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3916 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status:	unpublished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

3917 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

3918 LEVINE, STALLER, SKLAR CHAN BROWN & DONNELLY P.A. v. CITY OF ATLANTIC CITY -- rank: 304

... Court of New Jersey, Law Division, Atlantic County, Docket No. L-6363-10. DeCotiis, Fitzpatrick & Cole, LLP, attorneys for appellant/cross ... identifying himself as a licensed New Jersey attorney, Azotea says: 2. I am associated with the law firm Levine, Staller . . . and ... and in accordance with its appointment by the City Solicitor; (2) the City ratified, relied upon, and benefitted from [the Firm ... factors set forth in RPC 1.5(a). The Glick 2 guidelines would be employed in completing the first step, which ... final judgment awarding the Firm $629,307.98. On July 2, 2012, the City filed a notice of motion for reconsideration ... 204 N.J. 320 , 329 (2010) (quoting R. 4:46-2). The role of both the trial and appellate courts ...

docket:	a0725-12
court:	NJ Superior Court Appellate Division
decided:	2015-04-21
status:	unpublished
citation:
Document Size:	95630

3919 LILLIAN ZHANG v. GOSHEN MORTGAGE REO LLC -- rank: 304

... s motion to vacate a December 20, 2017 final judgment; (2) a March 27, 2020 order awarding Zhang attorney's fees ... Newark. The purchase price was $291,000. A-1957-20 2 On May 4, 2007, she recorded a mortgage on the ... was listed as the owner in the collector's records. 2 Kessely produced no evidence that she made an effort to ... rented. She argued that Kessely was not entitled to relief 2 The Legislature has established an orderly process through which municipal ... be named as a defendant in Zhang's complaint; and (2) if she was not an occupant of the property, whether ... from the property while her motion was pending. On July 2, 2018, Kessely moved to intervene. Zhang opposed the motion ...

docket:	a1957-20
court:	NJ Superior Court Appellate Division
decided:	2023-04-20
status:	Unpublished
citation:
Document Size:	47944

3920 DAWN M. HAZLEWOOD v. SYLVAN POECKH -- rank: 304

... 2007 order denying his motion for the judge's recusal; (2) a June 2007 order denying his motion for reconsideration of ... day timeframe provided for in our appellate practice rules. R. 2:4-1(a). We have nevertheless decided to reach the ... to file a timely motion for leave to appeal. R. 2:2-3(b). Defendant did not do so. Here again we ... filed by plaintiff in September 2003 and then quickly dropped; (2) the discrepancy between the parties' respective calculations as to defendant ... poverty while refusing to require plaintiff to seek practicable employment; (2) refused to entertain defendant's evidence of changed circumstances ...

docket:	a6489-06
court:	njappellate
decided:	2008-10-23
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	89630

3921 NEWTON G. MOODIE v. CAROLYN RICHARDS MOODIE -- rank: 304

... to meaningfully seek adequate employment" violated the MSA. On December 2, 2014, the trial judge conducted a conference with the parties ... defendant's testimony regarding her employment search "disingenuous" and "lack[ed] credibility," recounting that defendant "could not remember" from which employers ... details of job applications" were all dated June 6, 2015, 2 just five days before the plenary hearing. Aside from that ... VII, VIII, IX and X require only limited discussion. R. 2:11-3(e)(1)(E) . II. Appellate review of a ... supra , 430 N.J. Super. at 568 (citing Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. 366 ... efforts by (1) stating defendant prioritized obtaining substitute teaching jobs; (2) making contradictory statements regarding defendant's testimony about her ...

docket:	a0558-15
court:	NJ Superior Court Appellate Division
decided:	2017-08-01
status:	unpublished
citation:
Document Size:	48086

3922 STATE OF NEW JERSEY v. ROGER EMMONS -- rank: 304

... in violation of N.J.S.A. 2C:43-7.2. The judge sentenced defendant to a concurrent eighteen-month term ... when defendant came out of Agnone's house, he said, "[L]et's go. I just had a fight." Sergeant Drumhiller ... to the scope of the evidence presented." State v. Frost , 158 N.J . 76, 82 (1999)(citing State v. Harris , 141 ... denied , 534 U. S . 858, 122 S. Ct . 136, 151 L. Ed .2d 89 (2001) (citing State v. Ramseur , 106 N.J ... were prejudicial at the time they were made." Frost , supra , 158 N.J. at 84. Generally, if no objection is ...

