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3421 STATE OF NEW JERSEY v. YVONNE JEANNOTTE- RODRIGUEZ, -- rank: 341

... delivered by OSTRER, P.J.A.D. A-4361-19 2 In these three appeals, consolidated for our opinion, the State ... health care claims fraud, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:21-4.2 (count three). About a year later, the trial court dismissed ... Dr. Ferraro's unique identification number. One patient, A.A., 2 told Patterson that she believed Rodriguez was a doctor, and ... manager. Galvan stated Rodriguez worked as a medical assistant; 'she 2 We use initials to protect the patients' privacy. R. 1 ... health care claims fraud, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:21-4.3 ( ...

docket:	a4361-19
court:	NJ Superior Court Appellate Division
decided:	2021-08-25
status:	Published
citation:
Document Size:	82134

3422 DANA RUSIN v. CHRISTOPHER DINAPOLI -- rank: 341

... and ALLSTATE NEW JERSEY INSURANCE COMPANY. Defendant. _________________________________________________ Argued telephonically September 2, 2008 - Decided Before Judges Payne and Alvarez. On appeal from Superior Court of New Jersey, Law Division, Camden County, L-272-06. Anthony Granato argued the cause for appellants (Jarve ... respondent (Melli, Guerin & Wall, attorneys; Ms. Wall, of counsel; Jennifer L. Sanyshyn, on the brief). PER CURIAM Appellants, Dana Rusin and ... be substituted as the party defendant. By letter dated July 2, 2007, the parties were informed: It is the position of ... 153 N.J. 298 , 316 (1998), modified on other grounds , 158 N.J. 681 (1999), and has been replaced by a ... Erwin , 484 U.S. 292 , 108 S . Ct. 580, 98 L. Ed.2d 619 . . . (1988), which held that a federal ...

docket:	a1528-07
court:	NJ Superior Court Appellate Division
decided:	2008-09-16
status:	unpublished
citation:	197 N.J. 14 960 A.2d 743
Document Size:	45470

3423 STATE OF NEW JERSEY v. LEON LOWERY -- rank: 341

... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984); State v. Fritz , 105 N.J ... not be granted." State v. Marshall , 148 N.J. 89 , 158, cert. denied , 522 U.S. 850 , 118 S. Ct. 140 , 139 L. Ed.2d 88 (1997) (internal citations omitted). Defendant maintains he was ... suppress the black hat and drugs found inside the hat; (2) object to the prosecutor's closing argument; (3) argue ...

docket:	A0130-06
court:	NJ Superior Court Appellate Division
decided:	2007-11-23
status:	unpublished
citation:
Document Size:	61214

3424 /usr/local/share/www/libweb/collections/courts/appellate/a0211-12a3356-13.opn.html -- rank: 341

... H. Park, Acting Union County Prosecutor, attorney for respondent (Kimberly L. Donnelly, Special Deputy Attorney General/Acting Assistant Prosecutor, of counsel ... to judge the evidence fairly and impartially. I On April 2, 2009, a Union County Grand Jury returned Indictment No. 09 ... with first degree carjacking, N.J.S.A. 2C:15-2, first degree armed robbery, N.J.S.A. 2C:15 ... police officers, N.J.S.A. 2C:12-1b(9), 2 and fourth degree possession of prohibited ammunition under N.J ... Release Act (NERA), N.J.S.A. 2C:43-7.2. The court sentenced Smith to serve an aggregate term of ... presented at trial. II On December 11, 2008, at approximately 2:20 p.m., Evelyn Arroyo-Maultsby was inside her ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	112767

3425 KENNETH STATTEL v. MAYOR AND TOWNSHIP COUNCIL OF THE TOWNSHIP OF MARLBORO -- rank: 341

... Court of New Jersey, Law Division, Burlington County, Docket No. L-1906-07. Francis C. Accisano argued the cause for appellants ... 207, which consist of approximately seventy-eight acres (the Property). 2 Prior to the adoption of the Ordinance, the two parcels ... administrative remedies after more than five years of litigation and (2) administrative review would have been futile. We have reviewed the ... 5 excuses exhaustion where: (1) "administrative review will be futile[;]" (2) "there is a need for prompt decision in the public ... U.S. 606 , 620, 121 S. Ct. 2448, 2459, 150 L. Ed.2d 592, 609 (2001); OFP, L.L.C. v. ...

docket:	a2679-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-15
status:	unpublished
citation:
Document Size:	23706

