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3691 JOHN GIERCYK v. CITY OF ESTELL MANOR PLANNING ZONING BOARD -- rank: 325

... Court of New Jersey, Law Division, Atlantic County, Docket No. L-0717-15. John Giercyk, appellant pro se. Nehmad Perillo & Davis ... use variance1 and site plan waiver to Hendricks House, Inc.2 (Hendricks), a non-profit corporation that operated two drug and ... 1 See N.J.S.A. 40:55D-70(d). 2 Hendricks House, Inc., was improperly pled as Hendricks House, LLC. 2 A-2729-15T2 proposed use was identical to the prior ... The Board conducted two hearings on the application on December 2, 2014 and January 6, 2015. In support of the application ... public interest at stake' that 'may outweigh the negative criteria[;]' (2) 'identify the detrimental effect that will ensue from the ...

docket:	a2729-15
court:	NJ Superior Court Appellate Division
decided:	2017-12-18
status:	unpublished
citation:
Document Size:	57145

3692 BOBBIE K. HOUSLEY v. WAVE ENERGY SYSTEMS, INC., et al. -- rank: 325

... Court of New Jersey,     Law Division, Civil Part, Middlesex County,     L-1854-95 and L-3771-95.     Ronald B. Grayzel argued the cause for appellant ... C. Krieger and     Mr. Conk on the joint brief).     Eric L. Harrison argued the cause for respondents     Wave Energy Systems, Inc ... 1996 [(FQPA), codified at 7 U.S.C.A. §136i -2, 136r-1, 136w-5, 136w-6, and 136w-7; amending ... out as notes under 7 U.S.C.A. §136i -2 and 21 U.S.C.A. §§301 and 346a,] these ... 837 , 842-45, 104 S. Ct. 2778 , 2781-83 , 81 L. Ed.2d 694 , 702-04 (1984); Kaspar v. Teachers' ...

docket:	A2709-99
court:	NJ Superior Court Appellate Division
decided:	2001-08-14
status:	published
citation:	343 N.J. Super. 574
Document Size:	31538

3693 STATE OF NEW JERSEY v. SANTOS ORTIZ-MARTINEZ -- rank: 325

... Chancery Division, Family Part, Union County, Docket No. FO-20-158-09. Andril & Espinosa, L.L.C., attorneys for appellant (William G. Sanchez, on the brief ... A. 2C:29-9(b) beyond a reasonable doubt; and (2) the alleged communications in this matter should not rise to ... independently evaluate those legal assessments de novo. See Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. 366 ... committed the behavior that violated the order. See State v. L.C. , 283 N.J. Super. 441 , 447-48 (App. ...

docket:	a5351-08
court:	NJ Superior Court Appellate Division
decided:	2011-06-09
status:	unpublished
citation:
Document Size:	20496

3694 STATE OF NEW JERSEY v. LORENZO BARRENECHEA -- rank: 325

... for effective assistance of counsel. We affirm. I. On January 2, 2002, several Elizabeth police officers went to 158 Park Place to arrest defendant on a parole violation warrant ... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984). Performance is deficient "when counsel made ... Amendment ." Id. at 687, 104 S. Ct. at 2064, 80 L. Ed. 2d at 693. To show prejudice, the defendant must ...

docket:	a5216-07
court:	superior court appellate division
decided:	2009-08-20
status:	unpublished
citation:
Document Size:	34850

3695 STATE OF NEW JERSEY v. RIANNA L. DRINKS -- rank: 325

... A-0 STATE OF NEW JERSEY, Plaintiff-Respondent, v. RIANNA L. DRINKS, Defendant-Appellant. __________________________________ August 18, 2017 Before Judges Leone and ... Sessa, Assistant Prosecutor, on the brief). PER CURIAM Defendant Rianna L. Drinks pled guilty to fourth-degree child abuse or neglect ... 1. Nature of the Offense and Facts of the Case. 2. Motivation and Age of the Defendant. 3. Public Needs Factors ... treatment" and "the harm done . . . by abandoning criminal prosecution . . . outweigh[ed]" any societal benefits from allowing PTI. N.J.S.A. 2C:43-12(e)(1), (2), (3), (7), (14), (17). The prosecutor highlighted that defendant left ... 439 N.J. Super. at 226 (quoting State v. Caliguiri , 158 N.J. 28, 42 (1999)). "If a defendant 'fails ...

docket:	a2812-15
court:	NJ Superior Court Appellate Division
decided:	2017-08-18
status:	unpublished
citation:
Document Size:	57384

