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3826 NLH-SHORT HILLS, LTD., INC. v. TRUMP TAJ MAHAL ASSOCIATES, et al. -- rank: 312

... b/a TRUMP PLAZA HOTEL CASINO; TRUMP'S CASTLE ASSOCIATES, L.P. d/b/a TRUMP MARINA HOTEL CASINO; and DONALD ... In or about June 2000, NLH, through its principal, Nat L. Hyman (Hyman), entered into several license agreements with defendant, Trump ... trial testimony, exhibits and arguments of trial counsel, Judge George L. Seltzer determined that Trump had not acted in a timely ... which the building permit could not issue) had been obtained, (2) that a building permit was available (or had been issued ... sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(1)(E). We, nevertheless, add the following ... J. 169 , 178 (2003); Casamasino v. City of Jersey City , 158 N.J. 333 , 354 (1989). "The doctrine is designed ...

docket:	a5461-04
court:	njappellate
decided:	2007-04-26
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	53869

3827 STATE OF NEW JERSEY v. JAMES DALSKOV -- rank: 312

... A. Foddai, Assistant Prosecutor, argued the cause for respondent (John L. Molinelli, Bergen County Prosecutor, attorney; Ms. Foddai, of counsel and ... of second-degree burglary, N.J.S.A. 2C:18-2 (Count One), second-degree attempted robbery, N.J.S.A ... conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1 (Count Five ... conspiracy to commit kidnapping, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:13-1 (Count Six ... Early Release Act, N.J.S.A. 2C:43-7.2, parole disqualifier. Defendant appeals and we affirm. On March 5 ... Because hearsay is deemed "untrustworthy and unreliable," State v. White , 158 N.J. 230 , 238 (1999), it is "not admissible ...

docket:	A0399-06
court:	NJ Superior Court Appellate Division
decided:	2008-01-24
status:	unpublished
citation:
Document Size:	67627

3828 DEPARTMENT OF HEALTH AND SENIOR SERVICES - v. ADELENE CHARLES Respondent- -- rank: 312

... Submitted: May 13, 2009 - Decided: Before Judges Fisher and C.L. Miniman. On appeal from the Department of Health and Senior ... your name will be placed permanently on the abuse registry. 2. If it is determined that you have committed an act ... New Jersey Nurse Aide Abuse Registry, certificate number NA 868197. 2. As a result of a review of the facility investigation ... v. Div. of Med. Assistance & Health Servs. , 154 N.J. 158 , 165 (1998). Here, DHSS urges that this appeal is moot ... cert. denied , 540 U.S. 1219 , 124 S. Ct. 1509 , 158 L. Ed.2d 154 (2004). Moreover, a potential employer familiar ...

docket:	a4826-05
court:
decided:	2009-06-18
status:	Unpublished
citation:
Document Size:	53951

3829 ADA CARO v. 28 MCWHORTER STREET, LLC -- rank: 312

... Court of New Jersey, Law Division, Essex County, Docket No. L-8484-12. Renée Steinhagen argued the cause for appellants ... spaces, and construct a "new paid public parking lot . . . of 158 parking spaces and a control booth." The proposed surface parking ... layout of the parking lot and the dimensions of the 158 parking spaces. He also explained the lighting and fencing around ... performed to gauge the impact, if any, that the additional 158 cars would have on the air quality in the area ... s proposed lot was "a land use that has . . . establish[ed] itself in the area and it's not foreign to ... adjustment 'in the guise of a variance proceeding, [has] usurp[ed] the legislative power reserved to the governing body of ...

docket:	a3648-13
court:	NJ Superior Court Appellate Division
decided:	2016-08-19
status:	unpublished
citation:
Document Size:	48350

3830 ROBIN CERDEIRA v. MARTINDALE-HUBBELL -- rank: 312

... Court of New Jersey, Law Division, Union County, Docket No. L-1912-05. Michael D. Mezzacca argued the cause for appellant ... plaintiff told Dorner about Bowers' behavior and Dorner immediately contacted Ed Bigelow, the Director of Human Resources (HR). Bigelow met with ... legal standard as the trial court under Rule 4:46-2(c). Atlantic Mut. Ins. Co. v. Hillside Bottling Co., Inc ... supra , 387 N.J. Super. at 231. (citing Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. 366 ... S. 57 , 72-73, 106 S. Ct. 2399 , 2408, 91 L. Ed.2d 49 , 63 (1986). The Court noted that the ...

