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4246 STATE OF NEW JERSEY v. RICHY ARIAS -- rank: 267

... such as defendant. Id. at 1-4. A-0930-18T4 2 At trial, 'the lead detective, David Cruz,' was 'qualified . . . as ... law enforcement' in case of a wiretap.' Id. at 1-2. 'Cruz testified that the majority of the wiretapped conversations that ... particular eyewitness/(earwitness)[,'] which Sergeant Dehais was' would have 'veer[ed] toward a prohibited area for . . . an expert witness.' See State ... of any expert's proffer,' 'this matter must be 'remand[ed] . . . for an evidentiary hearing and a determination of defendant's ... too vague, conclusory or speculative.' R. 3:22-10(e)(2). Indeed, the defendant 'must do more than make bald assertions ... in original) (quoting State v. Marshall, 148 N.J. 89, 158 (1997)). We also typically review a PCR petition with ' ...

docket:	a0930-18
court:	NJ Superior Court Appellate Division
decided:	2020-05-28
status:	Unpublished
citation:
Document Size:	21574

4247 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status:	unpublished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

4248 THOMAS COMPANY, INC v. TAMBURRO BROTHERS CONSTRUCTION CO., INC -- rank: 267

... v. Shinnihon U.S.A. Co. , 399 N.J. Super. 158 , 180 (App. Div. ), certif. denied , 196 N.J. 85 (2008 ... judge and review questions of law de novo. Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. 366 ... the parties. 5 Corbin on Contracts § 24.3 (Perillo ed. 1998). It is a basic rule of contract interpretation that ... 268-69 (quoting 3 Corbin on Contracts § 579 (West ed. 1960)). Whether a breach occurred requires an understanding of the ...

docket:	a5345-10
court:	NJ Superior Court Appellate Division
decided:	2012-07-27
status:	unpublished
citation:
Document Size:	18640

4249 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

4250 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

4251 OTIS HASTINGS/THERMION TECHNOLOGIES, INC., Plaintiffs v. DAVID V. WRESKI, GUARDIAN DIGITAL, CHADWICK-GREENE AGENCY and RICHARD GREENE -- rank: 267

... Court of New Jersey, Law Division, Bergen County, Docket Nos. L-7769-02 and L-8698-02. Otis Hastings and June Hastings, appellants pro se ... this appeal, defendants raise two arguments as required by Rule 2:6-29A)(5): I. Summary Judgment was improper at Law ... warrant more than brief comment in a written opinion. R . 2:11-3(e)(1)(E). We cannot reconsider the order ... that order. See State v. Myers , 239 N.J. Super. 158 (App. Div. 1990), certif. denied , 127 N.J. 323 (1992 ... of fact that are adequately supported by the record. R. 2:11-3(e)(1)(A); Rova Farms Resort, Inc. ...

docket:	a6089-05
court:	njappellate
decided:	2007-12-27
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	38184

4252 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

4253 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

4254 BORIS BORETSKY v. NEW JERSEY DEPARTMENT OF CORRECTIONS -- rank: 267

... respondent (Melissa H. Raksa, 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 will not upset the determination of ...

docket:	a6093-10
court:	NJ Superior Court Appellate Division
decided:	2013-03-18
status:	unpublished
citation:
Document Size:	20630

4255 Clark v. Safety-Kleen Corp. -- rank: 267

... claim of injury by the cresylic acid. (Pp. 24—25). 2. In the past, this Court has held that non-physicians ... argued the cause for appellant ( Parker, McCay & Criscuolo , attorneys; Stacy L. Moore, Jr. , on the briefs). John L. Slimm argued the cause for respondent ( Marshall, Dennehey, Warner, Coleman ... labeling and “Material Safety Data Sheets” (MSDS worksheets) See footnote 2 from his experience in the agricultural products division of Dupont ... INFORMATION PRECAUTIONS (SAFETY-INSTRUCTIONS) 1.    Use only with adequate ventilation. 2.    Do not smoke, drink or eat in work area. 3 ... accident. [ Vallillo v. Muskin Corp. , 212 N.J. Super. 155 , 158 (App. Div. 1986).]     The defect alleged here was the ...

