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4321 /usr/local/share/www/libweb/collections/courts/appellate/a4963-15.opn.html -- rank: 253

... a memorializing order. On May 27, 2016, pursuant to Rule 2:2-4, Public Service moved for leave to file an interlocutory appeal, which we granted on July 14, 2016. 2 This appeal followed. On appeal, Public Service argues that: (1 ... insufficient credible evidence in the record to support the ruling; (2) the court should have applied New York law pursuant to ... aid to interpretation.'" Templo Fuente de Vida Corp. v. Nat'l Union Fire Ins. Co. of Pittsburgh , 224 N.J. 189 ... Notably, in N. Bergen Rex Transp. v. Trailer Leasing Co. , 158 N.J. 561 (1999), our Supreme Court held that "'[ ...

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court:	NJ Superior Court Law/Chancery Division
decided:
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Document Size:	53404

4322 JOSEPH P. STEFANACCI v. MARCIA A. STEFANACCI -- rank: 253

... Turnback & Rybar, LLC, attorneys; Mr. Horn, on the brief). Eli L. Eytan argued the cause for respondent. PER CURIAM Plaintiff appeals ... the husband will pay to the wife the sum of $2,750 per week, as and for the support and maintenance ... until the happening of the following events: One, 13-1/2 years from February 1, 2002; cohabitation with a person unrelated ... alimony, support and maintenance of the [defendant], the sum of $2,750.00 per week. It is agreed and understood between ... permanent alimony beyond the thirteen and a half (13-1/2) obligation set forth herein. It is specifically further understood that ... v. Shinnihon U.S.A. Co. , 399 N.J. Super. 158 , 190 (App. Div.), certif. denied , 196 N.J. 85 ( ...

docket:	a1788-07
court:	NJ Superior Court Appellate Division
decided:	2009-03-23
status:	unpublished
citation:
Document Size:	51468

4323 RUMSON ESTATES, INC. v. MAYOR & COUNCIL BOROUGH OF FAIR HAVEN et al. -- rank: 253

... from Superior Court of New Jersey, Law Division, Monmouth County, L-5549-00.     Theodore D. Parsons, Jr. argued the cause for ... denied , 423 U.S. 808 , 96 S. Ct. 18 , 46 L. Ed.2d 28 (1975) (Mount Laurel I)]; Oakwood at Madison, Inc ... C.P. v. Township of Mount Laurel , 92 N.J. 158 , 217 (1983) (Mount Laurel II). The Court determined that the ... not the issue; such potential development, however beneficial, absent the 2,200 square foot requirement, is in direct contravention to a ... M. Cox, New Jersey Zoning and Land Use Administration § 35-2, at 724 (Gann 2002).] Here, there is no problem ...

docket:	a4748-00
court:	njappellate
decided:	2002-04-22
status:	published
citation:	*CITE_PENDING*
Document Size:	20402

4324 JINTAI CHEN v. BOARD OF REVIEW DEPARTMENT OF LABOR, and TYGER SCIENTIFIC, INC Submitted -- rank: 253

... sufficient merit to warrant discussion in a written opinion. Rule 2:11-3(e)(1)(E). We add the following brief ... 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). In the present case, the record fully ...

docket:	a0699-09
court:	superior court appellate division
decided:	2010-07-20
status:	unpublished
citation:
Document Size:	15861

4325 /usr/local/share/www/libweb/collections/courts/supreme/a2310-15.opn.html -- rank: 253

... sample which tested negative. He also alleges that on December 2, 2015, the prison required a second urine sample without a ... DOC's evidence, only one sample was taken - on December 2 - and that sample tested positive for drug use. A notice ... urine test. Appellant alleged that the prison confused his December 2 urine sample with that of another inmate. He contended that ... U.S. 471 , 480, 92 S. Ct. 2593 , 2600, 33 L. Ed.2d 484 , 494 (1972)). Prisoners receive limited due process protections ... based on substantial evidence in the record. In re Taylor , 158 N.J. 644 , 656 (1999). See also Avant , supra , ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	15621

4326 K.T. v. A.F. -- rank: 253

... defendant came to her residence in Jersey City and "slash[ed] her front driver[-]side car tire." The complaint further alleged ... he continued on ringing my doorbell[,] waking up my children." 2 Plaintiff claimed to have a police report regarding the incident ... 309 (2006) (quoting California v. Green , 399 U.S. 149 , 158, 90 S. Ct. 1930 , 1935, 26 L. Ed.2d 489 , 497 (1970)). In the present case, the court ... merits panel. Following oral argument, we granted defendant's motion. 2 In contrast to her testimony at the FRO hearing, ...

