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3901 STATE OF NEW JERSEY v. DIEGO VALLEJO -- rank: 306

... Defendant-Appellant. ________________________________________________________________ Argued January 7, 2008 - Decided Before Judges S.L. Reisner, Gilroy and Baxter. On appeal from Superior Court of ... a reasonable doubt. State v. D.A. , 191 N.J. 158 , 163 (2007). Defendant argues that he should be acquitted on ... 295 N.J. Super. 459 , 468 (App. Div. 1996); R. 2:10-2. When determining whether a curative instruction is adequate, the Court ... adequate because (1) the court struck the offending remark immediately, (2) the court gave the curative instruction immediately after a brief ... not clearly capable of producing an unjust result. See R. 2:10-2. V. In Point IV, defendant argues that ...

docket:	a6124-05
court:	njappellate
decided:	2008-01-25
status:	published
citation:	*CITE_PENDING*
Document Size:	50455

3902 JOSEPH B. PARUSZEWSKI VS TOWNSHIP OF ELSINBORO, TOWNSHIP COMMITTEE OF TOWNSHIP TOWNSHIP OF ELSINBORO, ET AL -- rank: 306

... before the zoning board in opposition to the application; and (2) the zoning board's decision was arbitrary, capricious, and unreasonable ... There, as in Burmore Co. v. Smith , 124 N.J.L. 541 (E. & A. 1940), the court was dealing with a ... Cox, New Jersey Zoning and Land Use Administration , §11-1.2 at 191 (1995) the following comment on State v. Gargiulo ... of Zoning and Planning , §51.01 at 51-9 (4th ed. 1994).     Plaintiff's evidence wholly fails to meet the principles ... be in violation of their authority.              [ Id. at 508 n.2.] The court also said:             The township. . . and the zoning board ... of Dover v. Board of Adj. of Tp. of Dover , 158 N.J. Super. 401 (App. Div. 1978), another panel ...

docket:	a5692-95
court:	njappellate
decided:	1997-02-20
status:	published
citation:	297 N.J.Super. 531
Document Size:	34071

3903 STATE OF NEW JERSEY v. KIMBERLY KILLION -- rank: 306

... to assault by auto, N.J.S.A. 2C:12-l(c)(3). We affirm. I. We recite the facts from ... treated. Defendant was transported to the hospital A-3724-20 2 and consented to officers obtaining a blood sample. Defendant’s ... AND VOLUNTARY IN NATURE IN VIOLATION OF [RULE] 3:9-2. POINT II DEFENDANT SHOULD HAVE BEEN PERMITTED TO WITHDRAW HER ... required to satisfy both prongs of the standard establishing that: (l) counsel's performance was deficient and he or she made ... by the Sixth Amendment to the United States Constitution; and (2) the defect in performance prejudiced defendant's rights to a ... by a Warren2 argument at sentencing . . . and the forfeiture of 2 Under Warren, a defendant has the right to argue ...

docket:	a3724-20
court:	NJ Superior Court Appellate Division
decided:	2023-03-14
status:	Unpublished
citation:
Document Size:	26081

3904 Margaret Samuel v. John Doe -- rank: 306

... 5.1 Version This case can also be found at 158 N.J. 134. SYLLABUS (This syllabus is not part of ... fictitious defendant rule should be relaxed under Rule 1:1-2. The court stated, however, that although Samuel need not prove ... there should be a two-step proceeding. (pp. 8-11) 2. In the first proceeding, Samuel must establish that there was ... Gebhardt & Kiefer , attorneys; Robert G. Engelhart , on the brief). Kelley L. Johnson argued the cause for respondent ( Pellettieri, Rabstein and Altman ... provisions of the father's automobile insurance policy. See footnote 2 The issue that divided the panel was a procedural question ... be relaxed because justice so required under Rule 1:1-2. The court stated, however, that although plaintiff “does not ...

docket:	a-216-97
court:	njsupreme
decided:	1999-04-21
status:
citation:	158 N.J. 134
Document Size:	35237

3905 E.D. v. HORIZON NJ HEALTH -- rank: 306

... change in their medical conditions. Instead, petitioners A-4246-16T1 2 contend their PCA services were reduced because their health management ... a friend. See N.J.A.C. 10:60-3.2. A-4246-16T1 3 3.5(a)(3). Horizon representative ... PCA Tool assigns scores for the 'level of help . . . need[ed] for each [ADL] activity.' Pertinent to E.D.'s appeal ... the previous approval occurred in error.' The ALJ also 'question[ed] the efficacy of [the PCA T]ool in the absence ... Finklestein testified at the OAL hearing on behalf of Horizon. 2 Relevant to I.W.'s appeal, Finkelstein explained the 120 ... preparation. Finally, pursuant to the PCA Tool's laundry category, 2 The ALJ who conducted I.W.'s hearing was ...

