Search Rutgers Law Library N.J. Court Opinions

3586 STATE OF NEW JERSEY v. DIEDRA DENIERE CLARKE -- rank: 330

... Lenerice Robinson (Patricia Nichols, Designated Counsel, on the brief). John L. Molinelli, Bergen County Prosecutor, attorney for respondent State of New ... marijuana, with intent to distribute, N.J.S.A. 2C:2-6, N.J.S.A. 2C:2-6 (Count Two). On May 6, 2003, their motion to ... at the motel but remained out of sight. At approximately 2:30 a.m., a red Dodge with Ohio plates pulled ... court's attention, unless the appellant shows plain error. R. 2:10-2. Plain error is error "clearly capable of producing an ...

docket:	A0599-03
court:	NJ Superior Court Appellate Division
decided:	2006-02-07
status:	unpublished
citation:
Document Size:	61890

3587 Sheila Henderson v. Camden County Municipal Utility Authority -- rank: 330

... at the rate of 1˝% per month. (pp. 3-4) 2. If conflicting interpretations of a statute are plausible, a reviewing ... on the unpaid balance at the rate of 1 1/2% per month until such service charge, and the interest thereon ... the previously accumulated interest,” Black’s Law Dictionary , 817 (7th ed. 1999), at the rate of 1 1/2% per month on the sum of any outstanding service charges ... S.A. 40:14B-41 from 1% to 1 1/2% per month. The Assembly Sponsors’ Statement referred only to an ... interest. Sponsors’ Statement , Assembly Bill No. 855 (Feb. 4, 1980); L. 1981, c. 530. Moreover, the Governor’s Statement in ...

docket:	a-19-02
court:	njsupreme
decided:	2003-07-08
status:
citation:	176 N.J. 554
Document Size:	44659

3588 D.M v. N.M. -- rank: 330

... grandchildren for failure to state a claim. Rule 4:6-2(e). The grandparents, Andrew and Donna, 1 requested court-ordered ... the Grandparent Visitation Statute, (GVS), N.J.S.A. 9:2-7.1. After reviewing the record in light of the ... approach of the house as a violation of the FRO. 2 A few days after this incident, Natalie moved to terminate ... of dismissal of a complaint pursuant to Rule 4:6-2(e) for failure to state a claim upon which relief ... as the motion judge and grant a Rule 4:6-2(e) motion to dismiss "only if, accepting all well-pleaded ... not entitled to any special deference" on appeal. Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. ...

docket:	a0834-10
court:	NJ Superior Court Appellate Division
decided:	2011-07-12
status:	unpublished
citation:
Document Size:	28428

3589 DAVID ANDERSON v. MELISSA ANDERSON -- rank: 330

... their daughter' and would 'make all significant decisions that affect[ed their daughter] after consultation between them.' The consent judgment also ... attained multiple advanced degrees, and defendant gaining A-0922-17T3 2 employment as a concert cellist. In 2008, they bought a ... 2A:34-23(j)(1). A-0922-17T3 10 Subsection (2) addresses situations '[w]here the obligor seeks to retire prior ... retirement age[.]' N.J.S.A. 2A:34-23(j)(2).2 The trial judge did not consider the statute because it ... subsection (j) did not apply. We know of no authority 2 'Full retirement age' is defined as 'the age at ...

docket:	a0922-17
court:	NJ Superior Court Appellate Division
decided:	2020-05-28
status:	Unpublished
citation:
Document Size:	50092

3590 /usr/local/share/www/libweb/collections/courts/appellate/a4352-13.opn.html -- rank: 330

... Telecommunications Act of 1992 (TCA), N.J.S.A. 48:2-21.16 to -21.21, and due process in general ... Tel. Co. , 291 N.J. Super. 77 (App. Div. 1996). 2 3 By 2012 , Verizon had completed 99.4% of its ... Counsel, and Verizon. The Board found the comments generally reflect[ed] misunderstandings regarding ONJ and the stipulation; a misinterpretation of ONJ ... a financial benefit to Verizon regarding the deployment of ONJ; 2) the definition of broadband in the stipulation requiring a minimum ... an agency hearing . . ." See N.J.S.A. 52:14B-2(b). The Board is also aware that the [APA (citation ... denied , 534 U.S. 813 , 122 S. Ct. 37 , 151 L. Ed.2d 11 (2001) [(citation omitted)]. Also, "[i]t ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	37248

