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4081 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. D.T.B. -- rank: 288

... November 29, 2010 – Decided Before Judges Rodríguez, C.L. Miniman and LeWinn. On appeal from the Superior Court of ... he still considered himself to be her father. Mark Singer, Ed.D., a psychologist, evaluated D.T.B. He reported that ... impede T.J.G.'s transition from his foster home. 2 Both birth parents gave brief testimony. D.T.B. testified ... or will continue to be endangered by the parental relationship; (2) The parent is unwilling or unable to eliminate the harm ... formal proceedings have begun." In re Guardianship of C.M. , 158 N.J. Super. 585 , 591 (Cty. Ct. 1978). Here, neither ... counsel's absence. Pursuant to the plain error standard, Rule 2:10-2, we conclude that I.G. suffered no ...

docket:	a2603-09
court:	superior court appellate division
decided:	2010-12-27
status:	unpublished
citation:
Document Size:	37209

4082 STATE OF NEW JERSEY v. HASSAN MOORE -- rank: 288

... subject to the plain error standard of review under Rule 2:10-2 because no objections were raised at trial regarding those issues ... to a fair trial. See, e.g. , State v. Frost , 158 N.J. 76 , 85 (1999); State v. Goode , 278 N ... denied , 534 U.S. 858 , 122 S. Ct. 136 , 151 L. Ed.2d 89 (2001).] We conclude there was no error, much ... errors were "clearly capable of producing an unjust result." R. 2:10-2; see State v. Torres , 183 N.J. ...

docket:	a1697-08
court:	superior court appellate division
decided:	2010-09-30
status:	unpublished
citation:
Document Size:	43503

4083 FELIPE RAMOS V. M & F FASHIONS, INC. V. SECOND INJURY FUND -- rank: 285

... appellant (Peter Verniero, Attorney General of New Jersey, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel; Ms. Schober, on the ... petitioner, Felipe Ramos, was totally and permanently disabled, with 66-2/3" fault apportioned to M & F Fashions, Inc. ("M & F ... was compensable and petitioner totally and permanently disabled, with 66-2/3" fault apportioned to respondent M & F, and the balance ... during his initial testimony, by submission of pay stubs, W-2 forms, or other income or tax records and, therefore, could ... Practice, Workers' Compensation Law Sec.8.1 at 227 (Jon L. Gelman) (rev. 2d ed. 1994). Specifically,     "Arising out of" is related to the ...

docket:	a4147-95
court:	njappellate
decided:	1997-06-11
status:	published
citation:	302 N.J.Super. 24
Document Size:	26917

4084 PAUL J. CARR v. THE TOWNSHIP OF STAFFORD -- rank: 285

... from Superior Court of New Jersey, Law Division, Monmouth County, L-1763-05. Samuel J. Halpern argued the cause for appellant ... or order as a matter of law." R. 4:46-2(c). When considering the motion, the court must give the ... 792 , 802-04, 93 S. Ct. 1817 , 1824-25, 36 L. Ed.2d 668 , 677-79 (1973); Viscik v . Fowler Equip . Co ... must show (1) that he is in a protected class; (2) that he was performing his job at a level that ... the same work after he left. Clowes v. Terminix Int'l, Inc. , 109 N.J. 575 , 597 (1988). In the ...

docket:	a4011-06
court:	NJ Superior Court Appellate Division
decided:	2008-07-14
status:	unpublished
citation:
Document Size:	36212

4085 STATE OF NEW JERSEY v. HAROLD DAWES -- rank: 285

... D. Laurino, Acting Essex County Prosecutor, attorney for respondent (Luanh L. Lloyd, Assistant Prosecutor, of counsel and on the brief). PER ... Early Release Act, N.J.S.A. 2C:43-7.2. The judge imposed a concurrent five-year term on count ... denied , 488 U.S. 1017 , 109 S. Ct. 813 , 102 L. Ed.2d 803 (1989). There was no mistaken exercise of discretion ... Alaska , 415 U.S. 308 , 94 S. Ct. 1105 , 39 L. Ed.2d 347 (1974), but there was no basis for ...

docket:	a5197-07
court:	superior court appellate division
decided:	2010-03-09
status:	Unpublished
citation:
Document Size:	41490

