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4231 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 Damaris v. Anthony -- rank: 267

... appellant (Arons & Solomon, P.A., attorneys; Ms. Solomon and Patricia L. Burris, on the briefs). Damaris C. Urdaz, respondent pro se ... appealed the December 11, 2015 order. In accordance with Rule 2:5-1(b), the Family Part issued a supplemental written ... arguments: (1) we should apply a relaxed standard of review; (2) the Family Part erred in interpreting the parties' PSA and ... 225 N.J. 34 , 44 (2016) (quoting Konzelman v. Konzelman , 158 N.J. 185 , 193 (1999)). "[F]air and definitive arrangements ... not be unnecessarily or lightly disturbed." Ibid. (quoting Konzelman , supra , 158 N.J. at 193-94). Moreover, "courts [may not] remake ... The PSA then provided that child support could be "revisit[ed]" under four circumstances: (1) a change in defendant's ...

docket:	a1958-15
court:	NJ Superior Court Appellate Division
decided:	2017-07-17
status:	unpublished
citation:
Document Size:	22378

4232 MELVIN JONES v. NEW JERSEY DEPARTMENT OF CORRECTIONS -- rank: 267

... of the incident stated, "visitor Mrs. Karen Duck was witness[ed] by this writer with her legs wedged between inmate Jones ... violate visit rules (visit rules- P. 29 IM handbook- #1[ 2 ]) according to the Lt. IM pleads not guilty, stating the ... sect. 8, Art. III sect. 1 & Art. VI sect. 1, 2 & 3. S.C.O. Stark violated Art. I sect 3 ... sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(1)(E). Nonetheless, we add the following ... J. 571, 579-80 (1980); see also In re Taylor , 158 N.J. 644 , 657 (1999) (court must uphold agency's ... U.S. 471 , 480, 92 S. Ct. 2593 , 2600, 33 L. Ed.2d 484 , 494 (1972)). However, in such context, ...

docket:	a3042-08
court:	NJ Superior Court Appellate Division
decided:	2010-01-28
status:	unpublished
citation:
Document Size:	17918

4233 IN THE MATTER OF PAUL ANDRADE -- rank: 267

... Weitz argued the cause for appellant Paul Andrade (Grayson & Associates, L.L.C., attorneys; Bette R. Grayson, of counsel; Ms. Weitz, on ... conduct unbecoming a public employee. N.J.A.C. 4A:2-2.3(a). Following a departmental administrative hearing, the City issued ... other charges. She also determined that the "underlying conduct warrant[ed] termination." Andrade filed exceptions with the CSC. In its February ... it would have reached a different result." In re Taylor , 158 N.J. 644 , 657 (1999) (citations omitted). We "will ...

docket:	a3149-14
court:	NJ Superior Court Appellate Division
decided:	2016-10-12
status:	unpublished
citation:
Document Size:	16647

4234 JULIE RABINOWITZ v. BERGEN OB/GYN ASSOCIATES -- rank: 267

... Superior Court of New Jersey, Law Division, Bergen County, No. L-2273-06. Alan Roth argued the cause for appellants (Bendit ... diagnosis. Plaintiffs served an additional expert report, prepared by Richard L. Luciani, M.D. Dr. Luciani stated in his report that ... denied , 423 U.S. 929 , 96 S. Ct. 279 , 46 L. Ed.2d 258 (1975). The trial court disagreed and granted defendants ... issue as to any material fact challenged . . . ." R. 4:46-2(c). An issue of material fact is genuine if considering ... not constitute outstanding questions of material fact. Brae Asset Fund, L.P. v. Newman , 327 N.J. Super. 129 , 134 ( ...

docket:	a3139-08
court:	superior court appellate division
decided:	2010-06-23
status:	unpublished
citation:
Document Size:	89707

4235 JASONTOWN II ASSOCIATES LP v. NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY -- rank: 267

... findings of an Administrative Law Judge (ALJ) and adopted a 2 percent rent increase for Jasontown instead of Jasontown's proposed 158 percent rent increase. We affirm, substantially for the reasons set ... sufficient credible evidence on the record as a whole.' R. 2:11-3(e)(1)(D). We add the following comments ... with the Agency's rules and regulations, A-1883-18T3 2 including the Agency's determination of appropriate rents and rent ... this significant ROE, Jasontown submitted its 2016 application for a 158 percent rent increase, along with its proposed budget for calendar ... agencies is limited in scope. See Clowes v. Terminix Int'l, Inc., 109 N.J. 575, 587 (1988). An appellate ...

