Search Rutgers Law Library N.J. Court Opinions

4336 /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 , ...

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

4337 /usr/local/share/www/libweb/collections/courts/supreme/a2512-10.opn.html -- 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:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	20451

4338 STATE OF NEW JERSEY v. OMAR SAUNDERS -- rank: 253

... N.J.S.A. 2C:11-3(a)(1) and (2) (count one); second-degree possession of a firearm for an ... hindering prosecution, N.J.S.A. 2C:29-3(a)(2) (count six); third-degree tampering with a witness, N.J ... to the effective assistance of counsel and a fair trial; (2) appellate counsel failed to provide him with effective assistance of ... v. Washington , 541 U.S. 36 , 124 S. Ct. 1354 , 158 L. Ed.2d 177 (2004) was without merit because defendant was ...

docket:	a6164-10
court:	NJ Superior Court Appellate Division
decided:	2014-04-30
status:	unpublished
citation:
Document Size:	12254

4339 STATE OF NEW JERSEY IN THE INTEREST OF A.R.S. -- rank: 253

... conspiracy to commit robbery, N.J.S.A. 2C:5-2 and 2C:15-1a(1); first-degree robbery, N.J ... 1); first-degree carjacking, N.J.S.A. 2C:15-2; second-degree unlawful possession of a weapon, N.J.S ... interviewed A.G., who was unavailable to testify at trial. 2 The police then compiled a photographic array and showed it ... 541 U.S. 36 , 59, 124 S. Ct. 1354 , 1369, 158 L. Ed.2d 177 , 197 (2004); State v. Branch , 182 N. ...

docket:	a2710-12
court:	NJ Superior Court Appellate Division
decided:	2014-11-05
status:	unpublished
citation:
Document Size:	17777

4340 STATE OF NEW JERSEY v. GREGORY SHEPHERD -- rank: 253

... J. 54, 140, cert. denied, __ U.S. __, 129 S. Ct. 158, 172 L. Ed. 2d 41 (2008) requires that the accused not ingest, regurgitate ... approximately fifty minutes prior to the test. A-4606-08T4 2 proof necessary to show that defendant did not ingest, regurgitate ...

docket:	a4606-08
court:	superior court appellate division
decided:	2009-12-17
status:	unpublished
citation:
Document Size:	6671

4341 MERIDIAN NURSING and REHABILITATION INC v. EDMUND SKWARA -- rank: 253

... Court of New Jersey, Law Division, Mercer County, Docket No. L-0956-15. Carl G. Archer argued the cause for appellant ... mother's resources is disputed, we reverse. A-5369-16T1 2 In assuming contractual responsibility to coordinate payment through Medicaid, if ... property was $3,000,000.1 Based on mortgages of $2,790,456 taken out to construct a restaurant, she found ... five percent ownership interests in Skwara LLC was worth $157,158. The Director also found that HOP 33 was paying rent ... money judgments against third parties. In Manahawkin, the Court 'caution[ed] nursing homes and their counsel' that the Nursing Home Act ... or a resident of the facility: A-5369-16T1 5 .... (2) require a third party guarantee of payment to the ...

docket:	a5369-16
court:	NJ Superior Court Appellate Division
decided:	2019-01-18
status:	Unpublished
citation:
Document Size:	23447

4342 KRISTINE ZUTELL v. POLICE AND FIREMEN'S RETIREMENT SYSTEM -- rank: 253

... denied , 449 U.S. 983 , 101 S. Ct. 400 , 66 L. Ed.2d 245 (1980), and defer to its fact finding. Mazza ... must establish: 1. that he is permanently and totally disabled; 2. as a direct result of a traumatic event that is ... Zutell's credibility is entitled to deference. In re Taylor , 158 N.J. 644 , 656-57 (1999). Moreover, the ALJ found ...

docket:	a0065-11
court:	NJ Superior Court Appellate Division
decided:	2012-10-03
status:	unpublished
citation:
Document Size:	20334

4343 NL INDUSTRIES, INC. v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, et al. -- rank: 253

... NL Indus . v. N . J . Dep't of Env t l . Prot. , Nos. A-5804-04T2 and A-6094-04T2 (App. Div. March 2, 2007). Within that opinion we set forth the history of ... commenced in the first instance in this court under R. 2:2-3(a)(2). That rule provides in pertinent part that actions "to review ... explicitly or implicitly, its intent that the statute apply retroactively; (2) the statute is curative; or (3) the expectation of ...

docket:	a5900-05
court:	njappellate
decided:	2007-12-19
status:	published
citation:	*CITE_PENDING*
Document Size:	63216

4344 FELICIA M. WEBB v. BOARD OF REVIEW DEPARTMENT OF LABOR, and RPI INDUSTRIES -- rank: 253

... LABOR, and RPI INDUSTRIES, Respondents. ______________________________________________ June 10, 2011 Submitted June 2, 2011 - Decided Before Judges Cuff and Fisher. On appeal from ... to which we are required to defer. In re Taylor , 158 N.J. 644, 656 (1999); Brady v. Bd. of Review ... advise[d] of the claimant's leaving. The claimant gather[ed] her belongings and was escorted out of the building. The ... drawn from these facts, however, is not deferential. Manalapan Realty, L.P. v. Manalapan Twp. Comm. , 140 N.J. 366 , 378 ...

