Search Rutgers Law Library N.J. Court Opinions

676 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. N.T.S. -- rank: 522

... YOUTH AND FAMILY SERVICES, 1 Plaintiff-Respondent, v. N.T.S., Defendant-Appellant. _________________________________ IN THE MATTER OF THE GUARDIANSHIP OF J.T.S., a minor. _________________________________ March 22, 2013 Submitted February 13, 2013 - Decided ... appellant (Emily J. Daher, Designated Counsel, on the brief). Jeffrey S. Chiesa, Attorney General, attorney for respondent (Andrea M. Silkowitz, Assistant ... E. Krakora, Public Defender, Law Guardian, attorney for J.T.S., a minor (David Valentin, Assistant Deputy Public Defender, on the brief). PER CURIAM S.W.W. and N.T.S. are the biological parents of J.T.S., born ...

docket:	a3442-11
court:	NJ Superior Court Appellate Division
decided:	2013-03-22
status:	unpublished
citation:
Document Size:	44690

677 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. K.M. -- rank: 522

... their first child, and she was adopted by K.M.'s brother and sister-in-law. The second died in infancy ... was hospitalized for a period of time after B.M.'s birth, evidently suffering an episode of post-partum depression. 2 ... of the summer of 2001. During that summer, R.M.'s niece, who was ten to twelve years old, came to ... there was evidence that she was concerned about K.M.'s inappropriate behavior with her niece and sent the girl home ... home because the visit had ended. Shortly after the girl's departure, K.M. beat R.M. so severely that she ... eyes and bruises on her arm and wrist. R.M.'s aunt prevailed upon her to go to the police ...

docket:	a3560-07
court:	New Jersey Superior Court Appellate Division
decided:	2010-04-16
status:	Published
citation:
Document Size:	63869

678 KATHRYN CASEY and SHEILA GAGLIANO v. AMBOY BANCORPORATION -- rank: 522

... that included an election to be taxed as a Subchapter S corporation, as approved by more than two-thirds of the ... that included an election to be taxed as a Subchapter S corporation. In order to obtain Subchapter S status, Amboy was required to reduce its then-current shareholder ... five. Under the reorganization and merger plan adopted by Amboy's board of directors, shareholders owning 15,000 or more shares ... Robert Walters, chairman of Bank Advisory Group, Inc. (BAG), Amboy's board of directors determined that the fair value to be ... J. Super. at 95.     Several shareholder actions resulted, challenging Amboy's reorganization and cash-out merger plan, and Amboy's ...

docket:	A0715-04
court:	NJ Superior Court Appellate Division
decided:	2006-08-10
status:	unpublished
citation:
Document Size:	115370

679 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. R.M. -- rank: 522

... their first child, and she was adopted by K.M.'s brother and sister-in-law. The second died in infancy ... was hospitalized for a period of time after B.M.'s birth, evidently suffering an episode of post-partum depression. 2 ... of the summer of 2001. During that summer, R.M.'s niece, who was ten to twelve years old, came to ... there was evidence that she was concerned about K.M.'s inappropriate behavior with her niece and sent the girl home ... home because the visit had ended. Shortly after the girl's departure, K.M. beat R.M. so severely that she ... eyes and bruises on her arm and wrist. R.M.'s aunt prevailed upon her to go to the police ...

docket:	a3655-07
court:	New Jersey Superior Court Appellate Division
decided:	2010-04-16
status:	Published
citation:
Document Size:	63869

680 SUSAN M. BUTTITTA v. ALLIED-SIGNAL, INC -- rank: 518

... respondent (Richard D. Catenacci, of counsel; Mr. Catenacci and Joanna S. Rich, on the brief). PER CURIAM In this negligence, products ... from December 26, 2007 to June 2010. ACL contends plaintiff's offer was invalid because it did not settle all claims ... rights because Rule 4:58 provided no notice of ACL's potential sole liability under the Rule. Alternatively, ACL contends the ... without assessing only those fees that were compelled by ACL's non-acceptance of plaintiff's offer. We hold that plaintiff's offer of judgment to ACL is valid, and ACL' ...

docket:	a6117-09
court:	NJ Superior Court Appellate Division
decided:	2011-07-28
status:	unpublished
citation:
Document Size:	43722

