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4276 ALAIN PIERRE v. NEW JERSEY DEPARTMENT OF CORRECTIONS -- rank: 264

... sufficient credible evidence in the record as a whole," Rule 2:11-3(e)(1)(D), and that Pierre's arguments are clearly without merit, Rule 2:11-3(e)(1)(E). Nevertheless, we add the following ... in the record to support the decision. In re Taylor , 158 N.J. 644 , 656 (1999); Johnson v. N.J. Dep ... denied , 449 U.S. 983 , 101 S. Ct. 400 , 66 L. Ed.2d 245 (1980). Ordinarily, we "will reverse the decision of ...

docket:	a3782-11
court:	NJ Superior Court Appellate Division
decided:	2013-06-12
status:	unpublished
citation:
Document Size:	13964

4277 STATE OF NEW JERSEY v. MELVIN ROLANDO-PADILLA -- rank: 264

... to commit armed robbery, N.J.S.A. 2C:5-2 (Count One); first-degree armed robbery, N.J.S.A ... third-degree criminal restraint, N.J.S.A. 2C:13-2 (Count Three); second-degree possession of a weapon for unlawful purposes, N.J.S.A. 2C:43-7.2, for eleven years, ten months and twenty-five days. I ... sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(2). The sole exception is the failure of the judge to ... U.S. 123 , 126, 88 S. Ct. 1620 , 1622, 20 L. Ed.2d 476 , 479 (1968) and State v. Young , ...

docket:	a5000-06
court:	superior court appellate division
decided:	2010-02-05
status:	unpublished
citation:
Document Size:	36075

4278 JUAN RAMOS v. PHARMACEUTICAL FORMULATIONS, INC., et al. -- rank: 264

... Court of New Jersey, Law Division, Civil Part, Middlesex County, L-8854-02. Neal M. Unger argued the cause for appellant ... A grievance filed by another worker complained that Smylla "scream[ed]" at her and made "threatening gestures" during a "temper tantrum ... 27 and 28, 2000, plaintiff called in sick. On October 2 or 3 , plaintiff called in sick again. He left a ... the medical certification form to Zullo. In letters dated May 2 and 20, 2002, plaintiff's attorney wrote to PFI claiming ... issue of material fact for purposes of Rule 4:46-2." Ibid. In deciding that plaintiff's claims were barred by ... Citing id. at 127.] In Wilson v. [ Wal-Mart Stores , 158 N.J. 263 (1999)], [t]he New Jersey Supreme ...

docket:	A1293-04
court:	NJ Superior Court Appellate Division
decided:	2007-01-16
status:	unpublished
citation:
Document Size:	54435

4279 JONATHAN THOMAS v. NEW JERSEY STATE PAROLE BOARD -- rank: 264

... later denying him parole, and establishing future eligibility terms. (FET). 2 In A-2431-14, he challenges the Board's November ... Release Act (NERA), N.J.S.A. 2C:43-7.2, and a period of five years parole supervision after his ... 1984)), cert. denied , ___ U.S. ___, 137 S. Ct. 85 , 196 L. Ed.2d 37 (2016). "Drawing on the diverse backgrounds of its ... do not rubber stamp its decisions. See In re Taylor , 158 N.J. 644 , 657 (1999). Having considered Thomas's arguments ... sufficient merit to warrant discussion in a written opinion, R. 2:11-3(e)(2), and that the Board's ...

docket:	a2431-14
court:	NJ Superior Court Appellate Division
decided:	2017-01-11
status:	unpublished
citation:
Document Size:	20988

4280 WANDA KOCH v. STEPHEN R. KOCH -- rank: 264

... thirteen factors set forth in N.J.S.A. 9:2-4(c). In that regard, the current version of Rule ... to criteria set forth in N.J.S.A. 9:2-4, as well as any other information or factors they ... cert. denied , 540 U.S. 1177 ; 124 S.Ct. 1408 ; 158 L.Ed.2d 78 (2004). Indeed, the New Jersey Supreme Court has ...

