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646 STATE OF NEW JERSEY v. DONALD NAEEM BAILS -- rank: 645

... Respondent, v. DONALD NAEEM BAILS, Defendant-Appellant. ____________________________ October 19, 2011 S ubmitted September 21, 2011 - Decided Before Judges Graves and J ... from a conviction for fourth-degree aggravated assault, N.J.S.A. 2C:12-1(b)(5)(a), and third-degree resisting arrest, N.J.S.A. 2C:29-2(a), arguing a myriad of trial ... following facts are derived from the trial record. On August 14, 2007, at approximately 12:14 a.m., Mohammad Ibrahim parked his car on Stevens Avenue ... direction of Westside Avenue. Ibrahim was heading to his cousin's house on McAdoo Avenue where he was then residing. ...

docket:	a5798-08
court:	NJ Superior Court Appellate Division
decided:	2011-10-19
status:	unpublished
citation:
Document Size:	50113

647 STATE OF NEW JERSEY v. STEPHON G. WRIGHT -- rank: 645

... A.D. Following the denial of defendant Stephon G. Wright's motions to exclude the testimony of the victim identifying Wright ... a negotiated agreement to first-degree armed robbery, N.J.S.A. 2C:15-1; and was sentenced to eight years ... supervision required by the No Early Release Act, N.J.S.A. 2C:43-7.2. He appeals pursuant to Rule ... DENYING THE MOTION TO SUPPRESS THE IDENTIFICATION, AS [THE VICTIM'S] OUT-OF-COURT IDENTIFICATION PRESENTED A VERY SUBSTANTIAL LIKELIHOOD OF ... Six, and Nine. We find no error in the court's decision to admit the identification evidence under the test established ... Henderson , 208 N.J. 208 (2011), and thus reject defendant's arguments on that point. We also reject Wright's ...

docket:	a4309-13
court:	NJ Superior Court Appellate Division
decided:	2016-02-29
status:	published
citation:	444 N.J.Super. 347 133 A.3d 656
Document Size:	63431

648 JAMES SEDORE, ET AL., VS THE RECORDER PUBLISHING CO., ET AL -- rank: 645

... KESTIN, J.A.D.     Defendants appeal from the trial court's order denying their motion for summary judgment dismissal of a ... prior notice of the letter to be sent to Defendant's newspaper subscribers. We reverse and dismiss the complaint. I     On ... last month have been forwarded to the Somerset County Prosecutor's Office to determine if any criminal charges are warranted against ... that paychecks had bounced. Valentine said that if the prosecutor's office finds criminal wrongdoing, a further investigation would be conducted ... closing occurred due to a financial dispute involving the dealership's owners and Volkswagen Credit Inc. (VCI) of Woodcliff Lake. The ... interest in SHA. They contend further that the News article's use of the phrase "[t]he court document" incorrectly ...

docket:	a2567-97
court:	njappellate
decided:	1998-09-17
status:	published
citation:	315 N.J.Super. 137
Document Size:	72785

649 MERRILL LYNCH, PIERCE FENNER amp; SMITH, INC. v. CANTONE RESEARCH, INC -- rank: 645

... opinion of the court was delivered by ST. JOHN, J.S.C. (temporarily assigned) Defendants appeal four orders dated December 20 ... a Merrill Lynch account held in his and his wife's name. The account was opened, maintained, and utilized by Smith ... Lynch alleged negligent supervision of and failure to police Smith's account for fraudulent activity. The four state court actions were ... an order compelling FINRA arbitration. The court granted Merrill Lynch's motion and denied the plaintiffs' cross-motion, holding that because ... denied , 205 N.J. 317 (2011). In affirming the judge's decision, we determined the investors possessed no viable negligence claim ... prior to the appeal from the order granting Merrill Lynch's motion to dismiss. On August 16 and September 29, ...

docket:	a2699-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-27
status:	published
citation:
Document Size:	54915

650 MERRILL LYNCH, PIERCE FENNER amp; SMITH, INC v. CANTONE RESEARCH, INC -- rank: 645

... opinion of the court was delivered by ST. JOHN, J.S.C. (temporarily assigned) Defendants appeal four orders dated December 20 ... a Merrill Lynch account held in his and his wife's name. The account was opened, maintained, and utilized by Smith ... Lynch alleged negligent supervision of and failure to police Smith's account for fraudulent activity. The four state court actions were ... an order compelling FINRA arbitration. The court granted Merrill Lynch's motion and denied the plaintiffs' cross-motion, holding that because ... denied , 205 N.J. 317 (2011). In affirming the judge's decision, we determined the investors possessed no viable negligence claim ... prior to the appeal from the order granting Merrill Lynch's motion to dismiss. On August 16 and September 29, ...

