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4291 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status:	unpublished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

4292 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 counsel made timely and proper objections to any improper remarks; 2) whether the remarks were withdrawn promptly; and 3) whether the ...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status:	unpublished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

4293 COMMISSIONER DEPARTMENT OF BANKING AND INSURANCE v. CAPITAL BONDING CORPORATION et al. -- rank: 264

... underwrite these bonds. See N.J.A.C. 11:17-2.11(a). CBC and Smith remained authorized to engage in ... were not honored because of stop payment orders. On July 2, 2004, the Administrative Law Judge ("ALJ") to whom the matter ... that penalties were appropriate and recommended that a penalty of $2,000 be imposed for each of the fifteen checks in ... a total penalty of $240,000 be imposed, together with $2,525 representing the costs of prosecution. Both parties filed exceptions ... One to reflect the additional checks, assessing the sum of $2,000 for each of the sixteen checks issued between 1999 ... actions of an administrative agency is limited. In re Taylor , 158 N.J. 644 , 656 (1999); Brady v. Bd. of ...

docket:	A1903-04
court:	NJ Superior Court Appellate Division
decided:	2006-08-01
status:	unpublished
citation:
Document Size:	47935

4294 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

4295 STATE OF NEW JERSEY v. DAVID B. MOSELEY -- rank: 264

... 54 , 88-89, cert. denied , ___ U.S. ___, 129 S. Ct. 158 , 172 L. Ed.2d 41 (2008). As for defendant's claim that the ... sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(2). We add the following brief comments. Defendant has a lengthy ...

docket:	a3957-08
court:	superior court appellate division
decided:	2011-01-21
status:	Unpublished
citation:
Document Size:	16829

4296 TAMIR MOSTAFA v. BOARD OF REVIEW, DEPARTMENT OF LABOR, et al. -- rank: 264

... 5/23/2004, establishing the base year period as 1/2/2003 through 12/31/2003. The claimant was employed [by ... for the base year period. The claimant believed the W-2 2003 earnings of $22,642.51 to be correct. He ... decision of an administrative agency is limited. In re Taylor , 158 N.J. 644 , 656 (1999); Brady v. Bd. of Review ... or federal constitution or violates express or implied legislative policies; (2) whether there is substantial evidence in the record to support ... See generally , Pressler, Current N.J. Court Rules , comment 7.2 on R. 2:10-2 (2007). Moreover, an administrative agency's exercise ...

docket:	A1943-05
court:	NJ Superior Court Appellate Division
decided:	2007-08-06
status:	unpublished
citation:
Document Size:	28766

4297 BELTON BRIMS v. NEW JERSEY DEPARTMENT OF CORRECTIONS -- rank: 264

... Faison of Suitland, Maryland. Faison purchased three money orders totaling $2,900 and sent them to three other NJSP inmates. One ... 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 ... s personal knowledge of the matters contained in such statement. 2. The Disciplinary Hearing Officer or Adjustment Committee is not permitted ...

docket:	a2320-10
court:	NJ Superior Court Appellate Division
decided:	2012-04-10
status:	unpublished
citation:
Document Size:	19221

4298 IN THE MATTER OF THOMAS F FRICANO, BOROUGH OF FREEHOLD -- rank: 264

... police training course. N.J.A.C. 4A:4-5.2(d)(1). On February 2, 2007, appellant, through a written letter, resigned to pursue other ... the core of this appeal. According to appellant, on February 2, 2007, after having served ten months of his one-year ... Law Enforcement Career." Although he did not work after February 2, he was paid through February 22, and his resignation was ... 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 ...

docket:	a2280-07
court:	NJ Superior Court Appellate Division
decided:	2009-01-13
status:	unpublished
citation:
Document Size:	31495

4299 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

4300 DAVID RIVARD v. AMERICAN HOME PRODUCTS, INC. -- rank: 261

... Superior Court of New Jersey, Law Division, Bergen County, No. L-8470-01. Donald S. MacLachlan argued the cause for appellants (MacLachlan Law Offices, L.L.C., and Stanley P. Kops of the Pennsylvania bar, admitted ... Mr. Kops, on the briefs). Roger W. Yoerges (Steptoe & Johnson, L.L.P.) of the District of Columbia bar, admitted pro hac ... if]. denied , 541 U.S. 990 , 124 S. Ct. 2040 , 158 L. Ed.2d 495 (2004). In 1963, however, the ...

