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3991 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status:	unpublished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

3992 IN THE MATTER OF KAROL HENNESSEY, COUNTY OF GLOUCESTER -- rank: 298

... to the charges, pursuant to N.J.A.C. 4A:2-2.5. The Board denied the petition, in a decision dated ... she was suspended from employment without a notice and hearing; (2) that the County's refusal to allow her to work ... evidence on the record as a whole. In re Taylor , 158 N.J. 644 , 657 (1999); Brady v. Bd. of Review ... denied , 449 U.S. 983 , 101 S. Ct. 400 , 66 L. Ed.2d 245 (1980). Furthermore, where there is more than ...

docket:	A0019-05
court:	NJ Superior Court Appellate Division
decided:	2007-06-27
status:	unpublished
citation:
Document Size:	29102

3993 MARIA GLAVAN v. CITY OF IRVINGTON -- rank: 298

... Court of New Jersey, Law Division, Essex County, Docket No. L-6270-02. Eldridge Hawkins, LLC, attorney for appellant. Bisceglie & DeMarco ... CEPA), N.J.S.A. 34:19-1 to -14 ; 2) dismissed with prejudice her claims brought pursuant to the New ... made more difficult because of the numerous violations of Rule 2:6-2(a)(4) contained in plaintiff's brief. Despite the Rule ... to documents in the record. Plaintiff's appendix violates Rule 2:6-1(a)(1) because it does not include "all ... parties filed with that court in direct violation of Rule 2:6-1(a)(2). We therefore have attempted to ...

docket:	a2211-06
court:	NJ Superior Court Appellate Division
decided:	2008-07-25
status:	unpublished
citation:
Document Size:	54838

3994 DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.H. -- rank: 298

... 13. Joseph E. Krakora, Public Defender, attorney for appellant (Sarah L. Monaghan, Designated Counsel, on the briefs). Christopher S. Porrino, Attorney ... pseudonyms throughout the opinion to keep the parties' identities confidential. 2 A-2052-15T1 school year.2 The school's written response to the Division's request ... for some period. Defendant refused to bring her daughter for 2 Based on documentary evidence, the judge determined the number was ... review.' N.J. Div. of Youth & Family Servs. v. G.L., 191 N.J. 596, 605 (2007) (quoting In re Guardianship ... and Families, Division of Youth and Family Services v. A.L., 213 N.J. 1, 27 (2013), in support of ...

docket:	a2052-15
court:	NJ Superior Court Appellate Division
decided:	2018-03-08
status:	unpublished
citation:
Document Size:	44272

3995 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

3996 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

3997 GEORGE WARNER and MARGARET WARNER, his wife v. SOVEREIGN BANK -- rank: 298

... Court of New Jersey, Law Division, Monmouth County, Docket No. L-1642-11. George Warner and Margaret Warner, appellants pro se ... the light most favorable to plaintiffs, see R. 4:46-2(c); Brill v. Guardian Life Ins. Co. of Am. , 142 ... a foreclosure action was commenced against them in November 2009. 2 Plaintiffs contend that defendant never made any serious efforts to ... judgment, we apply the same standard under Rule 4:46-2(c) that governed the motion court. See Gray v. Caldwell ... Co. , 202 N.J. 369 , 382 (2010) (quoting Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. 366 ... Sanitation, Inc. v. Grinnell Haulers, Inc. , 294 N.J. Super. 158 , 170 (App. Div. 1996) (internal quotation marks omitted). However, " ...

docket:	a2744-12
court:	New Jersey Superior Court Appellate Division
decided:	2014-11-11
status:	Published
citation:
Document Size:	20672

