:	21515

3276 STATE OF NEW JERSEY v. GARY JOSEPH MAYRON -- rank: 351

... Plaintiff-Respondent, v. GARY JOSEPH MAYRON,     Defendant-Appellant. _______________________________________         Submitted October 2, 2001 -- Decided October 17, 2001         Before Judges Pressler, Wefing and ... towards defendant and not a good candidate for a juror.     2.    THE DEFENDANT WAS SUBJECTED TO PROSECUTORIAL MISCONDUCT WHEN THE PROSECUTOR ... 451 (1992). Accord State v. Marshall , 148 N.J. 89 , 158, cert. denied , 522 U.S. 850 , 118 S. Ct. 140 , 139 L. Ed.2d 88 (1997).     There is no court rule that specifically ... motion involves pretrial discovery or calendar matters. R. 1:6-2(d). The availability of oral argument on criminal motions ...

docket:	A2116-99
court:	NJ Superior Court Appellate Division
decided:	2001-10-17
status:	published
citation:	344 N.J. Super. 382 782 A.2d 437
Document Size:	16205

3277 HOUSING AUTHORITY OF THE CITY OF SALEM v. ALBERT J. FIELDS, JR -- rank: 351

... with an Authority representative and agreed that he had a $158 credit which would be applied to his June rent of ... in Special Civil Part actions is governed by Rule 6:2-3. The rule provides several methods of service, including the "Service By Mail Program" used here. R. 6:2-3(b), (d). Under that program, the clerk of the ... mailing address provided by the plaintiff's attorney. R. 6:2-3(d)(1). Here, service was impeded because of the ... provide the clerk with defendant's SCCF address. Rule 6:2-3(b) provides: When the plaintiff-landlord has reason to ... reason to believe that service was not effected.'" Morristown Mem'l Hosp. v. Caldwell , 340 N.J. Super. 562 , 564 ( ...

docket:	a1308-12
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	20824

3278 STATE OF NEW JERSEY v. LAVAR T. RODGERS -- rank: 351

... judgment of conviction entered by the trial court on October 2, 2012, and challenges his convictions and the sentences imposed. We ... first-degree kidnapping, N.J.S.A. 2C:13-1b(2) (counts one, two, three and four); third-degree criminal restraint ... traced the call to the building where defendant resided. Around 2:00 a.m., the TEAMS unit entered the residence with ... Release Act (NERA), N.J.S.A. 2C:43-7.2. The court also sentenced defendant to a consecutive seven-year ... WAS ACCUSED OF CRIMES AGAINST KIDS, THE QUESTIONS ONLY WORK[ED] TO PREJUDICE[] HIM. (NOT RAISED BELOW). VIII. THE DEFENDANT'S ... error was "clearly capable of producing an unjust result." R. 2:10-2; State v. Maloney , 216 N.J. 91 , ...

docket:	a1696-12
court:	NJ Superior Court Appellate Division
decided:	2014-11-05
status:	unpublished
citation:
Document Size:	38473

3279 STATE OF NEW JERSEY v. NAJEE A. MARSHALL -- rank: 351

... Release Act (NERA), N.J.S.A. 2C:43-7.2, and dismissal of the remaining counts. Relevant here, the plea ... in State Prison on [a] parole hit? A-2002-20 2 DEFENSE COUNSEL: Yes. He's currently in Southwood State Prison ... as part of the plea agreement.' The assistant prosecutor 'object[ed] to any discretionary credits' and argued, '[i]t wasn't ... his sentence on the excessive sentencing oral calendar, per Rule 2:9-11, and remanded the matter, directing the judge to ... whether the defendant has asserted a colorable claim of innocence; (2) the nature and strength of defendant's reasons for withdrawal ... raised in Points I, II, and IV lack merit, Rule 2:11- 3(e)(2), and that we need only ...

docket:	a2002-20
court:	NJ Superior Court Appellate Division
decided:	2022-04-20
status:	Unpublished
citation:
Document Size:	28002

3280 STATE OF NEW JERSEY v. LESLIE H. JOHNSON -- rank: 351

... the evidence did not support the charges against him; and (2) not properly investigating the facts of the case, or otherwise ... U.S. 668, 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984). This appeal followed. II. On appeal ... show: (1) the deficiency of his counsel's performance and (2) prejudice to his defense. Strickland , supra , 466 U.S. at 687, 104 S. Ct. at 2064, 80 L. Ed. 2d at 693. However, "[w]hen a guilty plea ...

docket:	a2783-12
court:	NJ Superior Court Appellate Division
decided:	2014-06-12
status:	unpublished
citation:
Document Size:	18785