3426 DANA S. REGISTER v. NEW JERSEY DEPARTMENT OF CORRECTIONS and LEON WILLIAMS -- rank: 341

... Court of New Jersey, Law Division, Hunterdon County, Docket No. L-0303-16. Luretha M. Stribling argued the cause for appellant ... of Am., 142 N.J. 520, 540 (1995). On December 2, 2013, plaintiff, a Department of Corrections (DOC) employee, was terminated ... that plaintiff was properly terminated and that A-4722-16T1 2 she 'participated in a highly inappropriate relationship with an inmate ... two years of her termination, plaintiff timely filed a complaint,2 as a self-represented litigant, in the Law Division, asserting ... Notice of Disciplinary Action (PNDA), and later terminated on December 2, 2013, pursuant to a Final Notice of Disciplinary Action (FNDA ... 13 (App. Div. Apr. 12, 2016) (slip op. at 12). 2 The initial complaint was filed on October 9, 2015. ...

docket:	a4722-16
court:	NJ Superior Court Appellate Division
decided:	2019-01-28
status:	Unpublished
citation:
Document Size:	31241

3427 TODD GOURLEY v. TOWNSHIP OF MONROE -- rank: 341

... Ctr. v. Felicissimo , 135 N.J. 126, 137 (1994); Nat'l Starch & Chem. Corp. v. Parker Chem. Corp. , 219 N.J. Super. 158 , 162 (App. Div. 1987). "Judicial abuse of discretion is tantamount ... Higgins v. Polk , 14 N.J. 490 , 493 (1954); R. 2:10-2), aff’d in part , 183 N.J. 36 (2005). "The ... 1) whether an injunction is "necessary to prevent irreparable harm"; (2) whether "the legal right underlying [the applicant's] claim is ... or order as a matter of law." R. 4:46-2(c); see also Brill v. Guardian Life Ins. Co. ...

docket:	a1595-11
court:	NJ Superior Court Appellate Division
decided:	2013-01-08
status:	unpublished
citation:
Document Size:	35077

3428 FRANCES PARKER v. JOHN W. POOLE, M.D. -- rank: 341

... ————————— March 2, 2015 Before Judges Yannotti, Hoffman and Whipple. On appeal from ... Court of New Jersey, Law Division, Bergen County, Docket No. L-7098-09. Dennis T. Smith argued the cause for appellant ... by defendant revealed that Mr. Parker had developed a dehiscence. 2 Based on the risk of the incision re-opening, defendant ... have been clearly capable of producing an unjust result[.]" R. 2:10-2. A. We first address the trial court's comments suggesting ... the Federal Rules of Evidence . F.R.E. 801(d)(2)(A) is the parallel provision to our N.J. ...

docket:	a1874-12
court:	NJ Superior Court Appellate Division
decided:	2015-03-02
status:	unpublished
citation:	440 N.J.Super. 7 111 A.3d 101
Document Size:	48192

3429 DIVISION OF YOUTH AND FAMILY SERVICES v. N.M IN THE MATTER OF J.K JR., and JO.K., minors -- rank: 341

... Defendant N.M., the mother of J.K., Jr. ("James"), 2 appeals the trial court's determination after a fact-finding ... his usual bottle that day. James eventually fell asleep around 2:00 p.m. that afternoon. Around the same time, defendant ... child. N.J. Dep't of Children & Families v. A.L. , 213 N.J. 1 , 18 (2013). An overarching purpose of ... admitted. N.J.S.A. 9:6-8.46(b)(2). If the court finds abuse or neglect, it may order ... services to protect the child and rehabilitate family life. A.L. , supra , 213 N.J. at 19 (citing N.J.S ... v. Washington , 541 U.S. 36 , 124 S. Ct. 1354 , 158 L. Ed.2d 177 (2009). Moreover, the focus of ...

docket:	a5808-11
court:	New Jersey Superior Court Appellate Division
decided:	2013-05-10
status:	Published
citation:
Document Size:	50188

3430 STATE OF NEW JERSEY v. ODELL M. ROY -- rank: 341

... third-degree resisting arrest, N.J.S.A. 2C:29-2(a)(3), and third-degree aggravated assault-bodily injury, N ... for impeachment purposes at the discretion of the trial court. 2 State v. Hamilton , 193 N.J. 255 , 256 (2008); Sands ... to the scope of the evidence presented." State v. Frost , 158 N.J. 76, 82 (1999); see also State v. Harris ... denied , 552 U.S. 1146 , 128 S. Ct. 1074 , 169 L. Ed.2d 817 (2008) (quoting State v. R.B. , 183 N ... it is "clearly capable of producing an unjust result." R. 2:10-2; State v. Macon , 57 N.J. 325, ...