3998 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

3999 DIANA BRUNELL v. WILDWOOD CREST POLICE DEPARTMENT, et al. -- rank: 298

... Department in Cape May County as a dispatcher. On June 2, 1995 she was on duty when an officer suffered a ... by Wildwood Crest. She was suspended from work on August 2. On August 9 she returned to work. On August 10 ... of degree in these cases. The DSM-IV-RT (4th ed.) § 509.81 at 468 (1994) published by the American Psychiatric ... states, in pertinent part:         Every claimant for compensation under Article 2 of this chapter (§ 34:15-7 et seq.) shall, unless ... a petition in duplicate with the division in Trenton, within 2 years after the date on which the accident occurred.... In ... N.J.S.A. 34:15-7.3. See footnote 2 2 This type of legislative exception may be a ...

docket:	A2044-00
court:	NJ Superior Court Appellate Division
decided:	2002-02-21
status:	published
citation:
Document Size:	37578

4000 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

4001 ANNUNZIATA COMPETIELLO v. TORRE A. PIZARRO -- rank: 298

... Court of New Jersey, Law Division, Essex County, Docket No. L-6618-08. Stephen A. Rudolph argued the cause for appellant ... jury selection to bar testimony of chiropractic treatment after July 2, 2008, as plaintiff had failed to provide treatment records past ... bills and dates of treatment, he stated, "If you need[ed] more information . . . an application should have been made for more ... sac. Number three, a very small central protrusion at L1-2, and four, multilevel degenerative changes." Owens testified that the abnormalities ... the right lower extremity." The lumbar herniation occurred at L1-2, L2-3, and L4-5 and the cervical abnormalities were ... sanctions, are (1) the absence of a design to mislead, (2) absence of the element of surprise if the evidence ...

docket:	a4019-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-21
status:	unpublished
citation:
Document Size:	51813

4002 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

4003 STATE OF NEW JERSEY v. LUCMANE DAZILME -- rank: 298

... J.S.A. 2C:35-5(a)(1) and (b)(2). At sentencing, the trial judge merged the fourth-degree offense ... 5144-04 (App. Div. June 29, 2007) (slip op. at 2-4), affirming defendant's convictions. 1 In the late evening ... 13, 2001 to "on or about" November 13, 2001; and (2) object to "prejudicial comments" by the State during summation. Defendant ... what is acceptable in a summation. See State v. Frost , 158 N.J. 76, 82 (1999) ("Prosecutors are afforded considerable leeway ... been clearly capable of producing an unjust result." (quoting R. 2:10-2). According to the Court, "the harmless error standard thus ...

docket:	a1525-10
court:	appellate
decided:	2013-03-11
status:	unpublished
citation:
Document Size:	20374

4004 RONALD LAROY v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 298

... James P. Rhatican argued the cause for appellants (Connell Foley, L.L.P., attorneys; Mr. Rhatican, of counsel and on the briefs ... three different types of regulated natural resources: (1) freshwater wetlands; (2) transition areas; and (3) inland open waters. The FWPA regulates ... waivers, including individual hardship waivers and individual special-activity waivers. 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 may not vacate an agency' ...

docket:	a0447-07
court:	NJ Superior Court Appellate Division
decided:	2009-01-28
status:	unpublished
citation:
Document Size:	30376

4005 MOISES HINOJO v. NEW JERSEY MANUFACTURERS INSURANCE COMPANY, -- rank: 298

... Court of New Jersey, Law Division, Union County, Docket No. L- 5701-97.              Thomas A. Sparno argued the cause for appellant ... for amicus curiae ATLA-NJ (Anne P. McHugh and Andrew L. Watson, on the brief).     The opinion of the court was ... to the same potential liability under the PLA. See footnote 2 2 II     NJM argues that the trial court erred in failing ... 162 (1996), rev'g on dissent , 276 N.J. Super. 158 , 160-61 (App. Div. 1994).     Our courts have recognized that ... Id. at 598 (quoting Dolson v. Anastasia , 55 N.J. 2 , 6 (1969)). A damages verdict "is not sacrosanct and ...

docket:	A0564-00
court:	NJ Superior Court Appellate Division
decided:	2002-07-12
status:	published
citation:	353 N.J. Super. 261 802 A.2d 551
Document Size:	44301