docket:	a-139-01
court:	njsupreme
decided:	2004-04-08
status:
citation:	179 N.J. 318
Document Size:	70616

4256 /usr/local/share/www/libweb/collections/courts/appellate/a3296-18.opn.html -- rank: 267

... or be binding upon any court.' Although it is post ed on the internet, this opinion is binding only on the ... vacating the sale to the buyer. On A-3296-18T3 2 February 19, 2019, the current motion judge, Judge Michael J ... filed a motion requesting an extension of the redemption period. 2 In his letter to the court, defendant indicated that he ... that the failure to advise the court was an oversight. 2 Defendant initially filed his motion in Ocean County, which was ... Scurry, 193 N.J. 492, 503 (2008); First Tr. Nat'l Assoc. v. Merola, 319 N.J. Super. 44, 49 (App ... J. Super. 310, 315 (App. Div. 2002) (citing Hardyston Nat'l Bank of Hamburg v. Tartamella, 56 N.J. 508, ...

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4257 ROSE HILL ESTATES v. TOWNSHIP OF HADDON et al. -- rank: 267

... has the "legislative powers." N.J.S.A. 40:72-2. Under the zoning ordinance, Rose Hill's property is in ... basic provisions and objectives of the master plan." Manalapan Realty, L.P. v. T wp. Comm . of Manalapan , 140 N.J ... Cox, New Jersey Zoning and Land Use Administration , § 40-2 at 581 (1994 ed.)). The issue before the Court in Manalapan was whether a ... Cox, New Jersey Zoning and Land Use Administration , § 40-2 at 875 (2005 ed.) (suggesting this approach in the drafting of master plans ...

docket:	A1443-04
court:	NJ Superior Court Appellate Division
decided:	2006-07-13
status:	unpublished
citation:
Document Size:	48425

4258 IN THE MATTER OF THE ESTATE OF ALBERT PETRONGOLO, SR. -- rank: 267

... cross-appellant Joseph Petrongolo (Whitney Patience O'Reilly and Carl L. Engel, on the briefs). PER CURIAM In this consolidated action ... the same '[twenty percent] limitation . . . to fees sought by Joseph.' 2 The June 18, 2021 judgment reaffirmed the award of counsel ... to them by their first names. No disrespect is intended. 2 Joseph never served as the administrator or executor of his parents' estates. A-2969-20 2 18, 2015. The wills named Ronald as the executor for ... compel Ronald to file formal estate accounts. In a March 2, 2021 order to show cause, the probate judge scheduled a ... recognizes that a large portion of the legal fees result[ed] from extensive litigation . . . seeking proof of repayment of [a] $ ...

docket:	a2969-20
court:	NJ Superior Court Appellate Division
decided:	2022-11-10
status:	Unpublished
citation:
Document Size:	18871

4259 LATASHYA D. DANIELS v. BOARD OF REVIEW DEPARTMENT OF LABOR and ARC OF BERGEN and PASSAIC COUNTY -- rank: 267

... evidence, or that it violated legislative policies. 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). The burden of demonstrating that the agency ... 287 (App. Div. 1983) (quoting Condo v. Bd. of Review , 158 N.J. Super. 172 , 174 (App. Div. 1978)). In addition ...

docket:	a5839-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-03
status:	unpublished
citation:
Document Size:	12748

4260 GEOFFREY JONES v. CITY OF JERSEY CITY -- rank: 267

... Court of New Jersey, Law Division, Hudson County, Docket No. L-2033-18. Methfessel & Werbel, attorneys for appellant (William Scott Bloom ... landed in a hole next to a A-2366-18T1 2 storm water grate. The fall caused Jones to sustain various ... was negligent, and in its Rule 4:5-1(b)(2) certification stated 'the additional party who should be joined in ... not read Jersey City's Rule 4:5-1(b)(2) certification prior to oral argument. During oral argument, the judge ... 2366-18T1 7 N.J.S.A. 59:8-8; (2) what information it must contain, N.J.S.A. 59 ... public entity would not be 'substantially prejudiced.' Lowe v. Zarghami, 158 N.J. 606, 624- 25 (1999); see also O' ...

docket:	a2366-18
court:	NJ Superior Court Appellate Division
decided:	2020-02-18
status:	Unpublished
citation:
Document Size:	25937