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3346 PATRICIA TOSCANO v. BOARD OF TRUSTEES PUBLIC EMPLOYEES RETIREMENT SYSTEM -- rank: 346

... the denial of accidental disability retirement benefits. A-0861-20 2 verbally or physically. In October 2013, Toscano was assigned to ... Toscano to fall. She landed on her left side, 'black[ed] out,' and 'saw . . . black and stars.'2 Toscano experienced 'agonizing pain' in her left arm, fractured her ... Erin Elmore, who was provided by the workers' compensation carrier. 2 The medical records showed conflicting information regarding whether Toscano lost ... slightly exaggerated and atypical responses.' Dr. Tennyson issued a January 2, 2014 report. She diagnosed Toscano with post-concussion syndrome and ... and persistent thoughts about the seriousness of one's symptoms. 2. Persistently high level of anxiety about health or symptoms. ...

docket:	a0861-20
court:	NJ Superior Court Appellate Division
decided:	2022-05-09
status:	Unpublished
citation:
Document Size:	60233

3347 STATE OF NEW JERSEY v. R.W. -- rank: 346

... when he took R.G. to his home after school; (2) counsel did not present character witnesses at trial to bolster ... U.S. 668, 687, 104 S. Ct. 2052, 2064, 80 L. Ed. 2d 674, 693 (1984), and United States v. Cronic , 466 ... 648, 657-58, 104 S. Ct. 2039, 2046-47, 80 L. Ed. 2d 657, 667-68 (1984), which the Supreme Court of ... U.S. at 687, 104 S. Ct. at 2064, 80 L. Ed. 2d at 693). In evaluating defendant's claim, ...

docket:	a4548-05
court:	njappellate
decided:	2007-05-29
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	43827

3348 STATE OF NEW JERSEY v. JONATHAN A. BLACK -- rank: 346

... purpose, 440 U.S. 648 , 99 S. Ct. 1391 , 59 L. Ed.2d 660 (1979). The judge then found the search of ... Ohio , 392 U.S. 1 , 88 S. Ct. 1868 , 20 L. Ed.2d 889 (1968). In finding reasonable suspicion that defendants were ... had been sighted at the location of an armed robbery; (2) the two front-seat passengers were wearing clothing that matched ... membership, who was removed from the vehicle. Arizona v. Johnson , 2 009 U.S. Lexis 868 (January 26, 2009). Although ...

docket:	a0224-06
court:	NJ Superior Court Appellate Division
decided:	2009-02-13
status:	unpublished
citation:
Document Size:	27016

3349 STATE OF NEW JERSEY v. ARTHUR TIGGS -- rank: 346

... degree murder, N.J.S.A. 2C:11-3a(1)-(2); third-degree unlawful possession of a handgun, N.J.S ... Early Release Act, N.J.S.A. 2C:43-7.2. On direct appeal, defendant raised three issues: I. THE TRIAL ... had gone to celebrate his birthday between 1:00 and 2:00 a.m. at a party arranged by the owners ... 668 , 689, 694, 104 S. Ct. 2052 , 2065, 2068, 80 L. Ed.2d 674 , 694, 698 (1984)). An evidentiary hearing is needed ... U.S. at 691, 104 S. Ct. at 2066, 80 L. Ed 2 d at 695)). As we understand the ...

docket:	a1041-12
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	24185

3350 Konzelman v. Konzelman -- rank: 346

... 5.1 Version This case can also be found at 158 N.J. 185. SYLLABUS (This syllabus is not part of ... their continued enforcement unfair, unjust and inequitable. (pp. 5-8) 2. The primary purpose of alimony is to permit the spouse ... evening, nighttime, and early morning hours. Mr. Konzelman also hired L.S. Stephens, Inc., a private investigation agency, to overlap with ... 750 ; Bergman , supra , 487 S.E. 2d at 267; Gertrude L.Q. v. Stephen P.Q. , 466 A.2d 1213 (Del ... stressed by the dissenting opinion, post at __ (slip op. at 2-3), may arise not only from economic dependence but also ... A Word of Caution on Contractual Freedom , 132 U. Pa. L. Rev. 1399, 1405 (1984). For that reason, it is ...

docket:	a-189-97
court:	njsupreme
decided:	1999-05-12
status:
citation:	158 N.J. 185
Document Size:	67342

