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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 STATE OF NEW JERSEY v. WOODROW MILLER -- rank: 309

... J.S.A. 2C:11-3(a)(1) and (a)(2) (Count One); second-degree possession of a weapon for an ... Release Act (NERA), N.J.S.A. 2C:43-7.2, consecutive to five years in prison with two and one-half years of parole ineligibility. 2 On appeal, defendant raises the following arguments: POINT I THE ... is, error "clearly capable of producing an unjust result." R. 2:10-2. A conviction will be reversed under this standard only if ... supra , 225 N.J. at 79 (quoting R. 1:7-2). "Pursuant to Rule 1:7-2, a defendant is ...

docket:	a0124-14
court:	NJ Superior Court Appellate Division
decided:	2016-10-04
status:	unpublished
citation:
Document Size:	51516

3858 DEPARTMENT OF CHILDREN AND FAMILIES v. G.R. -- rank: 309

... A-0 DEPARTMENT OF CHILDREN AND APPROVED FOR PUBLICATION May 2, 2014 APPELLATE DIVISION FAMILIES, DIVISION OF CHILD PROTECTION AND PERMANENCY, Petitioner-Respondent, v. G.R., Respondent-Appellant. ___________________________________ May 2, 2014 Argued April 9, 2014 – Decided Before Judges Fuentes ... neglect will prevent you from getting or keeping a job. [ 2 ] The Division informed G.R. that she had the right ... that G.R. was otherwise an attentive parent. On April 2, 2008, the Division closed its file. The caseworker completed a ... disposition pursuant to N.J.A.C. 10:120A-4.2. G.R. filed opposition contending that the motion was untimely ... the incident and the DAG's motion for summary disposition; (2) the Director erred by granting the Division's motion ...

docket:	a4594-12
court:	NJ Superior Court Appellate Division
decided:	2014-05-02
status:	published
citation:	435 N.J.Super. 392 89 A.3d 217
Document Size:	35934

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 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

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 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

3863 IN THE MATTER ESTATE OF HERBERT P. LASH, deceased. et al. -- rank: 306

... LOPEZ, his wife; DONALD J. MELIADO; PRUDENTIAL-BACHE SECURITIES, INCORPORATED; L & L ASSOCIATES; LOPEZ, LOPEZ & CRINGLOI; LOUIS H. MILLER; WILLIAM R. DENI ... Of that amount, $284,481.10 had been deposited with Ed Butrym, successor administrator of the Estate of Herbert Lash. The ... of interest on each item misappropriated by Lopez. See footnote 2 2     The final judgment awarded attorney fees and costs in the ... See North Bergen Rex Transport, Inc. v. Trailer Leasing Co. , 158 N.J. 561 , 574-75 (1999); Hudson County Chamber ...

docket:	a1929-98
court:	njappellate
decided:	2000-03-22
status:	published
citation:	329 N.J.Super. 249
Document Size:	35145

3864 DEPARTMENT OF COMMUNITY AFFAIRS, BUREAU OF HOUSING INSPECTION v. 275 PROSPECT TOWERS ASSOCIATION, INC. -- rank: 306

... We should not independently assess the evidence. In re Taylor , 158 N.J. 644 , 656 (1999) (citing State v. Locurto , 157 ... Brandt , 459 U.S. 962 , 103 S. Ct. 286 , 74 L. Ed.2d 272 (1982)). Determinations of administrative agencies must be given ... of Liquid Assets Upon Dissolution of the Union County Reg'l High Sch. Dist. No. 1 , 168 N.J. 1 , 10 ... the agency's decision offends the State or Federal Constitution; (2) whether the agency's action violates express or implied legislative ... a showing of the relevant factors." [ In re Taylor , supra , 158 N.J. at 656 (quoting Brady v. Bd. of ...

docket:	A3097-06
court:	NJ Superior Court Appellate Division
decided:	2008-05-06
status:	unpublished
citation:
Document Size:	25372

