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3961 State v. Lawrence -- rank: 298

... A-0 State of New Jersey , Plaintiff-Respondent, v. Lawrence l. simmons , Defendant-Appellant. ______________________________________ December 22, 2014 Submitted November 12, 2014 ... Gillet, Assistant Prosecutor, on the brief). PER CURIAM Defendant Lawrence L. Simmons was tried before a jury and found guilty of third-degree burglary, N.J.S.A. 2C:18-2; third-degree theft by unlawful taking, N.J.S.A ... error was "clearly capable of producing an unjust result." R. 2:10-2; State v. Afanador , 151 N.J. 41 , 54 (1997). N.J.S.A. 2C:2-4a provides in pertinent part that, "Ignorance or mistake ...

docket:	a5308-12
court:	NJ Superior Court Appellate Division
decided:	2014-12-22
status:	unpublished
citation:
Document Size:	25988

3962 STATE OF NEW JERSEY v. JOEL ALVAREZ -- rank: 298

... Defendant-Appellant. _______________________________ Submitted: January 22, 2009 - Decided: Before Judges C.L. Miniman, Baxter and King. On appeal from the Superior Court ... brief). PER CURIAM Defendant Joel Alvarez appeals from a February 2, 2007, judg­ment of conviction for second-degree sexual assault ... merit to war­rant discussion in a written opinion." R. 2:11-3(e)(2). Those arguments are advised in Points I, III, IV, and ... then decide if the statement is trustworthy.'" State v. Smith , 158 N.J. 376 , 389 (1999) (quoting State v. D.G ... plain error clearly capable of producing an unjust result. R . 2:10-2; State v. Macon , 57 N.J. 325 , ...

docket:	a5112-06
court:
decided:	2009-06-01
status:	Unpublished
citation:
Document Size:	52917

3963 JOHN RODDY v. LYNNE CLEMONS -- rank: 298

... what is called for by the contract. [ 13 Am. Jur. 2 d Building and Construction Contracts § 48 (2007) (footnotes omitted ... 337-38; 14 Williston on Contracts § 42:4 (4th ed. 2000). "Where there is conflicting testimony as to whether or ... decide. Ibid. ; Brannworth v. Borough of Verona , 94 N.J.L. 194 , 195-96 (E. & A. 1920). Here, in awarding defendant ... ability of the factfinder to judge credibility, In re Taylor , 158 N.J. 644 , 656 (1999); Close v. Kordulak Bros. , 44 ... been in if performance were rendered as promised." St. Louis, L.L.C. v. Final Touch Glass & Mirror, Inc. , 386 N. ...

docket:	A2710-06
court:	NJ Superior Court Appellate Division
decided:	2007-10-19
status:	unpublished
citation:
Document Size:	42098

3964 STATE OF NEW JERSEY ET AL VS FRED AND GERALDINE WEISWASSER, ET AL -- rank: 298

... of New Jersey,         Defendant.         Argued November 1, 1995 - Decided February 2, 1996         Before Judges King, Kleiner and Humphreys.         On appeal from ... plus condemnee's adjacent 62-foot frontage strip. See footnote 2     On January 30, 1992, the State reduced its offer to ... s acquisition, described in the complaint filed in this matter.             2. The issue of whether reasonable access remains to the approximately ... and had offered same to defendants as partial compensation, and (2) permitting evidence of severance damages which included damages attributable to ... and State v. Sun Oil , 160 N.J. Super. 513 (L. Div. 1978), as support for its contention. In Birch , the ... Realty Corp. v. State , 602 N.Y.S.2d 76 , 158 Misc.2d 810 (Ct. Cl. 1993), for example, the ...

docket:	a5575-93
court:	njappellate
decided:	1996-02-02
status:	published
citation:	287 N.J.Super. 287
Document Size:	44341

3965 SOCIETY HILL AT UNIVERSITY HEIGHTS CONDOMINIUM ASSOCIATION, III, INC v. LUCY SLOAN -- rank: 298

... Court of New Jersey, Law Division, Essex County, Docket No. L-1435-19. Schwartz Barkin & Mitchell, attorneys for appellant (Allen J ... surrounding property and related common elements. Sloan A-2328-21 2 ceased paying homeowners' association fees to Society Hill because of ... for trial. The counterclaims pleaded were: (1) breach of contract, (2) negligence, (3) breach of the implied covenant of good faith ... injunctive relief. Regarding equitable relief, Sloan sought an award 'deem[ed] just and proper.' Regarding the Condominium Act, Sloan alleged Society ... finding function is limited.' Seidman v. Clifton Sav. Bank, S.L.A., 205 N.J. 150, 169 (2011) (quoting Cesare v ... the legal consequences that flow from established facts.' Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. ...

