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3871 /usr/local/share/www/libweb/collections/courts/appellate/a3284-18.opn.html -- rank: 306

... Court of New Jersey, Law Division, Monmouth County, Docket No. L-0813-17. Blume Forte Fried Zerres & Molinari, attorneys for appellant ... matter of law.' [Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co. of Pittsburgh, 224 N.J. 189, 199 (2016) (quoting R. 4:46-2(c)).] We must determine 'whether the competent evidential materials presented ... the benefit of all favorable evidence and A-3284-18T2 2 inferences. R. 4:46-2(c). Defendants' dog, a male golden retriever, ran into plaintiff ... no obedience training as of the date of the incident.2 Brandau opined, '[h]ad the [d]efendants properly neutered ...

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3872 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status:	unpublished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

3873 /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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3874 E.D. v. HORIZON NJ HEALTH -- rank: 306

... change in their medical conditions. Instead, petitioners A-4246-16T1 2 contend their PCA services were reduced because their health management ... a friend. See N.J.A.C. 10:60-3.2. A-4246-16T1 3 3.5(a)(3). Horizon representative ... PCA Tool assigns scores for the 'level of help . . . need[ed] for each [ADL] activity.' Pertinent to E.D.'s appeal ... the previous approval occurred in error.' The ALJ also 'question[ed] the efficacy of [the PCA T]ool in the absence ... Finklestein testified at the OAL hearing on behalf of Horizon. 2 Relevant to I.W.'s appeal, Finkelstein explained the 120 ... preparation. Finally, pursuant to the PCA Tool's laundry category, 2 The ALJ who conducted I.W.'s hearing was ...

docket:	a4246-16
court:	NJ Superior Court Appellate Division
decided:	2018-12-07
status:	Unpublished
citation:
Document Size:	34664

3875 STATE OF NEW JERSEY v. LORENZO HOLDEN -- rank: 306

... 1 [which was possession of a controlled dangerous substance] and 2 [which was possession with intent to distribute a controlled dangerous ... he was in the process of violating one of the 2 referred to laws -- drug laws -- possession and possession with intent ... State argues that the failure was not plain error. R. 2:10-2. In considering this argument, we note that defendant's counsel ... herein was clearly capable of causing an unjust result. R. 2:10-2; State v. Chew , 150 N.J. 30 , 82 (1997), ...

docket:	A1347-01
court:	NJ Superior Court Appellate Division
decided:	2003-12-09
status:	published
citation:	364 N.J. Super. 504 837 A.2d 403
Document Size:	38617

3876 SWARNLATA KHANDELWAL v. ZURICH INSURANCE CO -- rank: 306

... and EMPIRE FIRE AND MARINE INSURANCE COMPANY, MHL RENTS, LLC, 2 and MICHAEL H. LEWIS, Defendants-Respondents/ Third-Party Plaintiffs, v ... Court of New Jersey, Law Division, Middlesex County, Docket No. L-0850-09. Edward Slaughter, Jr., argued the cause for appellants ... understanding that [he] would get extra coverage if something happen[ed]." He believed that the SLI policy provided "extra coverage for ... and resulting from the use of a covered "rental vehicle." 2. We will indemnify any "insured" for such "loss" in excess ... Emphasis added.) It also enumerates seventeen exclusions to coverage, including "[l]oss arising out of 'bodily injury' or 'property damage' sustained ... s conclusions of law is de novo. M analapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. ...

docket:	a2620-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-29
status:	published
citation:	427 N.J. Super. 577 50 A.3d 52
Document Size:	48710

3877 GLOUCESTER COUNTY INSTITUTE OF TECHNOLOGY, GLOUCESTER COUNTY v. BOARD OF EDUCATION LENAPE REGIONAL HIGH SCHOOL DISTRICT, BURLINGTON COUNTY -- rank: 306

... B. v. Bd . of Educ. of the Rancocas Valley Reg'l High Sch. Dist. , No. A-6814-02 (App. Div. Nov ... review of an agency decision is limited. In re Taylor , 158 N.J. 644 , 656 (1999); I.L. v. N . J . Dep't of Human Servs ., 389 N ... that the agency is charged with enforcing. R & R Mktg., L.L.C. v. Brown-Forman Corp. , 158 N.J. 170 , 175 (1999) (internal quotations omitted); In ...

docket:	A3961-05
court:	NJ Superior Court Appellate Division
decided:	2007-06-26
status:	unpublished
citation:
Document Size:	33911

3878 JOSEPH B. PARUSZEWSKI VS TOWNSHIP OF ELSINBORO, TOWNSHIP COMMITTEE OF TOWNSHIP TOWNSHIP OF ELSINBORO, ET AL -- rank: 306

... before the zoning board in opposition to the application; and (2) the zoning board's decision was arbitrary, capricious, and unreasonable ... There, as in Burmore Co. v. Smith , 124 N.J.L. 541 (E. & A. 1940), the court was dealing with a ... Cox, New Jersey Zoning and Land Use Administration , §11-1.2 at 191 (1995) the following comment on State v. Gargiulo ... of Zoning and Planning , §51.01 at 51-9 (4th ed. 1994).     Plaintiff's evidence wholly fails to meet the principles ... be in violation of their authority.              [ Id. at 508 n.2.] The court also said:             The township. . . and the zoning board ... of Dover v. Board of Adj. of Tp. of Dover , 158 N.J. Super. 401 (App. Div. 1978), another panel ...