681 THE MERCADIEN GROUP v. DAVID C. MAFFEI -- rank: 518

... MAFFEI, Third-Party Plaintiffs-Appellants, v. THE MERCADIEN GROUP, ESMOND S. DRUKER and MERCADIEN, P.C., Third-Party Defendants-Respondents. ________________________________________ November ... alleged professional negligence by their accountant, third-party defendants Esmond S. Druker, C.P.A., and the accounting firm employing Druker ... another entity known as Leige Corporation. Druker was Dr. Maffei's friend and the managing director of Mercadien; he performed accounting ... no returns were filed for defendants individually, for Dr. Maffei's chiropractic office, or for Leige Corporation. At some point, defendants ... context of this assertion. From 1993 through 1996, Dr. Maffei's chiropractic practice flourished. He reported working 55-65 hours and ... median nerve and ulnar nerve neuropathies[,]" resulting in Dr. Sennett's diagnosis that Dr. Maffei suffered from "[b]ilateral cubital ...

docket:	a1511-11
court:	NJ Superior Court Appellate Division
decided:	2012-11-28
status:	unpublished
citation:
Document Size:	43656

682 STATE OF NEW JERSEY v. DARRYL T. HESTER -- rank: 518

... degree crimes of possession of heroin and cocaine, N.J.S.A. 2C:35-7, and the second-degree crime of ... within 500 feet of a public housing facility, N.J.S.A. 2C:35-7.1. Defendant was given an extended ... following issues for our consideration: POINT I THE TRIAL COURT'S REFUSAL TO REPLACE A JUROR WITH AN ALTERNATE JUROR DENIED DEFENDANT A FAIR TRIAL. POINT II THE COURT'S JURY INSTRUCTION ON CONSTRUCTIVE POSSESSION WAS IMPROPER AND MISLEADING. (Not Raised Below.) POINT III THE STATE'S REPEATED REFERENCES TO SEARCH WARRANTS DENIED DEFENDANT A FAIR TRIAL. (Not Raised Below.) POINT IV THE TRIAL COURT'S FAILURE TO INSTRUCT THE JURY AS TO THE LIMITED ...

docket:	a6528-06
court:	superior court appellate division
decided:	2010-03-18
status:	unpublished
citation:
Document Size:	105814

683 STATE OF NEW JERSEY v. DEAN MARTIN -- rank: 518

... convicted of first degree attempted murder, contrary to N.J.S.A. 2C:5-1 and 330 N.J. Super. 545 ... about the March 2000 stabbing incident or sharply responded "that's what [the statement] says I said" when the Prosecutor questioned ... statement for the jury. Defense counsel objected to the State's reading of Hamilton's statement, saying "Excuse me, Judge, I have an objection. . . . I ... t gotten there yet." The judge then overruled defense counsel's objection. N.J.R.E. 803(a)(1) addresses prior ... statements of witnesses and "allows the admission of a witness's inconsistent statement as substantive evidence." Caraballo , supra , 330 N. ...

docket:	a5049-04
court:	njappellate
decided:	2007-02-06
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	41983

684 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. J.H. -- rank: 518

... Youth and Family Services (the Division) to secure his child's adoption. On appeal, J.H. argues the trial court's decision is unsupported by clear and convincing evidence. We disagree ... Apostle House, and its staff agreed to supervise J.H.'s visits with T.H. However, Donald Czerniach, a Division worker ... for visits. Following complaints by Apostle House regarding T.H.'s mother, the mother was discharged. Subsequently, on July 10, 2007 ... a verified complaint for guardianship of T.H. T.H.'s mother, T.C., entered an identified, voluntary termination of her ... 2, 2011. A guardianship trial, regarding termination of J.H.'s parental rights, began on June 18, 2012. At trial, ...

docket:	a6396-11
court:	NJ Superior Court Appellate Division
decided:	2013-09-20
status:	unpublished
citation:
Document Size:	36332

685 PICOGNA v. BOARD OF EDUCATION OF CHERRY HILL -- rank: 518

... Philip Esbrandt became Superintendent of Schools. Initially, Esbrandt evaluated Picogna's performance favorably, but the relationship between the two men quickly ... record that would support a recommendation not to renew Picogna's contract, and ultimately, support the recommendation that the existing contract ... facts concerning a fatal school bus accident. Based on Esbrandt's allegations and recommendation, the Board adopted a resolution ratifying the termination of Picogna's contract as of April 29, 1988, two months prior to ... the Tort Claims Act. The trial court also dismissed Picogna's claim of tenure denial.     At the conclusion of the bench ... finding that they acted in good-faith reliance on Esbrandt's evaluations when they voted to terminate Picogna's contract. ...

docket:	a-18-95
court:	njsupreme
decided:	1996-02-22
status:
citation:	143 N.J. 391
Document Size:	34586

