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4351 DEBRA STEELE v. MICHAEL STEELE -- rank: 253

... We affirm. I. Plaintiff and defendant were married on July 2, 1994. Plaintiff filed a complaint for divorce in 2004. The ... s motions because of the existing first appeal. See R. 2:9-1(a). We ultimately dismissed the second appeal as ... supra , 342 N.J. Super. at 302, see also R. 2:10-1 (a court's ruling on a new trial ... denied , 532 U.S. 931 , 121 S. Ct. 1380 , 149 L. Ed.2d 306 (2001). Lastly, our standard of review regarding the ... NAACP v. Mount Laurel T w p. , 92 N.J. 158 , 292-93 (1983), it has noted that courts should ...

docket:	a3737-07
court:	NJ Superior Court Appellate Division
decided:	2009-11-10
status:	unpublished
citation:
Document Size:	58644

4352 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

4353 SHORELINE MANAGEMENT DEVELOPMENT & REALTY CO., INC., et al. v. NEW JERSEY COUNCIL ON AFFORDABLE HOUSING, et al. -- rank: 253

... New Jersey Council on Affordable Housing, COAH 04-1608. Ronald L. Shimanowitz argued the cause for appellant (Hutt & Shimanowitz, attorneys; Mr ... combination of the following methods: (1) a regional contribution agreement; (2) construction of new affordable housing units within the Edgemont, Village ... third round petition, which as we note above (see fn. 2) includes any unmet second round affordable housing obligations. It is ... denied , 423 U.S. 808 , 96 S.Ct. 18 , 46 L. Ed. 2 d 28 (1975) ( Mount Laurel I ) and Southern Burlington ...

docket:	A2174-04
court:	NJ Superior Court Appellate Division
decided:	2006-10-27
status:	unpublished
citation:
Document Size:	62475

4354 RENE ACEVEDO v. NEW JERSEY DEPARTMENT OF CORRECTIONS -- rank: 253

... his defense. See N.J.A.C. 10A:4-9.2. Appellant, who appeared at the hearing with counsel substitute, pled ... Twp. , 199 N.J. 1, 9 (2009); In re Taylor , 158 N.J. 644 , 656 (1999). We will not disturb the ... unreasonable; that is, (1) "the agency's action violates express[ed] or implied legislative policies"; (2) "the record [does not] contain[] substantial evidence to support the ... denied , 449 U.S. 983 , 101 S. Ct. 400 , 66 L. Ed.2d 245 (1980). An appellate court may not reverse ...

docket:	a2128-14
court:	NJ Superior Court Appellate Division
decided:	2016-04-05
status:	unpublished
citation:
Document Size:	16483

4355 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

4356 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

4357 STATE OF NEW JERSEY v. JOSE CORREA -- rank: 253

... merit to warrant extensive discussion in a written opinion, R. 2:11-3(e)(2), and we affirm the December 13, 2002 order denying defendant ... sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(2). Defendant acknowledged that the police had directed him to pull ... death or injury to any person." See State v. Wallace , 158 N.J. 552 , 559 (1999). III. Lastly, defendant argues that ... Washington , 542 U.S. 296 , 124 S. Ct. 2531 , 159 L. Ed.2d 403 (2004), because the trial court imposed ...

docket:	a6552-03
court:	njappellate
decided:	2005-10-06
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	66052

4358 STATE OF NEW JERSEY v. B.H.M. -- rank: 253

... rejection of his plea agreement was an abuse of discretion, 2) The victim's surgeon provided expert testimony, but was never ... denied , 429 U.S. 940 , 97 S. Ct. 357 , 50 L. Ed.2d 310 (1976)), certif. denied , 138 N.J. 269 (1994 ... plain error "clearly capable of producing an unjust result." R. 2:10-2. Additionally, "[t]he possibility of an unjust result must be ... assertions during a trial." State v. Smith , 167 N.J. 158 , 177-78 (2001). When summing up a prosecutor should " ...

docket:	a2660-14
court:	NJ Superior Court Appellate Division
decided:	2017-02-16
status:	unpublished
citation:
Document Size:	30194

4359 LIONELL G. MILLER v. NEW JERSEY DEPARTMENT OF CORRECTIONS -- rank: 253

... morning. A different hearing officer resumed the hearing on March 2, 2009. After considering all the testimonial and documentary evidence submitted ... administrative segregation and thirty-eight days loss of recreation privileges; (2) for each act under *.002, thirty days detention, crediting time ... prison. He maintains he was never informed of the March 2 hearing. Miller filed an institutional appeal from the hearing officer ... unsupported by credible evidence in the record. In re Taylor , 158 N.J. 644 , 657 (1999); Henry v. Rahway State Prison ... 229 , 234 (1973), and otherwise, the claim lacks merit. R. 2:11-3(e)(1)(E). A review of the letter ... U.S. 471 , 480, 92 S. Ct. 2593 , 2601, 33 L. Ed.2d 484 , 494 (1972)). The record reflects Miller ...

docket:	a4377-08
court:	superior court appellate division
decided:	2010-05-07
status:	unpublished
citation:
Document Size:	28350

4360 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

4361 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:	a5877-05
court:	njappellate
decided:	2007-12-19
status:	published
citation:	*CITE_PENDING*
Document Size:	63213

4362 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

4363 MARY BRADLEY, Petitioner-Respondent v. STATE OF NEW JERSEY, Respondent-Appellant.<br -- rank: 253

... to park in that garage, and whose "credentials" See footnote 2 2 otherwise are satisfactory, has been denied a permit by the ... the 1979 amendments to the Act."), modified on other grounds , 158 N.J. 681 (1999), and Ramos v. M & F Fashions ... Lex K. Larson, Larson's Workers' Compensation Law , § 13.04(2) (2001); A. Stephens, Annotation, Workers' Compensation: Coverage of Injury Occurring ... Employee Was Going to or Coming From Work , 4 A.L.R. 5th 443 (1992). We begin with Livingstone v. Abraham ... lots. We are comfortable in concluding that the State "control[ed] its employees' use of property for ingress or egress ...

docket:	a5211-99
court:	njappellate
decided:	2001-10-31
status:	published
citation:	344 N.J. Super. 568
Document Size:	38676

4364 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

4365 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