docket:	a4246-16
court:	NJ Superior Court Appellate Division
decided:	2018-12-07
status:	Unpublished
citation:
Document Size:	34664

3906 ARTHUR SOULES v. MOUNT HOLINESS MEMORIAL PARK et al. -- rank: 306

... from Superior Court of New Jersey,     Law Division, Morris County, L-2861-99.     Matthew R. Grabell argued the cause for appellant ... of course, plaintiff must prove "[1] that he was [handicapped], [2] that he was performing his job at a level that ... the same work after he left." Clowes v. Terminix Int'l, Inc. , 109 N.J. 575 , 597 (1988). See also Viscik ... activities. See e.g. 42 U.S.C.A. §12102 (2)(A); 29 U.S.C.A. §705 (9)(B). The ... patterned state laws. E.g. , 29 C.F.R. § 1630.2(j)(2)(ii); 29 C.F.R. § 1614.203(b). Because ...

docket:	a5135-00
court:	njappellate
decided:	2002-11-06
status:	published
citation:	354 N.J. Super. 569
Document Size:	22915

3907 STEPHANIE ANGUS V. BOARD OF EDUCATION OF THE BOROUGH OF METUCHEN -- rank: 306

... Angus filed a petition with the New A-1979-21 2 Jersey Commissioner of Education (the Commissioner) claiming she was entitled ... same as that governing a motion under Rule 4:46-2 for summary judgment in civil litigation,' and we review an agency order granting a summary decision de novo. L.A. v. Bd. of Educ. of City of Trenton, Mercer ... Richardson, 192 N.J. at 196 (quoting In re Taylor, 158 N.J. 644, 658 (1999)). Where an agency decides an ... context,' and, 'unless inconsistent with the manifest intent of the [L]egislature or . . . [a] different meaning is expressly indicated,' we must ... to extrinsic sources.' State v. D.A., 191 N.J. 158, 164 (2007). Stated differently, '[w]hen the text of ...

docket:	a1979-21
court:	NJ Superior Court Appellate Division
decided:	2023-04-06
status:	Published
citation:
Document Size:	35644

3908 DEBRA S. SMERLING, et al. v. HARRAH'S ENTERTAINMENT, INC., et al. -- rank: 306

... Superior Court of New Jersey, Law Division, Middlesex County, MID-L-8733-04. Wacks & Hartmann, attorneys for appellants (William J. Pinilis ... the negative, reverse the trial court's Rule 4:6-2(e) dismissal, and reinstate plaintiffs' complaint. The facts material to ... defendants moved to dismiss plaintiffs' complaint under Rule 4:6-2(e) for lack of jurisdiction or, alternatively, to remand the ... the CCC. The motion judge, pursuant to Rule 4:6-2(e), dismissed the first two counts of plaintiffs' complaint alleging ... of dismissal of a complaint pursuant to Rule 4:6-2(e) for failure to state a claim upon which relief ... Thus, a motion to dismiss pursuant to Rule 4:6-2(e) may be granted only if, accepting all well- ...

docket:	A1689-05
court:	NJ Superior Court Appellate Division
decided:	2006-12-13
status:	published
citation:	389 N.J. Super. 181 912 A.2d 168
Document Size:	33344

3909 /usr/local/share/www/libweb/collections/courts/appellate/a5477-13.opn.html -- rank: 306

... appellant (Critchley, Kinum & DeNoia, LLC, attorneys; Mr. Critchley and Christopher L. Fox, on the brief). Andrew Burroughs, Special Deputy Attorney General ... degree eluding law enforcement, N.J.S.A. 2C:29-2(b); third-degree burglary, N.J.S.A. 2C:18-2; and third-degree possession of cocaine, N.J.S.A ... violated probation in the Bergen and Somerset cases as well. 2 On October 12, 2007, defendant was re-sentenced on this ... of removal from the Immigration Court in 2003. On April 2, 2010, Immigration and Customs Enforcement issued a second immigration detainer ... whether the defendant has asserted a colorable claim of innocence; (2) the nature and strength of defendant's reasons for ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	21761

3910 /usr/local/share/www/libweb/collections/courts/appellate/a0034-21.opn.html -- rank: 306

... from the garage doors used for cars. A-0034-21 2 In John Ketner's certification supporting defendants' motion, he stated ... was installed before April 20, 2019. However, when he 'check[ed] the construction in May 2019' he 'observed that work in ... waited 'until two years ha[d] passed before [they] attempt[ed] to enforce a monetary penalty . . . .' The court concluded defendants were ... 1) concluding plaintiff substantially complied with the parties' settlement agreement; (2) finding the liquidated damages clause was unenforceable; and (3) finding ... 531, 552 (2019) (quoting A-0034-21 5 Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366 ... over the man-door, as required under the municipal code, 2 the trial court erred in finding plaintiff 'substantially complied' ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	17035

