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3871 STATE OF NEW JERSEY v. CARL H. HARRIS -- rank: 306

... sufficient merit to warrant extensive discussion in this opinion. R. 2:11-3(e)(2). We add only the following. To place the issues in ... denied , 364 U.S. 943 , 81 S. Ct. 464, 5 L. Ed.2d 374 (1961). II. Defendant urges that he was entitled ... instruction was clearly capable of producing an unjust result. R. 2:10-2. See also R. 1:7-2. In this case, ...

docket:	a4266-04
court:	njappellate
decided:	2007-03-19
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	31065

3872 /usr/local/share/www/libweb/collections/courts/appellate/a0816-20.opn.html -- rank: 306

... NO. A-0816-20 NANCY BRENT, Plaintiff-Respondent, v. ADAM L. BRENT, Defendant-Appellant. ________________________ Argued March 31, 2022 – Decided June ... Part, Gloucester County, Docket No. FM-08-0392-17. Adam L. Brent, appellant, argued the cause pro se. Leah A. Vassallo ... child support to the [p]laintiff in the amount of $2,000 per month.' Finally, paragraph eleven of the of the consent order A-0816-20 2 stated that '[p]laintiff and [d]efendant agree there will ... eleven of the consent order was an anti-Lepis clause.2 1 Defendant's motion also included issues regarding parenting time ... is not appealing those issues, we do not address them. 2 An anti-Lepis clause waives the parties' rights to ...

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court:	NJ Superior Court Law/Chancery Division
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3873 RIGOBERTO MEJIA v. NEW JERSEY DEPARTMENT OF CORRECTIONS -- rank: 306

... against him by the New Jersey Department of Corrections (DOC). 2 We reverse the sanction imposed because it was arbitrary and ... purposely subjecting such person to contact with a bodily fluid"; 2) *.154, "tampering with or blocking any locking device"; and 3 ... by N.J.A.C. 10A:4-9.5(c)(2), which requires that a list of inmates with a pending ... are not reasonably supported by the evidence.'" In re Taylor , 158 N.J. 644 , 657 (1999) (second and third alterations in ... the: 1.� Offender's past history of correctional facility adjustment; 2.� Setting and circumstances of the prohibited behavior; 3.� Involved inmate ... denied , 528 U.S. 1084 , 120 S. Ct. 809 , 145 L. Ed.2d 681 (2000). The Legislature later repealed the ...

docket:	a0710-13
court:	NJ Superior Court Appellate Division
decided:	2016-08-11
status:	published
citation:	446 N.J.Super. 369 141 A.3d 1209
Document Size:	38047

3874 LOWE'S HOME CENTERS, INC. v. CITY OF MILLVILLE -- rank: 306

... are installed and operational. N.J.A.C. 5:23-2.24. A certificate of occupancy is not an official determination ... denied , 520 U.S. 1241 , 117 S. Ct. 1845 , 137 L. Ed.2d 1048 (1997); Princeton Univ. Press v. Borough of Princeton ... Inc. v. Director, Div. of Taxation , 20 N.J. Tax 158 (Tax 2002). In that matter, the Director, Division of Taxation ... and social decline.” N.J.S.A. 40A:21-2. Millville and Lowe’s entered into a development contract to ... when doing so. University Cottage Club v. Department of Envt’l Protection , 191 N.J. 38 , 56-57 (2007). Millville ...

docket:	10784-07
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decided:	2010-11-29
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Document Size:	44007

3875 ARLETTE WOLKOFF v. BUDD LARNER -- rank: 306

... THOMAS BALDWIN, ESQ., Defendants-Respondents. ____________________________________ October 24, 2014 Submitted September 2, 2014 – Decided Before Judges Hayden and Leone. On appeal ... Court of New Jersey, Law Division, Essex County, Docket No. L-6600-12. Arlette Wolkoff, appellant pro se. Respondents Budd Larner ... Appointed by the Supreme Court of New Jersey 77 (6th ed. 1995) (hereinafter " Manual "). The Board approved the panel's choice ... 5(c); Kingsdorf v. Kingsdorf , 351 N.J. Super. 144 , 158 (App. Div. 2002). Rule 4:42-9(b) requires the ... shall be reasonable.'" Twp. of West Orange v. 769 Assocs., L.L.C. , 198 N.J. 529 , 542 (2009) (quoting R. ...

