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3976 JACQUELINE BETANCOURT v. TRINITAS HOSPITAL -- rank: 298

... Chancery Division, Union County, Docket No. C-12-09. Gary L. Riveles argued the cause for appellant (Dughi & Hewit, attorneys; Michael ... Mr. Jackson and James A. Robertson, on the brief). Anne L.H. Studholme argued the cause for amici curiae, Not Dead ... People With Disabilities and Disability Rights of New Jersey (A.L. Holloway Studholme, LLC, and Stephen F. Gold of the California ... v. Div. of Med. Assistance & Health Servs. , 154 N.J. 158 , 165 (1998) (involving an application for Medicaid benefits); In re ... denied , 371 U.S. 890 , 83 S. Ct. 189 , 9 L. Ed.2d 124 (1962); Advance Elec. Co., Inc. v. Montgomery ...

docket:	a3849-08
court:	superior court appellate division
decided:	2010-08-13
status:	Published
citation:	415 N.J. Super. 301 1 A.3d 823
Document Size:	56905

3977 /usr/local/share/www/libweb/collections/courts/appellate/a2500-18.opn.html -- rank: 298

... is not the subject of this appeal. A-2500-18T1 2 I At the motion to suppress hearing, the State presented ... detection, with certain officers approaching from different directions. At approximately 2:30 A-2500-18T1 3 a.m., while nearing 152 ... The Law Division subsequently granted defendant's motion to suppress. 2 Before doing so, however, the court, relying on State v ... the police were initially entitled to conduct a field inquiry 2 The other occupants of the vehicle were also indicted but ... a handgun,' as well as Laielli's observations that at 2:30 a.m., there was a vehicle parked improperly outside ... was that he was 'a black male'); State v. Caldwell, 158 N.J. 452 (1999) (reversing denial of suppression where ...

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3978 Kuzmicz v. Ivy Hill Park Apartments, Inc. -- rank: 298

... which considers both fairness and public policy. (pp. 6-9) 2. Landlords and business owners should be liable for foreseeable injuries ... the close of Kuzmicz's case. See R. 4:37-2. After the jury returned its verdict, the court denied Ivy ... for a judgment notwithstanding the verdict. See R. 4:40-2. The Board did not appeal.     The Appellate Division affirmed, holding ... s ability to control the risk of injury. Id. at 158; Davis v. Pecoreno , 69 N.J. 1 , 8 (1975) (holding ... pointed comment from Salmond, Law of Torts at 144 (6th Ed.): "To treat as a question of remoteness what is really ... of such acts.         [ Id. at 144 (quoting 57 Am. Jur. 2 d Negligence § 58 (1970)) (footnotes omitted).] A     In New ...

docket:	a-5-96
court:	njsupreme
decided:	1997-02-20
status:
citation:	147 N.J. 510
Document Size:	106218

3979 SOVEREIGN BANK v. UNITED NATIONAL BANK (n/k/a United Trust Bank), -- rank: 298

... Superior Court of New         Jersey, Law Division, Somerset         County, SOM-L-2049-00.         Donald S. Maurice, Jr., argued the         cause for ... the first solvent party in the stream after the [wrongdoer]." 2 White & Summers, Uniform Commercial Code , §18-1 (4th ed. 1995). We have no basis to depart from that structure ... J. Super. at 423.     United also relies upon City Nat'l Bank v. Selective Ins. Co. , 331 N.J. Super. 298 ... judgment in the amount of $50,000. R. 4:58-2 provides in part:     If the offer of a claimant is ... contends it should not be subject to R. 4:58-2 because it could not have accepted Sovereign's offer ...

docket:	A2790-01
court:	NJ Superior Court Appellate Division
decided:	2003-03-18
status:	published
citation:	359 N.J. Super. 534 821 A.2d 87
Document Size:	20927

3980 IN THE MATTER OF THE ESTATE OF JOHN KOKINAKOS -- rank: 298

... of the Chancery Division. See R. 4:3-1(a)(2) and -1(a)(3). Peter Kokinakos (Kokinakos), Administrator of the ... of [decedent's] estate" to secure the alimony obligation, and (2) "designate the [children] as equal beneficiaries of the next $400 ... on November 1, 2009, decedent passed away intestate. On December 2, 2009, Kokinakos qualified as the administrator of his son's ... of the proceeds from the sale of the marital home, 2 enjoined the disposition of decedent's minority interest in two ... Am., Ltd. , __ U.S. __, __, 131 S. Ct. 2780, 2789, 180 L. Ed.2d 765 , 776 (2011) (explaining that "jurisdiction is in ...

