Search Rutgers Law Library N.J. Court Opinions

4096 CYNTHIA MILLER v. BOARD OF TRUSTEES PUBLIC EMPLOYEES' RETIREMENT SYSTEM -- rank: 285

... the credentials and opinion of the Board's expert and (2) the ALJ's findings of fact are not adequately supported ... denied , 449 U.S 983 , 101 S. Ct. 400 , 66 L. Ed.2d 245 (1980). The burden of showing the agency's ... showing that (1) the agency did not follow the law; (2) the decision was arbitrary, capricious, or unreasonable; or (3) the ... have reached a different result itself." Clowes v. Terminix Int'l, Inc. , 109 N.J. 575 , 588 (1988). If, however, our ... not entitled to judicial deference and must be set aside. L.M. v. Div. of Med. Assistance & Health Servs. , 140 ...

docket:	a1518-12
court:	NJ Superior Court Appellate Division
decided:	2014-08-06
status:	unpublished
citation:
Document Size:	26698

4097 WOODLAKE AT KING'S GRANT CONDOMINIUM ASSOCIATION, INC v. CHRISTOPHER COUDRIET -- rank: 285

... judicial function and violative of public policy. Barclays Bank, P.L.C. v. Davidson Ave. Assocs. , 274 N.J. Super. 519 ... Law of Mortgages § 22.3, at 152-53 (2d ed. 2000)[hereinafter Law of Mortgages ]. A mortgagee in a foreclosure ... mortgagee's reasonable need for protection. See N.J. Nat'l Bank & Trust Co. v. Morris , 9 N.J. Misc. 444 ... at 520; see also Law of Mortgages , supra , § 22.2 at 148-49 (summarizing the historical evolution of the test ... the mortgage security when compared to the outstanding mortgage debt; (2) the inability of the mortgagor to pay the debt; (3 ... of the property. Law of Mortgages , supra , §§ 22.2 at 148-50, 22.8 at 158; cf. Restatement ( ...

docket:	a2497-12
court:	NJ Superior Court Appellate Division
decided:	2014-04-01
status:	unpublished
citation:
Document Size:	19123

4098 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status:	Unpublished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

4099 STATE OF NEW JERSEY v. ANTHONY CANTEY -- rank: 285

... persons hindering apprehension, N.J.S.A. 2C:43-7.2, on the robbery conviction and imposed a concurrent six-month ... recalled defendant taking a bus home from work on May 2, 2003 between 7:00 a.m. and 7:15 a ... vigorous and forceful closing arguments to juries[,]" State v. Frost , 158 N.J. 76 , 82 (1999), and are afforded "considerable leeway" in their remarks, State v. Smith , 167 N.J. 158 , 177 (2001). "A prosecutor may argue that a witness is ... that [they] deprived [] defendant of a fair trial." Frost , supra , 158 N.J. at 83. Here, we discern no impropriety in ... an error "clearly capable of producing an unjust result." R. 2:10-2; see also State v. Macon , 57 N. ...

docket:	a2127-06
court:	NJ Superior Court Appellate Division
decided:	2009-11-16
status:	unpublished
citation:
Document Size:	51610

4100 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

4101 STEPHEN WALSH VS STATE OF NEW JERSEY, DEPT. OF THE PUBLIC ADVOCATE -- rank: 285

... On appeal from Superior Court, Law Division, Hudson County.         Perry L. Lattiboudere, Deputy Attorney General, argued the cause for appellants (Deborah ... was not content in private practice, Ellen Koblitz, See footnote 2 the Deputy Public Defender in charge of the Hudson region ... letter to Smith dated July 18, 1989, Koblitz "strongly recommend[ed]" Walsh for a promotion. Smith denied the promotion on the ... Wilfredo Carabello) denied the request. See footnote 5     On December 2, 1993, Walsh filed a verified complaint in lieu of prerogative ... pleasure of the Public Defender, N.J.S.A. 2A:158-6, and the requirement that any recommended promotion be approved ... rejected for the reasons later explained in this decision. Footnote: 2 Ellen Koblitz is now a judge of the Superior ...

docket:	a3884-94
court:	njappellate
decided:	1996-04-23
status:	published
citation:	290 N.J.Super. 1
Document Size:	39529

4102 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

4103 JEROME BODDY v. CIGNA PROPERTY and CASUALTY COMPANIES, -- rank: 285

... Defendant,     and ATLANTIC EMPLOYERS' INSURANCE COMPANY,         Defendant-Respondent. ___________________________________         Argued October 2, 2000 - Decided October 30, 2000         Before Judges Petrella and Braithwaite ... the Act), specifically under N.J.S.A. 56:12-2 as to insurance policies. The Act lists various guidelines that ... under his homeowners' policy.     Boddy relies on Gibson v. Callaghan , 158 N.J. 662 , 677 (1999), to support his argument that ... be resolved against the insurance company. Gibson v. Callaghan , supra (158 N.J. at 670). Furthermore, "in the absence of a ... 251 (App. Div. 1994); see also Gibson v. Callaghan , supra (158 N.J. at 670).     In Daus , we addressed whether a ... use. See Rogets's International Thesaurus , 145-146, 214 (3d ed. 1962). Thus, motorcycles and automobiles are types of "motorized ...