3591 D.W - v. DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES - -- rank: 330

... DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES, Respondent-Respondent. _________________________________ December 2, 2015 Submitted November 2, 2015 – Decided Before Judges Accurso and Suter. On appeal ... respondent (Melissa H. Raksa, Assistant Attorney General, of counsel; Jennifer L. Finkel, Deputy Attorney General, on the brief). PER CURIAM D ... requirements, see N.J.S.A. 30:4-25.9a(2); N.J.A.C. 10:46-1.1(b), he ... the Special Needs Trust Guidelines in accordance with Medicaid regulations." 2 D.W. requested a fair hearing, and DMAHS transmitted the ... quoting Mistrick v. Div. of Med. Assist. , 154 N.J. 158 , 165 (1998)), certif. denied , 182 N.J. 425 (2005); ...

docket:	a2092-13
court:	NJ Superior Court Appellate Division
decided:	2015-02-02
status:	unpublished
citation:
Document Size:	15672

3592 N.M v. A.M -- rank: 330

... grandchildren for failure to state a claim. Rule 4:6-2(e). The grandparents, Andrew and Donna, 1 requested court-ordered ... the Grandparent Visitation Statute, (GVS), N.J.S.A. 9:2-7.1. After reviewing the record in light of the ... approach of the house as a violation of the FRO. 2 A few days after this incident, Natalie moved to terminate ... of dismissal of a complaint pursuant to Rule 4:6-2(e) for failure to state a claim upon which relief ... as the motion judge and grant a Rule 4:6-2(e) motion to dismiss "only if, accepting all well-pleaded ... not entitled to any special deference" on appeal. Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. ...

docket:	a1030-10
court:	NJ Superior Court Appellate Division
decided:	2011-07-12
status:	unpublished
citation:
Document Size:	28429

3593 STATE OF NEW JERSEY v. JOSEPH R. RIOS -- rank: 330

... with third-degree burglary, N.J.S.A. 2C:18-2(a)(1); third- degree attempted theft by unlawful taking, N ... resisting arrest by flight, N.J.S.A. 2C:29-2(a)(2); and fourth-degree criminal mischief, N.J.S.A. 2C ... unlawful taking, and an amended charge of fourth-degree hindering.2 The State called four witnesses: the resident of an apartment ... Ferrer, No. A-2474-15 (App. Div. Aug. 21, 2017). 2 The charge of criminal mischief was dismissed by the prosecutor ... arrest by flight was dismissed by the court during trial. 2 A-1968-15T2 McLaverty; and Palmyra Detective Shawn Benedict. ...

docket:	a1968-15
court:	NJ Superior Court Appellate Division
decided:	2018-05-25
status:	unpublished
citation:
Document Size:	82665

3594 STATE OF NEW JERSEY v. JUAN CARLOS MELENDRES -- rank: 330

... Camelia M. Valdes, Passaic County Prosecutor, attorney for respondent (Leandra L. Cilindrello, Assistant Prosecutor, of counsel and on the brief). PER ... responses on his plea forms, including his A-3712-20 2 affirmative answer to question seventeen in which he confirmed he ... that conviction. See 8 U.S.C.A. 1227(a)(2)(A)(i)(1).1 He specifically stated his: Former counsel ... not be deported. 1 U.S.C.A. 1227(a)(2)(A)(i)(1) places within the class of deportable aliens ... 12(a)(1)(A) as his belated filing was excusable.2 In the alternative, he argued his petition was not time ... petition—his January 2020 arrest. R. 3:22-12(a)(2)(B). In his counseled brief, defendant also argued: (1) ...

docket:	a3712-20
court:	NJ Superior Court Appellate Division
decided:	2023-06-07
status:	Unpublished
citation:
Document Size:	33962

3595 NEW JERSEY STATE POLICE v. TROOPER I MICHELE GARITTA -- rank: 330

... bitch wife to take the cut-off shorts home,' or '[l]eave the cut-off shorts at home.'" At that point ... 2013, over fourteen months after the August 17, 2012 incident, 2 the NJSP Superintendent charged appellant with: Violation of Article V ... is neglect of duty. The specification for this charge stated: 2 On August 17 , 2012, while off-duty, [appellant] acted to ... a police officer." Therefore, the ALJ concluded that appellant "neglect[ed] her duty by failing to show the badge and use ... 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. State of N.J., Div. of Med. ...

