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4141 JAIME TAORMINA BISBING v. GLENN R. BISBING, III -- rank: 280

... R. BISBING, III, Defendant-Appellant. __________________________ April 6, 2016 Argued March 2, 2016 — Decided Before Judges Fuentes, Koblitz, and Gilson. On ... she not relocate out of state. Pursuant to Article 1.2 of the MSA, Jaime also agreed to "broad, reasonable and ... time and communication schedule using most of Jaime's suggestions. 2 Eleven days later, Jaime and the children "left for a ... cause shown, shall otherwise order." N.J.S.A. 9:2-2. One of the underlying purposes of the statute involving removal ... there is a good faith reason for the move and (2) that the move will not be inimical to the ...

docket:	a5047-14
court:	NJ Superior Court Appellate Division
decided:	2016-04-06
status:	published
citation:	445 N.J.Super. 207 137 A.3d 535
Document Size:	35583

4142 S. ELIZABETHTOWN WATER COMPANY v. WATCHUNG SQUARE ASSOCIATES, LLC, and FIDELITY LAND DEVELOPMENT COPORATION -- rank: 280

... Court of New         Jersey, Law Division, Morris County, Docket No. L-3027-01.         Pitney Hardin, attorneys for appellant Elizabethtown Water Company (Robert G. Rose and Karen L. Alfieri, on the brief). Sheak & Korzun, attorneys for appellant Vollers ... facts are not entitled to any special deference." Manalapan Realty, L.P. v. Tp. Comm. of Manalapan , 140 N.J. 366 ... Byrd , 470 U.S. 213 , 105 S. Ct. 1238 , 84 L. Ed. 2 d 158 (1985). No New Jersey case provides an ...

docket:	A0731-04
court:	NJ Superior Court Appellate Division
decided:	2005-04-20
status:	published
citation:	376 N.J. Super. 571 871 A.2d 140
Document Size:	23929

4143 S. ELIZABETHTOWN WATER COMPANY v. WATCHUNG SQUARE ASSOCIATES, LLC, and FIDELITY LAND DEVELOPMENT COPORATION -- rank: 280

... Court of New         Jersey, Law Division, Morris County, Docket No. L-3027-01.         Pitney Hardin, attorneys for appellant Elizabethtown Water Company (Robert G. Rose and Karen L. Alfieri, on the brief). Sheak & Korzun, attorneys for appellant Vollers ... facts are not entitled to any special deference." Manalapan Realty, L.P. v. Tp. Comm. of Manalapan , 140 N.J. 366 ... Byrd , 470 U.S. 213 , 105 S. Ct. 1238 , 84 L. Ed. 2 d 158 (1985). No New Jersey case provides an ...

docket:	A0732-04
court:	NJ Superior Court Appellate Division
decided:	2005-04-20
status:	published
citation:
Document Size:	23826

4144 ARLENE LOU VELEZ v. BOARD OF REVIEW DEPARTMENT OF LABOR, and SIEMENS BUILDING TECHNOLOGIES, INC -- rank: 280

... Technologies, Inc. has not filed a brief. PER CURIAM Arlene L. Velez (Velez) appeals from the September 30, 2009 decision by ... claim for unemployment benefits. Her claim was denied on March 2. She timely appealed the denial, and she and Siemens participated ... evidence, or that it violated legislative policies. In re Taylor , 158 N.J. 644 , 656 (1999); Brady , supra , 152 N.J ... denied , 449 U.S. 983, 101 S. Ct. 400 , 66 L. Ed.2d 245 (1980). In the present case, the record fully ...

docket:	a1815-09
court:	superior court appellate division
decided:	2011-01-12
status:	Unpublished
citation:
Document Size:	14723

4145 Pizzullo v. New Jersey Manufacturers Insurance Company -- rank: 280

... loss should appropriately fall on the insurer. (pp. 13-20) 2. Subsection (b) of the immunity statute included another requirement as ... s conditional veto message and sponsors' statements); Panzino v. Cont 'l Can Co. , 71 N.J. 298 , 301-03 (1976) (relying ... that are presented. See Black's Law Dictionary 557 (8th ed. 2004). When the Legislature created the immunity, it was coupled ... layman unversed in insurance provisions and practices." Gibson v. Callahan , 158 N.J. 662 , 669 (1999) (quoting Allen , supra , 44 N ... Jenkins , 180 N.J. 550 , 562 (2004) (citing Gibson , supra , 158 N.J. at 670). However, "[w]hen there is ambiguity ... Zacarias , supra , 168 N.J. at 595 (citing Gibson , supra , 158 N.J. at 671). Indeed, in some circumstances, we ...

