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4051 /usr/local/share/www/libweb/collections/courts/appellate/a1765-14.opn.html -- rank: 293

... in violation of N.J.S.A. 2C:12-1b(2); two counts of third-degree possession of a weapon for ... On appeal, defendant presents the following issues for our consideration: 2 POINT 1 THE COURT BELOW ERRED BECAUSE THE FACTUAL BASIS FAILED TO INCLUDE ALL ELEMENTS OF THE OFFENSE. 2 POINT 2 THE COURT BELOW ERRED BY FINDING THAT A FACTUAL BASIS ... A BROAD, UNSPECIFIED AFFIRMATION THAT "HE DOES NOT DISPUTE DISCOVERY." 2 POINT 3 THE COURT BELOW ERRED BY NOT FULLY OR ... a factual basis for the [guilty] plea." R. 3:9-2. The factual basis for the plea can be established ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	34745

4052 STATE OF NEW JERSEY v. QUAHEEM S. GREEN -- rank: 291

... Deputy Public Defender, of counsel and on the brief). John L. Molinelli, Bergen County Prosecutor, attorney for respondent (Catherine A. Foddai ... for second-degree burglary, N.J.S.A. 2C:18-2, and third-degree unlawful possession of a handgun, N.J ... Early Release Act, N.J.S.A. 2C:43-7.2, and remaining charges were dismissed. In this appeal, defendant argues ... 171 N.J. 561 , 572 (2002); see State v. Caliguiri , 158 N.J. 28 , 37 (1999); State v. Bender , 80 N ... Jersey, Pressler and Verniero, Current N.J. Court Rules , Guideline 2 at 1143 (2014). In Caliguiri , the State argued that "if ... ineligible for PTI when the crime . . . requires incarceration." Caliguiri , supra , 158 N.J. at 38-39. The Court rejected this ...

docket:	a4456-11
court:	NJ Superior Court Appellate Division
decided:	2014-01-29
status:	unpublished
citation:
Document Size:	23871

4053 MICHELLE PALANQUE v. MARGARET LAMBERT-WOOLLEY, M.D., -- rank: 291

... case can also be found at 327 N.J. Super. 158 . NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION ... from an expert prior to instituting suit, and thereafter obtain[ed] an affidavit of merit prior to the running of the ... 461 (App. Div. 1999), and Hyman Zamft & Manard v. Cornell, L.L.C. , 309 N.J. Super. 586 (App. Div. 1998), for ... days) of the answer as required by statute. See footnote 2 2 She further submits that the "extraordinary circumstances [exception permitted ...

docket:	a2714-98
court:	njappellate
decided:	2000-01-05
status:	published
citation:	327 N.J.Super. 158
Document Size:	27190

4054 KENNETH JOHNSON v. STATE OF NEW JERSEY -- rank: 291

... Court of New Jersey, Law Division, Mercer County, Docket No. L-1265-01. Daniel Louis Grossman argued the cause for appellant ... discriminatory or harassing events represents a single cause of action[.]" 158 N.J. 263 , 273 (1999). Plaintiff suggests his hostile work ... U.S. 792 , 802, 93 S. Ct. 1817 , 1824, 36 L. Ed.2d 668 , 677-78 (1973). Under that procedure: (1) the ... sufficient evidence to constitute a prima facie case of discrimination; (2) the defendant then must show a legitimate non-discriminatory reason ... do not warrant further discussion in a written opinion. R. 2:11-3(e)(1)(E). Affirmed. 1 This matter ...

docket:	a1340-11
court:	NJ Superior Court Appellate Division
decided:	2013-07-03
status:	unpublished
citation:
Document Size:	18984

4055 STATE OF NEW JERSEY v. KARON D. TOWNES -- rank: 291

... his relationship with A.O. leading up to the shooting. 2 Although the judge found some proffered areas of questioning were ... impermissibly vouched for the credibility of the State's witnesses; (2) "denigrated" and "disparaged" the defense; and (3) commented on facts ... denied , 552 U.S. 1146 , 128 S. Ct. 1074 , 169 L. Ed.2d 817 (2008). To that end, reversal is justified when ... because of the magnitude of the charges, State v. Frost , 158 N.J. 76 , 85 (1999); had no motive to lie ... judge's actions appropriate and unlike those in Frost , supra , 158 N.J. at 86 (holding trial judge erred in ...

docket:	a0228-14
court:	NJ Superior Court Appellate Division
decided:	2016-05-24
status:	unpublished
citation:
Document Size:	28788

