Search Rutgers Law Library N.J. Court Opinions

4366 Harleysville Insurance Companies v. David Garitta, et als. -- rank: 253

... limitations, and are consistent with public policy. (pp. 10-111) 2. As a general rule, policy exclusions of the type at ... who are plaintiffs in the wrongful death action (defendants), and (2) David, David's father (the two insureds), and Joseph Licata ... 168 N.J. 590 , 595 (2001) (quoting Gibson v. Callaghan , 158 N.J. 662 , 670 (1999)). Second, “[p]olicy provisions that ... reiterated that the “general trend” in the case law “requir[ed] an inquiry into the actor's subjective intent to cause ... expressly insured against in the policy.'” (quoting Zuckerman v. Nat'l Union Fire Ins. Co. , 100 N.J. 304 , 324 (1985 ... s description of the incident is accepted, then the S.L. Industries and Karlinski tests do not necessarily lead to ...

docket:	a-72-00
court:	njsupreme
decided:	2001-12-17
status:
citation:	170 N.J. 223
Document Size:	66753

4367 MARK SMITH v. NEW JERSEY DEPARTMENT OF CORRECTIONS -- rank: 253

... such as a telephone. N.J.A.C. 10A:1-2.2. The disciplinary report specified: On 01/16/2012 the Southern ... the cell phone contained a photo of I/M Smith." 2 Additionally, paragraph 20 of the decision states: "Evidence and I ... U.S. 471 , 480, 92 S. Ct. 2593 , 2600, 33 L. Ed.2d 484 , 494 (1972)). However, in such a context, prisoners ... statement. See Fisher v. Hundley , 240 N.J. Super. 156 , 158 (App. Div. 1990) (stating that any redacted information and ...

docket:	a3359-11
court:	NJ Superior Court Appellate Division
decided:	2013-10-21
status:	unpublished
citation:
Document Size:	19171

4368 JACQUELINE A. CRAWFORD v. BOARD OF REVIEW, DEPARTMENT OF LABOR, et al. -- rank: 253

... a human resource assistant from October 1, 1984, through September 2, 2005. On August 23, 2005, claimant gave her employer notice ... advising that her last day of work would be September 2, 2005. Claimant left employment because she had been having transportation ... A hearing was conducted before the Appeal Tribunal on November 2, 2005. On November 16, 2005, the Appeal Tribunal issued its ... of the evidence by the appellate court. In re Taylor , 158 N.J. 644 , 656 (1999). The appellate court must accord ... denied , 449 U.S. 983 , 101 S. Ct. 400 , 66 L. Ed.2d 245 (1980). Thus, the determinations of the administrative ...

docket:	A2456-05
court:	NJ Superior Court Appellate Division
decided:	2006-09-14
status:	unpublished
citation:
Document Size:	16570

4369 STATE OF NEW JERSEY v. YOSEF A. KOLKO -- rank: 253

... Early Release Act, N.J.S.A. 2C:43-7.2. Defendant was also subject to Megan's Law, N.J ... merit to warrant extensive discussion in a written opinion. R. 2:11-3(e)(2). We affirm substantially for the reasons expressed by Judge Hodgson ... plea was entered pursuant to a plea bargain. Id. at 158. And, lastly, the court must consider "whether withdrawal would result ... voluntary, counseled plea. See Slater , supra , 198 N.J. at 158 ("A bare assertion of innocence is insufficient to justify withdrawal ... 2013), cert. denied , ___ U.S. ___, 134 S. Ct. 1329. 188 L. Ed. 2d 339 (2014). "'[W]hether a trial court ...

docket:	a1561-13
court:	NJ Superior Court Appellate Division
decided:	2016-01-06
status:	unpublished
citation:
Document Size:	26519

4370 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

4371 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

4372 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

4373 Jaquez v. National Continental Ins. Co. -- rank: 253

... deemed vitiated and there is no coverage. (Pp. 6-10) 2. The trial court properly granted summary judgment in favor of ... denied , 434 U.S. 923 , 98 S. Ct. 402, 54 L. Ed. 281 (1977). In Motor Club , in which Justices Clifford and ... Division reversed in a reported opinion. Jaquez v. National Cont’l Ins. Co. , 356 N.J. Super. 260 (2002). The panel ... kind at issue here. Rutgers Cas. Ins. Co. v. Collins , 158 N.J. 542 , 548 (1999). Adopted over forty years ago ... denied , 434 U.S. 923 , 98 S. Ct. 402 , 54 L. Ed.2d 281 (1977). In that case, the insured ...

docket:	a-74-02
court:	njsupreme
decided:	2003-11-26
status:
citation:	178 N.J. 88
Document Size:	43767

4374 IN THE MATTER OF J.B. -- rank: 253

... an independent living agreement, N.J.S.A. 30:4C-2.3. We are called upon to determine whether the Division ... beaten path." Pursuant to N.J.S.A. 30:4C-2.3, the Division shall provide services to qualified individuals between ... independent and productive adult." N.J.S.A. 30:4C-2.3(c). The Division's Field Operations Casework Policy and ... denied , 449 U.S. 983 , 101 S. Ct. 400 , 66 L. Ed.2d 245 (1980). The burden of showing the agency's ... 355 (1987) (quoting Boyle v. Riti , 175 N.J. Super. 158 , 166 (App. Div. 1980)). The reviewing court "should not ...

docket:	a4771-13
court:	NJ Superior Court Appellate Division
decided:	2015-03-25
status:	unpublished
citation:
Document Size:	18556

4375 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

4376 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

4377 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

4378 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

4379 STATE OF NEW JERSEY v. SAMUEL CATHCART -- rank: 253

... 1985) (quoting McCormick on Evidence , § 185 at 544 (3rd ed. 1984)). Defendant contended in his statement to the police that ... deprives the defendant of a fair trial." State v. Frost , 158 N.J. 76 , 83 (1999). The assessment of the alleged ... counsel made timely and proper objections to the improper remarks; (2) whether the remarks were withdrawn promptly; and (3) whether the ... Arizona , 384 U.S. 436 , 86 S. Ct. 1602 , 16 L. Ed.2d 694 (1966). Defendant argues the not guilty verdicts on ... Washington , 542 U.S. 296 , 124 S. Ct. 2531 , 159 L. Ed.2d 403 (2004), since such sentence exceeded the ...

docket:	A2697-04
court:	NJ Superior Court Appellate Division
decided:	2006-04-25
status:	unpublished
citation:
Document Size:	39684

4380 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