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3316 STATE OF NEW JERSEY v.KRISTINA EADDY -- rank: 349

... N.J.S.A. 2C:5-1, 11-3 and 2-6 (Count 1); second degree aggravated assault, N.J.S.A. 2C:39-4 and 2-6 (Count 4); third degree unlawful possession of a weapon, N.J.S.A. 2C:39-5b and 2-6 (Count 5); and third degree purchase of a firearm ... J.S.A. 2C:58-3a, 2C:39-10a and 2-6 (Count 6). After the appropriate mergers and dismissals, defendant ... Early Release Act, N.J.S.A. 2C:43-7.2, (NERA), and a concurrent term of ten years on Count ... denied , 519 U.S. 1021 , 117 S. Ct. 540 , 136 L. Ed.2d 424 (1996), in which the "Supreme Court ...

docket:	a5219-03
court:	njappellate
decided:	2006-12-22
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	77319

3317 ABRAHAM MEDINA et al. v. BRW LIMITED HOLDINGS, L.L.C. -- rank: 349

... his wife, per quod, Plaintiffs-Appellants, v. BRW LIMITED HOLDINGS, L.L.C., ERAN WAJSWOL, PHIL BUZZERIO, QUIL MANAGEMENT, T.C. DUNHAM ... 31, 2008 - Decided: Before Judges C.S. Fisher and C.L. Miniman. On appeal from the Superior Court of New Jersey, Law Division, Civil Part, Hudson County, Docket No. L-1436-05. Richard J. Villanova argued the cause for appellants ... N.J. Super. 457 , 462 (App. Div. 1999), certif. denied , 158 N.J. 685 (1999), was not followed, we reverse and ... a material fact was in dispute requiring a jury trial, (2) the landowner was liable as a matter of law, ( ...

docket:	a5831-06
court:	njappellate
decided:	2008-06-26
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	58998

3318 IN THE MATTER OF RICARDO MORA AND KELLI KENNY WATERFRONT DEVELOPMENT PERMIT NO. 1517-12-0005.1 WFD 160001, CHALLENGED BY JAMES BODENHEIMER -- rank: 349

... review and renumbered the remaining points accordingly. A-3381-17T4 2 II. THE ISSUANCE OF THE PERMIT . . . WAS IN DIRECT VIOLATION ... southerly neighbors, Paul and Wendy Rosen, owners of lot 26,2 similarly objected to the location and length of Mora/Kenny ... thirty] days' after publication of the decision 'in the DEP 2 The owners of lot 26 are Paul Rosen, Wendy Rosen ... adjudicative hearing.' To support the request, Kian submitted a March 2, 2016 soundings plan for Mora/Kenny's proposed dock prepared ... 267-foot dock with a four-foot by twenty-foot ''L' section at the waterward end.' The supporting engineering plan confirmed ... Shellfish Habitat Rule, N.J.A.C. 7:7-9.2, the A-3381-17T4 6 Submerged Vegetation Rule, N. ...

docket:	a3381-17
court:	NJ Superior Court Appellate Division
decided:	2019-10-30
status:	Unpublished
citation:
Document Size:	46984

3319 STATE OF NEW JERSEY v. MALVERN LEWIS -- rank: 349

... STATE OF NEW JERSEY, Plaintiff-Respondent/ Cross-Appellant, v. MALVERN L. LEWIS, Defendant-Appellant/ Cross-Respondent. ____________________________ Submitted: December 12, 2006 - Decided ... one cut penetrating the diaphragm and one penetrating the heart; (2) four stab wounds to the back, all near the heart ... them what happened and gave them defendant's description. At 2:00 p.m., May 7, defendant approached a Ewing police ... his guilt and his ability to assist in his defense; (2) to appreciate that the circumstances of the crime suggested mental ... have been clearly capable of producing an unjust result." R. 2:10-2. The trial judge believed that because the evidence of ...

docket:	A1391-03
court:	NJ Superior Court Appellate Division
decided:	2007-01-11
status:	published
citation:	389 N.J. Super. 409 913 A.2d 157
Document Size:	63472

3320 STATE OF NEW JERSEY v. YOON S. KWON -- rank: 349

... Neary, of counsel; Jane M. Personette, on the brief). John L. Molinelli, Bergen County Prosecutor, attorney for respondent (Catherine A. Foddai ... twenty-two counts, with first-degree kidnapping of Y.H.L., N.J.S.A. 2C:13-1b; second-degree aggravated assault of Y.H.L., N.J.S.A. 2C:12-1b(1); two counts ... of first-degree attempted aggravated sexual assault of Y.H.L., N.J.S.A. 2C:5-1 and 14-2a ... 39-4d; third-degree aggravated sexual contact of Y.H.L., N.J.S.A. 2C:14-3a; and other offenses ... and he would have no further contact with Y.H.L. Before the trial judge, Edward A. Jerejian, and represented ...

