Search Rutgers Law Library N.J. Court Opinions

4201 CHARLES AND MARIE REINHARDT v. MICHAEL SPERBER -- rank: 272

... the Grandparent Visitation Statute (GVS), N.J.S.A. 9:2-7.1, and applied a different standard to the grandparent ... cert. denied , 540 U.S. 1177 , 124 S. Ct. 1408 , 158 L. Ed.2d 78 (2004), and Daniels . Plaintiffs filed a complaint for grandparent visitation pursuant to the GVS on June 2, 2006. They alleged that J.S. was born in 2001 ... which relief may be granted pursuant to Rule 4:6-2(e), because the complaint did not expressly allege "harm" ...

docket:	A0760-06
court:	NJ Superior Court Appellate Division
decided:	2007-11-01
status:	unpublished
citation:
Document Size:	42032

4202 D.B. v. NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES -- rank: 272

... a/k/a J.M.C.," was born prematurely, weighing 2.5 pounds at birth, on March 21, 2007, and was ... matter of right was inapplicable, and that Rule 4:33-2, as to permissive intervention was inapplicable as well where there ... U.S. 565 , 579, 95 S. Ct. 729 , 737, 42 L. Ed.2d 725 , 737 (1975)). We consider the following in determining ... an opportunity to respond. W.S. Frey Co. v. Heath , 158 N.J. 321 , 325 (1999) (quoting Mariash v. Morrill , 496 ... 490 (1978), superseded by statute , N.J.S.A. 9:2-7.1, as recognized by New Jersey Division of ...

docket:	a4499-08
court:	New Jersey Superior Court Appellate Division
decided:	2010-05-26
status:	Published
citation:
Document Size:	32234

4203 STATE OF NEW JERSEY v. ANTHONY S. GRANATA -- rank: 272

... N.J.S.A. 2C:35-7 (Counts 1 and 2); two counts of second-degree possession of a controlled dangerous ... SENTENCE UNDER N.J.S.A. 2C:44-1(f)(2). (not raised below). Additionally, defendant raises the following point in ... S. 385 , 394-95, 117 S. Ct. 1416 , 1422, 137 L. Ed.2d 615 , 624 (1997). When the police, concerned with officer ... errors unless "clearly capable of producing an unjust result." R. 2:10-2; State v. Daniels , 182 N.J. 80 , 95 (2004); ...

docket:	a5962-11
court:	NJ Superior Court Appellate Division
decided:	2014-09-08
status:	unpublished
citation:
Document Size:	29255

4204 HAIR SYSTEMS, INC v. BOARD OF REVIEW DEPARTMENT OF LABOR, and DANIEL FOX -- rank: 272

... disqualified from receiving unemployment benefits for the weeks ending August 2, 2008, through September 27, 2008, and that Fox was not ... 3996 that Fox had received for the weeks ending August 2, through September 27. Fox appealed and a telephonic hearing was ... that he was able to work and actively seeking work; (2) Fox's alleged material misrepresentation to the State of New ... 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). First addressing whether Fox left work ...

docket:	a1933-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-01
status:	unpublished
citation:
Document Size:	25943

4205 VICTOR M. MEDINA v. NEW JERSEY DEPARTMENT OF CORRECTIONS -- rank: 272

... hearing officer that: 'We had an argument. A-1080-08T3 2 I stepped off. [Martinez] came at me again. He hit ... 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). A-1080-08T3 4 Nonetheless, ''[a]lthough ... 08T3 5 1. The inmate was not the initial aggressor; 2. The inmate did not provoke the attacker; 3. The use ... sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(1)(E). Reversed and remanded. We ...

docket:	a1080-08
court:	superior court appellate division
decided:	2009-12-17
status:	Unpublished
citation:
Document Size:	15077

4206 STATE OF NEW JERSEY v. DERRICK YOUNGER -- rank: 272

... of second-degree eluding, N.J.S.A. 2C:29-2(b). Almost a year later, on June 9, 2008, defendant ... acquittal as the evidence indisputably satisfied the Reyes standard. Rule 2:10-1 states that: "the issue of whether a jury ... to the scope of the evidence presented." State v. Frost , 158 N.J. 76 , 82 (1999). The State is entitled to ... denied , 507 U.S. 929 , 113 S. Ct. 1306 , 122 L. Ed.2d 694 (1993). In order to constitute a ground for ... N.J.S.A. 2C:44-1(b)(1) and (2). We disagree. That defendant sped through residential streets onto ...