docket:	a5692-95
court:	njappellate
decided:	1997-02-20
status:	published
citation:	297 N.J.Super. 531
Document Size:	34071

3879 STATE OF NEW JERSEY v. ZABRINA CASTANEDA -- rank: 306

... 79, cert. denied , 555 U.S. 825 , 129 S. Ct. 158 , 172 L. Ed.2d 41 (2008). The Court explained the significance of the ... dismissed , 484 U.S. 1038 , 108 S. Ct. 768 , 98 L. Ed.2d 855 (1988); State v. Mulcahy , 107 N.J. 467 ... motor vehicle on a public road with its engine running, (2) Castaneda's position in the driver's seat and ...

docket:	a0284-11
court:	NJ Superior Court Appellate Division
decided:	2013-03-15
status:	unpublished
citation:
Document Size:	20872

3880 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

3881 ARTHUR SOULES v. MOUNT HOLINESS MEMORIAL PARK et al. -- rank: 306

... from Superior Court of New Jersey,     Law Division, Morris County, L-2861-99.     Matthew R. Grabell argued the cause for appellant ... of course, plaintiff must prove "[1] that he was [handicapped], [2] that he was performing his job at a level that ... the same work after he left." Clowes v. Terminix Int'l, Inc. , 109 N.J. 575 , 597 (1988). See also Viscik ... activities. See e.g. 42 U.S.C.A. §12102 (2)(A); 29 U.S.C.A. §705 (9)(B). The ... patterned state laws. E.g. , 29 C.F.R. § 1630.2(j)(2)(ii); 29 C.F.R. § 1614.203(b). Because ...

docket:	a5135-00
court:	njappellate
decided:	2002-11-06
status:	published
citation:	354 N.J. Super. 569
Document Size:	22915

3882 ROLANDO TERRELL v. NEW JERSEY DEPARTMENT OF CORRECTIONS -- rank: 306

... Group ("STG") 1 known as the Bloods Double I Set. 2 On July 30, 2014, the DOC's Special Investigations Division ... U.S. 472, 480, 115 S. Ct. 2293 , 2298, 132 L. Ed.2d 418 , 427 (1995). Due process safeguards are only required ... life." Id. at 484, 115 S. Ct. at 2300, 132 L. Ed. 2d at 430. Relying on Sandin , we have consistently upheld ... review of an agency decision is limited. In re Taylor , 158 N.J. 644 , 656 (1999). "An appellate court ordinarily ...

docket:	a3005-14
court:	NJ Superior Court Appellate Division
decided:	2016-12-13
status:	unpublished
citation:
Document Size:	14236

3883 STATE OF NEW JERSEY v. JAMES M. RICE -- rank: 306

... JAMES M. RICE, Defendant-Respondent. ____________________________________________________ June 14, 2011 Submitted June 2, 2011 - Decided Before Judges Fisher and Fasciale. On appeal from ... Division, Bergen County, Municipal Appeal No. 009-18-10. John L. Molinelli, Bergen County Prosecutor, attorney for appellant (Annmarie Cozzi, Senior ... 135, 152-53, cert. denied , __ U.S. __, 129 S. Ct. 158 , 172 L. Ed.2d 41 (2008). In State v. Holland , __ N.J. Super ... the reliability of the Control Company's probe" that "warrant[ed] further inquiry" in proceedings for which we remanded. Id. ...

docket:	a2783-10
court:	NJ Superior Court Appellate Division
decided:	2011-06-14
status:	unpublished
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Document Size:	11285

3884 STATE OF NEW JERSEY v. GRACIANO TIRADO -- rank: 306

... as to qualify for a downward departure under § 5K 2.13 of the Federal Sentencing Guidelines); State v. Lockhart , 542 ... d , 521 U.S. 346 , 117 S. Ct. 2072 , 138 L. Ed.2d 501 (1997); State v. Silman , 663 So.2d 27 ... denied , 521 U.S. 1118 , 117 S. Ct. 2507 , 138 L. Ed.2d 1011 (1997). Notwithstanding our shared misgivings about the use ... not being "clearly capable of producing an unjust result." R. 2:10-2. Recognizing that harmless error judgments are inevitably ...

docket:	a5072-03
court:	njappellate
decided:	2006-02-06
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	52097

3885 ANTOINETTE TAYLOR, v. CARRIE E. REED -- rank: 306

... with subpoenas for the production of documents. A-5674-18T1 2 As the present appeal requires that we review a decision ... in Newark, and he is the president of E.C.L.C., Inc., a related company that holds the liquor license ... Neither plaintiff nor defendant owns any interest in either entity. 2 By 2012, plaintiff, who had worked at the tavern for ... functions even after her father's discharge from the hospital. 2 However, in her counterclaim, which was ultimately dismissed voluntarily, defendant ... matter of law.' Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. of Pittsburgh, 224 N.J. 189, 199 (2016) (quoting R. 4:46-2(c)). Standing is a question of law we review ...

docket:	a5674-18
court:	NJ Superior Court Appellate Division
decided:	2020-10-28
status:	Unpublished
citation:
Document Size:	27143