docket:	a3246-13
court:	NJ Superior Court Appellate Division
decided:	2016-05-23
status:	unpublished
citation:
Document Size:	45151

3431 STATE OF NEW JERSEY v. MARIBEL AGUILAR -- rank: 341

... sufficient merit to warrant discussion in a written opinion, R. 2:11-3(e)(2), beyond the following brief comments. In denying the motion, the ... forth in State v. Slater , 198 N.J. 145, 157-158 (2009): (1) whether the defendant has asserted a colorable claim of innocence; (2) the nature and strength of defendant's reasons for withdrawal ... must meet the two-prong test of establishing both that: (l) counsel's performance was deficient and he or she made ... by the Sixth Amendment to the United States Constitution; and (2) the defect in performance prejudiced defendant's rights to ...

docket:	a0073-09
court:	superior court appellate division
decided:	2010-10-19
status:	unpublished
citation:
Document Size:	14323

3432 STATE OF NEW JERSEY v. VICTOR NORWOOD -- rank: 341

... counts: second-degree eluding, N.J.S.A. 2C:29-2(b), and fourth-degree resisting arrest, N.J.S.A. 2C:29-2(a)(2). A jury convicted him of both charges in April 2012 ... a marked police cruiser during the overnight shift. At approximately 2:40 a.m., he saw a silver Chrysler sedan one ... error is "clearly capable of producing an unjust result." R. 2:10-2. Having considered defendant's arguments and the State's ...

docket:	a1326-12
court:	NJ Superior Court Appellate Division
decided:	2015-05-01
status:	unpublished
citation:
Document Size:	37187

3433 JAMES D. FOX v. THE TAUBMAN COMPANY -- rank: 341

... the Superior Court of New Jersey, Law Division, Union County, L-2731-02. James D. Fox, appellant, argued the cause pro ... Plaintiff James D. Fox appeals pro se from a May 2, 2006 order granting the motion made by defendant The Taubman ... trial to dismiss the complaint pursuant to R. 4:37-2. After reviewing the record in light of applicable law and ... to trial before a jury on May 1 and May 2, 2006. Plaintiff presented the testimony of five witnesses: Alexander Lisse ... allow a rational jury to conclude in favor of plaintiff; (2) that the trial court erroneously exceeded its authority and overturned ... the worth or import of the evidence. Rule 4:37-2(b), which governs the dismissal of a claim at ...

docket:	a5713-05
court:	njappellate
decided:	2008-03-27
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	51285

3434 DCPP VS. M.B., C.A.M., AND A.M., IN THE MATTER OF R.M., S.M., AND A.M. -- rank: 341

... record. R. 1:38-3(d)(12). A-2020-22 2 Florida 2 Maisie, Caden, and the three children lived together in an ... summer.' When asked what happens when she goes into the 2 No findings were made against Maise or A.M. and ... to the police station tomorrow to say it never happen[ed].' A caseworker responded to the school to interview Stella. Stella ... 11 proceeding.' N.J. Div. of Youth & Fam. Servs. v. L.L., 201 N.J. 210, 226-27 (2010) (alteration in ...

docket:	a2020-22
court:	appellate
decided:	2024-06-27
status:	Unpublished
citation:
Document Size:	29918

3435 PARK CENTER AT ROUTE 35, INC v. THE ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF WOODBRIDGE -- rank: 341

... Court of New Jersey, Law Division, Middlesex County, Docket No. L-4733-02. Patrick J. Spina argued the cause for appellant ... the site plan and appealing the Board's denial constitut[ed] a breach of the [A]greement between [plaintiff] and Nepo ... of witnesses, or make conclusions about the evidence.'" Mountain Hill, L.L.C. v. Twp . of Middletown , 399 N.J. Super. 486 ... are not entitled to any special deference." Manala pan Realty, L.P. v. Twp. Comm. , 140 N.J. 366 , 378 (1995 ... effectuate the stated purpose, the Agreement provided that plaintiff "grant[ed] and convey[ed]" to Nepo a non-exclusive, continuous ...

docket:	a5351-07
court:	superior court appellate division
decided:	2009-07-31
status:	unpublished
citation:
Document Size:	48072