4056 PATRICIA JACKSON v. BOARD OF REVIEW DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT -- rank: 291

... employment voluntarily without good cause attributable to the work; and 2) as of October 26, 2008, through November 22, 2008, pursuant ... of the evidence by the appellate court. In re Taylor , 158 N.J. 644 , 656 (1999). The appellate court must accord ... Brandt , 459 U.S. 962 , 103 S. Ct. 286 , 74 L. Ed.2d 272 (1982). Thus, the determinations of the administrative agencies ... have reached a different result. Ibid. ; Clowes v. Terminix Int'l, Inc. , 109 N.J. 575 , 588 (1988). Simply put, unless ... merit to warrant a discussion in a written opinion. R. 2:11-3(e)(1)(D) and (E). Nevertheless, we ...

docket:	a5660-08
court:	NJ Superior Court Appellate Division
decided:	2010-11-29
status:	unpublished
citation:
Document Size:	13707

4057 STATE OF NEW JERSEY v. ANDRE M HORNE -- rank: 291

... for second-degree eluding, N.J.S.A. 2C:29-2(b). We affirm the conviction, but remand for re-sentencing ... turn in its deliberations." State v. Martin , 119 N.J. 2 , 15 (1990). Indeed, "[s]o critical is the need for ... v. Afanador , 151 N.J. 41 , 54 (1997) (citing R. 2:10-2). We conclude there was no error, let alone plain error. Pursuant to N.J.S.A. 2C:29-2(b), second-degree eluding is committed when: Any person, while ... N.J.S.A. 2C:11-1a." State v. Wallace , 158 N.J. 552, 558 (1999); see also State v. ...

docket:	a4498-13
court:	NJ Superior Court Appellate Division
decided:	2016-10-11
status:	unpublished
citation:
Document Size:	27738

4058 STATE OF NEW JERSEY v. JOSEPH A. LICCIARDELLO -- rank: 291

... of counsel and on the brief). PER CURIAM On April 2, 2014, a Gloucester County grand jury returned an indictment charging ... problem" was Inadmissible Under N.J.R.E. 404(a). 2. Evidence That [Defendant] has a "bad temper" causing him to ... the December 2015 trial, at which the victim, V.P., 2 and Sergeant John Gigante of the Deptford Township Police Department ... doing was wrong." Defendant further stated he was not "gross[ed] out" that V.P. had her period, and elaborated: "I ... redacted statement at trial or request any limiting instructions. R. 2:10-2. Under that standard, "[a]ny error or omission shall ...

docket:	a2651-15
court:	NJ Superior Court Appellate Division
decided:	2017-06-22
status:	unpublished
citation:
Document Size:	34274

4059 MICHELE BAILEY-HOROVITS v. LONG BRANCH CITY -- rank: 291

... preparing his report, but mistakenly described it as having "4.2" bathrooms, which he claimed was a typographical error. Schubert stated ... s case, defendant moved for dismissal under Rule 4:37-2(b), asserting that plaintiff failed to meet her burden of ... presented in the cost approach. The land valuation remained at $2,559,500 while the improvements came to $1,753,900 ... RECORD AND CONSTITUTES REVERSIBLE ERROR. On a Rule 4:37-2(b) motion, "'[t]he trial court is not concerned with ... 378 (Tax 1998) (quoting Dolson v. Anastasia , 55 N.J. 2 , 5-6 (1969)). The Tax Court employs the same standard ... an authority titled Real Property Appraisal Manual For Assessors (3d Ed. 2002) for the contention that a property card is ...

docket:	a0748-12
court:	NJ Superior Court Appellate Division
decided:	2014-02-20
status:	unpublished
citation:
Document Size:	32722

4060 DIVISION OF CHILD PROTECTION AND PERMANENCY v. D.M. -- rank: 291

... record. In 1998, the Division of Child Protection and Permanency 2 (Division) substantiated allegations of physical abuse stemming from a January ... decision of an administrative agency is limited. In re Taylor , 158 N.J. 644 , 656 (1999). We review administrative decisions to ... whether: (1) the decision violates express or implied legislative policies; (2) is unsupported by substantial evidence in the record; and (3 ... denied , 449 U.S. 983 , 101 S. Ct. 400 , 66 L. Ed.2d 245 (1980), we owe no deference to an agency ... hearing. N.J.A.C. 3A:5-4.3(a)(2). Under the Administrative Procedure Act, N.J.S.A. ...

docket:	a1139-15
court:	NJ Superior Court Appellate Division
decided:	2017-09-22
status:	unpublished
citation:
Document Size:	47711