docket:	a2328-21
court:	NJ Superior Court Appellate Division
decided:	2023-05-17
status:	Unpublished
citation:
Document Size:	30017

3966 WILLA LEGGETT v. NEWARK BOARD OF EDUCATION, et al. -- rank: 298

... back pain radiculopathy." He also "found a neurologic disability of 2[.5]% of the right hand for a carpal tunnel syndrome ... unsupported by and inconsistent with the evidence at trial; and 2) the Compensation Judge failed to apportion any credits to the ... give 'substantial deference' to administrative determinations." Earl v. Johnson & Johnson , 158 N.J. 155 , 161 (1999) (quoting R & R Mkt g ., L.L.C. v. Brown-Forman Corp. , 158 N.J. 170 , 175 (1999)). In workers' compensation cases, ...

docket:	A2468-04
court:	NJ Superior Court Appellate Division
decided:	2006-04-18
status:	unpublished
citation:
Document Size:	56778

3967 J.M.F v. DEPARTMENT OF TREASURY DIVISION OF PENSIONS AND BENEFITS - -- rank: 298

... from the record, some of which are not in dispute. 2 On November 24, 2012, appellant applied for an accidental disability ... compelling interest that outweighs the Judiciary's commitment to transparency. 2 A Joint Stipulation of Facts is not part of the record on appeal. A-2658-18 2 enough frequency and intensity' to prevent her from performing her ... her other psychiatrist, Dr. Morales, and her clinical neuropsychologist, Sandra L. Hunt, Ph.D., once or twice a year, either in ... moody, and depressed. Appellant was seen by a neuroradiologist, Michael L. Lipton, M.D., who interpreted her MRI films. He found ... Diagnostic and Statistical Manual of Mental Disorders 217-19 (5th ed. 2013). A-2658-18 9 take weeks or months ...

docket:	a2658-18
court:	NJ Superior Court Appellate Division
decided:	2021-09-28
status:	Unpublished
citation:
Document Size:	40471

3968 JULIE A. ALEXANDER v. BOARD OF REVIEW and NEW JERSEY CVS PHARMACY, L.L.C -- rank: 298

... Appellant, v. BOARD OF REVIEW and NEW JERSEY CVS PHARMACY, L.L.C., Respondents. _________________________________________ Submitted September 8, 2008 - Decided Before Judges R ... from the Board of Review, Department of Labor, Docket No. 158,906. Julie Alexander, appellant pro se. Anne Milgram, Attorney General ... denied , 449 U.S. 983 , 101 S. Ct. 400 , 66 L. Ed.2d 245 (1980)). We accord substantial deference to the interpretation ... credible evidence in the record as whole.'" In re Taylor , 158 N.J. 644 , 657 (1999) (quoting Henry v. Rahway ...

docket:	a1615-07
court:	NJ Superior Court Appellate Division
decided:	2008-09-22
status:	unpublished
citation:
Document Size:	28926

3969 DOMINIC COSTANZO v. LEBANON BOROUGH BOARD OF EDUCATION -- rank: 298

... Court of New Jersey, Law Division, Hunterdon County, Docket No. L-0296-12. Jeffrey D. Ullman argued the cause for appellant ... H. Bauch argued the cause for respondent (Bauch Zucker Hatfield, L.L.C., attorneys; Mr. Bauch and Evan M. Lison, of counsel ... the complaint for lack of jurisdiction under Rule 4:6-2(a). In a thoughtful and thorough written decision, Judge Buchsbaum ... body.'" Muise v. GPU, Inc. , 332 N.J. Super. 140, 158 (App. Div. 2000) (quoting Daaleman v. Elizabethtown Gas Co. , 77 ... field involved." Archway Programs, Inc. v. Pemberton Township Bd. of Ed. , 352 N.J. Super. 420 , 425 (App. Div. 2002). ...

docket:	a6330-11
court:	NJ Superior Court Appellate Division
decided:	2013-05-15
status:	unpublished
citation:
Document Size:	12354

3970 STATE OF NEW JERSEY v. RAMON LEONARDO ACOSTA -- rank: 298

... conspiracy to commit burglary, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:18-2 (count one); third-degree conspiracy to commit theft by unlawful taking, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:20-3 (count two ... subject to review pursuant to the plain error standard. R. 2:10-2. The purported error will be considered a basis for reversal ... have been clearly capable of producing an unjust result." R. 2:10-2. A conviction based on improper jury instructions ...

