Search Rutgers Law Library N.J. Court Opinions

4051 C.M.K v. S.K -- rank: 293

... to Rule 1:38- 3(d)(1). A-1700-18T4 2 the 'parent of primary residence,' and defendant as the 'parent ... counsel noted he had received a draft document that 'attempt[ed] to incorporate' the settlement terms but 'there [was] going to ... be submitted to arbitration to the Beis Din of Mechon L'hoyroa, a Rabbinical Court, located in Monsey, New York. The ... of school might go to the parenting coordinator or nobody 2 A 'seruv' is a form of contempt of court order ... before the Rabbinical Court known as the Bais Din Machon L'Horah in Monsey, New York. The arbitration of claims between ... conference with the [c]ourt on this matter'; and 'request[ed] a sua sponte Order appointing the agreed upon parenting ...

docket:	a1700-18
court:	NJ Superior Court Appellate Division
decided:	2020-01-06
status:	Unpublished
citation:
Document Size:	27783

4052 IN THE MATTER GUARDIANSHIP OF NADIA JORDAN et al. -- rank: 293

... Kramer , 455 U.S. 745 , 102 S.Ct. 1388 , 71 L.Ed.2d 599 , 603, 606-17 (1982). This substantial burden of ... 157 N.J. 463 , 470-71 (1999); In re Taylor , 158 N.J. 644 (1999); State v. Johnson , 42 N.J ... or will continue to be endangered by the parental relationship;             (2) The parent is unwilling or unable to eliminate the harm ... concerns." Santosky v. Kramer , 455 U.S. at 769, 71 L.Ed 2 d at 617. II     The judge made no ...

docket:	A1125-00
court:	NJ Superior Court Appellate Division
decided:	2001-01-17
status:	published
citation:	336 N.J. Super. 270
Document Size:	17077

4053 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status:	unpublished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

4054 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

4055 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

4056 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

4057 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

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 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

4060 STATE OF NEW JERSEY v. DEWAYNE J. JOHNSON -- rank: 291

... Robert D. Bernardi, Burlington County Prosecutor, attorney for respondent (Bethany L. Deal, Assistant Prosecutor, of counsel and on the brief). PER ... in violation of N.J.S.A. 2C:12-1.2(a), a crime of the third degree; Possession of a ... in violation of N.J.S.A. 2C:12-1.2, a crime of the third degree; and Certain Persons Not ... Release Act ("NERA"), N.J.S.A. 2C:43-7.2. The sentence was to run "consecutively," not "concurrently" to the ... the charges and consequences of the plea. R. 3:9-2; State v. Kovack , 91 N.J. 476 , 484 (1982); accord ... finding that it was in compliance with R. 3:9-2 as well as Kovack and its progeny. Although the ...

docket:	a2661-12
court:	NJ Superior Court Appellate Division
decided:	2014-06-16
status:	unpublished
citation:
Document Size:	31053

4061 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

4062 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

4063 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

4064 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

4065 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