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4126 /usr/local/share/www/libweb/collections/courts/appellate/a1473-19.opn.html -- rank: 280

... Court of New Jersey, Law Division, Monmouth County, Docket No. L-3220-19. Leo H. Wagner, appellant pro se. Cleary Giacobbe ... guilty of official misconduct, N.J.S.A. 2C:30-2, due to their handling of the investigation A-1473-19 2 of the accident. Additionally, plaintiff filed a civilian complaint against ... sanctioning the officers. Additionally, plaintiff complained the municipal prosecutor 'steer[ed] clear of the actual facts of the accident' and the ... moved to dismiss the complaint pursuant to Rule 4:6-2; alternatively, they sought summary judgment against the plaintiff. On November ... in him or her, N.J.S.A. 59:3-2; the good faith execution or enforcement of law, N. ...

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4127 /usr/local/share/www/libweb/collections/courts/appellate/a2988-20.opn.html -- rank: 280

... parties stated they had 'concluded their business relationship' and 'wish[ed] to amicably resolve any and all disputes between them, and ... agreed that consideration would 'constitute the entire A-2988-20 2 amount of consideration provided to him under this Agreement' and ... and agree[d] that, as of the date he sign[ed] this Agreement, he ha[d] been properly paid for all ... proceed 'solely on its [m]otion to [d]ismiss for [l]ack of [j]urisdiction.' Petitioner's counsel agreed to those ... under normal circumstances, would have exceeded the [s]tatute of [l]imitations by almost nine months and would have resulted in ... included the fingers, and thereby extended the [s]tatute of [l]imitations.' Even though the hearing had been limited to ...

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court:	NJ Superior Court Law/Chancery Division
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4128 PEDRO CONCEPCION v. NEW JERSEY DEPARTMENT OF CORRECTIONS -- rank: 280

... appellant's request stating: "[t]his matter has been address[ed] repeatedly. There is no change in conditions that would warrant ... decision of an administrative agency is limited. In re Taylor , 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's ... sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(1)(E). Nevertheless, we add the following ... in 1993, appellant not having timely appealed that decision. R. 2:4-1(b). Appellant argues next that the DOC ...

docket:	a1899-07
court:	NJ Superior Court Appellate Division
decided:	2008-12-04
status:	unpublished
citation:
Document Size:	32870

4129 STATE OF NEW JERSEY v. MAHESHKUM PATEL -- rank: 280

... facts are not entitled to any special deference." Manalapan Realty, L.P. v. T w p. Comm. of Manalapan , 140 N ... sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(2). Defendant also argues in Point I that if we conclude ... marijuana, 384 U.S. 436, 86 S. Ct. 1602 , 16 L. Ed.2d 694 (1966) The Alcotest instrument used to test defendant ... J. 54 , 65, cert. denied , ___ U.S. ___, 129 S. Ct. 158 , 172 L. Ed.2d 41 (2008). The present matter ...

docket:	a3558-06
court:	njappellate
decided:	2009-02-26
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	29462

4130 STATE OF NEW JERSEY v. BOBBY JOHNSON -- rank: 280

... N.J. 54, cert. denied , U.S. , 129 S. Ct. 158 , 172 L. Ed 2 d 41 (2008), "the Alcotest machine that was used in ... in working order and had been inspected according to procedure; (2) the operator was certified; and (3) the test was administered ... and the credentials of the coordinator who performed the calibration; (2) the most recent New Standard Solution Report prior to ...

docket:	a5716-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-09
status:	unpublished
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Document Size:	19145