3281 STATE OF NEW JERSEY v. AUGOSTINHO MORAIS, -- rank: 351

... fourth degree false swearing, N.J.S.A. 2C:28-2 (Count 10). He was acquitted on the remaining counts alleging ... to a Kennedy's Fried Chicken to buy cigarettes at 2:00 a.m. The co- defendants were in plain clothes ... with recorded conversations of defendant, co-defendant and Collins between 2:18 a.m. and 2:40 a.m. that night. Defendant and his partner were ... that (1) the prosecutor improperly spoke directly to a juror; (2) the prosecutor improperly referred to the "blue wall" when describing ... denied , 534 U.S. 858 , 122 S. Ct. 136 , 151 L. Ed.2d 89 (2001); State v. Frost , 158 N. ...

docket:	a4320-00
court:	njappellate
decided:	2003-04-01
status:	published
citation:	359 N.J. Super. 123
Document Size:	28131

3282 STATE OF NEW JERSEY v. HERNE LACOSTE -- rank: 351

... 0750. Robert Carter Pierce argued the cause for appellant. James L. McConnell, Assistant Prosecutor, argued the cause for respondent (Geoffrey D ... Daniels' mother's East Orange home in early October 2011. 2 According to S.P., Daniels was controlling and would not ... or prosecution, N.J.S.A. 2C:29-3(a)(2); and second-degree official misconduct, N.J.S.A. 2C:30-2. With the exception of official misconduct, Daniels was similarly charged ... Early Release Act, N.J.S.A. 2C:43-7.2, on the kidnapping conviction; a concurrent seven-year prison term ... denied , 362 U.S. 956 , 80 S. Ct. 873 , 4 L. Ed.2d 873 (1960)). For example, in State v. ...

docket:	a4113-12
court:	NJ Superior Court Appellate Division
decided:	2014-12-09
status:	unpublished
citation:
Document Size:	58192

3283 STATE OF NEW JERSEY v. JAMES RANDOLPH -- rank: 351

... Brown , 460 U.S. 730 , 103 S. Ct. 1535 , 75 L. Ed.2d 502 (1983). No precedent precluded the police from verifying ... J. 378 (1982). Compare State v. Tucker , 136 N.J. 158 , 166 (1994) (where police actions would cause a reasonable person ... S. 471 , 487-88, 83 S. Ct. 407 , 417, 9 L. Ed.2d 441 , 455 (1963). Having found that initial seizure to ... U.S. 752 , 763, 89 S. Ct. 2034 , 2040, 23 L. Ed.2d 685 , 694 (1973); Unit e d States ...

docket:	a5924-04
court:	njappellate
decided:	2007-07-03
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	59566

3284 D’Annunzio v. Prudential Insurance Co. -- rank: 351

... legislation, the statute must be construed liberally. (pp. 9-11) 2. CEPA defines “employee” as “any individual who performs services for ... his claim to CEPA’s protection. See R. 4:46-2(c); Brill v. Guardian Life Ins. Co. of Am. , 142 ... necessity of treatment plans submitted for approval. See See footnote 2 Prudential opted to meet that requirement by having a cadre ... D’Annunzio (1) provide leadership and education to the staff; (2) review claims for medical appropriateness; (3) discuss treatment alternatives with ... 184 N.J. at 77; Higgins v. Pascack Valley Hosp. , 158 N.J. 404 , 420 (1999); Abbamont , supra , 138 N.J ... wages or other remuneration. [ N.J.S.A. 34:19-2(b).] The question is who is included in that ...

docket:	a-119-05
court:	njsupreme
decided:	2007-07-25
status:
citation:	192 N.J. 110
Document Size:	80380

3285 PATRICK BOYLE v. CAROL HUFF -- rank: 351

... 725 residential and twenty-nine commercial units A-1965-21 2 built along the Atlantic City Boardwalk. The OC Condominium is ... the Trustee Defendants had breached their fiduciary duties (count one); (2) a claim for injunctive relief to reinstate plaintiff as a ... any time through the date of this [o]rder; [and] 2. Defendants and [p]laintiff reserve all stated rights and defenses ... no contractual duty to indemnify plaintiff under the By-laws; (2) the final judgment should be reversed because the Chancery court ... reinstated as a trustee. We also hold that defendants 'abandon[ed]' their contention that plaintiff engaged in misconduct or bad faith ... 217 N.J. 22, 38 (2014)); accord R. 4:46-2(c). 'An issue of material fact is 'genuine only ...

docket:	a1965-21
court:	NJ Superior Court Appellate Division
decided:	2023-01-20
status:	Unpublished
citation:
Document Size:	40039