docket:	a2867-15
court:	NJ Superior Court Appellate Division
decided:	2017-07-28
status:	unpublished
citation:
Document Size:	28582

4327 SERGE TERNIER v. GARY SMITH -- rank: 253

... Court of New Jersey, Law Division, Middlesex County, Docket No. L-8678-06. Timothy E. Haggerty argued the cause for appellant ... insured creates a substantial likelihood of misuse.'" Kotler v. Nat' l R.R. Passenger Corp. , 402 N.J. Super. 372 , 378 ... U.S. 253 , 255, 84 S. Ct. 316 , 317, 11 L. Ed.2d 307 , 309 (1963)). The concern is that "references to ... substantially outweighed by the potential for undue prejudice."), certif. denied , 158 N.J. 74 (1999). Therefore, [t]he theory that supports ... that the house [would] be lost if the jury return[ed] a verdict for plaintiff and merely admonishe[d] the ...

docket:	a3996-08
court:	NJ Superior Court Appellate Division
decided:	2010-03-23
status:
citation:
Document Size:	85965

4328 IN THE MATTER OF CHRISTOPHER D'AMICO CITY OF PLAINFIELD FIRE DEPARTMENT -- rank: 253

... decision of the Civil Service Commission (Commission), affirming an April 2, 2019 initial determination by an administrative law judge (ALJ). The ... the card submitted with his employment application. A-4576-18T3 2 However, the City's Fire Chief decided to hire D ... heard the witnesses to judge . . . their credibility.' In re Taylor, 158 N.J. 644, 656 (1999) (quoting Close v Kordulak Bros ... standard, our scope of review is guided by three inquiries: (l) whether the agency's decision conforms with A-4576-18T3 5 relevant law; (2) whether the decision is supported by substantial credible evidence in ... result. Stallworth, 208 N.J. at 194; see also Taylor, 158 N.J. at 656-57 (discussing the narrow appellate ...

docket:	a4576-18
court:	NJ Superior Court Appellate Division
decided:	2020-10-19
status:	Unpublished
citation:
Document Size:	14777

4329 DIANA VERNACCHIA v. WARREN HOSPITAL -- rank: 253

... neurological injuries to her left ankle with lateral ganglion cysts; (2) spurs and plantar fasciitis in both feet; (3) lower back ... the incident. Is that correct? PETITIONER: I believe this trigger[ed] something in my body [and it] is causing all those ... J. Super. 542, 548 (App. Div. 2009) (citing Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. 366 ... we might have reached a different result. In re Taylor , 158 N.J. 644, 657 (1999) (citing Clowes v. Terminix Int'l, Inc. , 109 N.J. 575, 588 (1988)); See also Sager ... produced the harmful radiation alleged in the initial claim petition. 2 Next, petitioner testified that she believed her physical complaints ...

docket:	a4634-14
court:	NJ Superior Court Appellate Division
decided:	2016-10-19
status:	unpublished
citation:
Document Size:	32295

4330 DIVISION OF YOUTH AND FAMILY SERVICES v. R.G. -- rank: 253

... MATTER OF THE GUARDIANSHIP OF A.K., Minor. ___________________________________________________ Argued March 2, 2010 - Decided Before Judges Wefing, Grall and Messano. On appeal ... K. (Yvonne Smith Segars, Public Defender, Law Guardian, attorney; Janet L. Fayter, Assistant Deputy Public Defender, of counsel and on the ... was relaxed, personable, talkative . . . [and] appeared comfortable, happy, interested, talk[ed] with her foster mother and engage[d] in play with ... de] plenty of physical contact with her mother and enjoy[ed] her attention and warmth." Contrary to Jeffrey's opinion, Quintana ... or will continue to be endangered by the parental relationship; (2) The parent is unwilling or unable to eliminate the harm ... Adoption of a Child by W.P. , 163 N.J. 158 , 196 (2000); see also 187 N.J. 556 , 563- ...

docket:	a2762-08
court:	superior court appellate division
decided:	2010-04-12
status:	unpublished
citation:
Document Size:	64359