3696 CELANESE LTD. v. ESSEX COUNTY IMPROVEMENT AUTHORITY -- rank: 325

... of the known environmental contamination of the site. Article 3.2 of the contract provided as follows: Limitations on Representations or ... SPECIFICALLY SET FORTH IN ARTICLES 3.1(a) and 4.2, NEITHER SELLER, NOR ANY AGENT OR REPRESENTATIVE OF SELLER HAS ... SPECIFICALLY SET FORTH IN ARTICLES 3.1(a) AND 4.2, PURCHASER ACKNOWLEDGES AND AGREES THAT NEITHER SELLER NOR ANY DIRECTOR ... SPECIFICALLY SET FORTH IN ARTICLES 3.1(a) and 4.2, PURCHASER IS PURCHASING THE PROPERTY "AS IS" AT THE DATE ... for the environmental conditions of the property. In Article 4.2, the Authority acknowledged that it had "investigated all matters relating ... were first placed or discharged on or about the Property, (2) all obligations contained in the DER, (3) the requirement ...

docket:	a0241-07
court:	NJ Superior Court Appellate Division
decided:	2009-01-16
status:	published
citation:	404 N.J.Super. 514
Document Size:	70804

3697 STATE OF NEW JERSEY v. TRAVON ELLISON -- rank: 325

... Release Act (NERA), N.J.S.A. 2C:43-7.2, and to recommend that the sentence run concurrently with any ... 1997, co-defendant Miles surrendered to the police. On December 2, defendant surrendered. With his attorney present and after Miranda warnings ... Washington , 466 U.S. 668 , 104 S. Ct. 2052 , 80 L. Ed.2d 674 (1984), and adopted by the New Jersey Supreme ... fell below an objective standard of reasonableness,' and if so, (2) whether there exists a 'reasonable probability that, but for counsel ... Court Rules , comment 1.4.1. on R. 3:9-2 (2009) (citing State v. Smith , 306 N.J. Super. ...

docket:	a4822-06
court:	njappellate
decided:	2009-01-22
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	35354

3698 BOBBIE K. HOUSLEY v. WAVE ENERGY SYSTEMS, INC., et al. -- rank: 325

... Court of New Jersey,     Law Division, Civil Part, Middlesex County,     L-1854-95 and L-3771-95.     Ronald B. Grayzel argued the cause for appellant ... C. Krieger and     Mr. Conk on the joint brief).     Eric L. Harrison argued the cause for respondents     Wave Energy Systems, Inc ... 1996 [(FQPA), codified at 7 U.S.C.A. §136i -2, 136r-1, 136w-5, 136w-6, and 136w-7; amending ... out as notes under 7 U.S.C.A. §136i -2 and 21 U.S.C.A. §§301 and 346a,] these ... 837 , 842-45, 104 S. Ct. 2778 , 2781-83 , 81 L. Ed.2d 694 , 702-04 (1984); Kaspar v. Teachers' ...

docket:	A3104-99
court:	NJ Superior Court Appellate Division
decided:	2001-08-14
status:	published
citation:
Document Size:	31465

3699 STATE OF NEW JERSEY v. JULIO RAMOS -- rank: 325

... of second-degree conspiracy, N.J.S.A. 2C:5-2, and one count of first-degree distribution of a controlled ... 2012), cert. denied , U.S. ____, 133 S. Ct. 1454 , 185 L. Ed.2d 361 (2013); see also Hill v. Lockhart , 474 U ... 52 , 56-59, 106 S. Ct. 366 , 369-70, 88 L. Ed.2d 203 , 208-10 (1985); Strickland v. Washington , 466 U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984); State v. DiFrisco , 137 ...

docket:	a1905-12
court:	NJ Superior Court Appellate Division
decided:	2014-05-22
status:	unpublished
citation:
Document Size:	15390

3700 IN THE MATTER OF M.P a Disabled Adult -- rank: 325

... home in Newark and offered it to Jessica on May 2, 2008. DDD also informed Jessica that it would hold an ... have sent the case to OAL as a contested case, (2) that DDD's decision was arbitrary, capricious, and unreasonable, (3 ... denied , 449 U.S 983 , 101 S. Ct. 400 , 66 L. Ed.2d 245 (1980). The burden of showing the agency's ... 355 (1987) (quoting Boyle v. Riti , 175 N.J. Super. 158 , 166 (App. Div. 1980)) (citing In re Guardianship Servs. Regulations ... showing that (1) the agency did not follow the law; (2) the decision was arbitrary, capricious, or unreasonable; or (3) ...

docket:	a3019-10
court:	NJ Superior Court Appellate Division
decided:	2012-04-10
status:	unpublished
citation:
Document Size:	31629