docket:	A0706-04
court:	NJ Superior Court Appellate Division
decided:	2005-12-27
status:	unpublished
citation:
Document Size:	59909

3923 IN THE MATTER OF REVIEW AND REVISION OF THE DECISION TO DENY FRESHWATER GENERAL PERMIT NO. 7 -- rank: 304

... and 39.06, Block 302, each of which are approximately 2.5 acres. The Stahl and Baressi properties are designated freshwater ... 9B-7a. See also N.J.A.C. 7:7A-2.4(b). The two lesser protected categories are freshwater wetlands ... and c. See also N.J.A.C. 7:7a-2.4(d) and (e). At the time Barresi obtained the ... Stahl's property without a freshwater wetlands general permit; and (2) the direct discharge of storm water from the ice rink ... major development' at N.J.A.C. 7:8-1.2." N.J.A.C. 7:7A-4.3(b)10. N.J.A.C. 7:8-1.2 defines "major development," in relevant part, as: [A]ny " ...

docket:	a4593-06
court:	njappellate
decided:	2009-02-06
status:	published
citation:	405 N.J. Super. 204
Document Size:	47883

3924 RIVER VALE AT HOLIDAY FARMS CONDOMINIUM ASSOCIATION APARTMENT SECTION, INC v. GREATER NEW YORK MUTUAL INSURANCE COMPANY -- rank: 304

... Court of New Jersey, Law Division, Bergen County, Docket No. L-1390-08. Allan Maitlin argued the cause for appellant (Sachs ... judgment, we apply the same standard under Rule 4:46-2(c) that governs the trial court. See Liberty Surplus Ins ... denied , 488 U.S. 1017 , 109 S. Ct. 813 , 102 L. Ed.2d 803 (1989). As to the trial court's decision ... 54 , 88-89, cert. denied , ___ U.S. ___, 129 S. Ct. 158 , 172 L. Ed.2d 41 (2008). An appellate court "may not ' ...

docket:	a4806-08
court:	superior court appellate division
decided:	2010-08-11
status:	Unpublished
citation:
Document Size:	41241

3925 TAMMY ERICKSON v. KRISTINA BOKA -- rank: 304

... BOKA, Defendant-Respondent. ________________________________________________________________ Argued March 14, 2011 – Decided June 2, 2011 Before Judges Lisa and Alvarez. On appeal from the ... under the grandparent visitation statute, N.J.S.A. 9:2-7.1. Defendant, Kristina Boka, is H.B.'s mother ... of her response, plaintiff filed a cross-motion on June 2, 2010 seeking visitation rights to H.B. The cross-motion ... cert. denied , 540 U.S. 1177 , 124 S. Ct. 1408 , 158 L. Ed.2d 78 (2004). Even with the passage of the ...

docket:	a0090-10
court:	NJ Superior Court Appellate Division
decided:	2011-03-14
status:	unpublished
citation:
Document Size:	19486

3926 STATE OF NEW JERSEY v. HEMENEJID ULLOA -- rank: 304

... HEMENEJID ULLOA, a/k/a HEMIGELD ULLOA, Defendant-Appellant. ____________________________________ October 2, 2013 Submitted September 18, 2013 – Decided Before Judges Simonelli ... NOT GRANTING DEFENDANT'S MOTION PURSUANT TO R. 3:18-2 TO SET ASIDE THE VERDICT AND MOTION FOR A NEW ... VII THE SENTENCE IMPOSED BELOW WAS MANIFESTLY EXCESSIVE. POINT VIII 2 THE PROSECUTOR COMMITTED NUMEROUS ACTS OF MISCONDUCT WHEN HE IMPROPERLY ... error was "clearly capable of producing an unjust result[.]" R. 2:10-2. Since its decision in Odom , the Supreme Court has held ... been sustained, the testimony was not, as required by Rule 2:10-2, "clearly capable of producing an unjust result[.]" ...

