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1186 IN THE MATTER OF THE XANADU PROJECT AT THE MEADOWLANDS COMPLEX -- rank: 488

... Benihana Meadowlands Corporation, ERC 16W Limited Partnership and Meadowlands Management, L.L.C. (DeCotiis, Fitzpatrick, Cole & Wisler, attorneys; Mr. Harla and Michael ... applicant authorizing the sale of alcoholic beverages on the property; (2) the property on which the sale will take place is ... fit to serve alcoholic beverages. N.J.A.C. 13:2-5.2. In this appeal, the New Jersey Restaurant Association (NJRA), Park ... conclude that the requirements of N.J.A.C. 13:2-5.2 were met, and we affirm the final ...

docket:	a2702-08
court:	superior court appellate division
decided:	2010-08-06
status:	Published
citation:	415 N.J. Super. 179 1 A.3d 747
Document Size:	131788

1187 STATE OF NEW JERSEY v. PABLO OROPESA -- rank: 488

... 12, because raised more than five years after the January 2, 1996 judgment of conviction, and no "excusable neglect" for the ... sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(2). We affirm substantially for the reasons stated by the PCR ... 3:22-12, nor a substantial injustice, R. 1:1-2, to warrant relief from the time bar. Further, defendant never ... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693, reh'g denied , 467 U.S. ...

docket:	A0420-05
court:	NJ Superior Court Appellate Division
decided:	2007-12-21
status:	unpublished
citation:
Document Size:	68368

1188 STATE OF NEW JERSEY v. CANDIDO MAYAS -- rank: 488

... Defendant-Appellant. ______________________________ STATE OF NEW JERSEY, Plaintiff-Respondent, v. ANGEL L. RIVERA, Defendant-Appellant. _____________________________ STATE OF NEW JERSEY, Plaintiff-Respondent, v ... brief). Yvonne Smith Segars, Public Defender, attorney for appellant Angel L. Rivera (William J. Sweeney, Designated Counsel, on the brief). Yvonne ... Assistant Prosecutor, of counsel and on the brief). Appellant Angel L. Rivera filed a pro se supplemental brief. PER CURIAM A ... thirty-four count indictment in which defendants Candido Mayas, Angel L. Rivera, and Manuel Mayas, 1 along with Daniel Rivera, were ... convicted person, N.J.S.A. 2C:39-7(b). 2 Daniel entered a guilty plea prior to trial. Manuel, Candido ... denied , 384 U.S. 1021 , 86 S. Ct. 1929 , 16 L. Ed.2d 1022 (1966). These factual determinations "'are substantially ...

docket:	a2227-07
court:	NJ Superior Court Appellate Division
decided:	2011-07-29
status:	unpublished
citation:
Document Size:	76421

1189 CHARLES CEDENO VS MONTCLAIR STATE UNIVERSITY -- rank: 488

... appellant Montclair State University (Peter Verniero, Attorney General, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel; Mr. Zweig, on the ... defendant to a five year term of probation and a $2,500 fine on one count of bribery and a suspended ... to 513 U.S. 352, 115 S. Ct. 879 , 130 L. Ed.2d 852 (1995), which hold that after-acquired evidence is ... Jersey because the issue was not directly presented). See footnote 2     However, this case involves exceptional circumstances. Plaintiff did not simply ... U.S. at 362, 115 S. Ct. at 886, 130 L. Ed. 2d at 863. The Court further observed that "[ ...

docket:	a4395-97
court:	njappellate
decided:	1999-03-09
status:	published
citation:	319 N.J.Super. 148
Document Size:	53572