docket:	a-21-07
court:
decided:	2008-08-07
status:
citation:
Document Size:	70607

4146 STATE OF NEW JERSEY v. ALTARIQ WAGNER -- rank: 280

... v. ALTARIQ WAGNER, Defendant-Appellant. ______________________________________ August 4, 2011 Submitted March 2, 2011 - Decided Before Judges Ashrafi and Nugent. On appeal from ... vigorous and forceful closing arguments to juries." State v. Frost , 158 N.J. 76 , 82 (1999). "[P]rosecuting attorneys, within reasonable ... denied , 393 U.S. 1043 , 89 S. Ct. 673 , 21 L. Ed.2d 593 (1969). Here, the prosecutor committed error in his ... made a timely objection. State v. Smith , 167 N.J. 158 , 181-82 (2001). If no objection was made, remarks usually ...

docket:	a4555-09
court:	NJ Superior Court Appellate Division
decided:	2011-08-04
status:	unpublished
citation:
Document Size:	23210

4147 RYAN RANKIN v. STATE OF NEW JERSEY -- rank: 280

... Court of New Jersey, Law Division, Middlesex County, Docket No. L-5231-14. Nicole M. Grzeskowiak argued the cause for appellants ... applied and tolled the accrual date of plaintiff's claim. 2 NJT and MPA argue that the judge erred because under ... the accrual date . . . [of plaintiff's cause of action] occur[ed] at the time that . . . [he] learn[ed] of that lease agreement." Plaintiff served MPA with the late ... intended as a 'trap for the unwary,'" Lowe v. Zarghami , 158 N.J. 606 , 629 (1999) (citation omitted), the TCA permits ... limitations of [the TCA]," N.J.S.A. 59:1-2, "[g]enerally, immunity for public entities is the rule ...

docket:	a1603-15
court:	NJ Superior Court Appellate Division
decided:	2017-02-15
status:	unpublished
citation:
Document Size:	30970

4148 STATE OF NEW JERSEY v. M.C. -- rank: 280

... degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(1), second-degree sexual assault, N.J.S.A. 2C:14-2(b), and second-degree endangering the welfare of a child ... that (1) J.M. was under twelve years of age; (2) the State had given defendant ample notice and defendant had ... and unduly prejudicial pursuant to N.J.R.E. 403. 2 Based on her findings, the judge entered an order on ... of prior out-of-court statements. See State v. Smith , 158 N.J. 376 , 389-91 (1999) (accepting the trial court ... for the names of the victim, defendant and the witnesses. 2 The ruling on the cumulative issue is not part ...

docket:	a5325-14
court:	NJ Superior Court Appellate Division
decided:	2016-03-21
status:	unpublished
citation:
Document Size:	21335

4149 STEVEN McKEE v. NEW JERSEY DEPARTMENT OF CORRECTIONS -- rank: 280

... to the Memorial Day holiday. The hearing concluded on June 2, 2011. McKee's counsel substitute argued the fourteen-day delay ... 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 ... on May 23, 2011 and his hearing concluded on June 2, 2011. Three postponements were caused by delay in the preparation ... they do not warrant discussion in a written opinion. R. 2:11-3(e)(2). Affirmed. This archive is a ...

docket:	a5457-10
court:	NJ Superior Court Appellate Division
decided:	2012-09-26
status:	unpublished
citation:
Document Size:	19239

4150 /usr/local/share/www/libweb/collections/courts/appellate/a5401-15.opn.html -- rank: 280

... living at home with her mother and only spent one 2 A-5401-15T1 weekend in Nolan's apartment when he ... dating relationship, and no matter how untoward this relationship appear[ed] . . . , it [did not] mean cohabitation.' In particular, the judge cited ... factors set out by the Court in Konzelman v. Konzelman, 158 N.J. 185, 202 (1999). Regarding the Rule 4:50 ... decision based upon a palpably incorrect or irrational basis, or 2) it is obvious that the Court either did not consider ... the parties. [Spangenberg, 442 N.J. Super. at 538 (quoting L. 2014, c. 42 § 2).] Here, the parties entered into the PSA well before ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	19883

