Search Rutgers Law Library N.J. Court Opinions

3856 STATE OF NEW JERSEY NICOLE M. HOLLAND -- rank: 309

... 53, cert. denied , 555 U.S. 825 , 129 S. Ct. 158 , 172 L. Ed.2d 41 (2008). State v. Holland , 422 N.J. Super ... heated to 34.0 degrees Celsius (plus or minus 0.2 degrees), the average range of human breath, which will create ... process are conducted. There is a permissible tolerance of 0.2 degrees Celsius. As such, the temperature of the various simulator ... the calibration process must be between 33.8 and 34.2 degrees Celsius. After confirming a simulator solution is at ...

docket:	a4384-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-05
status:	published
citation:	423 N.J. Super. 309 32 A.3d 571
Document Size:	32096

3857 RICHARD J. TORPEY v. GERALDINE F. KERRIGAN -- rank: 309

... lot at issue, including the deed executed A-1922-21 2 in 1999 when plaintiff and his now-deceased wife sold ... 5 2022, the court filed an amplification pursuant to Rule 2:5-1(b) modifying the duration of plaintiff's easement ... his spouse. On May 18, 2022, plaintiff moved under Rule 2:5-5(a) to settle the record. We granted a ... 244 N.J. 567, 582 (2021) (quoting R. 4:46-2(c)). 'Summary judgment should be granted . . . 'against a party who ... v. Shinnihon U.S.A. Co., 399 N.J. Super. 158, 190 (App. Div. 2008) ('Interpretation and construction of a contract ... facts are not entitled to any special deference.' Manalapan Realty, L.P. v. Twp. Comm., 140 N.J. 366, 378 ( ...

docket:	a1922-21
court:	NJ Superior Court Appellate Division
decided:	2023-10-30
status:	Unpublished
citation:
Document Size:	41037

3858 DIVISION OF YOUTH AND FAMILY SERVICES v. S.D. -- rank: 309

... OF THE GUARDIANSHIP OF I.P.E.S AND M.L.D., Minors.         ... Law Guardian for minors I.P.E.S. and M.L.D. (Lisa C. Castaneda, Designated Counsel, on the brief). PER ... mother and father of I.P.E.S. and M.L.D., appeal from a judgment of the Family Part terminating ... P.E.S. was born October 24, 2001 and M.L.D. was born June 12, 2003. S.D. has eight ... final referral was received on June 13, 2003 at M.L.D.'s birth. The hospital indicated that the baby had ... aware of the tumor prior to the birth of M.L.D., and had been referred to a perinatologist, but ...

docket:	A2790-04
court:	NJ Superior Court Appellate Division
decided:	2006-02-15
status:	unpublished
citation:
Document Size:	58998

3859 STATE OF NEW JERSEY v. ANGELO MARQUEZ -- rank: 309

... until she was sixteen. We need not A-6210-06T4 2 recite all of the details. Suffice it to say that ... following sexual abuse. [State v. Marquez, supra, (slip op. at 2- 5).] In his direct appeal, defendant raised, among other issues ... 106 N.J. 123 , 322 (1987). Compare State v. Frost, 158 N.J. 76 (1999) (prosecutor's comment on police reports ... denied, 534 U.S. 858 , 122 S. Ct. 136 , 151 L. Ed. 2d 89 (2001)); State v. Munoz, 340 N.J. Super ... and conclude that defendant's arguments are without merit. R. 2:11- 3(e)(2). We add the following brief ...

docket:	a6210-06
court:
decided:	2009-05-26
status:	Unpublished
citation:
Document Size:	26150

3860 DIVISION OF YOUTH AND FAMILY SERVICES v. S.D. -- rank: 309

... OF THE GUARDIANSHIP OF I.P.E.S AND M.L.D., Minors.         ... Law Guardian for minors I.P.E.S. and M.L.D. (Lisa C. Castaneda, Designated Counsel, on the brief). PER ... mother and father of I.P.E.S. and M.L.D., appeal from a judgment of the Family Part terminating ... P.E.S. was born October 24, 2001 and M.L.D. was born June 12, 2003. S.D. has eight ... final referral was received on June 13, 2003 at M.L.D.'s birth. The hospital indicated that the baby had ... aware of the tumor prior to the birth of M.L.D., and had been referred to a perinatologist, but ...

docket:	A2582-04
court:	NJ Superior Court Appellate Division
decided:	2006-02-15
status:	unpublished
citation:
Document Size:	58998