1190 MIODRAG BELJAKOVIC v. BISHOP LONGIN -- rank: 488

... Court of New Jersey, Law Division, Union County, Docket No. L-2036-08. Miodrag Beljakovic, appellant pro se. Demetrios K. Stratis ... appeal. Viewed most favorably to plaintiff, see Rule 4:46-2(c); Brill v. Guardian Life Ins. Co. of Am. , 142 ... church problems. Subsequently, at the annual church meeting on May 2, 1999, plaintiff was expelled from Holy Ascension. Shortly thereafter, on ... Ascension’s funds. Sometime in 2000 he filed a lawsuit 2 against Holy Ascension concerning financial improprieties. The Board retained counsel ... standard used by the trial court under Rule 4:46-2(c). Prudential Prop. & Cas. Ins. Co. v. Boylan , 307 N ... J. 282 , 292 (1993) (citing Ochs v. Fed. Ins. Co. , 90 N.J. 108 (1982)). As our Supreme Court has ...

docket:	a5330-09
court:	NJ Superior Court Appellate Division
decided:	2011-07-28
status:	unpublished
citation:
Document Size:	36377

1191 STATE OF NEW JERSEY v. CARLOS MENDOZA -- rank: 488

... Three does not warrant discussion in a written opinion. R. 2:11-3(e)(2); R. 2:10-1. We merely note that the test on a ... 2001, the effective date of amendments to NERA. See footnote 2 According to defense counsel, the trial court should have directed ... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984). State v. Fritz , 105 N. ...

docket:	a5777-03
court:	njappellate
decided:	2006-07-27
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	25327

1192 STATE OF NEW JERSEY VS STENNETT A. ROWE -- rank: 488

... July 18, 1995, M.H., who lived with her mother, L.D., left home, intending to walk to a nearby hospital ... she was wearing.     M.H. immediately went home. Her mother, L.D., testified that she was surprised to see her daughter ... defendant. As a result, and without prompting by M.H., L.D. called the police, who arrived within minutes. At that ... to that other nigger." He also said that he told L.D. of M.H.'s remark. L.D. testified that B.D. told her about the remark ... claimed that he first saw M.H. that day between 2 p.m. and 3 p.m. He claimed they ...

docket:	a3307-96
court:	njappellate
decided:	1998-11-25
status:	published
citation:	316 N.J.Super. 425
Document Size:	28642

1193 STATE OF NEW JERSEY VS STENNETT A. ROWE -- rank: 488

... July 18, 1995, M.H., who lived with her mother, L.D., left home, intending to walk to a nearby hospital ... she was wearing.     M.H. immediately went home. Her mother, L.D., testified that she was surprised to see her daughter ... defendant. As a result, and without prompting by M.H., L.D. called the police, who arrived within minutes. At that ... to that other nigger." He also said that he told L.D. of M.H.'s remark. L.D. testified that B.D. told her about the remark ... claimed that he first saw M.H. that day between 2 p.m. and 3 p.m. He claimed they ...

docket:	a3346-96
court:	njappellate
decided:	1998-11-25
status:	published
citation:	316 N.J.Super. 425
Document Size:	28642

1194 CHARLES CEDENO VS MONTCLAIR STATE UNIVERSITY -- rank: 488

... appellant Montclair State University (Peter Verniero, Attorney General, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel; Mr. Zweig, on the ... defendant to a five year term of probation and a $2,500 fine on one count of bribery and a suspended ... to 513 U.S. 352, 115 S. Ct. 879 , 130 L. Ed.2d 852 (1995), which hold that after-acquired evidence is ... Jersey because the issue was not directly presented). See footnote 2     However, this case involves exceptional circumstances. Plaintiff did not simply ... U.S. at 362, 115 S. Ct. at 886, 130 L. Ed. 2d at 863. The Court further observed that "[ ...

docket:	a4389-97
court:	njappellate
decided:	1999-03-09
status:	published
citation:	319 N.J.Super. 148
Document Size:	53571

1195 STATE OF NEW JERSEY v. QUINN MARSHALL -- rank: 486

... 2007 - Decided Before Judges Stern, C.S. Fisher and C.L. Miniman. On appeal from the Superior Court of New Jersey ... U.S. 48 , 51, 72 S. Ct. 93 , 95, 96 L. Ed. 59 , 64 (1951), and requires the examination of law enforcement ... U.S. 10 , 14, 68 S. Ct. 367 , 369, 92 L. Ed. 436 , 440 (1948). These constitutional principles also require that the ... 108 , 111-12, 84 S. Ct. 1509 , 1512-13, 12 L. Ed.2d 723 , 726-27 (1964); State v. Petillo , ...