docket:	a3962-09
court:	NJ Superior Court Appellate Division
decided:	2012-10-19
status:	unpublished
citation:
Document Size:	26951

4207 CUSTOMIZED DISTRIBUTION SERVICES v. ZURICH INSURANCE COMPANY et al. -- rank: 272

... the Superior Court of New Jersey, Law Division, Camden County, L-1747-01. Kenneth R. Rothschild argued the cause for appellant ... in the WL policy, which read as follows: B.    EXCLUSIONS . . . .     2.    We will not pay for a "loss" caused by or ... gradual deterioration" exclusion, and instead was relying on section (B)(2)(a), which excludes loss resulting from a "delay, loss of ... the court found that the exclusion provision under section (B)(2)(a) applied because there was "a substantial loss of use ... expectations of coverage." Id . at 274 (citing Gibson v. Callaghan , 158 N.J 662 , 669-71 (1999)). Therefore, the court should ... to the ground or be reduced to flattened rubble; or 2) that the building manifest substantial structural impairment, but has ...

docket:	A1586-03
court:	NJ Superior Court Appellate Division
decided:	2004-12-16
status:	published
citation:	373 N.J. Super. 480 862 A.2d 560
Document Size:	30665

4208 STATE OF NEW JERSEY v. MARCELLUS D. BARNES -- rank: 272

... second-degree sexual assault, N.J.S.A. 2C:14-2(c)(4), but guilty of third-degree endangering the welfare ... there was a miscarriage of justice under the law." R. 2:10-1; State v. Perez , 177 N.J. 540, 555 ... did not view the remarks as prejudicial. State v. Frost , 158 N.J. 76 , 83 (1999). We therefore conclude that the ... she went to the hospital, that is No. 1. No. 2, there is no evidence at all in anything that has ... denied , 552 U.S. 1146 , 128 S. Ct. 1074 , 169 L. Ed.2d 817 (2008)). We are satisfied that the trial ...

docket:	a0587-11
court:	NJ Superior Court Appellate Division
decided:	2012-08-08
status:	unpublished
citation:
Document Size:	25162

4209 STATE OF NEW JERSEY v. CHRISTOPHER JONES -- rank: 269

... U.S. 204 , 205, 101 S. Ct. 1642 , 1644, 68 L. Ed.2d 38 , 41 (1981) and State v. Miller , 342 N ... 668 , 687, 694, 104 S. Ct. 2052 , 2064, 2068, 80 L. Ed.2d 674 , 693, 698 (1984), adopted by our Supreme Court ... by the Sixth Amendment to the United States Constitution, and (2) the defect in performance prejudiced the defendant's rights to ... U.S. 38 , 42, 96 S. Ct. 2406 , 2409, 49 L. Ed.2d 300 , 305 (1976); State v. Ni k ...

docket:	a0559-07
court:	superior court appellate division
decided:	2009-12-31
status:	unpublished
citation:
Document Size:	29527

4210 BILLY DEAN MAYFIELD et al. v. COMMUNITY MEDICAL ASSOCIATES, P.A., et al. -- rank: 269

... and have been board certified in family medicine since 1996.         2. I am a member of a medical group which has ... following:             (1) the lack of prejudice to the defending party; (2) a series of steps taken to comply with the statute ... to be given "'ordinary and well-understood meanings.'" Manalapan Realty, L.P. v. Township Comm. of Manalapan , 140 N.J 366 ... create a manifestly absurd result." Turner v. First Union Nat'l Bank , 162 N.J 75 , 84 (1999).     Courts thus do ... denied , 331 U.S. 836 , 67 S.Ct. 1518 , 91 L.Ed. 1848 (1947), remain useful when considering the dangers of ...

docket:	a5711-99
court:	njappellate
decided:	2000-11-28
status:	published
citation:	335 N.J.Super. 198
Document Size:	36222

