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3661 STATE OF NEW JERSEY v. M.S. -- rank: 325

... as a witness the DNA expert he had consulted pretrial.2 Defendant's argument is limited to the following point: THIS ... assault by physical force, N.J.S.A. 2C:14-2(c)(1), as a lesser-included offense of aggravated sexual assault, and third-degree criminal sexual contact, 2 The PCR judge also denied defendant's other two points ... 4(a)(1) (barring previously raised claims). A-3659-19 2 N.J.S.A. 2C:14-3(a), for sexually ... Early Release Act, N.J.S.A. 2C:43-7.2, on the sexual assault conviction. On direct appeal, we upheld ... prior opinion and need not be repeated here. Id. at 2-5. Pertinent to this appeal, three days after the ...

docket:	a3659-19
court:	NJ Superior Court Appellate Division
decided:	2022-04-14
status:	Unpublished
citation:
Document Size:	25099

3662 PHYLLIS RABINOWITZ v. LYNN D. REYMAN, M.D. -- rank: 325

... Court of New Jersey, Law Division, Essex County, Docket No. L-540-07. Bruce H. Nagel argued the cause for appellants ... Reyman, M.D., and her employer, Emergency Medical Associates (EMA). 2 I Rebecca was born prematurely on July 13, 2006, by ... the standard of care applicable to an emergency room physician; (2) defense counsel from eliciting testimony from Reyman describing her reaction ... of his or her "broad discretion" "will not [be] disturb[ed], absent a manifest denial of justice." Lancos v. Silverman , 400 ... Current N.J. Court Rules , comment 4.7 on R. 2:10-2 (2015). To prevail in a medical malpractice action, "ordinarily, ...

docket:	a2633-12
court:	NJ Superior Court Appellate Division
decided:	2015-05-06
status:	unpublished
citation:
Document Size:	47028

3663 STATE OF NEW JERSEY v. TIMOTHY P. LABARRE, SR -- rank: 325

... pertinent factual background may be summarized as follows. Sometime between 2:30 and 3:00 a.m. on September 18, 2005 ... of review in mind, we look first to the statute, 158 N.J. 552 (1999), the defendant was similarly charged with ... we will reverse only if we find plain error. R. 2:10-2. Plain error, in the context of a jury charge, is "[l]egal impropriety in the charge prejudicially affecting the substantial rights ... denied , 532 U.S. 932 , 121 S. Ct. 1380 , 149 L. Ed.2d 306 (2001)(citation omitted). We note that ...

docket:	a0817-07
court:	NJ Superior Court Appellate Division
decided:	2009-02-17
status:	unpublished
citation:
Document Size:	58176

3664 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. T.D. -- rank: 325

... Michael). She argues the Division of Youth and Family Services 2 (Division) did not prove the four prongs of the termination ... the first prong because she never directly harmed her children; (2) the second prong because she was capable of eliminating any ... S. 645 , 651-52, 92 S. Ct. 1208 , 1212, 31 L. Ed.2d 551 , 558-59 (1972)). However, the constitutional protection surrounding ... 1 , 10 (1992)), vacated on other grounds , 163 N.J. 158 (2000). The question for the court "focuses upon what course ... or will continue to be endangered by the parental relationship; (2) The parent is unwilling or unable to eliminate the ...

docket:	a4861-10
court:	NJ Superior Court Appellate Division
decided:	2013-05-16
status:	unpublished
citation:
Document Size:	43369

3665 MICHAEL ALBANESE v. RONALD S. GRANT -- rank: 325

... respondent a "Right of First Refusal to purchase subdivided lot #2 commonly known as rear lot of 927 Beatrice Pkwy. Including ... to give the Buyer an Option to Purchase subdivided Lot #2, commonly known as the rear lot of 927 Beatrice Parkway ... Buyer a Right of First Refusal to purchase subdivided Lot #2 commonly known as the rear lot of 927 Beatrice Parkway ... the expiration of the Option to Purchase and expiring two (2) years from the date of this contract. The Right of ... First Refusal shall require the Seller to offer subdivided Lot #2 to the Buyer at the same price as the highest ... 157 N.J. 463 , 470-71 (1999); In re Taylor , 158 N.J. 644 , 655 (1999); Close v. Kordulak Bros. , ...

docket:	A0112-04
court:	NJ Superior Court Appellate Division
decided:	2005-11-21
status:	unpublished
citation:
Document Size:	107960