docket:	a1929-14
court:	NJ Superior Court Appellate Division
decided:	2016-02-19
status:	unpublished
citation:
Document Size:	32905

3596 STATE OF NEW JERSEY v. EDWARD DUDA -- rank: 330

... contrary to N.J.S.A. 2C:12-1(c)(2). He was also charged with the following motor vehicle offenses ... when determining probable cause or guilt for committing DWI, and (2) that results from the Alcotest should be excluded because the ... 54 , cert. denied , 555 U.S. 825 , 129 S. Ct. 158 , 172 L. Ed.2d 41 (2008). The Law Division judge held a de ... McCarty , 468 U.S. 420 , 104 S. Ct. 3138 , 82 L. Ed.2d 317 (1984), was improper because the issue ...

docket:	a4373-13
court:	NJ Superior Court Appellate Division
decided:	2015-10-07
status:	unpublished
citation:
Document Size:	22568

3597 WILLIAM ROGERS v. DEPARTMENT OF THE TREASURY, POLICE AND FIREMEN'S RETIREMENT SYSTEM OF NEW JERSEY - -- rank: 330

... does not include the shared services agreement. A-4086-18 2 of Chief of Police effective May 31, 2018. At that ... a Law Division action against the Borough regarding his employment. 2 On June 15, 2018, Rogers and the Borough entered into ... payable in a lump sum equal to $39,506.33'; (2) 'make all necessary contributions into the [PFRS] (both employer and ... the transition of police services provided to the Borough.' 3 2 The record does not include the pleadings filed or orders ... Acting Chief noted that N.J.A.C. 17:4-2.1(a) defined 'eligible position' as '[a]ll employees actively ... firefighter' found at N.J.S.A. 43:16A- 1(2)(a) and (b) shall be members of the PFRS ...

docket:	a4086-18
court:	NJ Superior Court Appellate Division
decided:	2021-04-21
status:	Unpublished
citation:
Document Size:	25111

3598 STATE OF NEW JERSEY v. GREGORY MCCLARY -- rank: 330

... U.S. 1, 27, 88 S. Ct. 1868 , 1883, 20 L. Ed.2d 889 , 909 (1968), which upheld the right of an ... danger. Id. at 21, 88 S. Ct. at 1880, 20 L. Ed. 2d at 906. Defendant rests his argument in large part ... denied , 534 U.S. 858 , 122 S. Ct. 136 , 151 L. Ed.2d 89 (2001). Further, a prosecutor may rebut in ...

docket:	a1812-09
court:	NJ Superior Court Appellate Division
decided:	2011-07-20
status:	unpublished
citation:
Document Size:	26307

3599 EDWARD D. CLEMENTI v. AJA CLEMENTI -- rank: 330

... future reduction of child support upon a A-0550-20 2 child's emancipation, we remand solely for the judge to ... stays together, and she estimated that she had paid only $2,500 toward these expenses using marital funds. Defendant asserted her ... as joint bank accounts and other joint holdings or liabilities; (2) Sharing or joint responsibility for living expenses; (3) Recognition of ... the factors identified by the Court in Konzelman v. Konzelman, 158 N.J. 185 (1999), to be considered in determining whether ... privileges that are commonly associated with marriage or civil union.' 2 Some of the judge's factual findings were based on ... It says suspended or terminated if the payee is cohabitating.' 2 As she did before the trial judge, defendant cites ...

docket:	a0550-20
court:	NJ Superior Court Appellate Division
decided:	2023-02-16
status:	Unpublished
citation:
Document Size:	61077

3600 STATE OF NEW JERSEY v. MICHAEL T. WILFONG -- rank: 330

... degree eluding the police, N.J.S.A. 2C:29-2(b); and fourth-degree resisting arrest, N.J.S.A. 2C:29-2(a)(2). The court then conducted a bench trial of several traffic ... modification of the full model jury charge on that subject. 2 Again, defense counsel did not raise any objection to the ... deployment of an airbag, see R. 3:13-3(b)(2)(E), so that the prosecution could evaluate the proposed expert ... denied , 552 U.S. 1146 , 128 S. Ct. 1074 , 169 L. Ed.2d 817 (2008). That standard of review "requires ...

docket:	a5542-10
court:	NJ Superior Court Appellate Division
decided:	2013-05-23
status:	unpublished
citation:
Document Size:	44976