docket:	a4872-11
court:	NJ Superior Court Appellate Division
decided:	2013-10-16
status:	unpublished
citation:
Document Size:	17824

3321 DON CORSON CONSTRUCTION COMPANY, INC. v. ROBERT J. HREBEK -- rank: 349

... of New Jersey, Law Division, Monmouth County, Docket No. MON-L-1725-01. Mary O'Keefe Massey argued the cause for ... The expenses to date and the expected future expenses totaled $2,282,012.13. Plaintiff acknowledged that at the time of ... 2000, plaintiff issued a final bill for the project totaling $2,834,933, including the management fee. By that time, defendant had already paid $2,157,000. In addition, defendant paid two items directly: $100 ... value of the project as constructed was in excess of $2.9 million. He determined the reasonableness of the actual costs ... on "court documents," Cohen took the total facility cost of $2,098,500.08 for the house alone and the ...

docket:	a3463-05
court:	njappellate
decided:	2007-06-05
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	78833

3322 STATE OF NEW JERSEY v.. DIANE O'BRIEN -- rank: 349

... a crime is eligible for [the program]." State v. Caliguiri , 158 N.J. 28 , 35-36 (1999). However, because PTI is ... entitled to admission into the program. R. 3:28, Guideline 2. "[T]o reverse the denial of an application for PTI ... has previously received supervisory treatment under section 27 of P.L. 1970, c. 226 [ N.J.S.A. 24:21-27 ... contests his guilt of the charge or charges against him. 2 Rule 3:28, Guideline 3(g) provides in relevant part ... has previously received supervisory treatment under section 27 of P.L. 1970, c.226 [ N.J.S.A. 24:21-27 ... N.J. Super. 559 , 571 (App. Div. 2006) ("[T]he [l]egislative intent in enacting N.J.S.A. 2C: ...

docket:	a4190-09
court:	NJ Superior Court Appellate Division
decided:	2011-02-10
status:	published
citation:	418 N.J. Super. 428 14 A.3d 56
Document Size:	44956

3323 STATE OF NEW JERSEY v. RODNEY HAMB -- rank: 349

... Matthew Weng argued the cause for appellant (Chance and McCann, L.L.C., attorneys; Mr. Weng, on the brief). Meghan O. Price ... has been "seized" within the meaning of the Fourth Amendment 2 . State v. Baum , 199 N.J. 407 , 423 (2009); State ... U.S. at 20, 88 S. Ct. at 1879, 20 L. Ed. 2d at 905). A police officer who has lawfully stopped ... Alvardo , 541 U.S. 652 , 124,  S. Ct. 2140, 2149, 158 L. Ed.2d 938 , 951 (2004)), requiring a Miranda ...

docket:	a4493-12
court:	NJ Superior Court Appellate Division
decided:	2014-07-25
status:	unpublished
citation:
Document Size:	21308

3324 BRIAN SULLIVAN v. THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY -- rank: 349

... Court of New Jersey, Law Division, Hudson County, Docket No. L-2340-13. Donald F. Burke argued the cause for appellant ... statement of additional facts, as required by Rule 4:46-2(b). Plaintiff also did not file an affidavit or certification ... not made under appropriate point headings as required by Rule 2:6-2(a)(5) will not be considered on appeal), certif. granted ... the trial court." Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co. , 224 N.J. 189 , 199 (2016 ... matter of law." Id. at 179 (quoting R. 4:46-2(c)). "To defeat a motion for summary judgment, the ...

docket:	a3506-14
court:	NJ Superior Court Appellate Division
decided:	2017-03-15
status:	published
citation:	449 N.J.Super. 276 157 A.3d 451
Document Size:	40708

3325 JAMES J. POLIDORO v. MARIA R. ALVAREZ-PRIETO M.D. -- rank: 349

... Court of New Jersey, Law Division, Essex County, Docket No. L-2020-14. Robert E. Taylor, Jr., attorney for appellants; Jared ... initials in order to protect their privacy. A-5631-16T3 2 Initially, plaintiff received treatment for the aforementioned injuries by various ... contract' by Prieto, which should be heard by a jury; (2) 'the trial court based its decision [on] an incorrect burden ... trial court applies. Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co. of Pittsburgh, 224 N.J. 189, 199 (2016) (citing Mem'l Props., LLC v. Zurich Am. Ins. Co., 210 N.J ... or order as a matter of law.' R. 4:46- 2(c). Furthermore, '[a]n issue of fact is genuine ...