docket:	a1883-18
court:	NJ Superior Court Appellate Division
decided:	2020-01-30
status:	Unpublished
citation:
Document Size:	12693

4236 ROSE NEWMAN et al. v. EUGENE NEWMAN -- rank: 267

... Court of New Jersey, Law Division, Civil Part, Hudson County, L-3533-03. Barbara L. Newman argued the cause for appellants. John R. Middleton, Jr ... cause for respondent Sklover Group, Inc. (Lowenstein Sandler, attorneys; David L. Harris, of counsel; Mr. Middleton, on the brief). John M ... Eugene Newman. This matter arises from a claim under a "$l,000,000 Catastrophic Injury and Disability Benefit" insurance policy (the ... at least a year;" and that the injury had "result[ed] in the entire and irrecoverable loss of the use of ... suited to resolution on summary judgment. See R. 4:46-2. There was no dispute of fact. See Brill v. ...

docket:	a6709-03
court:	njappellate
decided:	2006-05-04
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	38704

4237 CITY OF CAMDEN v. JANE KENNY, et al. -- rank: 267

... the Superior Court of New Jersey, Law Division, Camden County, L-2750- 00, and the Local Finance Board. Marc A. Riondino ... as business administrator of the City of Camden effective October 2, 2000. Consistent with the provisions of N.J.S.A ... to Judge Orlando for enforcement on September 22; on November 2 he enforced the Director's order appointing Bonaparte as business ... government control." 1 Eugene McQuillin, Municipal Corporations §3A.19 (3d ed. 1999). "Legislative authority over municipal corporations and their civil, political ... often referred to as plenary, supreme, absolute, complete, or unlimited." 2 Eugene McQuillin, Municipal Corporations §4.03 (3d ed. 1996). In this respect, Chief Justice Vanderbilt said: It ...

docket:	A0544-00
court:	NJ Superior Court Appellate Division
decided:	2000-12-22
status:	published
citation:	336 N.J. Super. 53
Document Size:	40349

4238 LOU JOHNSON v. NEW JERSEY DEPARTMENT OF CORRECTIONS -- rank: 267

... respondent (Lewis A. Scheindlin, Assistant Attorney General, of counsel; Justin L. Conforti, Deputy Attorney General, on the brief). PER CURIAM This ... 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 ...

docket:	a3162-11
court:	NJ Superior Court Appellate Division
decided:	2013-03-15
status:	unpublished
citation:
Document Size:	13782

4239 PHILIP A. BOVE v. DIANE M. BOVE -- rank: 267

... County, Docket No. FM-14-1136-98. Celli, Schlossberg & Friedland, L.L.C., attorneys for appellant (Holly M. Friedland, on the brief ... to this letter. Plaintiff sent a subsequent letter on February 2, 2008, reiterating his request from January 16, 2008, and also ... requests for reimbursement before. Plaintiff filed his reply on April 2, 2008, in which he stated that if defendant was sincere ... 1)(c); Kingsdorf v. Kingsdorf , 351 N.J. Super. 144 , 158 (App. Div. 2002). As Rule 5:3-5 makes clear ... parties economic positions). This is illustrated by Rule 5:5-2, which states the duty of the parties to provide ...

docket:	a5545-07
court:	njappellate
decided:	2009-04-15
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	60371

4240 STATE OF NEW JERSEY v. JUAN SOTO -- rank: 267

... Gilson, Designated Counsel, of counsel and on the brief). Joseph L. Bocchini, Jr., Mercer County Prosecutor, attorney for respondent (Dorothy Hersh ... merit to warrant extended discussion in a written opinion, R. 2:11-3(e)(2), and we affirm substantially for the reasons stated by the ... 1996, Figueroa turned herself in to the police. On February 2, 1996, Detective David Maldonado sent out a general alarm for ... defendant "would be receiving a translator to assist during interviews," (2) "the case was not looking good for the [S]tate ... favorable to defendant." State v. Marshall , 148 N.J. 89 , 158 (internal quotation omitted), cert. denied , 522 U.S. 850 , ...