3351 NEW JERSEY HOSPICE AND PALLIATIVE CARE ORGANIZATION v. JOHN GUHL -- rank: 346

... regulation, which is N.J.A.C. 10:53A-4.2(c)(1)(i), was originally adopted by DMAHS in 1992 ... Following adoption of N.J.A.C. 10:53A-4.2(c)(1)(i), the State Medicaid plans submitted to and ... added.] Even though N.J.A.C. 10:53A-4.2(c)(1)(i) and the State Medicaid plans approved by ... in conformity with N.J.A.C. 10:53A-4.2(c)(1)(i) and the State Medicaid plan. In addition ... the validity of N.J.A.C. 10:53A-4.2(c)(1)(i) and that the Director of DMAHS's ... the validity of N.J.A.C. 10:53A-4.2(c)(1)(i) and the part of the State ...

docket:	a5548-08
court:	superior court appellate division
decided:	2010-07-08
status:	published
citation:	414 N.J. Super. 42 997 A.2d 298
Document Size:	60890

3352 STATE OF NEW JERSEY v. RONALD BURNS -- rank: 346

... March 7, 2006 - Decided Before Judges Coburn, Lisa and S.L. Reisner. On Appeal from the Superior Court of New Jersey ... U.S. 415 , 420, 85 S. Ct. 1074 , 1077, 13 L. Ed.2d 934 , 938 (1965). In all the cases cited by ... 179 , 186-87, 83 S. Ct. 1151 , 1154-55, 10 L. Ed.2d 278 , 283-84 (1963), we will reverse even when ... series of questions, but when the prosecutor asked, "You talk[ed] to the police about things that Black said in ...

docket:	a6273-01
court:	njappellate
decided:	2006-05-11
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	134254

3353 STATE OF NEW JERSEY v. EARL SMITH -- rank: 346

... degree, 384 U.S. 436, 86 S. Ct. 1602 , 16 L. Ed.2d 694 (1966). Defendant told Detective Mendez that Williams had ... U.S. 171 , 175, 111 S. Ct. 2204 , 2207, 115 L. Ed.2d 158 , 166-67 (1991) (explaining that the Sixth Amendment right to ... was sufficiently prejudicial to satisfy the plain error standard. R. 2:10-2. In support of his position, defendant relies ...

docket:	a1064-04
court:	NJ Superior Court Appellate Division
decided:	2009-07-17
status:	unpublished
citation:
Document Size:	76153

3354 ESTATE OF EMANUEL NEEDLE v. BYRAM COVE, INC -- rank: 346

... Court of New Jersey, Law Division, Essex County, Docket Nos. L-7429-05, L-1125-06 and DC-31239-05. Daniel B. Needle argued ... in the record, and the damages were increased to $86,158.25. We can only assume that the increased amount represented ... raises issues as to plaintiff's substitution as a party 2 as well as defendant's entitlement to fees. In addition ... and we need not comment further on the issue. R. 2:11-3(e)(1)(E). Our remand was limited to ... and the skill requisite to perform the legal service properly ; (2) the likelihood, if apparent to the client, that the ...

docket:	a5792-10
court:	NJ Superior Court Appellate Division
decided:	2012-04-24
status:	unpublished
citation:
Document Size:	32680

3355 STATE OF NEW JERSEY v. ALLISON MUELLER -- rank: 346

... facts are not entitled to any special deference. Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. 366 ... 65, cert. denied , 555 U.S. 825 , 129 S. Ct. 158 , 172 L. Ed.2d 41 (2008), the Court held that the Alcotest is ... in working order and had been inspected according to procedure; (2) the operator was certified; and (3) the test was administered ... and the credentials of the coordinator who performed the calibration; (2) the most recent new standard solution report prior to ...

docket:	a2838-12
court:	NJ Superior Court Appellate Division
decided:	2014-02-14
status:	unpublished
citation:
Document Size:	18767

3356 STATE OF NEW JERSEY v. WEEDJY J. MILIEN -- rank: 346

... b), and resisting arrest, N.J.S.A. 2C:29-2(a)(1). The jury acquitted defendant of multiple robbery charges ... carry a mandatory minimum term of imprisonment. A-4875-18 2 I. We briefly summarize the facts that were adduced at ... men walking near Colgate Park. The manager called the police. 2 He provided the following description of the two men: (1) two black males, (2) both wearing white t-shirts, (3) the man with the ... on, (4) the other man was wearing khaki shorts. The 2 The conversation with the 9-1-1 operator suggests that ... to commit a robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1; (2) ...