docket:	a5855-06
court:	njappellate
decided:	2008-09-18
status:	published
citation:	402 N.J.Super. 486
Document Size:	44318

3831 MARK ANTHONY OLIVO v. WOODHAVEN LUMBER AND MILLWORK, INC. -- rank: 312

... Court of New Jersey, Law Division, Monmouth County, Docket No. L-4098-13. Charles M. Crocco argued the cause for appellant ... Kowalski measured the leaks and "figure[d] out what need[ed] to be done." He then advised D&D's owner ... the trial court." Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co. , 224 N.J. 189, 199 (2016 ... as a matter of law." Ibid. (quoting R. 4:46-2(c)). " If there is no genuine issue of material fact ... the establishment of four elements: (1) a duty of care, (2) a breach of that duty, (3) actual and proximate causation ... of many factors, including: (1) the relationship of the parties; (2) the nature of the attendant risk; (3) the ability ...

docket:	a5107-14
court:	NJ Superior Court Appellate Division
decided:	2016-09-09
status:	unpublished
citation:
Document Size:	23971

3832 DEPARTMENT OF CHILDREN AND FAMILIES, DIVISION OF YOUTH AND FAMILY SERVICES v. S.G. -- rank: 312

... Piccoli, on the brief). PER CURIAM Respondent S.G. (Sam) 2 appeals the November 14, 2008 final agency decision substantiating the ... denied , 449 U.S. 983 , 101 S. Ct. 400 , 66 L. Ed.2d 245 (1980). The burden of showing that the agency ... showing that (1) the agency did not follow the law; (2) the decision was arbitrary, capricious, or unreasonable; or (3) the ... have reached a different result itself." Clowes v. Terminix Int'l, Inc. , 109 N.J. 575 , 588 (1988). If, however, our ... not entitled to judicial deference and must be set aside. L.M. v. Div. of Med. Assistance & Health Servs. , 140 ...

docket:	a4466-10
court:	NJ Superior Court Appellate Division
decided:	2014-08-05
status:	unpublished
citation:
Document Size:	33417

3833 STATE OF NEW JERSEY v. FAREED M. GANDHI -- rank: 312

... for respondent (Patricia B. Quelch, Assistant Prosecutor, of counsel; Jamie L. Schron, Legal Assistant, on the brief). PER CURIAM Defendant was ... N.J. Super. 325 , 335 (App. Div. 1998), aff' d , 158 N.J. 149 (1999). But see W orthy , supra , 329 ... controlling. No further discussion on this issue is warranted. R. 2:11-3(e)(2). III We next address the Miranda issue. Although defendant's ... U.S. at 477, 86 S. Ct. at 1629, 16 L. Ed. at 725; State v. Gosser , 50 N.J. 438 , ...

docket:	a0667-07
court:	NJ Superior Court Appellate Division
decided:	2009-03-20
status:	unpublished
citation:
Document Size:	66583

3834 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. R.E.Y. -- rank: 312

... their daughter, T.C.H., who was born on November 2, 2002. Both appellants argue that the Division of Youth and ... the constitutions of the United States and New Jersey, and (2) the trial court mistakenly exercised its discretion in admitting in ... result of which an emergency removal was effected. On May 2, 2005, an order was entered placing T.C.H. under ... a constitutional dimension. See Prince v. Massachusetts , 321 U.S. 158 , 166, 64 S. Ct. 438 , 442, 88 L. Ed. 645 , 652 (1944); Meyer v. Nebraska , 262 U.S. ...

docket:	a3331-06
court:	njappellate
decided:	2007-12-07
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	77182

3835 STATE OF NEW JERSEY v. KELVIN J. VALLADARES a/k/a KEVIN VALLADARES -- rank: 312

... attorney; Ms. Watson, of counsel and on the brief). Kimberly L. Donnelly, Special Deputy Attorney General/Acting Assistant Prosecutor, argued the ... persons possession of paraphernalia, N.J.S.A. 2C:36-2. Defendant challenged the admissibility of the gun at a motion ... U.S. 218 , 219, 93 S. Ct. 2041 , 2043, 36 L. Ed.2d 854 , 858 (1973). The State bears the burden of ... denied , 549 U.S. 1078 , 127 S. Ct. 740 , 166 L. Ed.2d 563 (2006) (defendant was "seized" when officers pulled ...