3911 IN THE MATTER OF STEVEN TORRES, ESSEX COUNTY CORRECTION OFFICER -- rank: 306

... of continuous permanent service. N.J.A.C. 4A:4-2.6(b) provides "applicants for promotion from entry level law ... agency’s final determination is exceedingly limited. In re Taylor , 158 N.J. 644, 656 (1999). The scope of review of ... 169 N.J. 579 , 587 (2001); In re Taylor , supra , 158 N.J. at 657. Therefore, this court will only disturb ... J. , 459 U.S. 1081 , 103 S. Ct. 562 , 74 L. Ed.2d 927 (1982). There is a strong presumption of an ... by November 21, 2007. N.J.A.C. 4A:4-2.6(b). Thus, Torres could not be classified as ...

docket:	a6023-08
court:	NJ Superior Court Appellate Division
decided:	2011-04-01
status:	unpublished
citation:
Document Size:	13454

3912 JOAN HAGGERTY v. CROTHALL SERVICE GROUP - -- rank: 306

... and workers' compensation approved, four platelet-rich A-4478-17T4 2 plasma injections. When petitioner did not obtain relief from these ... it would have reached a different result.' In re Taylor, 158 N.J. 644, 657 (1999). Under the Workers' Compensation Act ... 4478-17T4 6 N.J.A.C. 12:235-3.2(a). The motion is to contain '[a]ffidavits or certifications ... treatment being sought.' N.J.A.C. 12:235-3.2 (b) (2). Respondent shall file an answer within certain time frames. N.J.A.C. 12:235-3.2(d). Under the regulations, [a]ffidavits, certifications and medical ...

docket:	a4478-17
court:	NJ Superior Court Appellate Division
decided:	2019-05-03
status:	Unpublished
citation:
Document Size:	18875

3913 STATE OF NEW JERSEY v. USAMA ZAGHLOL -- rank: 306

... fourth-degree false swearing, N.J.S.A. 2C:28-2. Defendant was sentenced to a four-year suspended prison term ... fourth-degree false swearing, N.J.S.A. 2C:28-2. The charges arose from defendant’s testimony in the 2009 ... under oath or equivalent affirmation, or sw[ore] or affirm[ed] the truth of a statement previously made, when the statement ... 28-1(a). Under N.J.S.A. 2C:28-2, false swearing in the fourth-degree requires proof of the ... May 1990 until he moved out on April 13, 1999; (2) the basement was converted into an apartment, with a separate ... deprived the defendant of a fair trial." State v. Frost , 158 N.J. 76, 83 (1999); State v. Loftin , 146 ...

docket:	a1456-11
court:	NJ Superior Court Appellate Division
decided:	2013-09-20
status:	unpublished
citation:
Document Size:	30818

3914 STATE OF NEW JERSEY v. ZABRINA CASTANEDA -- rank: 306

... 79, cert. denied , 555 U.S. 825 , 129 S. Ct. 158 , 172 L. Ed.2d 41 (2008). The Court explained the significance of the ... dismissed , 484 U.S. 1038 , 108 S. Ct. 768 , 98 L. Ed.2d 855 (1988); State v. Mulcahy , 107 N.J. 467 ... motor vehicle on a public road with its engine running, (2) Castaneda's position in the driver's seat and ...

docket:	a0284-11
court:	NJ Superior Court Appellate Division
decided:	2013-03-15
status:	unpublished
citation:
Document Size:	20872

3915 SWARNLATA KHANDELWAL v. ZURICH INSURANCE CO -- rank: 306

... and EMPIRE FIRE AND MARINE INSURANCE COMPANY, MHL RENTS, LLC, 2 and MICHAEL H. LEWIS, Defendants-Respondents/ Third-Party Plaintiffs, v ... Court of New Jersey, Law Division, Middlesex County, Docket No. L-0850-09. Edward Slaughter, Jr., argued the cause for appellants ... understanding that [he] would get extra coverage if something happen[ed]." He believed that the SLI policy provided "extra coverage for ... and resulting from the use of a covered "rental vehicle." 2. We will indemnify any "insured" for such "loss" in excess ... Emphasis added.) It also enumerates seventeen exclusions to coverage, including "[l]oss arising out of 'bodily injury' or 'property damage' sustained ... s conclusions of law is de novo. M analapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. ...

docket:	a2620-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-29
status:	published
citation:	427 N.J. Super. 577 50 A.3d 52
Document Size:	48710