3666 D.D. RESIDENTIAL LTD PARTNERSHIP - v. NEW JERSEY PINELANDS COMMISSION - -- rank: 325

... density of 4.75 dwelling units per acre or 7.2 dwelling units per acre with PD Credits. B. The Hamilton ... planned developments to 1.6 dwelling units per acre or 2.5 dwelling units per acre with PD Credits. The Commission ... Credits to develop Phases IV and V of Hamilton Greene. 2 After the parties filed exceptions to the ALJ's decision ... D. had actually acquired and redeemed the requisite PD Credits; (2) it violated township ordinance § 203-107 by failing to ... of an administrative agency's final decision. In re Taylor , 158 N.J. 644 , 656-57 (1999); Public Serv. Elec. & Gas ... Brandt , 459 U.S. 962 , 103 S. Ct. 286 , 74 L. Ed.2d 272 (1982). "Appellate courts must defer to ...

docket:	a1464-10
court:	NJ Superior Court Appellate Division
decided:	2012-07-27
status:	unpublished
citation:
Document Size:	48882

3667 STATE OF NEW JERSEY v. JIHAD BASSIT -- rank: 325

... murder, N.J.S.A. 2C:11-3a(1) and (2), first degree attempted murder, N.J.S.A. 2C:5 ... conspiracy to commit murder, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:11-3a(1) and (2). On June 9, 2010, defendant entered into a negotiated agreement ... Release Act (NERA), N.J.S.A. 2C:43-7.2. At the plea hearing, the judge questioned defendant directly to ... the court pursuant to the summary review process in Rule 2:9-11. We affirmed. State v. Jihad Bassit , Docket No ... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984), and adopted by this ...

docket:	a4135-15
court:	NJ Superior Court Appellate Division
decided:	2017-10-05
status:	unpublished
citation:
Document Size:	23443

3668 ROBERT SIPKO v. KOGER, INC. -- rank: 325

... as two properties he partly owned with George and Ras. 2 George and Ras countered that Robert voluntarily resigned to reside ... request for (1) a buy-out of the Koger entities; (2) counsel fees; and (3) clarification of whether the 1.5 ... made an unconditional gift of 1.5% interest to Robert; (2) ordering that Robert's interest in Trotters Lane be bought ... sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(1)(E). We confine our discussion to ... question of law and fact. Walensky v. Jonathan Royce Int'l, Inc. , 264 N.J. Super. 276 , 279 (App. Div.), certif ... of the gift or from the circumstances. 38 Am. Jur. 2 d Gifts § 67 (2010). Moreover, when the donee ...

docket:	a3636-08
court:	NJ Superior Court Appellate Division
decided:	2011-05-16
status:	unpublished
citation:
Document Size:	55813

3669 YESENIA MORALES v. ADVANCE AUTO PARTS -- rank: 325

... opinion focuses on the order for judgment. A-0557-20 2 Six weeks following the surgery, petitioner returned to work and ... also observed 'significant psychiatric functional overlay and histrionic pain behavior.' 2 'Electromyography (EMG) measures muscle response or electrical activity in response ... He opined that petitioner suffered from neck pain and a '[l]umbar herniated disc at L5-S1 to the right.' Dr ... and-one-half percent] of total from all causes'; and (2) '[a]djustment disorder with depressed mood secondary to pain and ... that the subsequent accident exacerbated the earlier conditions and offer[ed] an opinion which is inclusive of, but not apportioned, between ... lack of expert opinion on the issue of apportionment, 'hamper[ed] the [c]ourt's ability' to determine her disability ...

docket:	a0557-20
court:	NJ Superior Court Appellate Division
decided:	2021-09-30
status:	Unpublished
citation:
Document Size:	25084

3670 NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION v. ASDAL BUILDERS, LLC -- rank: 325

... C. ASDAL, Individually, Respondents-Appellants. __________________________________ June 25, 2012 Argued May 2, 2012 - Decided Before Judges Lihotz and Waugh. On appeal from ... a motion to re-open the record, which was denied. 2 In April 2011, the DEP Commissioner issued a final decision ... the ALJ's decision without requiring a plenary hearing and (2) that the quantum of the penalty assessed was excessive under ... Am. , 142 N.J. 520 , 523, (1995); R. 4:46-2(c). The dispute is considered "'genuine only if, considering the ... denied , 449 U.S 983 , 101 S. Ct. 400 , 66 L. Ed.2d 245 (1980). The burden of showing the agency' ...