docket:	a4602-10
court:	NJ Superior Court Appellate Division
decided:	2013-10-02
status:	unpublished
citation:
Document Size:	32808

3927 IN THE MATTER ESTATE OF JOHN C. SASSON, Deceased -- rank: 304

... Emily J. Springer, appellant, argued the cause pro se. Meredith L. Grocott argued the cause for respondent Steven J. Sasson, Administrator ... 12, 2004 until the day she vacates . . . ." However, on May 2, 2005, while Emily's earlier appeal was pending, Judge MacKenzie ... premises, as well as any cost that . . . may [be] award[ed] to [the Estate]." Notably, Judge MacKenzie supplemented the prepared order ... 5, 2005, Judge MacKenzie entered an order modifying the May 2, 2005, stay order by allowing Emily, "an attorney at law ... waive[d] her right under N.J.S.A. 25:2-1 to be protected from any claim that the plaintiff ... Emily with thirty days to take the furniture. On February 2, 2007, the Estate inquired in writing whether Emily intended ...

docket:	a3298-06
court:	njappellate
decided:	2008-04-24
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	49140

3928 APRIL LOWERY v. BOARD OF TRUSTEES TEACHERS' PENSION AND ANNUITY FUND -- rank: 301

... brought against her, alleging: (1) conduct unbecoming toward a student; (2) chronic absenteeism; (3) incapacity; and (4) conduct unbecoming a teacher ... described in the other charges constituted conduct unbecoming and 'warrant[ed] her immediate dismissal.' A-3256-21 2 Lowery's answer to the first tenure charge noted the ... and her negotiation of a [s]ettlement [a]greement need[ed] to be fully explored at a hearing[,]' in the Office ... inquiries: (1) whether the agency's action violates legislative policies; (2) whether the record contains substantial evidence to support the agency ... or its determination of a strictly legal issue. Id. at 158. Guided by these principles, we affirm substantially for the ...

docket:	a3256-21
court:	NJ Superior Court Appellate Division
decided:	2023-11-06
status:	Unpublished
citation:
Document Size:	26327

3929 MANUEL GONZALEZ,Petitioner-Appellant,v. BOARD OF EDUCATIONELIZABETH SCHOOL DISTRICT,UNION COUNTY,Respondent-Respondent. -- rank: 301

... new mayor was sworn in. The court applied See footnote 2     Similarly, in Pashman v. Friedbauer , 4 N.J. Super. 123 ... also Dickinson v. Mayor of Jersey City , 68 N.J.L. 99 , 102 (Sup. Ct. 1902). This is the prevailing rule ... country. See 3 McQuillin on Municipal Corporations § 12.83 (3d ed. rev. 1990) and cases annotated therein.         The policy considerations grounding ... affairs of the public body. Dickinson , supra , 68 N.J.L. at 102. If an existing board can make an appointment ... 604-05 (Sup. Ct. 1934), aff'd , 115 N.J.L. 203 (E. & A. 1935). No statutory authority is found under ... lifetime tenure for superintendents appointed after August 24, 1991. See L. 1991, c . 267, §§ 1-9 (codified as N.J. ...

docket:	a6706-97
court:	njappellate
decided:	1999-10-21
status:	published
citation:	325 N.J.Super. 244
Document Size:	30233

3930 DENNIS FRIDMANN v. BOARD OF REVIEW DEPARTMENT OF LABOR -- rank: 301

... v. BOARD OF REVIEW, DEPARTMENT OF LABOR, GEVITY HR III, L.P., TRINET ACQUISITION CORP., and MERCEDES BENZ OF CHERRY HILL ... Deputy Attorney General, on the brief). Respondents Gevity HR III, L.P., Trinet Acquisition Corp. and Mercedes Benz of Cherry Hill ... contacted the other dealer in an attempt to "curb cars." 2 Albertas stated he warned Fridmann that if he learned of ... misunderstood his testimony, which led her to discount its veracity, (2) the inaudible portions of the transcript require a remand for ... denied , 522 U.S. 111 , 118 S. Ct. 1043, 140 L. Ed.2d 108 (1998). "In reviewing the factual findings made ...

docket:	a3945-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-13
status:	unpublished
citation:
Document Size:	22294