docket:	a2680-14
court:	New Jersey Superior Court Appellate Division
decided:	2016-10-10
status:	Published
citation:
Document Size:	24706

3836 ELLEN NEVINS v. TOLL BROTHERS, INC -- rank: 312

... Court of New Jersey, Law Division, Somerset County, Docket No. L-1102-01. Seelig & Rednor, L.L.P., attorneys for appellant (Jack L. Seelig, on the briefs). Bisgaier Hoff, LLC, attorneys for respondents ... 2009), cert. denied , ___ U.S. ___, 130 S. Ct. 509 , 175 L. Ed.2d 361 (2009). "[A]n expert may testify as ...

docket:	a0946-10
court:	NJ Superior Court Appellate Division
decided:	2011-06-07
status:	unpublished
citation:
Document Size:	31488

3837 STATE OF NEW JERSEY v. JAMES BURNETT -- rank: 312

... Deputy Public Defender, of counsel and on the brief). John L. Molinelli, Bergen County Prosecutor, attorney for respondent (Catherine A. Foddai ... and convicted of third-degree aggravated assault, 167 N.J. 158, 181 (2001). Defendant's claim in Point III that the ... U.S. 333 , 339, 98 S. Ct. 1091 , 1095, 55 L. Ed.2d 319 , 325 (1978), instruction containing a correct statement of ... impose. Id. at 339, 98 S. Ct. at 1095, 55 L. Ed. 2d at 325. "It would be strange indeed to ...

docket:	a1859-06
court:	NJ Superior Court Appellate Division
decided:	2008-10-22
status:	unpublished
citation:
Document Size:	22562

3838 A-0STATE OF NEW JERSEY v. MATTHEW SPENCER May 20 2015 -- rank: 312

... with three years of parole ineligibility under the Graves Act 2 on the handgun charge. The court awarded defendant 245 days ... 1 , 30-31, 88 S. Ct. 1868 , 1884-85, 20 L. Ed.2d 889 , 911 (1968); State v. Elders , 192 N.J ... s sweatpants to hang down. Defendant appeared nervous, and "pick[ed] up the weight of the waistband, adjusting his clothing." Although ... U.S. at 27, 88 S. Ct. at 1883, 20 L. Ed. 2d at 909). Additionally, it was late at night, ...

docket:	a2005-12
court:	NJ Superior Court Appellate Division
decided:	2014-10-08
status:	unpublished
citation:
Document Size:	21308

3839 /usr/local/share/www/libweb/collections/courts/appellate/a2650-18.opn.html -- rank: 312

... Wysoker, Glassner, Weingartner, Gonzalez & Lockspeiser, PA, attorneys for respondent (Allan L. Lockspeiser, on the brief). PER CURIAM Target Corporation appeals from ... v. Alloway Twp., 438 N.J. Super. 501, 505 n.2 (App. Div. 2015) ('An issue that is not briefed is deemed waived upon appeal.'). A-2650-18T3 2 permanency rate not to exceed $193.32. The settlement was ... although she was hired to work full time, she 'work[ed] the hours that were posted' for her. It was only ... deference.'' Renner, 218 N.J. at 448 (quoting Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366 ... other grounds, 216 N.J. Super 312, 523 (App. Div. 2 The statute states in pertinent part the following: When ...

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Document Size:	24407

3840 ESTATE OF V.M. v. DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES & BERGEN COUNTY BOARD OF SOCIAL SERVICES -- rank: 312

... Care Center in May 2002. V.M.'s daughter, C.L.W., filed a Medicaid application on V.M.'s behalf ... July 18, 2002. Further applications were filed by either C.L.W. or her husband, J.W., on March 25, 2003 ... 29, 2003. Notice of each denial was sent to C.L.W. or J.W. No notice of denial was sent ... fair hearing of the denials was made by either C.L.W. or J.W. Another application was made by C.L.W. or J.W. on January 13, 2004. The application ... retroactive to October 1, 2003. V.M. subsequently died. C.L.W. was appointed administrator of her mother's estate. ...

docket:	a6729-04
court:	njappellate
decided:	2006-04-25
status:	published
citation:	*CITE_PENDING*
Document Size:	31888