docket:	a2103-10
court:	NJ Superior Court Appellate Division
decided:	2011-09-06
status:	unpublished
citation:
Document Size:	18105

3981 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

3982 STATE OF NEW JERSEY v. LAWRENCE F. GEBHARDT -- rank: 298

... his motion to withdraw his guilty plea before sentencing, and (2) imposing an excessive sentence. We disagree and affirm. Pursuant to ... whether the defendant has asserted a colorable claim of innocence; (2) the nature and strength of defendant's reasons for withdrawal ... 115 N.J. 415 , 420-21 (1989). Rule 3:9-2 governs the taking of pleas, and provides in relevant part ... people of their liberty." Slater , supra , 198 N.J. at 158. In weighing such motions, trial courts must consider whether a ... the judge erred by (1) imposing an excessive sentence, and (2) improperly discounting mitigating factor N.J.S.A. 2C:44 ... factors pursuant to N.J.S.A. 2C:44-1a(2), (3), and (9) substantially outweighing the non-existent mitigating ...

docket:	a6120-09
court:	NJ Superior Court Appellate Division
decided:	2011-08-25
status:	unpublished
citation:
Document Size:	25565

3983 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
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Document Size:	52917

3984 STATE OF NEW JERSEY v. ALY RICHARDSON -- rank: 298

... 2C:5-1 and N.J.S.A. 2C:18-2. On April 19, 2006, defendant entered a guilty plea to ... 2008 order following an excessive sentencing oral argument (ESOA). R. 2:9-11. On March 14, 2008, defendant filed his PCR ... 668, 687, 694, 104 S. Ct. 2052 , 2064, 2068, 80 L. Ed.2d 674 , 693, 698 (1984) (holding that in order to ... by the Sixth Amendment to the United States Constitution and (2) the defect in performance prejudiced defendant's right to a ... for substantial additional discussion of defendant's renewed claims. R. 2:11-3(e)(2). We note the following brief ...

docket:	a6016-08
court:	superior court appellate division
decided:	2010-12-30
status:	Unpublished
citation:
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3985 IN RE ADOPTION OF N.J.A.C. 13:38-1.3(f) BY THE STATE BOARD OF OPTOMETRISTS -- rank: 298

... professional fees charged therefor, except as otherwise provided by P.L. 1969, c. 232 (C. 14A:17-1 et seq.).     This ... Adoption of Amendments to N.J.A.C. 6:28-2.10, 3.6 and 4.3 , 305 N.J. Super ... Jersey State League of Municipalities v. Dept. of Cmty. Affairs , 158 N.J. 211 , 222 (1999).     Generally, "[t]he power of ... unreasonable or capricious." Boyle v. Riti , 175 N.J. Super. 158 , 166 (App. Div. 1980). See also , New Jersey Educ. Ass ... The Percentage Lease--Its Functions and Drafting Problems , 61 Harv.L.Rev./u. 317, 318-320 (1948). A percentage lease "gives ... hardly less." 1 M.R. Friedman, Leases § 6.1, at 158-159 (2d ed. 1983)." A categorical ban on such ...

docket:	a5539-99
court:	njappellate
decided:	2001-06-29
status:	published
citation:	341 N.J. Super. 536
Document Size:	23111

3986 SHAWNETTE L. OWUSU-ANSAH v. BOARD OF REVIEW, DEPARTMENT OF LABOR, et al. -- rank: 298

... JERSEY APPELLATE DIVISION DOCKET NO. A-1509-06T21509-06T2 SHAWNETTE L. OWUSU-ANSAH, Appellant, v. BOARD OF REVIEW, DEPARTMENT OF LABOR ... Workforce Development, Board of Review, Docket No. 121,610. Shawnette L. Owusu-Ansah, appellant pro se. Anne Milgram, Attorney General, attorney ... Bank did not file a brief. PER CURIAM Claimant Shawnette L. Owusu-Ansah appeals from the November 3, 2006, final decision ... of the evidence by the appellate court. In re Taylor , 158 N.J. 644 , 656 (1999). The appellate court must accord ... denied , 449 U.S. 983 , 101 S. Ct. 400 , 66 L. Ed.2d 245 (1980). Thus, determinations of an administrative agency ...