docket:	a4540-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-10
status:	unpublished
citation:
Document Size:	11395

4345 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

4346 STATE OF NEW JERSEY v. MARISOL MENDEZ-PALMAS -- rank: 253

... her motion to dismiss the second-degree crime was denied, 2 defendant pled guilty to the lesser indictable charge and was ... limited to whether the defendant has "'clearly and convincingly establish[ed] that the prosecutor's decision constitutes a patent and gross ... the crime was (1) part of organized criminal activity; or (2) part of a continuing criminal business or enterprise; or (3 ... because of the nature of the offense." State v. Caliguiri , 158 N.J. 28 , 36 (1999) (citation omitted). We have recently ... to factor (1) the nature of the offense, and factor (2) the facts of the case. N.J.S.A. 2C:43-12(e)(1), (2). The prosecutor argued to the judge that defendant had ...

docket:	a5967-12
court:	New Jersey Superior Court Appellate Division
decided:	2014-10-16
status:	Published
citation:
Document Size:	20960

4347 NEW JERSEY SHORE BUILDERSASSOCIATION; CENTRAL JERSEYBUILDERS ASSOCIATION; and NEWJERSEY BUILDERS ASSOCIATION,all not-for-profit corporationsof the State of New Jersey,Plaintiffs-Respondents -- rank: 253

... requested release and return of all "escrow" deposits, See footnote 2 including interest collected by the Township under the regulations, to ... add Detention Basin Maintenance Regulations (§ 26-88). Section 175-186.2 provides in relevant part:         C. Maintenance.         (1) At the time ... shall be stipulated and recorded in the resolution of approval.         (2) Where continued maintenance is to be the responsibility of the ... N.J. Super. 224 , 241 (App. Div. 1998), aff'd , 158 N.J. 211 (1999).     Accordingly, we reverse the order granting ... of subrogation rights from any of their constituent members. Footnote: 2 We inquired as to the existence of escrow agreements and ... denied , 513 U.S. 1000 , 115 S. Ct. 510 , 130 L. Ed.2d 417 (1994); Southport Development Group, Inc. v. ...

docket:	a5114-97
court:	njappellate
decided:	1999-10-08
status:	published
citation:	325 N.J.Super. 412
Document Size:	27883

4348 RAMON CLASS VS AMERICAN ROLLER DIE CORPORATION, ET ALS -- rank: 253

... Buyer [P & F] hereunder is the amount stated in Section 2 hereof, and that Buyer [P & F] assumes no liability or ... 2A:53A-1, nor the Comparative Negligence Act, See footnote 2 American manufactured it from 1970 until 1988, the year of ... denied. , 449 U.S. 912 , 101 S. Ct. 286 , 66 L. Ed.2d 140 (1980).     We conclude that an equal apportionment of ... particular market for a product. E.g. , 63 Am. Jur 2 d Products Liability § 179, at 213 (1997). In essence, the ... manufacturer caused by the successor's acquisition of the business, (2) the successor's ability to assume the original manufacturer' ...

docket:	a0935-96
court:	njappellate
decided:	1998-01-30
status:	published
citation:	308 N.J.Super. 47
Document Size:	27970

4349 STATE OF NEW JERSEY v. RAFAEL ORTIZ -- rank: 253

... charged with felony murder, N.J.S.A. 2C:5-2, -4a; third-degree possession of a weapon for an unlawful ... in this appeal. Although the plain error standard of Rule 2:10-2 consequently applies to our review of the charge issues, we ... 325 , 333-35 (App. Div. 1998), aff'd o.b. , 158 N.J. 149 , 150 (1999). At times "it may be ... For Another's Conduct/Accomplice," N.J.S.A. 2C:2-6 (revised May 22, 1995). These principles readily apply to ... denied , 528 U.S. 1084 , 120 S. Ct. 809 , 145 L. Ed.2d 681 (2000). Nor is there any reversible ...

docket:	a1839-07
court:	superior court appellate division
decided:	2010-08-02
status:	unpublished
citation:
Document Size:	74667

4350 PATRICIA FAGAN v. BOARD OF REVIEW, DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT and SCIENTIFIC PARTS AND SERVICES, INC -- rank: 253

... 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); Newark v. Natural Res. Council , 82 N ... denied , 449 U.S. 983 , 101 S. Ct. 400 , 66 L. Ed.2d 245 (1980). Thus, the determinations of the administrative agencies ... Liquors , supra , (slip op. at 8); Clowes v. Terminix Int'l, Inc. , 109 N.J. 575 , 578 (1988). We have ...

docket:	a6156-07
court:	superior court appellate division
decided:	2009-08-21
status:	unpublished
citation:
Document Size:	22512