docket:	FM-19-378-10
court:	NJ Superior Court Law/Chancery Division
decided:	2012-03-16
status:
citation:	424 N.J. Super. 542 38 A.3d 703
Document Size:	30655

4281 STATE OF NEW JERSEY v. THOMAS M. WAGNER -- rank: 264

... improperly impugned defense counsel's motives for exercising preemptory challenges; (2) the trial court erred in admitting an incriminating statement defendant ... to her car. After confirming her car had been damaged, 2 Barrett returned to her car and "motioned that [she] was ... merit to warrant extensive discussion in a written opinion, Rule 2:11-3(e)(2), we will briefly address them. In Argument Point I, defendant ... counsel made timely and proper objections to the improper remarks; (2) whether the remarks were withdrawn promptly; and (3) whether the ... and instructed the jury to disregard them." State v. Frost , 158 N.J. 76 , 83 (1999). Under the principles the ...

docket:	a1657-13
court:	NJ Superior Court Appellate Division
decided:	2015-07-20
status:	unpublished
citation:
Document Size:	27572

4282 STATE OF NEW JERSEY v. CHARLES MORDAN -- rank: 264

... Act (“NERA”), N.J.S.A. 2C:43-7.2. Defendant has appealed his convictions and sentence. After reviewing the ... Arizona , 384 U.S. 436; 86 S. Ct. 1602 ; 16 L. Ed.2d 694 (1966). At first, he denied any knowledge of ... against, the quantum of evidence upon his innocence or guilt." 158 N.J. 76 , 87 (1999) (citations omitted). We further noted ... counsel made timely and proper objections to the improper remarks; (2) whether the remarks were withdrawn promptly; and (3) whether the ...

docket:	a5835-07
court:	superior court appellate division
decided:	2011-01-18
status:	unpublished
citation:
Document Size:	25132

4283 CARLOS CRUZ v. DEPARTMENT OF CORRECTIONS -- rank: 264

... 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 ... merit to warrant extended discussion in a written opinion. R. 2:11-3(e)(2). We add only the following. Because prison discipline is not ...

docket:	a2437-09
court:	superior court appellate division
decided:	2011-01-05
status:	Unpublished
citation:
Document Size:	16794

4284 JOHN BERNECK v. NEW JERSEY DEPARTMENT OF CORRECTIONS -- rank: 264

... Amanda are Sayen my grand Son is my Son and 2 of my Kids with EllEN aint mine (indecipherable) ill tell ... Carrie KC and KC (indecipherable) Boyfriend) All of them idc 2 if it Puts me Back in Prison it's not ... we do not rubber stamp its decisions. In re Taylor , 158 N.J. 644 , 657 (1999). When reviewing a DOC prison ... S. 396 , 414, 94 S. Ct. 1800 , 1811-12, 40 L. Ed.2d 224 , 240 (1974) (a regulation or practice to censor ... as set forth in N.J.A.C. 10A:18-2.14. He also contends that the correspondence should have ...

docket:	a1557-13
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	18076

4285 NEW JERSEY DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT - v. R.I., INC. -- rank: 264

... regulations, N.J.A.C. 12:62-1.1 to -2.6. Under the Prevailing Wage Act (PWA), N.J.S ... prior to the expiration date of 06/30/06 [and] (2) we are currently working on a contract in New Jersey ... legislative policies, that is, did the agency follow the law; (2) whether the record contains substantial evidence to support the findings ... denied , 449 U.S. 983 , 101 S. Ct. 400 , 66 L. Ed.2d 245 (1980), a reviewing court is not bound by ... 34:11-56.51, N.J.A.C. 12:62-2.1 and N.J.A.C. 12:62-2. ...

docket:	a1492-07
court:	NJ Superior Court Appellate Division
decided:	2009-03-27
status:	unpublished
citation:
Document Size:	36313