4211 HERBERT H. SHAW v. NEWARK PUBLIC LIBRARY -- rank: 269

... Court of New Jersey, Law Division, Essex County, Docket No. L-7604-06. Herbert J. Tan, L.L.C., attorneys for appellant (Mr. Tan, on the brief). James ... to judgment as a matter of law. R. 4:46-2(c). Plaintiff began his employment at the Library in 1989 ... of a continuing violation. Green v. Jersey City Bd. of Ed uc. , 177 N.J. 434 , 447-48 (2003). However, plaintiff ... reasons unrelated to the complaint." Higgins v. Pascak Valley Hosp. , 158 N.J. 404 , 424 (1999). III We next address ...

docket:	a2743-08
court:	superior court appellate division
decided:	2010-07-16
status:	unpublished
citation:
Document Size:	33438

4212 Thisopinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R.1:36-3 THE DRS GROUP, TRACY A. MAR -- rank: 269

... Court of New Jersey, Law Division, Union County, Docket No. L-2681-15. Maeve E. Cannon argued the cause for appellant ... on the briefs; Wade D. Koenecke, on the briefs). Rosalba L. Comas, First Deputy County Counsel, argued the cause for respondent ... County's resolution authorizing the contract award. This appeal followed. 2 II. Plaintiff's challenge to the contract award was founded ... N.J. Super. 166 , 173 (App. Div.) (citing Manalapan Realty L.P. v. Twp. Comm. of Manalapan , 140 N.J. 366 ... policies expressed or implied in [the Local Public Contract Law]; (2) whether the evidence in the record substantially supports the findings ... for information and supplied an explanation why the County "need[ed] more time." Defendant's counsel authored the June 12, ...

docket:	a3209-15
court:	NJ Superior Court Appellate Division
decided:	2017-03-03
status:	unpublished
citation:
Document Size:	38025

4213 STATE OF NEW JERSEY v. RICKEY WEAVER -- rank: 269

... 668 , 688, 694, 104 S. Ct. 2052 , 2064, 2068, 80 L. Ed.2d 674 , 693, 698 (1984)); State v. Fritz , 105 N ... disputed facts. See State v. Marshall , 148 N.J. 89 , 158, cert. denied , 522 U.S. 850 , 118 S. Ct. 140 , 139 L. Ed.2d 88 (1997); State v. P reciose , 129 N.J ... U.S. 98 , 114, 97 S. Ct. 2243 , 2253, 53 L. Ed.2d 140 , 154 (1977)). "[S]tanding alone a ...

docket:	A0425-06
court:	NJ Superior Court Appellate Division
decided:	2008-05-02
status:	unpublished
citation:
Document Size:	41381

4214 STATE OF NEW JERSEY v. FRANKLIN KINCEY -- rank: 269

... denied , 488 U.S. 1017 , 109 S. Ct. 813 , 102 L. Ed.2d 803 (1989)). Or, as stated by the Court in ... other evidence that proves the same point. State v. Smith , 158 N.J. 376 , 391 (1999), Covell , supra , 157 N.J ... S. 78 , 83-84, 90 S. Ct. 1896 , 1897, 26 L. Ed.2d 446 , 451 (1970).] See also State v. Angeleri , 51 ... denied , 393 U.S. 951 , 89 S. Ct. 372 , 21 L. Ed.2d 362 (1968). Nonetheless, we are mindful of ...

docket:	a3205-09
court:	superior court appellate division
decided:	2010-07-09
status:	unpublished
citation:
Document Size:	53691

4215 NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION v. PALERMO'S THRIFTWAY MARKET et al. -- rank: 269

... for respondent (Patrick DeAlmeida, Assistant Attorney General, of counsel; Kevin L. Uniglicht, Deputy Attorney General, on the brief). PER CURIAM After ... entered and contamination was discharged. In a letter dated February 2, 2000, JCP was advised by the Department that it had ... the discharge of hazardous substances, including but not limited to #2 fuel oil[.] Pursuant to the Spill Compensation and Control Act ... to those that we addressed in Dep't of Envt l. Prot. v. Marisol, Inc. , 367 N.J. Super. 614 (App ... denied , 449 U.S. 983 , 101 S. Ct. 400 , 66 L. Ed.2d 245 (1980). And we "must defer to an ...

docket:	a5560-05
court:	njappellate
decided:	2007-02-06
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	35653