4086 STATE OF NEW JERSEY v. RYAN I. BUNTY -- rank: 285

... the case, N.J.S.A. 2C:43-12(e)(2); the needs and interests of society, N.J.S.A ... Kelsey , 200 N.J. 507 , 512-13 (2009); Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. 366 ... a 'patent and gross abuse of discretion.'" State v. Caliguiri , 158 N.J. 28 , 37 (1999) (quoting Wallace , supra , 146 N ... Cnty. Prosecutor , 171 N.J. 561 , 572 (2002); Caliguiri , supra , 158 N.J. at 37; State v. Bender , 80 N.J ... sole basis for rejecting an applicant from PTI. Caliguiri , supra , 158 N.J. at 36; Leonardis II , supra , 73 N.J ... the nature of the offense is presumptively disqualifying, Caliguiri , supra , 158 N.J. at 36, that presumption does not end ...

docket:	a2745-12
court:	New Jersey Superior Court Appellate Division
decided:	2014-11-11
status:	Published
citation:
Document Size:	30726

4087 STATE OF NEW JERSEY v. ERIC JAMES -- rank: 285

... Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant appeals from the judgment of conviction entered on December ... one); first-degree carjacking, N.J.S.A. 2C:15-2 (count two); second-degree aggravated assault, serious bodily injury, N ... deadly weapon, N.J.S.A. 2C:12-1(b)(2) (count four); fourth-degree unlawful possession of a weapon, a ... 80, 96 (2004) (citing State v. Smith , 167 N.J. 158 , 177 (2001)). "Not every improper prosecutorial statement will warrant a ... defendant of a fair trial.'" Ibid. (quoting State v. Frost , 158 N.J. 76 , 83 (1999) (alteration in original)). The reviewing ... counsel made timely and proper objections to the improper remarks; (2) whether the remarks were withdrawn promptly; and (3) whether ...

docket:	a4049-11
court:	NJ Superior Court Appellate Division
decided:	2013-09-23
status:	unpublished
citation:
Document Size:	28069

4088 LARRY RUSH v. NEW JERSEY DEPARTMENT OF CORRECTIONS -- rank: 285

... aggravated assault, N.J.S.A. 2C:12-1(b)(2), and fourth-degree cruelty and neglect of children, N.J ... status. Our scope of review is limited. In re Taylor , 158 N.J. 644 , 656 (1999). Ordinarily, we will reverse the ... U.S. 472 , 480, 115 S. Ct. 2293 , 2298, 132 L. Ed.2d 418 , 427 (1995). Based on that principle, we have ... escaped. N.J.A.C. 10A:9-4.6(o)(2), (3). However, the Department has expressly retained the discretion to ... sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(1)(D). Affirmed. 1 "ITAG" apparently ...

docket:	a2630-15
court:	NJ Superior Court Appellate Division
decided:	2017-01-26
status:	unpublished
citation:
Document Size:	11813

4089 SOUTH JERSEY HEALTH SYSTEM, INC. v. FRANK A. GAROFOLO -- rank: 285

... GROUP, LONGSHORE & GAROFOLO, INC., LONGSHORE*SIMMONS*GAROFOLO, Defendants. ________________________________________________________________ Argued November 2, 2005 - Decided Before Judges Conley and Weissbard. On appeal from ... Superior Court of New Jersey, Law Division, Cumberland County, CUM-L-130-04. Todd W. Heck argued the cause for appellant ... Basile & Testa, attorneys; Todd W. Heck, on the brief). Jerry L. Tanenbaum argued the cause for respondent (Schnader Harrison Segal & Lewis ... 1. I am a named defendant in the within action. 2. I am the sole owner of the defendants Longshore & Simmons ... affidavit satisfying the requirements of R. 4:4-5(c)(2) is filed with the court noting that an inquiry had ... U.S. 306 , 314, 70 S. Ct. 652 , 657, 94 L. Ed 865 , 873 (1950)). We conclude that the service ...

docket:	A0717-04
court:	NJ Superior Court Appellate Division
decided:	2005-12-12
status:	unpublished
citation:
Document Size:	51841

4090 STATE OF NEW JERSEY v. BRIAN J. SMITH -- rank: 285

... County, Municipal Appeal No. 06-10. The Ritter Law Office, L.L.C., attorneys for appellant (Matthew W. Ritter, Assigned Counsel, on ... J. 54, 65, cert. denied , U.S. , 129 S. Ct. 158, 172 L. Ed. 2d 41 (2008). As a pre-condition to the admissibility ...

docket:	a5427-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-19
status:	unpublished
citation:
Document Size:	16289