docket:	A1478-06
court:	NJ Superior Court Appellate Division
decided:	2008-01-15
status:	unpublished
citation:
Document Size:	54659

4241 PNC BANK, N.A., successor to Midlantic Bank, N.A. et al. v. DAVID KEMENASH, -- rank: 267

... S. 511 , 514-15, 113 S. Ct. 1562 , 1565, 123 L. Ed.2d 229 , 235-36 (1993); N.J.S.A. 38-23C-2. Both the federal and state statutes are to be liberally ... construed to achieve their stated purposes. Engstrom v. First Nat'l Bank of Eagle Lake , 47 F.3d 1459 , 1462 (5th ... denied , 516 U.S. 818 , 116 S. Ct. 75 , 133 L. Ed.2d 35 (1995); Harriott v. Harriott , 211 N.J. ...

docket:	A0025-99
court:	NJ Superior Court Appellate Division
decided:	2000-11-14
status:	published
citation:	335 N.J. Super. 124
Document Size:	16518

4242 STATE OF NEW JERSEY v. THOMAS STILES -- rank: 267

... 2C:11-3 and N.J.S.A. 2C:5-2. He was sentenced on December 16, 2005, to a custodial ... producing an unjust result" in order to warrant reversal. R. 2:10-2. This is true for both errors brought to the trial ... the device was capable of taking the conversation or statement, (2) its operator was competent, (3) the recording is authentic and ... not end there. See State v. Smith , 167 N.J. 158 , 181 (2001). We must look further to determine whether the ... deprived the defendant of a fair trial." State v. Frost , 158 N.J. 76 , 83 (1999) (citations omitted). In determining ...

docket:	a5541-05
court:	superior court appellate division
decided:	2009-11-18
status:	unpublished
citation:
Document Size:	63035

4243 STATE OF NEW JERSEY v. YOSHINORI KAWASHIMA -- rank: 267

... warrant more than brief comment in a written opinion. R. 2:11-3(e)(2). In the paragraphs that follow, we briefly explain our reasons ... alcohol and, on that basis, concluded that this evidence "show[ed] that [defendant] was under the influence of alcohol." Judge Reed ... unjust result and is harmless beyond a reasonable doubt. R. 2:10-2; State v. Ingram , 196 N.J. 23 , 49 (2008). The ... denied , Chun v. New Jersey , ___ U.S. ___, 129 S. Ct. 158 , 172 L. Ed.2d 41 (2008) (discussing the hearings ...

docket:	a4052-08
court:	superior court appellate division
decided:	2010-02-11
status:	Unpublished
citation:
Document Size:	48020

4244 ALICE McDANIEL v. FREDDIE WILLIAMSON -- rank: 267

... Submitted: December 16, 2009 - Decided: Before Judges Cuff and C.L. Miniman. On appeal from Superior Court of New Jersey, Law ... mark documents for identification and formally accept them into evidence; (2) to give defendant an opportunity to cross-examine plaintiff and ... review of the conduct of the proceedings with Rule 1:2-3, which provides, "The verbatim record of the proceed­ings ... only violate[s] basic rules of trial practice, R . 1:2-3, but inhibit[s] the appellate process by depriving the ... 342 (2008) (quoting California v. Green , 399 U.S. 149 , 158, 90 S. Ct. 1930 , 1935, 26 L. Ed.2d 489 , 497 (1970) (internal quotation omitted)); see ...

docket:	a2753-08
court:	superior court appellate division
decided:	2010-01-20
status:	Unpublished
citation:
Document Size:	48717

4245 STATE OF NEW JERSEY v. HITESH SEGHAL -- rank: 267

... 54 , cert. denied , 555 U.S. 825 , 129 S. Ct. 158 , 172 L. Ed.2d 41 (2008). 1 After the municipal court judge overruled ... operator's certification card for the generator of the report. 2 The prosecutor requested he be permitted to re-open the ... deference to the trial judge's legal conclusions. Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. 366 ... sufficient merit to warrant discussion in a written opinion, R. 2:11-3(e)(2). We affirm substantially for the ...

docket:	a4537-14
court:	NJ Superior Court Appellate Division
decided:	2016-05-19
status:	unpublished
citation:
Document Size:	20085