docket:	A1509-06
court:	NJ Superior Court Appellate Division
decided:	2008-04-23
status:	unpublished
citation:
Document Size:	23446

3987 STATE OF NEW JERSEY v. CALVIN MCCLOUD -- rank: 298

... v. CALVIN MCCLOUD, Defendant-Appellant. ________________________________ June 12, 2012 Submitted: May 2, 2012 - Decided: Before Judges Axelrad and Sapp-Peterson. On appeal ... Carolyn V. Bostic, Designated Counsel, on the brief). Theodore F. L. Housel, Atlantic County Prosecutor, attorney for respondent (Richard E. McKelvey ... the result of excusable neglect and his sentence was illegal; (2) trial counsel was ineffective because he gave "incorrect legal advice ... eight on the plea form. Following oral argument on April l and May 18, 2010, Judge Bernard DeLury, Jr. denied defendant ... PLEA WAS NOT KNOWING AND VOLUNTARY UNDER R. 3:9-2 AND, THEREFORE, THE DEFENDANT SHOULD BE PERMITTED TO WITHDRAW THE ... 668 , 687, 694, 104 S. Ct. 2052 , 2064, 2068, 80 L. Ed.2d 674 , 693, 698 (1984) (holding that in ...

docket:	a4234-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-12
status:	unpublished
citation:
Document Size:	20872

3988 STATE OF NEW JERSEY v. MARJORIE CASTILLO -- rank: 298

... Ingrid A. Enriquez, Designated Counsel, on the brief). Theodore F.L. Housel, Atlantic County Prosecutor, attorney for respondent (Peter J. Gallagher ... the third degree, N.J.S.A. 2C:43-7.2. It also imposed a concurrent term of three hundred sixty ... Arizona , 384 U.S. 436 , 86 S. Ct. 1602 , 16 L. Ed.2d 694 (1966), is the recognition that "every post-arrest ... 610 , 617-18, 96 S. Ct. 2240 , 2244-45, 49 L. Ed.2d 91 , 97-98 (1976). Our Supreme Court has ...

docket:	A2567-05
court:	NJ Superior Court Appellate Division
decided:	2007-12-21
status:	unpublished
citation:
Document Size:	54171

3989 ELIEZER C. ABRAHAMSON v. HARRIS BRAM, M.D. -- rank: 298

... Court of New Jersey, Law Division, Middlesex County, Docket No. L-4319-10. Chase, Kurshan, Herzfeld & Rubin, LLC, attorneys for appellant ... receiving treatment from defendants, plaintiff developed cauda equina syndrome (CES), 2 which ultimately left him with permanent urinary and bowel incontinence ... Pressler & Verniero, Current N.J. Court Rules , comment 3.3.2. on R. 2:10-2 (2016). In clear, understandable language, the jury charge should explain ... physician: "(1) deviation from the standard of care (medical malpractice); (2) lack of informed consent; and (3) battery." Howard v. ...

docket:	a3390-14
court:	NJ Superior Court Appellate Division
decided:	2016-12-19
status:	unpublished
citation:
Document Size:	37870

3990 DANIEL JUNIOR v. CHRISTINE DEZAO -- rank: 298

... Eric S. Solotoff argued the cause for appellant (Fox Rothschild, L.L.P., attorneys; Mr. Solotoff and Robert A. Epstein, on the ... filed a motion for reconsideration pursuant to Rule 4:49-2. Plaintiff reiterated that he was entitled to modification based upon ... 2012, seeking review of only the August 17, 2012 order. 2 We limit our review to that order. See W.H ... emphasis omitted) (quoting Pressler, Current N.J. Court Rules , Comment 2 on R. 4:49-2 (2005)); and see Fusco v. Board of Ed. , 349 ...

docket:	a0557-12
court:	NJ Superior Court Appellate Division
decided:	2014-01-16
status:	unpublished
citation:
Document Size:	29219