docket:	a1498-08
court:	superior court appellate division
decided:	2010-02-24
status:	Unpublished
citation:
Document Size:	48633

3971 CRANFORD DEVELOPMENT ASSOCIATES LLC, C/O THE S HEKEMIAN GROUP FLOOD HAZARD AREA CONTROL ACT INDIVIDUAL PERMIT NO 2003-08-0006.1 FHA 110001 FLOOD HAZARD AREA PERMIT VERIFICATION NO. 2003-08-0006.1 FHA 110002; and FRESHWATER WETLANDS TRANSITION AREA AVERAGI -- rank: 298

... appeal from the New Jersey Department of Environmental Protection. Robert L. Podvey argued the cause for appellant Township of Cranford (Podvey ... an affordable housing lawsuit, under the auspices of Mount Laurel . 2 In a companion appeal, also decided today, we affirmed trial ... set forth in N.J.A.C. 7:13-1.2: "Channel" means a linear topographic depression that continuously or intermittently ... our interpretation of legal issues is de novo. Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. 366 ... Procedurally Insufficient and Deprived the Township of its Property Rights. 2. The Builder's Remedy Suit and Site Plan Proceedings Did ... and well-reasoned decision. Little further discussion is required. R. 2:11-3 (e) (1)(E). On the adjudicatory hearing ...

docket:	a2157-14
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	29390

3972 STATE OF NEW JERSEY v. MICHAEL BRIGHT -- rank: 298

... 3691. Yvonne Smith Segars, Public Defender, attorney for appellant (Robert L. Sloan, Assistant Deputy Public Defender, of counsel and on the ... S. 140 , 150-51, 13 S. Ct. 50, 53, 36 L. Ed. 917 , 921 (1892). Here, there was no evidence that any ... deprived the defendant of a fair trial." State v. Frost , 158 N.J. 76 , 83 (1999); State v. Ramseur , 106 N ... not raised at trial, the plain error rule applies. R . 2:10-2 provides: Any error or omission shall be disregarded by ...

docket:	a4519-04
court:	njappellate
decided:	2008-08-05
status:	unpublished
citation:	196 N.J. 599
Document Size:	37885

3973 STATE OF NEW JERSEY v. MICHAEL J. RAMSEY -- rank: 298

... Wayne J. Forrest, Somerset County Prosecutor, attorney for respondent (James L. McConnell, Assistant Prosecutor, of counsel and on the brief). PER ... deprived the defendant of a fair trial." State v. Frost , 158 N.J. 76 , 83 (1999). In assessing whether a defendant ... so prejudicial as to deny defendant a fair trial. R. 2:10-2. In his third point, defendant claims the State failed to ... S. 83 , 87, 83 S. Ct. 1194 , 1196-97, 10 L. Ed.2d 215 , 218 (1963). "[T]o establish a Brady ...

docket:	a1739-08
court:	superior court appellate division
decided:	2010-06-29
status:	unpublished
citation:
Document Size:	24599

3974 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. S.M. -- rank: 298

... agency decision within forty-five days as prescribed by R. 2:4-1(b). Instead, S.M., through her attorney, attempted ... proceedings, which S.M. allegedly had no opportunity to refute, (2) the judge should have afforded S.M. a plenary hearing ... to the grandparent visitation statute, N.J.S.A. 9:2-7.1. We address each of these arguments, none of ... upon "secret evidence" because, in the course of his February 2, 2006 ruling, he alluded to proofs that had been adduced ... U.S. , 123, 170, 71 S.Ct. 624 , 648, 95 L.Ed. 817 , 853 (1951); United States v. Reynoso , 254 F. ...

docket:	a3315-05
court:	njappellate
decided:	2006-07-14
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	71102

3975 STATE OF NEW JERSEY v. MORILLO F. MARINEZ -- rank: 298

... A. Foddai, Assistant Prosecutor, argued         the cause for respondent (John L. Molinelli, Bergen         County Prosecutor, attorney; Ms. Foddai, of counsel         and ... Release Act (NERA). N.J.S.A. 2C:43-7.2. We also remand for reconsideration as to whether the sentences ... in the exercise of our original jurisdiction pursuant to R. 2:10-5, we modify the sentence imposed on the first ... without sufficient merit to warrant disposition by written opinion. R. 2:11-3(e)(2). We add, however, the following comments.     The complaining witness was ... 448 , 489, 534 (2001); State v. Smith , 167 N.J. 158 , 181-182, 185 (2001). We see nothing in the ...

docket:	a4905-02
court:	njappellate
decided:	2004-06-16
status:	published
citation:	370 N.J. Super. 49
Document Size:	19333