docket:	a4616-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-25
status:	unpublished
citation:
Document Size:	28626

3671 /usr/local/share/www/libweb/collections/courts/appellate/a1488-17.opn.html -- rank: 325

... that the member should be retired. [Ibid.] A-1488-17T4 2 In Richardson v. Board of Trustees, Police and Firemen's ... 1.) that he [or she] is permanently and totally disabled; (2.) as a direct result of a traumatic event that is ... spotting' a student in gym class (the incident). On April 2, 2015, the Board denied Shain's application. 'Although the Board ... to -13. During the ensuing OAL hearing conducted on May 2, 2017, Shain, and two experts testified, Robert Sica, Ph.D ... performed an independent medical evaluation (IME) on Shain on January 2, 2015. Contrary to Dr. Sica, Dr. Lomazow concluded that Shain ... Dr. Filippone's cognitive report, which concluded that 'Shain suffer[ed] from a combination of a pain-related cognitive disorder ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	30724

3672 JOYCE A. POLISENO, Individually, et al. v. GENERAL MOTORS CORPORATION, et al. -- rank: 325

... defect resulted in the vehicle not being "crashworthy." See footnote 2 2 She claimed that defects in the door welds caused enhanced ... percent were caused by the defective welds. The jury awarded $2.2 million in damages for Kuhlbars' wrongful death and $100,000 ... of proof with respect to the apportionment of crashworthy damages; (2) death is an indivisible injury incapable of apportionment; and (3 ... not reasonably safe for its intended use?             Yes - 7 No - 2         2. Were the defective door beam welds a proximate ...

docket:	a2024-97
court:	njappellate
decided:	2000-02-08
status:	published
citation:	328 N.J.Super. 41
Document Size:	52895

3673 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. N.C. -- rank: 325

... D.C. was unacceptable because "all [D]ivision experts recommend[ed] reunification and no expert indicated that [N.C. was] unable ... with his maternal grandmother, where he has remained. On March 2, 2012, N.C. pled guilty to aggravated assault, N.J ... RIGHTS. A. THE TRIAL COURT ERRED IN FINDING THAT PRONG 2 WAS SUPPORTED BY CLEAR AND CONVINCING EVIDENCE BECAUSE THE MOTHER ... her Son by Completing All Recommended Services to Achieve Stability. 2. The Mother Showed Willingness and Ability to Parent her Son ... S. 645 , 651–52, 92 S. Ct. 1208 , 1212, 31 L. Ed.2d 551 , 558–59 (1972)). However, the constitutional protection ...

docket:	a4307-12
court:	NJ Superior Court Appellate Division
decided:	2014-02-28
status:	unpublished
citation:
Document Size:	34883

3674 STATE OF NEW JERSEY v. WILLIAM STOVALL -- rank: 325

... State v. Stovall , No. A-0850-94 (App. Div. Dec. 2, 1996), certif. denied , 149 N.J. 35 (1997), and need ... to escape from prison, N.J.S.A. 2C:5-2 and 29-5(a); second-degree attempt to escape from ... J.S.A. 2C:5-1 and 29-6(a)(2); second-degree attempt to possess firearms for an unlawful purpose ... J.S.A. 2C:5-1 and 39-3(f)(2). A jury convicted defendant of all ten offenses. The court ... must show: (1) counsel's performance was objectively deficient; and (2) counsel's deficient performance prejudiced the petitioner to the extent ... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984)). Prejudice means "a reasonable ...

docket:	a1162-13
court:	NJ Superior Court Appellate Division
decided:	2016-02-17
status:	unpublished
citation:
Document Size:	25013

3675 STATE OF NEW JERSEY IN THE INTEREST OF A.R -- rank: 325

... Ohio , 392 U.S. 1 , 88 S. Ct 1868 , 20 L. Ed. 2d 889 (1968). We affirm the motion judge who likewise ... possessed a controlled dangerous substance, namely fifty vials of cocaine, 2) possessed a controlled dangerous substance, namely fifty vials of cocaine ... U.S. 1 , 21, 88 S. Ct. 1868 , 1880, 20 L. Ed.2d 889 , 906 (1968)). Under this well-established standard, "[a ... U.S. at 21, 88 S. Ct. at 1880, 20 L. Ed. 2d at 906. "Reasonable suspicion" is "less than ...

docket:	a4962-07
court:	superior court appellate division
decided:	2009-10-08
status:	unpublished
citation:
Document Size:	37847