docket:	a1244-08
court:	NJ Superior Court Appellate Division
decided:	2009-11-20
status:	unpublished
citation:
Document Size:	64021

4301 PAUL R. DANIELE v. CITY OF NEWARK -- rank: 261

... Court of New Jersey, Law Division, Essex County, Docket No. L-1760-07. Spencer & Associates, L.L.C., attorneys for appellant (Remi L. Spencer, of counsel and on the briefs). Law Offices of ... service as a holdover. Id. at 561. The court in L evine found this arrangement violated the clear terms of N ... of appointment and until a successor is appointed and qualified." 158 N.J. 333 , 348 (1999) (in some circumstances, ratification ...

docket:	a1104-07
court:	NJ Superior Court Appellate Division
decided:	2006-09-30
status:	unpublished
citation:
Document Size:	32540

4302 YUN v. FORD MOTOR CO. -- rank: 261

... in the Appellate Division, reported at 276 N.J. Super. 158 (1994).     CHIEF JUSTICE WILENTZ and JUSTICES HANDLER, POLLOCK, O'HERN ... SERVICE CENTER, INC., JOHN DOE, RICHARD ROE, PETER DOE, INC., l through 97 (the foregoing with the exception of Ford Motor ... and parts of a broken tire assembly. These events "transgress[ed] the judicial line beyond which liability should not be extended ... position is consistent with the Restatement (Second) of Torts § 435 (2) (l965):         The actor's conduct may be held not to ... it should have brought about the harm. See also William L. Prosser, Law of Torts , (Handbook Series), Sec. 4l, at 240 (3d. ed. 1964) (observing that "[a]s a practical matter, legal ...

docket:	a-30-95
court:	njsupreme
decided:	1996-01-18
status:
citation:	143 N.J. 162
Document Size:	32171

4303 RACHEL G. SHUSTER v. BOARD OF REVIEW, DEPARTMENT OF LABOR, et al. -- rank: 261

... of the evidence by the appellate court. In re Taylor , 158 N.J. 644 , 656 (1999). The appellate court must accord ... Brandt , 459 U.S. 962 , 103 S. Ct. 286 , 74 L. Ed.2d 272 (1982); City of Newark v. Natural Res . Council ... denied , 449 U.S. 983 , 101 S. Ct. 400 , 66 L. Ed.2d 245 (1980). Thus, the determinations of administrative agencies must ... 335 , 346 (App. Div. 1959). As stated in Taylor , supra , 158 N.J. at 656 (quoting Brady v. Bd. of ...

docket:	A1880-06
court:	NJ Superior Court Appellate Division
decided:	2007-10-18
status:	published
citation:	396 N.J.Super. 240
Document Size:	34049

4304 IRVINGTON POLICE BENEVOLENCE ASSOCIATION v. TOWNSHIP OF IRVINGTON -- rank: 259

... Court of New Jersey, Law Division, Essex County, Docket No. L-1715-11. Ramon E. Rivera argued the cause for appellants ... or order as a matter of law." R. 4:46-2. The court must not decide issues of fact, only whether ... of Chosen Freeholders, Cnty. Of Mercer , 169 N.J. 135 , 158 (2001); Feldman v. Urban Commercial, Inc. , 78 N.J. Super ... s discretion. Borough of Princeton , supra , 169 N.J. at 158; Untermann , supra , 19 N.J. at 518 (citing White v ... denied , 488 U.S. 908 , 109 S. Ct. 259 , 102 L. Ed.2d 248 (1988)). The Township relies on Winslow, Cohu & ...

docket:	a3991-12
court:	NJ Superior Court Appellate Division
decided:	2014-06-19
status:	unpublished
citation:
Document Size:	55401

4305 STATE OF NEW JERSEY v. ANTHONY DUDLEY -- rank: 259

... find no need to discuss them in this decision. R. 2:11-3(e)(2). We also reject defendant's first point, but explain our ... U.S. 36 , 53-54, 124 S. Ct. 1354 , 1365, 158 L. Ed.2d 177 , 194 (2004), which held that the Sixth Amendment ... v. Washington , 547 U.S. ___, 126 S. Ct. 2266 , 165 L. Ed.2d 224 (2006), statements are testimonial "when the ...

docket:	A1020-03
court:	NJ Superior Court Appellate Division
decided:	2007-02-05
status:	unpublished
citation:
Document Size:	33645