3701 RAYMOND BRENNAN v. STATE OF NEW JERSEY -- rank: 325

... Court of New Jersey, Law Division, Mercer County, Docket No. L-1732-05. Clark E. Alpert argued the cause for appellant ... work environment claims were barred by the statute of limitations; 2) plaintiff failed to demonstrate a prima facie case for retaliation ... George Kemery, the hearing officer, issued his report on October 2, 2002. He concluded that plaintiff was present when Giampietro made ... outside his complaint that he [] engaged in any LAD[-]protect[ed] activity[.]" The judge dismissed plaintiff's intentional tort claims, finding ... supra , 387 N.J. Super. at 231 (citing Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. 366 ... of law," 1) his LAD claims were time-barred; and 2) his "intentional tort claims must be dismissed due to ...

docket:	a3119-07
court:	NJ Superior Court Appellate Division
decided:	2009-07-24
status:	unpublished
citation:
Document Size:	63750

3702 THOMASG LECHLER v. 303 SUNSET AVENUE CONDOMINIUM ASSOCIATION, INC. -- rank: 325

... Court of New Jersey, Law Division, Hudson County, Docket No. L- 0466-15. Richard P. Krueger argued the cause for appellants ... Lechler individually as 'plaintiff.' Plaintiff's wife sues per quod. 2 A-1095-16T 3 The 303 Sunset Avenue Condominium (The ... to a walkway. Despite the width of the stairs – 158 inches – they lacked a center handrail, with hand railings ... commons elements.' She also agreed that 'under the [B]y-[L]aws, the [A]ssociation shall discharge its powers in a ... handrails on either side of the stairs, determining they were 158 inches apart. He testified that in 1975, the year The ... governs motions for judgment, whether made under Rule 4:37-2(b) at the close of the plaintiff's case, ...

docket:	a1095-16
court:	NJ Superior Court Appellate Division
decided:	2017-12-29
status:	published
citation:	452 N.J.Super. 574 178 A.3d 711
Document Size:	59402

3703 IN THE MATTER OF W.L. -- rank: 322

... DIVISION DOCKET NO. A-0 IN THE MATTER OF W.L. _________________________ October 2, 2017 Submitted September 20, 2017 – Decided Before Judges Haas ... No. C-000012-16. Kunal Sharma, attorney for appellant W.L. Christopher S. Porrino, Attorney General, attorney for respondent New Jersey ... Deputy Attorney General, on the brief). PER CURIAM Defendant W.L., an inmate at Northern State Prison (NSP), 1 engaged in ... claim upon which relief may be granted. R. 4:6-2(e). We affirm in part, reverse in part, and remand ... final resolution, we will address the disputed issues. See R. 2:4-4(b)(2) (permitting us to grant leave ...

docket:	a0455-16
court:	NJ Superior Court Appellate Division
decided:	2017-10-02
status:	unpublished
citation:
Document Size:	20033

3704 SEVENTEEN THIRTY CORP., Plaintiff v. DIRECTOR, NEW JERSEY <br -- rank: 322

... issue as to a material fact under R. 4:46-2(c), neither would submit any evidence in addition to the ... and federal income tax were withheld. Plaintiff issued annual W-2 Forms to Mr. Mastrolacasa reflecting such salary and withholding. Mr ... with respect to those payments, and plaintiff issued no W-2 Forms or other reporting forms reflecting the payments. Mr. Mastrolacasa ... 6,006 1991 $153,852 $49,500 $ 9,898 1992 $158,990 $55,650 $14,607 The total assessment against plaintiff ... business in New Jersey. N.J.S.A. 54:10A-2. The tax is based upon the entire net income of ... 1) the amount of the compensation must be reasonable and (2) the payments must in fact be purely for services. ...

docket:	03648-97
court:
decided:	1999-04-16
status:
citation:	18 N.J. Tax 168
Document Size:	92127

3705 JOSEPH COTTRELL - v. MID STATE MOVING COMPANY and THE UNINSURED EMPLOYER\'S FUND -- rank: 322

... discovering that the employer did not have workers' compensation insurance, 2 Cottrell successfully moved to join the Uninsured Employers' Fund (UEF ... 15-120.1; N.J.A.C. 12:235-7.2. On March 8, 1995, a copy of Cottrell's petition ... citations and internal quotations omitted); see also In re Taylor , 158 N.J. 644 , 657-58 (1999). B. We start with ... 8, 2008 order, suggesting the application of Rule 4:50-2's one-year limitation "for reasons (a), (b), and (c ... N.J.A.C. 12:235-1.1 to -14.2, make no mention about motion practice being globally governed by ... or medical benefits, N.J.A.C. 12:235-3.2; emergent medical care, N.J.A.C. 12:235- ...

docket:	a0575-09
court:	superior court appellate division
decided:	2011-02-10
status:	unpublished
citation:
Document Size:	44788