4286 CLAUDIO GONZALES v. NEW JERSEY DEPARTMENT OF CORRECTIONS -- rank: 264

... J. 571, 579-80 (1980); see also In re Taylor , 158 N.J. 644 , 657 (1999) (court must uphold agency's ... was denied constitutional rights because he was not given Miranda 2 warnings before he was interviewed. This argument is refuted by ... the other charge lodged against him, *.002, assaulting any person. 2 Miranda v. Arizona , 384 U.S. 436 , 86 S. Ct. 1602 , 16 L. Ed.2d 694 (1966) This archive is a service of Rutgers ...

docket:	a5650-09
court:	NJ Superior Court Appellate Division
decided:	2012-01-19
status:	unpublished
citation:
Document Size:	12175

4287 NINA GAMBARDELLA v. SCOTT HERMO -- rank: 264

... his alimony and child support obligations to plaintiff Nina Gambardella; (2) the January 22, 2020 order denying his motion for reconsideration ... the three children, who were then minors. A-3385-19 2 Prior to and during most of the marriage, Hermo worked ... employment in the field in which he had experience, sign ed a A-3385-19 6 non-compete agreement limiting his ... de novo the court's legal conclusions. See Manalapan Realty, L.P. v. Twp. Comm. of the Twp. of Manalapan, 140 ... 225 N.J. 34, 44 (2016) (citing Konzelman v. Konzelman, 158 N.J. 185, 193 (1999)). Settlement agreements are governed by ... to reconsideration of any of its orders. Rule 4:49-2 provides: Except as otherwise provided by R. 1:13- ...

docket:	a3385-19
court:	NJ Superior Court Appellate Division
decided:	2021-09-09
status:	Unpublished
citation:
Document Size:	34384

4288 ZAHIA H. AWAD v. MARY IBRAHIM -- rank: 264

... court-supervised telephonic parenting time from his home in Egypt. 2 In 2003, in a separate action, the court awarded plaintiffs ... aunt had no standing under N.J.S.A. 9:2-7.1 (the "grandparents visitation statute") to enforce the visitation ... cert. denied , 540 U.S. 1177 , 124 S. Ct. 1408 , 158 L. Ed.2d 78 (2004), argued plaintiffs failed to plead or present ... plaintiffs' arguments lack sufficient merit to warrant extended discussion. R. 2:11-3(e)(1)(E). We make the following ...

docket:	a5601-11
court:	NJ Superior Court Appellate Division
decided:	2013-10-30
status:	unpublished
citation:
Document Size:	24380

4289 STATE OF NEW JERSEY v. ANDREW ROSS -- rank: 264

... error was "clearly capable of producing an unjust result." R. 2:10-2. A. Disorderly Persons Offense/Third - Degree Crime . Defendant asserts that ... believe: 1) that he is protecting himself from unlawful force; 2) he has the right to use force; 3) the use ... State prove beyond a reasonable doubt that defendant acted "purposely." 158 N.J. 76 , 82 (1999). Reversal of a conviction on ... counsel made timely and proper objections to any improper remarks; 2) whether the remarks were withdrawn promptly; and 3) whether the ... U.S. 471 , 490, 92 S. Ct. 2593 , 2605, 33 L. Ed.2d 484 , 499 (1972). Moreover, defendant's conviction ...

docket:	A2989-04
court:	NJ Superior Court Appellate Division
decided:	2006-06-28
status:	unpublished
citation:
Document Size:	59735

4290 STATE OF NEW JERSEY v. D.A.1 -- rank: 264

... second degree sexual assault, N.J.S.A. 2C:14-2(c); fourth degree criminal sexual contact, N.J.S.A ... on this charge. State v. D.A. , 191 N.J. 158 , 161 (2007). Writing on behalf of a unanimous Court, Justice ... court's sentence in the summary process authorized by Rule 2:9-11, State v. D.A. , No. A-0456-06 ... failing: (1) to file a motion to dismiss the indictment; (2) to provide defendant with timely discovery; (3) to adequately prepare ... Washington , 466 U.S. 668 , 104 S. Ct. 2052 , 80 L. Ed.2d 674 (1984), and subsequently adopted by our Supreme ...

docket:	a2254-13
court:	New Jersey Superior Court Appellate Division
decided:	2016-05-05
status:	Published
citation:
Document Size:	14939