docket:	a4875-18
court:	NJ Superior Court Appellate Division
decided:	2022-02-25
status:	Unpublished
citation:
Document Size:	58762

3357 JOCKEYS' GUILD, INC v. NEW JERSEY RACING COMMISSION - -- rank: 346

... Del Pizzo and Michael J. Jones, on the briefs). Dominic L. Giova, Deputy Attorney General, argued the cause for respondent (Andrew ... and their dependents based upon reasonable criteria.' A-0651-20 2 of the new regulation and the Commission appropriately considered the ... as written with an effective date of October 19, 2020.2 As already noted, on appeal, the Guild contends the amendment ... J. Super. 187, 199 (App. Div. 2016) (alteration in original) 2 The Commission agreed not to enforce the new regulations until ... 0651-20 4 (quoting Ross v. Miller, 115 N.J.L. 61, 63 (Sup. Ct. 1935)). '[A]ny position left vacant ... State League of Muns. v. Dep't of Cmty. Affairs, 158 N.J. 211, 222 (1999). That burden may be ...

docket:	a0651-20
court:	NJ Superior Court Appellate Division
decided:	2022-04-13
status:	Unpublished
citation:
Document Size:	38459

3358 State of New Jersey v. Albert Frost and Barry Frost -- rank: 346

... 5.1 Version This case can also be found at 158 N.J. 76. SYLLABUS (This syllabus is not part of ... whether defense counsel made timely objections to the improper remarks; 2) whether the remarks were withdrawn promptly; and 3) whether the ... and instructed the jury to disregard them. (pp. 7-12) 2. The prosecutor's comments regarding the "buy money" were highly ... for respondent ( Patricia A. Hurt, Essex County Prosecutor, attorney). Debra L. Stone , Assistant Attorney General, argued the cause for amicus curiae ... for conspiracy, contrary to N.J.S.A. 2C:5-2 (count one); possession of cocaine, contrary to N.J.S ... U.S. 78 , 88, 55 S. Ct. 629 , 633, 79 L. Ed. 1314 , 1321 (1935)).     Thus, this Court has held ...

docket:	a-181-97
court:	njsupreme
decided:	1999-04-15
status:
citation:	158 N.J. 76
Document Size:	36387

3359 TOWNSHIP OF WYCKOFF v. PBA LOCAL 261 -- rank: 346

... Court of New Jersey, Law Division, Bergen County, Docket No. L-7003-06. D. John McAusland argued the cause for appellant ... Oxfeld Cohen, P.C., attorneys; Mr. Oxfeld, of counsel; Jennifer L. Gottschalk, on the brief). Raymond R. Wiss argued the cause ... resulting in a report delivered in December 2005. On November 2, 2005, Groslinger and the PBA signed an agreement with Ydo ... to a physical when the sick leave extends beyond two (2) days. Preservation of Benefits, 37.02 The Employer agrees that ... Chief Ydo. As a procedural matter, counsel for the PBA 2 conceded that, because the matter was proceeding in a summary ... of promoting speedy, efficient, and inexpensive resolution of labor grievances; (2) it would be inconsistent to accord deference to the ...

docket:	a2527-07
court:	New Jersey Superior Court Appellate Division
decided:	2009-08-26
status:	published
citation:	409 N.J.Super. 344 976 A.2d 1136
Document Size:	41963

3360 DAVID HORSNALL v. WASHINGTON TOWNSHIP (MERCER COUNTY) DIVISION OF FIRE -- rank: 346

... Court of New Jersey, Law Division, Mercer County, Docket No. L-418-07. Eric L. Harrison argued the cause for appellants/cross-respondents (Methfessel & Werbel ... exception: "[C]ases involving (1) important and novel constitutional questions; (2) informal or ex parte determinations of legal questions by administrative ... 564 , 576-77, 92 S. Ct. 2701 , 2708-09, 33 L. Ed.2d 548 , 560-61 (1972); Battaglia v. Union Cty. Welfare ... denied , 456 U.S. 965 , 102 S. Ct. 2045 , 72 L. Ed.2d 490 (1982))). The protection or challenge to ...

docket:	a0655-07
court:	NJ Superior Court Appellate Division
decided:	2009-02-24
status:	published
citation:	405 N.J.Super. 304 964 A.2d 341
Document Size:	97508