docket:	a1206-12
court:	NJ Superior Court Appellate Division
decided:	2014-10-24
status:	unpublished
citation:
Document Size:	21906

3876 STATE OF NEW JERSEY v. BRIAN T. NEILSEN -- rank: 306

... Release Act (NERA), N.J.S.A. 2C:43-7.2. On Count Six (second degree aggravated assault), the judge imposed ... due to the absence of timely objections at trial. R. 2:10-2. We will reverse only if any error has the clear ... the face of overwhelming evidence of guilt. State v. Frost , 158 N.J. 76 , 87 (1999). We acknowledge that a prosecutor ... denied , 534 U.S. 858 , 122 S. Ct. 136 , 151 L. Ed.2d 89 (2001). The argument constructed by the prosecutor ...

docket:	A2821-04
court:	NJ Superior Court Appellate Division
decided:	2006-10-25
status:	unpublished
citation:
Document Size:	70201

3877 /usr/local/share/www/libweb/collections/courts/appellate/a1688-19.opn.html -- rank: 306

... for trial. Counsel asserted the charged robberies involved 'two different 2 A-1688-19 victims on the same date,' and defendant ... 4991-14 (App. Div. Dec. 13, 2016) (slip op. at 2-13). We briefly restate the trial evidence pertinent to defendant ... his face, [and] a cap on his head.' Id. at 2. Defendant kept one hand in his pocket. Ibid. Defendant asked ... cigarettes, and then demanded 'everything in the register.' Id. at 2-3. The owner repeated a few times his request that ... intend to injure or rob anyone, but instead simply 'look[ed] for some change to get home.' Id. at 7. Defendant ... Ibid. He admitted a photograph in evidence at trial 'show[ed] him in the store with a hat and the ...

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3878 IN THE MATTER OF THE REVOCATION OF THE CERTIFICATES OF WILLIAM CASTEL -- rank: 306

... Mr. Springstead and Lauren E. McGovern, on the briefs). Jennifer L. Campbell, Deputy Attorney General, argued the cause for respondent Commissioner ... are pretty" and every two weeks, told her she "look[ed] nice." These comments made her "uncomfortable." S.R. testified that ... incorrectly ascribed an improper motive to appellant's conduct; and 2) the penalty imposed was excessive and unwarranted, and should be reversed to a period of suspension. 2 II. We start by acknowledging the longstanding and well-accepted ... legislative policies, that is, did the agency follow the law; (2) whether the record contains substantial evidence to support the findings ... result from that reached by the agency. In re Taylor , 158 N.J. 644 , 657 (1999). The same deferential standard ...

docket:	a1552-10
court:	NJ Superior Court Appellate Division
decided:	2012-02-21
status:	unpublished
citation:
Document Size:	44262

3879 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

3880 /usr/local/share/www/libweb/collections/courts/appellate/a3620-12.opn.html -- rank: 306

... stated it was Sowell. A police witness at the Wade 2 hearing initially stated Porter was arrested on foot, then, upon ... J. 429 , 442 (2012); Slater , supra , 198 N.J. at 158-59. A trial court is to consider and balance the ... on appeal lack sufficient merit to warrant extended discussion. R. 2:11-3(e)(2). We address them briefly. Julney argues that his trial counsel ... 668, 687, 694, 104 S. Ct. 2052, 2064, 2068, 80 L. Ed. 2d 674, 693, 698 (1984) (defendant must establish (1) ...