docket:	a2680-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-27
status:	published
citation:	427 N.J. Super. 45 47 A.3d 1
Document Size:	54973

651 /usr/local/share/www/libweb/collections/courts/appellate/a0065-13a3947-13.opn.html -- rank: 645

... in a single opinion, challenge the sufficiency of the State's effort to delineate and assert its claims to certain tideland ... us once again to discuss the interplay between N.J.S.A. 13:1B-13.1 to -13.6 (Title 13 ... the Amendment. Both cases challenge the sufficiency of the State's proofs that it provided timely notice of its claim. In ... the Supreme Court held the State had satisfied the Amendment's requirements to specifically define and assert those riparian claims shown ... State brought a quiet title action pursuant to N.J.S.A. 12:3-8 against the Township, alleging it had ... Lisowski, finding this disposition is required by the Supreme Court's decisions in Dickinson, supra, and City of Jersey City ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	80051

652 STATE OF NEW JERSEY VS SHAROB CLOWNEY -- rank: 645

... her neck. Sitting in the bed near their naked mother's body were two of Williams' children....Kyshon, age five, and ... multiple stab wounds estimated by a paramedic to have occurred 14 hours prior to their discovery. Defendant turned himself in to ... Jury indicted defendant for purposeful or knowing murder ( N.J.S.A. 2C:11-3a, b, count two); burglary ( N.J.S.A. 2C:18-2a, count three); aggravated sexual assault ( N.J.S.A. 2C:39-4d, counts seven, eight, and nine); and ... for such lawful uses as it may have ( N.J.S.A. 2C:39-5d, count ten).     A trial jury ...

docket:	a2984-94
court:	njappellate
decided:	1997-03-19
status:	published
citation:	<a href=
Document Size:	43066

653 FELICE DiIORIO v. STRUCTURAL STONE & BRICK CO., INC. -- rank: 645

... four year statute of limitation of the Uniform Commercial Code (U.C.C.), N.J.S.A. 2A:14-1. The motion judge ruled the six year statute of ... is a product liability case [and] not governed by the U.C.C. Statute of Limitation. [Plaintiff] bought a house containing ... fit for exterior use which resulted in damage to [plaintiff's] house. Thus there was damage to the entire house (leaks ... punitive damages. Based upon our careful consideration of the defendant's arguments in light of the record and the applicable ...

docket:	A1440-02
court:	NJ Superior Court Appellate Division
decided:	2004-04-02
status:	published
citation:	368 N.J. Super. 134 845 A.2d 658
Document Size:	27090

654 STATE OF NEW JERSEY v. MAURICE GREEN -- rank: 645

... premised on a challenge to the reliability of the State's eyewitness identification evidence, such failure materially affected the outcome of ... indictment charging defendant with first-degree armed robbery, N.J.S.A. 2C:15-1 (count one); third-degree unlawful possession of weapons, N.J.S.A. 2C:39-5(b) (count two); and second-degree possession of weapons for unlawful purposes, N.J.S.A. 2C:39-4(a) (count three). In a separate ... second-degree certain persons not to have weapons, N.J.S.A. 2C:39-7(b), arising out of the same ... disqualifier pursuant to the No Early Release Act, N.J.S.A. 2C:43-7.2, on count one, and ...

docket:	a2726-07
court:	superior court appellate division
decided:	2011-01-25
status:	unpublished
citation:
Document Size:	33444

655 STATE OF NEW JERSEY v. ALVERO VILLANUEVA -- rank: 645

... PER CURIAM Defendant Alvero Villanueva appeals from the Law Division's December 16, 2011 denial of his motion for post-conviction ... PCR) without a hearing. In support of this appeal, defendant's designated counsel raised the following arguments: POINT I THE TRIAL COURT ERRED IN DENYING DEFENDANT'S MOTION FOR POST-CONVICTION RELIEF WITHOUT HOLDING AN EVIDENTIARY HEARING ... to the Defendant. C. Defendant Was Prejudiced By Trial Counsel's Failure to Argue Mitigating Factors That Would Have Lead The ... Sentence The Defendant A Degree Lower Pursuant to N.J.S.A. 2C:44-1(f)(2). D. Both Ineffective Assistance ... TO POINT I THE TRIAL COURT ERRED IN DENYING DEFENDANT'S MOTION FOR POST CONVICTION RELIEF WITHOUT HOLDING AN EVIDENTIARY ...