3865 CONDUIT AND FOUNDATION CORPORATION, Plaintiff v. HARTFORD CASUALTY INSURANCE COMPANY, et al. -- rank: 306

... appellant     (Saiber Schlesinger Satz & Goldstein, attorneys;     Ms. DiSomma and Diana L. Parmer, on the brief).     John C. Simons argued the cause ... Moran, Dunst & Doukas, attorneys;     James B. Moran, of counsel; Jacquelyn L. Poland,     on the brief).          The opinion of the court was ... estopped from denying coverage to it as such. See footnote 2 2     Universal had a business automobile policy with Providence which covered ... Super. 584 , 594 (App. Div. 1998), aff'd o.b. , 158 N.J. 104 (1999) (injuries from assault to student while ... 17 (quoting 7A Appelman Insurance Law and Practice § 4500 (Berdal ed. Supp. 1990). We held that because the claim of ...

docket:	a2953-98
court:	njappellate
decided:	2000-03-08
status:	published
citation:	329 N.J.Super. 91
Document Size:	49011

3866 STATE OF NEW JERSEY v. HASAN LABERTH -- rank: 306

... Release Act (NERA), N.J.S.A. 2C:43-7.2, and imposed the requisite monetary assessments and penalties. In this ... v. Washington , 541 U.S. 36 , 124 S. Ct. 1354 , 158 L. Ed.2d 177 (2004). We do not find that defendant's ... provided ineffective assistance because he failed to request a Wade 2 hearing. We decline to address this issue now. "Ineffective-assistance ... the charge at trial, the plain error standard applies. R. 2:10-2. After a careful review of the charge, ...

docket:	a3041-07
court:	NJ Superior Court Appellate Division
decided:	2009-05-19
status:	unpublished
citation:
Document Size:	17192

3867 NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION v. CAHATTARPAL SINGH -- rank: 306

... 13:1D-129(b)(1)-(6). Recognizing that appellant "assert[ed] without contradiction that the fuel truck driver disarmed the safety ... a showing of the relevant factors. In re T aylor , 158 N.J. 644 , 656 (1999) (citation omitted); In re Stream ... re 1976 Hosp. Reimbursement Rate for William B. Kessler Mem'l Hosp. , 78 N.J. 564 , 571 (1979)). So too, "an ... of the "Hazardous and Solid Waste Amendments of 1984," Pub.L. 98-616 (42 U.S.C. § 6991) it is necessary ... criminally negligent conduct of the person responsible for the violation; (2) The violation poses minimal risk to the public health, safety ... environment," N.J.A.C. 7:14-8.5(g)(2)(i), or is one "which substantially deviates from the ...

docket:	A1908-06
court:	NJ Superior Court Appellate Division
decided:	2007-12-14
status:	unpublished
citation:
Document Size:	56785

3868 ARTHUR B. CARLSON, JR v. CITY OF HACKENSACK -- rank: 306

... Court of New Jersey, Law Division, Bergen County, Docket No. L-326-08. Eric M. Bernstein argued the cause for appellant ... attorneys; Mr. Bernstein, of counsel and on the brief; Wendy L. Wiebalk, on the brief). David H. Ben-Asher argued the ... or order as a matter of law." R. 4:46-2(c); see also Brill v. Guardian Life Ins. Co. of ... the issue to the trier of fact." R. 4:46-2(c). On appeal, "the propriety of the trial court's ... factual, question." Pressler, Current N.J. Court Rules , comment 3.2.1 on R. 2:10-2 (2010). We employ the same standard that ...

docket:	a2898-08
court:	NJ Superior Court Appellate Division
decided:	2009-12-01
status:	published
citation:	410 N.J. Super. 491 983 A.2d 203
Document Size:	49504

3869 STATE OF NEW JERSEY v. MARTINE J. TAYLOR -- rank: 306

... required to establish the commission of the offense charged; or (2)  It consists of an attempt or conspiracy to commit the ... sufficient merit to warrant discussion in a written opinion." R. 2:11-3(e)(2). We add the following brief remarks. We apply the plain ... standard here because defendant did not object at trial. R. 2:10-2. "Under that standard, '[a] reviewing court may reverse on the ... to the scope of the evidence presented. State v. Frost , 158 N.J. 76 , 82 (1999). Defense counsel's failure ...

docket:	a4745-12
court:	NJ Superior Court Appellate Division
decided:	2014-11-19
status:	unpublished
citation:
Document Size:	32968

3870 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