4061 RODNEY H. GILYARD v. KELLY A. HICKS-GILYARD -- rank: 291

... related to the sale of the home.' A-2810-19 2 Notably, paragraph eighteen provided: Wife shall pay the mortgage, insurance ... thirty-six and thirty-seven provided that each party 'accept[ed] the provisions [in the MSA] . . . in lieu of and in ... to equitable distribution,' and paragraph seven acknowledged the agreement 'represent[ed] a compromise of the [p]arties' various positions.' In paragraph ... ordered '[t]he parties . . . [to] execute a quitclaim deed by 2 November 1, 2019.' In an accompanying written opinion, the judge ... her if the property was not sold.' The judge stated: 2 The order also denied plaintiff's motion to terminate his ... the October 21, 2019 order pursuant to Rule 4:49-2. In a supporting certification, defendant confirmed when the parties ' ...

docket:	a2810-19
court:	NJ Superior Court Appellate Division
decided:	2021-09-15
status:	Unpublished
citation:
Document Size:	30361

4062 WILLIAM HNATT v. PATRICIA GANT -- rank: 291

... Court of New Jersey, Law Division, Ocean County, Docket No. L-2995-06-PW. Joseph Michelini argued the cause for appellant ... 7.5 zone, is a buildable lot under Section 190-158.B of the Township Code. No zoning variance is required ... dated November 21, 1995 is no longer valid. Section 190-158.B of the Township Code was repealed on May 14 ... the municipality took no action to set aside the conveyances"; (2) defendants "have never owned any lot contiguous" to lot 15 ... variance is not granted -- the so-called positive criteria; and (2) that the variance will not result in a substantial detriment ... be without merit, not warranting discussion in this opinion. R. 2:11-3(e)(1)(E). As to defendants' cross- ...

docket:	a1743-07
court:	NJ Superior Court Appellate Division
decided:	2008-11-13
status:	unpublished
citation:
Document Size:	49880

4063 FRANK BARKOSKY III v. WEBER'S TRAINING SCHOOL -- rank: 291

... Court of New Jersey, Law Division, Mercer County, Docket No. L-0786-21. Sweeney & Sheehan, PC, attorneys for appellants (Gaetano Mercogliano ... failure to state a claim pursuant to Rule 4:6-2(e). Relying on New Jersey's dog bite statute, A-3142-21 2 N.J.S.A. 4:19-16, defendants contend the ... counterclaim and third-party complaint pursuant to Rule 4:6-2(e), arguing defendants' claims were precluded by the parental-immunity ... de novo, applying the same standard under Rule 4:6-2(e) that governed the motion court.' Wreden v. Twp. of ... 1) 'the defendant must be the owner of the dog[;]' (2) 'the dog must have bitten the injured party[;]' and ( ...

docket:	a3142-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-23
status:	Unpublished
citation:
Document Size:	30103

4064 IN THE MATTER OF KELLY KIETUR -- rank: 291

... Ad Litem,     Gilma Kietur (John M. Blume, of counsel;     Daryl L. Zaslow, on the brief).     The opinion of the court was ... August 28, 1980 birth. From August 4, 1981, through December 2, 1986, DMAHS claimed it disbursed $24,640.78 for the ... 16,493.79 to Blume Goldfaden for reimbursement of costs; (2) $95,879.05 to Blume Goldfaden for attorneys' fees; and ... v. Candia , 317 N.J. Super. 464 , 470, certif. granted , 158 N.J. 686 (1999). This "program is administered jointly by ... U.S. 297 , 301, 100 S. Ct. 2671 , 2680, 65 L. Ed.2d 784 , 794 (1980); Waldman , supra , 317 N.J. ...

docket:	a5163-98
court:	njappellate
decided:	2000-06-14
status:	published
citation:	332 N.J.Super. 18
Document Size:	30846

4065 ROBERT BOWMAN v. DEPARTMENT OF CORRECTIONS -- rank: 291

... Seg[regation]." After interviewing Bowman, Schullery concluded that Bowman "suffer[ed] from a mental illness at the time of the alleged ... U.S. 471 , 480, 92 S. Ct. 2593 , 2600, 33 L. Ed.2d 484 , 494 (1972)). "The due-process rights of convicted ... are exceptional circumstances." N.J.A.C. 10A:4-9.2. However, even when exceptional circumstances are not present, the failure ... consider the following factors: (1) the length of the delay; (2) the reason for the delay; (3) the prejudice to the ... in the record to support the decision. In re Taylor , 158 N.J. 644 , 656 (1999); Johnson v. N.J. ...

docket:	a1062-10
court:	NJ Superior Court Appellate Division
decided:	2011-11-21
status:	unpublished
citation:
Document Size:	18809