686 66 VMD ASSOCIATES, LLC v. MELICK-TULLY AND ASSOCIATES P.C. -- rank: 518

... 17 and September 9, 1998, MTA sent Robert Weiss, VMD’s president, five contracts. Each contract limited MTA’s liability for professional negligence to $25,000. Although Weiss is ... Judge Diane Pincus agreed and granted summary judgment limiting VMD's recovery to $25,000. After the judge denied a motion ... fee which includes a nominal allowance for dealing with MTA’s liability, Client agrees to limit MTA’s liability to Client and to all other parties for claims arising out of MTA’s performance of the services described in this Agreement. The ...

docket:	a4008-09
court:	NJ Superior Court Appellate Division
decided:	2011-08-11
status:	unpublished
citation:
Document Size:	37753

687 STATE OF NEW JERSEY v. FRANCIS MITCHELL -- rank: 518

... convicted of one count of first-degree robbery, N.J.S.A. 2C:15-1 and one count of second-degree robbery, N.J.S.A. 2C:15-1. He now appeals, contending that the ... errors, and that his sentence is excessive. We affirm defendant's convictions but remand with respect to certain aspects of the ... what she believed to be a gun in the man's left hand, wrapped in a black plastic bag. The teller ... called the police. The police arrived and reviewed the bank's video surveillance footage with the teller. She described the robber ... was speaking on a cell phone. One of the bank's employees asked the man if he needed any help. ...

docket:	a4151-08
court:	NJ Superior Court Appellate Division
decided:	2010-11-09
status:	unpublished
citation:
Document Size:	51993

688 IN THE MATTER OF JUSTO DELGADO UNION CITY -- rank: 515

... perform his assigned duties, and for insubordination. We affirm. Appellant's employment as a street sweeper commenced in January 1999. In September of that year, the City changed appellant's title to that of laborer, a title appellant held until ... by Luis Martin, the Commissioner of the DPW, seeking appellant's removal, charging him with: failure to perform duties; inability to ... with a second PNDA signed by Iacovelli, again seeking appellant's removal, accusing him of the same four charges as contained ... charges by a preponderance of the evidence, and recommended appellant's removal from employment. On July 8, 2005, the City served ... Notice of Disciplinary Action (FNDA) signed by Iacovelli, terminating appellant's employment, effective July 11, 2005. On July 25, 2005, ...

docket:	a5463-07
court:	superior court appellate division
decided:	2009-10-15
status:	unpublished
citation:
Document Size:	42613

689 STATE OF NEW JERSEY v. PABLO LOPEZ -- rank: 515

... of a controlled dangerous substance (heroin), contrary to N.J.S.A. 2C:35-10(a)(1). We affirm. I. We ... concerned about his personal safety. He used the patrol car's loudspeaker and ordered the occupants to keep their hands outside ... containing what he believed to be narcotics in the car's cup holder. He placed Lopez under arrest. The bag contained ... and returned to the location of the Cadillac and Pope's patrol car. Pope searched the passenger, who was identified as ... II. Lopez raises the following issue on appeal: THE DEFENDANT'S RIGHT TO BE FREE FROM UNREASONABLE SEARCHES AND SEIZURES AS ... explained the standard of review applicable to an appellate court's consideration of a trial judge's fact-finding on ...

docket:	a5120-10
court:	NJ Superior Court Appellate Division
decided:	2013-08-26
status:	unpublished
citation:
Document Size:	24139

690 STATE OF NEW JERSEY v. 1 HOWE STREET BAY HEAD, LLC -- rank: 515

... E. BATHGATE, II, Defendant-Appellant, and COMMERCE BANK, NA; RICHARD S. SAMBOL; MAGYAR BANK, A-1418-17T4 13 Defendants. __________________________________ STATE OF ... DeCotiis, FitzPatrick, Cole & Giblin, LLP, Hill Wallack, LLP, and Gurbir S. Grewal, Attorney General, attorneys; George G. Frino, Gregory Hazley, Jason ... from multiple final judgments upholding the Department of Environmental Protection's (DEP's) taking of permanent easements over their properties to reduce the ... act arbitrarily, capriciously, or unreasonably. She also concluded that DEP's taking was not the product of fraud, bad faith, or ... Land in the Borough of Point Pleasant Beach (collectively Risden's); and a pro se appeal entitled State v. Arthur ...

docket:	a1418-17
court:	NJ Superior Court Appellate Division
decided:	2020-04-16
status:	Published
citation:
Document Size:	73017