4331 MILTON PERKINS v. BOARD OF TRUSTEES PUBLIC EMPLOYEES RETIREMENT SYSTEM - -- rank: 253

... 19, 2017. The emergency department records show Perkins '[r]eport[ed] right calf pain,' that 'started acutely yesterday while training.' There ... eventually diagnosed with a blood clot in A-3350-21 2 the leg, which turned into an untreatable blockage and led ... the red suit as 'a foam padded suit that cover[ed] [him] from head to toe.' He explained that Perkins performed ... result of a traumatic event that was undesigned and unexpected; (2) rejecting the ALJ's decision and finding that Perkins' s ... its charge. Allstars Auto Grp., Inc., 234 N.J. at 158. Nevertheless, decisions 'made by an administrative agency entrusted to apply ... Super. 80, 99 (App. Div. 2015) (quoting In re Election L. Enf't Comm'n Advisory Op. No. 01-2008, ...

docket:	a3350-21
court:	NJ Superior Court Appellate Division
decided:	2024-01-10
status:	Unpublished
citation:
Document Size:	20706

4332 STATE OF NEW JERSEY VS MICHAEL DRUMMOND, ET AL -- rank: 253

... Webster (Ballen, Gertel & DiCintio, attorneys; Ms. DiCintio, of counsel; Nancy L. Hart-Esposito, on the brief).         Fred B. Last, Assistant Deputy ... possession of a controlled dangerous substance (CDS) under See footnote 2 As they did, two defendants, Drummond and Kato, immediately left ... location and that the officer who drove must have "screech[ed] on his brakes, flip[ped] his car, turn[ed] his car to the left, and block[ed] the driveway." In essence, he determined that the officers' very ... J. 1 (1997) and State v. Tucker , 136 N.J. 158 (1994) to be apt, the judge applied the "fruit ...

docket:	a5418-96
court:	njappellate
decided:	1997-10-24
status:	published
citation:	305 N.J.Super. 84
Document Size:	12300

4333 STATE OF NEW JERSEY v. NATHAN G. FOWLKES -- rank: 253

... Early Release Act, N.J.S.A. 2C:43-7.2. On appeal, we affirmed, State v. Fowlkes , No. A-2958 ... as to warrant extensive discussion in a written opinion. R. 2:11-3(e)(2). Defendant has not established a prima facie case of ineffective ... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984); State v. Fritz , 105 N.J ... have] acquit[ted] . . . defendant of the greater charge and convict[ed] [him] of the lesser [charge]." State v. Brent , 137 ...

docket:	A1588-05
court:	NJ Superior Court Appellate Division
decided:	2007-12-07
status:	unpublished
citation:
Document Size:	27902

4334 STATE OF NEW JERSEY v. RICARDO DIAZ -- rank: 253

... RICARDO DIAZ, a/k/a RICARDO DIAZCAMEJO, Defendant-Appellant. ____________________________________ November 2, 2016 Submitted October 17, 2016 – Decided Before Judges Sabatino ... Early Release Act, N.J.S.A. 2C:43-7.2. In response to the court's query at the plea ... required under N.J.S.A. 2C:15-1; and (2) due to his condition at the time of his April ... he had been "hallucinating" at the convenience store. Id. at 158. He has also set forth potentially justifiable "reasons for withdrawal" of his plea. Id. at 159. 2 These factually dependent points are best sorted out first at ... U.S. 668 , 694, 104 S. Ct. 2052 , 2068, 80 L. Ed.2d 674 , 697 (1984). In remanding this matter ...

docket:	a5832-13
court:	NJ Superior Court Appellate Division
decided:	2016-11-02
status:	unpublished
citation:
Document Size:	21322

4335 JAMES MARTIN v. NEW JERSEY DEPARTMENT OF CORRECTIONS -- rank: 253

... it would have reached a different result.'" In re Taylor , 158 N.J. 644 , 657 (1999) (citing Clowes v. Terminix Int'l, Inc. , 109 N.J. 575 , 588 (1988)). The burden of ... U.S. 471 , 480, 92 S. Ct. 2593 , 2600, 33 L. Ed.2d 484 , 494 (1972)). See also McDonald v. Pinchak , 139 ... of the charges, N.J.A.C. 10A:4-9.2; given the charges in writing and permitted to enter his ... a delay after considering: "1. The length of the delay; 2. [t]he reason for the delay; 3. [p]rejudices ...

docket:	a2512-10
court:	New Jersey Superior Court Appellate Division
decided:	2013-05-21
status:	Published
citation:
Document Size:	20472