3861 STATE OF NEW JERSEY v. KENNETH S. PIZZO, JR -- rank: 309

... 53, cert. denied , 555 U.S. 825 , 129 S. Ct. 158 , 172 L. Ed.2d 41 (2008). State v. Holland , 422 N.J. Super ... heated to 34.0 degrees Celsius (plus or minus 0.2 degrees), the average range of human breath, which will create ... process are conducted. There is a permissible tolerance of 0.2 degrees Celsius. As such, the temperature of the various simulator ... the calibration process must be between 33.8 and 34.2 degrees Celsius. After confirming a simulator solution is at ...

docket:	a4775-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-05
status:	published
citation:
Document Size:	31939

3862 /usr/local/share/www/libweb/collections/courts/appellate/a0034-21.opn.html -- rank: 306

... from the garage doors used for cars. A-0034-21 2 In John Ketner's certification supporting defendants' motion, he stated ... was installed before April 20, 2019. However, when he 'check[ed] the construction in May 2019' he 'observed that work in ... waited 'until two years ha[d] passed before [they] attempt[ed] to enforce a monetary penalty . . . .' The court concluded defendants were ... 1) concluding plaintiff substantially complied with the parties' settlement agreement; (2) finding the liquidated damages clause was unenforceable; and (3) finding ... 531, 552 (2019) (quoting A-0034-21 5 Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366 ... over the man-door, as required under the municipal code, 2 the trial court erred in finding plaintiff 'substantially complied' ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	17035

3863 PEARL MCCARTHY V. QUEST INTERNATIONAL COMPANY -- rank: 306

... employees.     "[T]here is no gainsaying that through its amendment [L. 1979, c. 283] of N.J.S.A. 34:15 ... Standard Chlorine Chem. Co. , 96 N.J. 321 , 331 n.2 (1984), the joint statement accompanying the legislation enacted as L. 1979, c. 283, declared that the amended statute would exclude ... such activities (1) are a regular incident of employment and (2) produce a benefit to the employer beyond improvement in employee ... v. Worthington Corp. , 192 N.J. Super. 467 , 471 n.2 (App. Div.), certif. denied , 96 N.J. 301 (1984).     The ... recreation period as a regular incident of the employment; or         (2)    The employer, by expressly or impliedly requiring participation, or ...

docket:	a5970-93
court:	njappellate
decided:	1995-11-27
status:	published
citation:	285 N.J.Super. 469
Document Size:	16405

3864 IN THE MATTER OF ANDREW HUTCHINSON, ESSEX COUNTY CORRECTION OFFICER -- rank: 306

... of continuous permanent service. N.J.A.C. 4A:4-2.6(b) provides "applicants for promotion from entry level law ... agency’s final determination is exceedingly limited. In re Taylor , 158 N.J. 644, 656 (1999). The scope of review of ... 169 N.J. 579 , 587 (2001); In re Taylor , supra , 158 N.J. at 657. Therefore, this court will only disturb ... J. , 459 U.S. 1081 , 103 S. Ct. 562 , 74 L. Ed.2d 927 (1982). There is a strong presumption of an ... by November 21, 2007. N.J.A.C. 4A:4-2.6(b). Thus, Hutchinson could not be classified as ...

docket:	a6024-08
court:	NJ Superior Court Appellate Division
decided:	2011-04-01
status:	unpublished
citation:
Document Size:	13423

3865 DEBRA S. SMERLING, et al. v. HARRAH'S ENTERTAINMENT, INC., et al. -- rank: 306

... Superior Court of New Jersey, Law Division, Middlesex County, MID-L-8733-04. Wacks & Hartmann, attorneys for appellants (William J. Pinilis ... the negative, reverse the trial court's Rule 4:6-2(e) dismissal, and reinstate plaintiffs' complaint. The facts material to ... defendants moved to dismiss plaintiffs' complaint under Rule 4:6-2(e) for lack of jurisdiction or, alternatively, to remand the ... the CCC. The motion judge, pursuant to Rule 4:6-2(e), dismissed the first two counts of plaintiffs' complaint alleging ... of dismissal of a complaint pursuant to Rule 4:6-2(e) for failure to state a claim upon which relief ... Thus, a motion to dismiss pursuant to Rule 4:6-2(e) may be granted only if, accepting all well- ...

docket:	A1689-05
court:	NJ Superior Court Appellate Division
decided:	2006-12-13
status:	published
citation:	389 N.J. Super. 181 912 A.2d 168
Document Size:	33344