4131 ALL METRO HEALTH CARE SERVICES INC. v. GLENN EDWARDS -- rank: 280

... WORKERS PAYROLL SERVICES CORPORATION, and THE 1818 MEZZANINE FUND II, L.P., Plaintiffs-Appellants/ Cross-Respondents, and CIT HEALTHCARE, LLC, Plaintiff ... the cause for appellants/ cross-respondents 1818 Mezzanine Fund II, L.P (Lowenstein Sandler, attorneys; Mr. Thompson, of counsel and on ... buy-out and turned to The 1818 Mezzanine Fund II, L.P. ("1818") and CIT Healthcare, LLC ("CIT") to advance the ... related to . . . (emphasis added). The parties also agreed, in Paragraph 2, that until the Senior Debt was paid, the Subordinate Debt ... to different meanings. 11 Williston on Contracts , § 30:5 (Lord ed. 1999). As a general rule, all writings that are part ... same transaction will be construed as a single instrument. Anthony L. Petters Diner, Inc. v. Stellakis , 202 N.J. Super. ...

docket:	a4093-08
court:	superior court appellate division
decided:	2010-07-30
status:	unpublished
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Document Size:	55496

4132 STATE OF NEW JERSEY v. NICHOLAS CIPRIANO -- rank: 280

... terroristic threats, N.J.S.A. 2C:12-3 (Count 2). On the State's motion, defendant was sentenced to a ... Count 1 and a concurrent five-year term on Count 2. Defendant appeals, and we affirm. According to the State's ... and called 9-1-1. A subsequent audit revealed that $2,222 had been stolen from the bank. Monge provided police ... defendant. A search of defendant incident to his arrest uncovered $2,235.77 in his pants pocket. A subsequent search of ... merit to warrant extended discussion in a written opinion. R. 2:11-3(e)(2). We add, however, the following comments. I. Defendant contends, ...

docket:	a1054-07
court:	superior court appellate division
decided:	2010-03-08
status:	unpublished
citation:
Document Size:	45381

4133 1MARION JACOBS v. NEW JERSEY DEPARTMENT OF CORRECTIONS -- rank: 280

... 1(a). We affirm. I. The First Violation On November 2, 2010, Senior Corrections Officer (SCO) Elly 2 ordered Jacobs to transfer from housing unit 7up to unit ... decision of an administrative agency is limited. In re Taylor , 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 will not upset the determination of ... Id. at 525. N.J.A.C. 10A:4-9.2 addresses the notice inmates are entitled to: The disciplinary ...

docket:	a2575-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-26
status:	unpublished
citation:
Document Size:	21225

4134 STEPHEN COSTALOS SCAPE-ABILITIES, INC v. RICHARD CETLIN -- rank: 280

... last, the proposal contained a heading for "Deep Root Feed 2 shade trees" at a price of $450. Subtracting a $400 ... 54 , 88-89, cert. denied , ___ U.S. ___, 129 S. Ct. 158 , 172 L. Ed.2d 41 (2008). This court "may not 'engage in an ... it were the court of first instance.'" In re Taylor , 158 N.J. 644 , 656 (1999) (quoting State v. Locurto , 157 ... v. Shinnihon U.S.A. Co. , 399 N.J. Super. 158 , 190 (App. Div.), certif. denied , 196 N.J. 85 ( ...

docket:	a1206-08
court:	superior court appellate division
decided:	2010-02-26
status:	unpublished
citation:
Document Size:	46281

4135 STATE OF NEW JERSEY v. ANTHONY A. WARREN -- rank: 280

... on charges of burglary, N.J.S.A. 2C:18-2, and theft, N.J.S.A. 2C:20-3a, defendant ... denied , 519 U.S. 1021 , 117 S. Ct. 540 , 136 L. Ed.2d 424 (1996), regarding the disparity in sentence between defendant ... to look for it. Defendant and his co-defendant, James L. Alexander, were arrested a short time later as they pulled ... errors unless "clearly capable of producing an unjust result." R. 2:10-2; State v. Daniels , 182 N.J. 80 , 95 (2004); ...

docket:	a1142-12
court:	NJ Superior Court Appellate Division
decided:	2015-02-18
status:	unpublished
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Document Size:	43561