docket:	a5631-16
court:	NJ Superior Court Appellate Division
decided:	2019-02-01
status:	Unpublished
citation:
Document Size:	29477

3326 JAMES LOBIONDO, JR., et al. v. GRACE SCHWARTZ, et al. -- rank: 349

... Decided August 1, 2007 Before Judges Lintner, Seltzer and C.L. Miniman. On appeal from the Superior Court of New Jersey, Law Division, Monmouth County, L-7699-91. Ira Karasick and Joan Pransky argued the cause ... s ., Inc. , 160 N.J. 352 , 372 (1999); Manalapan Realty , L.P. v. Twp. Comm . of Manalapan , 140 N.J. 366 ... proof that: "(1) the suit was brought without probable cause, (2) it was actuated by malice, (3) it has been terminated ... of all the facts." Weinstein v. Klitch , 106 N.J.L. 408 , 409 (E. & A. 1929). The defense necessarily requires a ... of the advice of counsel defense. See Helstowski v. Greenberg , 2 N.J. Misc. 1094, 1096 (Sup. Ct. 1924) (untrue ...

docket:	a4325-04
court:	njappellate
decided:	2007-08-01
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	61653

3327 ARTHUR G. MONTO, JR v. BOARD OF TRUSTEES POLICE AND FIREMEN'S RETIREMENT SYSTEM -- rank: 349

... sum of $700,000 in compensatory damages for emotional distress." 2 The trial judge reassembled the jury on June 3, 2010 ... 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 ... not entitled to judicial deference and must be set aside. L.M. v. Div. of Med. Assistance & Health Servs. , 140 N ... simply rubber-stamp an agency's decision. In re Taylor , 158 N.J. 644 , 657 (1999). We are mindful that ...

docket:	a3854-11
court:	NJ Superior Court Appellate Division
decided:	2014-05-21
status:	unpublished
citation:
Document Size:	42636

3328 STATE OF NEW JERSEY v. J.R -- rank: 349

... sexual assault, contrary to N.J.S.A. 2C:14-2(c)(1), and one count of fourth-degree criminal sexual ... 1 We affirm. I. Defendant is the father of Wanda, 2 who was born in Honduras. When Wanda was three years ... arrested defendant after he returned. Defendant was indicted on May 2, 2008. He was tried before a jury over the course ... Early Release Act, N.J.S.A. 2C:43-7.2, for the sexual assault, and to one year of imprisonment ... A High Risk Of Undue Prejudice. 1. Inflammatory background evidence. 2. Inflammatory victim-impact evidence. B. The Probative Value Of [Wanda ... misconduct under the plain error rule. See R. 1:7-2; R. 2:10-2; see also State v. Macon , ...

docket:	a0145-10
court:	NJ Superior Court Appellate Division
decided:	2012-04-03
status:	unpublished
citation:
Document Size:	44046

3329 STATE OF NEW JERSEY v. DOUGLAS B. HANNA -- rank: 349

... No. 030-09. John Menzel, attorney for appellant. Theodore F. L. Housel, Atlantic County Prosecutor, attorney for respondent (Jack J. Lipari ... J. 54 , 65, cert. denied , __ U.S. __, 129 S. Ct. 158 , 172 L. Ed.2d 41 (2008); see also State v. Mustaro , 411 N ... Medical Center, Mainland Division. Defendant arrived at the hospital at 2:02 p.m. Romantino immediately met defendant in the emergency ... J. Super. 427 , 434 (App. Div. 2002) (citing Manalapan Realty, L.P. v. Twp. Comm. Of Manalapan , 140 N.J. ...

docket:	a5256-08
court:	superior court appellate division
decided:	2010-03-12
status:	unpublished
citation:
Document Size:	54940

3330 State v. Bunch -- rank: 346

... is inconsistent with ours, we overrule Moore . (Pp.9-15) 2. The jury instruction on second-degree eluding was not erroneous ... will consider his claim under the plain-error standard. R. 2:10-2; State v. Afanador , 151 N.J. 41 , 54 (1997). Under ... 417 , 446 (2002) (quoting State v. Martin , 119 N.J. 2 , 15 (1990)). We, therefore, address the trial court's charge ... among the group's members. Webster's Third New Intern'l Dictionary 97 (1971). When "any" is used in conjunction with ... J.S.A. 2C:12-1.2a, 2C:12-2b(2), 2C:13-5a(3), 2C:21-16, 2C:27- ...

docket:	a-21-03
court:
decided:	2004-08-03
status:
citation:	180 N.J. 534 853 A.2d 238
Document Size:	83859