4091 RAYMOND S. NADEL v. MORRIS STARKMAN, et al. -- rank: 285

... Superior Court of New Jersey, Chancery Division, Camden County, C-158-04. Robert N. Agre argued the cause for appellant. Kenneth ... brief). PER CURIAM Defendant, Morris Starkman, appeals from an August 2, 2005, order that denied his motion for summary judgment and ... Chem., Inc. , 160 N.J. 352 , 372 (1999); Manalapan Realty , L.P . v. T w p. Comm . of Manalapan , 140 N ... U.S. 242 , 252, 106 S. Ct. 2505 , 2512, 91 L. Ed.2d 202 , 214 (1986)), summary judgment is inappropriate. Ibid. The ... N.J. 20 , 27-28 (1954) (citing Corn Exch . Nat ' l Bank & Trust Co. v. Taubel , 113 N.J.L. ...

docket:	A0074-05
court:	NJ Superior Court Appellate Division
decided:	2006-11-09
status:	unpublished
citation:
Document Size:	41662

4092 STATE OF NEW JERSEY v. JEROME EDWARDS -- rank: 285

... a controlled dangerous substance (CDS) with intent to distribute (counts 2 and 5), in violation of N.J.S.A. 2C ... nearly eleven years, and had been involved in excess of 2,500 narcotics-related investigations resulting in more than 2,000 narcotics arrests. At 5:30 p.m., when they ... defense counsel requested that, in keeping with State v. Cromedy , 158 N.J. 112 (1999), the court charge the jury on ... required the giving of an instruction on cross-racial identification. 158 N.J. at 131. He also argues, as he did ... the giving of the requested charge is not required; and (2) a trained police officer's identification of a person ...

docket:	A0303-05
court:	NJ Superior Court Appellate Division
decided:	2007-01-31
status:	unpublished
citation:
Document Size:	68954

4093 ISLAND REALTY v. VAN DYK GROUP, INC. -- rank: 285

... Court of New Jersey, Law Division, Ocean County, Docket No. L-3289-05. Christopher P. Leise argued the cause for appellants (White and Williams, L.L.P., attorneys; Mr. Leise and Jared K. Levy, on the ... for amicus curiae National Association of Realtors (Michael R. Scully, L.L.C., attorneys; Mr. Napolitano, on the brief). Barry Goodman argued ... award was procured by corruption, fraud, or other undue means; (2) the court finds evident partiality by an arbitrator; corruption ...

docket:	a1407-06
court:	NJ Superior Court Appellate Division
decided:	2008-04-07
status:	published
citation:
Document Size:	43373

4094 MARCOS MACHADO v. GOLD'S GYM & AEROBIC FITNESS COMPLEX OF PRINCETON -- rank: 285

... Defendants, and VALLEY POOLS & SPAS, INC., Defendant-Respondent. ______________________________________________ Submitted June 2, 2008 - Decided Before Judges A. A. Rodríguez and C. L. Miniman. On appeal from the Superior Court of New Jersey, Law Division, Middlesex County, Docket No. L-2180-05. Calcagno & Associates, attorneys for appellant (Andrew J. Calcagno ... brief). PER CURIAM Plaintiff Marcos Machado appeals from the November 2, 2007 order granting summary judgment to defendant Valley Pools & Spas ... involve direct supervision or control of Machado's work; and (2) Machado's injuries were not foreseeable by Valley Pools. New ... in a common law master-servant relationship. Lowe v. Zarghami , 158 N.J. 606 , 615-16 (1999). This is determined ...

docket:	A1477-07
court:	NJ Superior Court Appellate Division
decided:	2008-06-19
status:	unpublished
citation:
Document Size:	48316

4095 DIVISION OF CHILD PROTECTION AND PERMANENCY v. E.E. -- rank: 285

... also be found at 449 N.J.Super. 443 or 158 A.3d 607. (NOTE: The status of this decision is ... in 2010; and P.G.W. ("Penny"), born in 2011. 2 The order also provided that defendant, whose visitation with the ... have unsupervised visits with the children until a specialist recommend[ed] that such visits [were] safe and in the children's ... life around and resumed complying with services. At an April 2, 2014 compliance hearing, the Division advised the trial judge that ... safe and in the children's best interest[s]"; and (2) "the matter may continue under an FD docket to resolve ... jury case is limited. Seidman v. Clifton Sav. Bank, S.L.A. , 205 N.J. 150 , 169 (2011). "The general ...

docket:	a5782-14
court:	NJ Superior Court Appellate Division
decided:	2017-04-07
status:	published
citation:	449 N.J.Super. 443 158 A.3d 607
Document Size:	41232