4136 IN THE MATTER CIVIL COMMITMENT OF J.G. -- rank: 280

... potential for dangerous conduct. In re Commitment of R.B. , 158 N.J. Super. 542 , 547 (App. Div. 1978). "[T]he ... dangerous conduct within the reasonably foreseeable future." In re S.L. , 94 N.J. 128 , 138 (1983) (quoting State v. Krol ... Washington , 446 U.S. 668 , 104 S. Ct. 2052 , 80 L. Ed.2d 674 (1984) and State v. Fritz , 105 N.J ... U.S. at 694, 104 S. Ct. at 2068, 80 L. Ed.2d 698 . The error committed must be so serious ...

docket:	A3757-05
court:	NJ Superior Court Appellate Division
decided:	2007-08-29
status:	unpublished
citation:
Document Size:	38130

4137 IN THE MATTER OF THE CIVIL COMMITMENT OF R.X.W., SVP-349-03 -- rank: 280

... cause for appellant (Ronald K. Chen, Public Advocate, attorney). David L. DaCosta, Deputy Attorney General, argued the cause for respondent State ... records of R.X.W.'s offenses, evaluations and treatment; (2) the court should have drawn a negative inference pursuant to ... violation of 541 U.S. 36, 124 S. Ct. 1354 , 158 L. Ed.2d 177 (2004) and State v. Buda , 195 N.J ... third-degree criminal restraint, N.J.S.A. 2C:13-2, upon evidence that he had repeatedly thrown to the ...

docket:	a4078-08
court:	superior court appellate division
decided:	2010-02-08
status:	Unpublished
citation:
Document Size:	31983

4138 STATE OF NEW JERSEY v. ANTHONY GUMMERSON -- rank: 280

... β€”β€”β€”β€”β€” November 19, 2012 Submitted October 2, 2012 - Decided Before Judges Reisner and Hoffman. On appeal from ... For the reasons that follow, we affirm. I. On May 2, 2010, at approximately 1:30 a.m., Corporal Brian Bigham ... merit to warrant extended discussion in a written opinion. R. 2:11-3(e)(2). We affirm substantially for the reasons set forth in Judge ... 54 , cert. denied , 555 U.S. 825 , 129 S. Ct. 158 , 172 L. Ed.2d 41 (2008). This archive is a service ...

docket:	a0590-11
court:	NJ Superior Court Appellate Division
decided:	2012-11-19
status:	unpublished
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Document Size:	19591

4139 IN THE MATTER OF A.D. POLICE OFFICER S9999M -- rank: 280

... Civil Service Commission, Docket No. 2013-1213. Fusco & Macaluso Partners, L.L.C., attorneys for appellant A.D. (Amie E. DiCola, on ... position with the Union County Department of Corrections (Union County). 2 Upon learning this information, Kanen recalled the previous interview and ... legislative policies, that is, did the agency follow the law; (2) whether the record contains substantial evidence to support the findings ... they are supported by "sufficient credible evidence." In re Taylor , 158 N.J. 644 , 656 (1999) (quoting Close v. Kordulak Bros ... and fitness." N.J. Const. art. VII, Β§ 1, ΒΆ 2. The Commission has broad authority to adopt rules and ...

docket:	a4246-13
court:	NJ Superior Court Appellate Division
decided:	2016-03-24
status:	unpublished
citation:
Document Size:	24682

4140 FARGIL REALTY, LLC v. BROADWAY AUTO PARTS FIRST NATIONAL BANK -- rank: 280

... Chancery Division, Passaic County, Docket No. F- 018831-17. Clark L. Cornwell, III, argued the cause for appellant. Susan B. Fagan ... was recorded in the County Clerk's Office on November 2, 2015. 1 On March 16, 1 The Tax Sale Law ... the eleventh month in the fiscal year A-4809-17T2 2 2016, SLS assigned the tax sale certificate to Fargil, which ... other entities with an interest in the property (collectively defendants).2 A copy of the summons and complaint was served upon ... to the purchaser. N.J.S.A. 54:5-46. 2 A tax foreclosure sale is subject to redemption. N.J ... udgment on February 7, 2018.' During her investigation, she 'review[ed] the closing documents' and 'requested from the title company ...

docket:	a4809-17
court:	NJ Superior Court Appellate Division
decided:	2019-05-09
status:	Unpublished
citation:
Document Size:	23386