docket:	a3677-11
court:	NJ Superior Court Appellate Division
decided:	2014-04-16
status:	unpublished
citation:
Document Size:	32019

656 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. C.L. -- rank: 645

... Assistant Attorney General, of counsel and on the brief; Jane S. Blank, Deputy Attorney General, on the brief). Yvonne Smith Segars ... adoption. The judgment followed the second trial on the Division's complaint. Following entry of the initial judgment of guardianship, dated ... satisfied the statutory factors and again ordered that C.L.'s parental rights be terminated. On appeal, C.L. argues: POINT I : THE DECISION TO TERMINATE C.L.'S PARENTAL RIGHTS WAS NOT SUPPORTED BY ADEQUATE, SUBSTANTIAL AND CREDIBLE ... NOT PROVE BY CLEAR AND CONVINCING EVIDENCE THAT C.L.'S RELATIONSHIP WITH [THE CHILDREN] HAS CAUSED OR WILL CAUSE ENDURING ... KINSHIP LEGAL GUARDIANSHIP. D. PRONG 4: TERMINATION OF C.L.'S PARENTAL RIGHTS WILL DO MORE HARM THAN GOOD TO [ ...

docket:	a4069-09
court:	superior court appellate division
decided:	2011-01-28
status:	Unpublished
citation:
Document Size:	72094

657 STATE OF NEW JERSEY v. BAYSHINE LEARY -- rank: 645

... defendant pled guilty to second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(4). Defendant was thereafter sentenced ... following arguments for our consideration: POINT I – THE JUDGE'S DENIAL OF MR. LEARY'S MOTION TO DISMISS THE INDICTMENT DENIED MR. LEARY HIS FEDERAL AND STATE CONSTITUTIONAL RIGHTS TO DUE PROCESS. U.S. CONST ., AMENDS. V, XIV; N.J. CONST ., ART. I,  ... MADE A PRIMA FACIE SHOWING OF THE UNRELIABILITY OF ALLEN'S SHOWUP IDENTIFICATION, REQUIRING REVERSAL AND CONVENING OF A FULL ...

docket:	a1015-14
court:	NJ Superior Court Appellate Division
decided:	2016-09-30
status:	unpublished
citation:
Document Size:	37274

658 IMO Civil Commitment of J.M.B. -- rank: 645

... The New Jersey Sexually Violent Predator Act (SVPA), N.J.S.A. 30:4-27.24 to -27.38, defines a ... violent persons. The Attorney General petitioned for J.M.B.'s commitment under New Jersey's Sexually Violent Predator Act (SVPA or Act), N.J.S.A. 30:4-27.24 to -27.38, which defines ... insanity for commission of a sexually violent offense." N.J.S.A. 30:4-27.26. A "sexually violent offense" can ... be any offense specifically listed as such in the SVPA. S ee 395 N.J. Super. 69 (2007). We granted ...

docket:	a-79-07
court:
decided:	2009-02-23
status:
citation:	197 N.J. 563 964 A.2d 752
Document Size:	114945

659 MERRILL LYNCH, PIERCE FENNER amp; SMITH, INC. v. CANTONE RESEARCH, INC -- rank: 645

... opinion of the court was delivered by ST. JOHN, J.S.C. (temporarily assigned) Defendants appeal four orders dated December 20 ... a Merrill Lynch account held in his and his wife's name. The account was opened, maintained, and utilized by Smith ... Lynch alleged negligent supervision of and failure to police Smith's account for fraudulent activity. The four state court actions were ... an order compelling FINRA arbitration. The court granted Merrill Lynch's motion and denied the plaintiffs' cross-motion, holding that because ... denied , 205 N.J. 317 (2011). In affirming the judge's decision, we determined the investors possessed no viable negligence claim ... prior to the appeal from the order granting Merrill Lynch's motion to dismiss. On August 16 and September 29, ...

docket:	a2682-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-27
status:	published
citation:
Document Size:	54915

660 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. R.B., JR. -- rank: 645

... right to counsel of his choice, the judgment terminating defendant's parental rights to his children is reversed and the matter ... the address where the incident occurred, which was the family's pre­vious residence and to which they had both returned ... on July 27, 2005, when the police arrived at defendant's home to serve him with a temporary restraining order secured ... and cigarette butts; the home had no food; and defendant's first child had no bed. The mother informed the police ... bills, including her rent, as she was their first child's caretaker. Although the Division caseworker noted that defendant and the ... where he threatened and then assaulted one of the mother's former boyfriends with a T-ball bat. He was ...

docket:	a5475-07
court:	superior court appellate division
decided:	2009-06-26
status:	unpublished
citation:
Document Size:	90259