3866 Margaret Samuel v. John Doe -- rank: 306

... 5.1 Version This case can also be found at 158 N.J. 134. SYLLABUS (This syllabus is not part of ... fictitious defendant rule should be relaxed under Rule 1:1-2. The court stated, however, that although Samuel need not prove ... there should be a two-step proceeding. (pp. 8-11) 2. In the first proceeding, Samuel must establish that there was ... Gebhardt & Kiefer , attorneys; Robert G. Engelhart , on the brief). Kelley L. Johnson argued the cause for respondent ( Pellettieri, Rabstein and Altman ... provisions of the father's automobile insurance policy. See footnote 2 The issue that divided the panel was a procedural question ... be relaxed because justice so required under Rule 1:1-2. The court stated, however, that although plaintiff “does not ...

docket:	a-216-97
court:	njsupreme
decided:	1999-04-21
status:
citation:	158 N.J. 134
Document Size:	35237

3867 STATE OF NEW JERSEY v. FRANK A. DELUCCA -- rank: 306

... Court of New Jersey, Law Division, Camden County, Docket No. L-4893-04. Drinkwater & Goldstein, LLP, attorneys for appellants (Stanley N ... to the Order to Show Cause by the property owner. 2. Property owner withdraws the challenge to the Order to Show ... J. Super. 247, 253 (App. Div. 2003) (quoting Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. 366 ... v. Shinnihon U.S.A. Co. , 399 N.J. Super. 158 , 190 (App. Div.), certif. denied, 196 N.J. 85 (2008 ... denied , 493 U.S. 894 , 110 S. Ct. 243 , 107 L. Ed.2d 193 (1989)). Greenway 's rationale is equally applicable ...

docket:	a3129-10
court:	NJ Superior Court Appellate Division
decided:	2012-07-16
status:	unpublished
citation:
Document Size:	26669

3868 STEPHANIE ANGUS V. BOARD OF EDUCATION OF THE BOROUGH OF METUCHEN -- rank: 306

... Angus filed a petition with the New A-1979-21 2 Jersey Commissioner of Education (the Commissioner) claiming she was entitled ... same as that governing a motion under Rule 4:46-2 for summary judgment in civil litigation,' and we review an agency order granting a summary decision de novo. L.A. v. Bd. of Educ. of City of Trenton, Mercer ... Richardson, 192 N.J. at 196 (quoting In re Taylor, 158 N.J. 644, 658 (1999)). Where an agency decides an ... context,' and, 'unless inconsistent with the manifest intent of the [L]egislature or . . . [a] different meaning is expressly indicated,' we must ... to extrinsic sources.' State v. D.A., 191 N.J. 158, 164 (2007). Stated differently, '[w]hen the text of ...

docket:	a1979-21
court:	NJ Superior Court Appellate Division
decided:	2023-04-06
status:	Published
citation:
Document Size:	35644

3869 STATE OF NEW JERSEY V. JAMES PENNINGTON -- rank: 306

... Superior Court of New Jersey, Law Division, Middlesex County.         Susan L. Reisner, Public Defender, attorney for appellant (Robert L. Sloan, of counsel and on the brief).         Robert W. Gluck ... convicted of two counts of second-degree burglary, See footnote 2 On Indictment 432-03-94 defendant was convicted of two ... do not warrant extended discussion in a written opinion. R. 2:11-3(e)(2). We therefore affirm the convictions. See footnote 4 However, we ... upon findings of fact grounded in competent, reasonably credible evidence; (2) whether the sentencing court applied the correct legal principles ...

docket:	a0868-94
court:	njappellate
decided:	1997-05-22
status:	published
citation:	301 N.J.Super. 213
Document Size:	37254

3870 IN RE APPROVAL OF REGIONAL CONTRIBUTION AGREEMENT BETWEEN GIBBSBORO AND WOODLYNNE BOROUGHS -- rank: 306

... Compliance Hearing is hereby scheduled for March 31, 2006 at 2:00 p.m. On March 27, 2006, Gibbsboro forwarded its ... certification. 103 N.J. 1 , 34-35 (1986); Oceanport Holding, L.L.C. v. Borough of Oceanport , 396 N.J. Super. 622 ... agency decision, which is appealable as of right under Rule 2:2-3(a)(2). Any appeal of the approval of the RCA should ...

docket:	a1229-06
court:	NJ Superior Court Appellate Division
decided:	2008-07-22
status:	unpublished
citation:
Document Size:	36159