4151 DONNA SLAWINSKI v. MARY E. NICHOLAS -- rank: 280

... apparently exercises sole legal and residential custody of her daughter, L.K. (Lilly). 1 The grandparent visitation order was entered on ... allegedly, his "visitation was suspended pursuant to prior court order." 2 Defendant stated she was concerned that the grandparent visitation was ... deference to the trial judge's legal determinations. Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. 366 ... factual issues that complicate judicial resolution. See Konzelman v. Konzelman , 158 N.J. 185 , 193 (1999) ("New Jersey has long espoused ... cert. denied , 540 U.S. 1177 , 124 S. Ct. 1408 , 158 L. Ed.2d 78 (2004). Yet, that autonomy gives way ...

docket:	a0710-15
court:	NJ Superior Court Appellate Division
decided:	2016-12-06
status:	published
citation:	448 N.J.Super. 25 150 A.3d 409
Document Size:	30003

4152 STATE OF NEW JERSEY v. ZAAIR TUCK -- rank: 280

... Theodore J. Romankow, Union County Prosecutor, attorney for respondent (Meredith L. Balo, Assistant Prosecutor, of counsel and on the brief). PER ... Defendant, Zaair Tuck, was indicted for third-degree aggravated assault, 158 N.J. 76, 83 (1999) (citing State v. Ramseur , 106 ... make vigorous and forceful closing arguments to juries." Frost , supra , 158 N.J. at 82. Prosecutors are "'entitled to sum up ... and the reasonable inferences to be drawn therefrom. Frost , supra , 158 N.J. at 85 (citing Marks , supra , 201 N.J ... forcefully rebut this defense strategy. See State v. Frost , supra , 158 N.J. at 87. In doing so, however, he was ... to arguments raised by defense counsel" with commentary that "stray[ed] beyond the evidence" presented at trial. State v. Morais , ...

docket:	a0825-07
court:	NJ Superior Court Appellate Division
decided:	2009-07-23
status:	unpublished
citation:
Document Size:	44662

4153 STATE OF NEW JERSEY v. VINCENTE BOWMAN -- rank: 280

... 463 , 468 (App. Div. 1998), rev'd on other grounds , 158 N.J. 292 (1999), we stated, "The right of self ... reasonably believes that he is protecting himself against unlawful force; (2) the person reasonably believes that he has the right to ... that was clearly capable of producing an unjust result. R. 2:10-2. In addition, the possibility of injustice must be so substantial ... denied , 534 U.S. 858 , 122 S. Ct. 136 , 151 L. Ed.2d 89 (2001). However, defense counsel never made a ...

docket:	a3420-04
court:	njappellate
decided:	2006-04-26
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	90026

4154 STATE OF NEW JERSEY v. ROY A. BIGGINS -- rank: 280

... Deputy Public Defender, of counsel and on the brief). Joseph L. Bocchini, Jr., Mercer County Prosecutor, attorney for respondent (Dorothy Hersh ... Early Release Act, N.J.S.A. 2C:43-7.2. The court also imposed the mandatory fines and penalties. We ... sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(2). The prosecutor's questions to defendant during cross-examination did ... defendant's right to a fair trial. State v. Frost , 158 N.J. 76 , 83 (1999). We note that defense counsel ... here is guided by the plain error standards in Rule 2:10-2. There is no evidence from which to ...

docket:	a6045-05
court:	njappellate
decided:	2007-07-20
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	25160

4155 LOUIS O\'NEAL v. NEW JERSEY DEPARTMENT OF CORRECTIONS -- rank: 280

... another count of murder. On April 1, 2009, at approximately 2:20 p.m. Senior Corrections Officer C. Tripp was pat ... that point, according to Tripp, he asked Corrections Officer J.L. Murray to escort O'Neal from the back of the ... J.A.C. 10A:4-4.1(a). On April 2, 2009, at 3:45 p.m., Sergeant C. Ennals served ... 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' ...

docket:	a5427-08
court:	superior court appellate division
decided:	2010-07-19
status:	unpublished
citation:
Document Size:	37650