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court:	NJ Superior Court Law/Chancery Division
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3881 STATE OF NEW JERSEY v. DARA WILLIS -- rank: 306

... Defendant-Appellant. ________________________________________________________________ Submitted April 21, 2008 - Decided Before Judges S.L. Reisner and Baxter. On appeal from Superior Court of New ... Moriarty, Special Assistant Deputy Public Defender, on the brief). Joseph L. Bocchini, Jr., Mercer County Prosecutor, attorney for respondent (Jennifer Moran ... have been clearly capable of producing an unjust result." R. 2:10-2. In order to give "full force to the reasonable doubt ... it was clearly capable of producing an unjust result. R. 2:10-2. We agree with defendant's contention that the judge ...

docket:	a6452-05
court:	njappellate
decided:	2008-04-29
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	34832

3882 STATE OF NEW JERSEY v. ISHMAEL BAILEY -- rank: 306

... that he would be subject to parole supervision for life; (2) he did not understand the significance of his guilty pleas ... contentions are without sufficient merit to warrant extended discussion. R. 2:11-3(e)(2). Defendant has not established a prima facie case of ineffective ... whether the defendant has asserted a colorable claim of innocence; (2) the nature and strength of defendant's reasons for withdrawal ... advantage to the accused. Slater , supra , 198 N.J. at 158-61. Judge Cronin first determined that defendant had not asserted ... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984), and adopted by our ...

docket:	a2511-11
court:	NJ Superior Court Appellate Division
decided:	2014-01-06
status:	unpublished
citation:
Document Size:	29637

3883 CITY OF ATLANTIC CITY, BY CITY COUNCIL CITY OF ATLANTIC CITY v. JOSEPH G. GINDHART, ESQ. et al. -- rank: 306

... Court of New Jersey, Law Division, Atlantic County, Docket No. L-1056-04. Daniel J. Gallagher argued the cause for appellant ... to grant leave to appeal as within time. See R. 2:4-4(b)(2); R. 1:1-2. Because the authority to commence litigation on behalf of the ... dismissed , 365 U.S. 648 , 81 S. Ct. 834, 5 L. Ed.2d 857 (1961). The Supreme Court has held that ...

docket:	A0645-05
court:	NJ Superior Court Appellate Division
decided:	2007-03-29
status:	unpublished
citation:
Document Size:	38925

3884 FREDERIC ESPOSITO v. NEW JERSEY RACING COMMISSION -- rank: 306

... Petitioner-Appellant, v. NEW JERSEY RACING COMMISSION, Respondent-Respondent. ____________________________________ December 2, 2014 Submitted July 30, 2014 – Decided Before Judges Waugh ... Commission, Docket No. NJRC-5-H-10-TR. Fox & Melofchik, L.L.C., attorneys for appellant (Dennis J. Melofchik, on the briefs ... Act, N.J.S.A. 2A:168A-1 to -16. 2 The Commission found that petitioner's conviction for promoting gambling ... decision of an administrative agency is limited. In re Taylor , 158 N.J. 644, 656 (1999); Brady v. Bd. of Review ... denied , 449 U.S. 983 , 101 S. Ct. 400 , 66 L. Ed.2d 245 (1980). We will not upset the ...

docket:	a3016-12
court:	NJ Superior Court Appellate Division
decided:	2014-12-02
status:	unpublished
citation:
Document Size:	22192

3885 STATE OF NEW JERSEY v. R.V. -- rank: 306

... Al Glimis, Assistant Deputy Public Defender, on the brief). John L. Molinelli, Bergen County Prosecutor, attorney for respondent (Catherine A. Foddai ... second-degree sexual assault, N.J.S.A. 2C:14-2(b) (counts one and two), and one count of third ... to Megan's Law, N.J.S.A. 2C:7-2 to -11, which included no contact with the victim, and ... Enforcement Officers Training and Equipment Fund penalty; and a $750 2 penalty to the Sex Crime Victim Treatment Fund (SCVTF), N ... U.S. 63 , 74, 97 S.Ct. 1621 , 1629, 52 L.Ed.2d 136 (1977)). A trial court must consider and ...

docket:	a1366-12
court:	NJ Superior Court Appellate Division
decided:	2014-08-11
status:	unpublished
citation:
Document Size:	26587