docket:	a6617-98
court:	njappellate
decided:	2000-10-30
status:	published
citation:	334 N.J.Super. 649
Document Size:	23764

4104 STATE OF NEW JERSEY v. ROSS FINESMITH -- rank: 285

... argued the cause for appellant (Brickfield & Donahue and Fox Rothschild, L.L.P., attorneys; Mr. Brickfield and Alain Leibman, of counsel and ... denied , 532 U.S. 971 , 121 S. Ct. 1601 , 149 L. Ed.2d 468 (2001); United States v. Gerber , 994 F.2d ... U.S. 431 , 444, 104 S. Ct. 2507 , 2509, 81 L. Ed.2d 377 , 387-88 (1984). Put another way, although ...

docket:	a1056-08
court:	NJ Superior Court Appellate Division
decided:	2009-04-21
status:	published
citation:	406 N.J. Super. 510 968 A.2d 715
Document Size:	68035

4105 VALLEY HOSPITAL v. ROBERT LAUBSHIRE, et al. -- rank: 285

... Court of New Jersey, Law Division, Bergen County, Docket No. L-9224-04. Robert Laubshire and Lucy Laubshire, appellants pro se ... App. Div. 1992), we exercise our authority granted under Rule 2:10-5, in an effort to reach finality and otherwise ... N.J. Court Rules , comment 4 on R. 1:1-2 (2006)). We reiterate that "the Best Practices guidelines are not ... to assure litigation reaches conclusion. Leitner v. Toms River Reg'l Schs . , __ N . J. Super. __ , __ (App. Div. 2007) (slip opinion at ... the trial court lacked personal jurisdiction over defendants, citing Int'l Shoe v. Washington , 326 U.S. 310 , 316, 66 S. Ct. 154 , 158, 90 L. Ed. 95 , 102 (1945), is not properly ...

docket:	A4018-05
court:	NJ Superior Court Appellate Division
decided:	2007-05-09
status:	unpublished
citation:
Document Size:	32164

4106 NEW JERSEY REAL ESTATE COMMISSION v. MUHAMMAD A. NASIR -- rank: 285

... Argued April 10, 2008 - Decided Before Judges Parrillo and S.L. Reisner. On appeal from the New Jersey Real Estate Commission ... Samuel C. Inglese argued the cause for appellant (Mezzacca & Kwasnik, L.L.C. attorneys; Mr. Inglese, of counsel and on the brief ... 6060-04T1 (App. Div. Jan. 30, 2007) (slip op. at 2, 6). In doing so, we directed the Commissioner to "more ... are: (1) the good or bad faith of the defendant, (2) the defendant's ability to pay, (3) the amount of ... not deny the findings of the trial court. Under factors 2 and 3, ability to pay and amount of profits ...

docket:	A0907-06
court:	NJ Superior Court Appellate Division
decided:	2008-04-25
status:	unpublished
citation:
Document Size:	32381

4107 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

4108 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

4109 IN THE MATTER OF THE ACQUISITION OF PARCELS 13A AND X13B, BLOCK 742.2, LOTS #3. <a href= -- rank: 285

... OF THE ACQUISITION OF PARCELS 13A AND X13B, BLOCK #742.2, LOTS #3. 02 AND 3 .03, TOWNSHIP OF PISCATAWAY, MIDDLESEX ... A. 27:7-72 TO -88. We affirm. Mamchur owned 2.63 acres, consisting of two contiguous lots located at 546 ... Mr. Mamchur is entitled to receive an added amount of $2,020.00 to cover his title insurance, recording and survey ... the ALJ concluded that Mamchur's "replacement home costs exceed[ed] the acquisition fee received by $62,020[,]" which "price differential ... 352 N.J. Super. 285 , 306 (App. Div.), certif. denied , l 74 N.J. 366 (2002). We defer to the fact ... the agency in interpreting its regulations, see R & R Mktg., L.L.C. v. Brown-Forman Corp. , 158 N.J. ...

docket:	a0906-08
court:	superior court appellate division
decided:	2010-07-20
status:	Unpublished
citation:
Document Size:	25556

4110 BARRY ASSOCIATES, LLC v. 300 ALLENHURST, LLC -- rank: 285

... fees. N. Bergen Rex Transp., Inc. v. Trailer Leasing Co. , 158 N.J. 561 , 569 (1999) (citations omitted). Nonetheless, a prevailing ... obtained.'" Id. at 386 (quoting N. Bergen Rex Transp. , supra , 158 N.J. at 570). A fee award will be "'justified ... th[at] relief.'" Ibid. (quoting N. Bergen Rex Transp. , supra , 158 N.J. at 570). In this regard, "the relationship between ... U.S. 424 , 434, 103 S. Ct. 1933 , 1940, 76 L. Ed.2d 40 , 51 (1983)). The court is required to make ...

docket:	a0719-10
court:	NJ Superior Court Appellate Division
decided:	2011-11-23
status:	unpublished
citation:
Document Size:	16118