docket:	a3397-05
court:	njappellate
decided:	2008-01-29
status:	published
citation:	398 N.J.Super. 92
Document Size:	63886

1196 Thisopinion shall not "constitute precedent or be binding upon any court Although it is posted on the internet, this opinion is binding only on the ASHLEY NELSON-GUEDEZ and LYNDSAY NELSON-NUGENT v. JACQUELINE T. LIMOLI, f/k/a JACQUELINE T. NELSON, -- rank: 486

... which relief can be granted pursuant to Rule 4:6-2(e). 1 During her marriage to Paul Nelson, defendant was known as Jacqueline or 'Jacky' Nelson. 2 A-2476-15T3 After hearing oral argument, Chancery Judge Katherine ... In considering a motion to dismiss under Rule 4:6-2(e), we must search the allegations of the pleading in ... deny a motion to dismiss pursuant to Rule 4:6-2(e) and owe no deference to the judge's conclusions ... S. 462, 471-72, 105 S. Ct. 2174, 2181, 85 L. Ed. 2d 528, 540 (1985) (quoting International Shoe Co. v. ...

docket:	a2476-15
court:	NJ Superior Court Appellate Division
decided:	2017-03-22
status:	unpublished
citation:
Document Size:	26530

1197 State v. Daniel Luna -- rank: 486

... and counsel knew he was in jail in another state. 2 In March 2001 , Daniel Luna and five others were indicted ... a showing of justification by the defendant. (pp. 6-9) 2. It is not clear from the record whether Luna had ... must bring a post-trial motion under Rule 3:20-2 for a new trial. At such a hearing, defendants bear ... A. Foddai , Assistant Prosecutor, argued the cause for respondent ( John L. Molinelli , Bergen County Prosecutor, attorney). CHIEF JUSTICE RABNER delivered the ... second-degree armed burglary ( N.J.S.A. 2C:18-2), second-degree possession of a weapon for an unlawful purpose ... from challenging his trial in absentia under Rule 3:20-2. In addition, the State maintains that, under State v. ...

docket:	a-68-06
court:
decided:	2007-12-19
status:
citation:	193 N.J. 202
Document Size:	59456

1198 Andrew McCarrell v. Hoffmann-La Roche, Inc. -- rank: 486

... limitations applies under New Jersey’s choice-of-law jurisprudence. 2 In July 2003 , plaintiff filed a products-liability action in ... s statutes of limitations are in conflict. (pp. 16-18) 2. Under the common law, the forum state—the state in ... the factors in section 6. Restatement (Second) , supra , § 142(2)(a)-(b). (pp. 29-31) 7. The Court believes that ... of Alabama’s limitations period. Restatement (Second) , supra , § 142(2)(a). (pp. 36-40) The judgment of the Appellate Division ... consideration of the unaddressed issues. CHIEF JUSTICE RABNER and JUSTICES L a Vecchia , FERNANDEZ-VINA, SOLOMON, and TIMPONE join in JUSTICE ... attorneys; Mr. Schmidt , Michelle M. Bufano , Natalie H. Mantell , Russell L. Hewit , and Michael X. Imbroscio , a member of the ...

docket:	A-28-15
court:	NJ Supreme Court
decided:	2017-01-24
status:
citation:	227 N.J. 569 153 A.3d 207
Document Size:	105499

1199 KURT STEVENSON v. CAPE MAY COUNTY BOARD OF FREEHOLDERS -- rank: 486

... of New Jersey, Law Division, Cape May County, Docket No. L-347-07. Louis P. McFadden, Jr., argued the cause for ... present as part of the so-called McDonnell Douglas test. 2 The Supreme Court held in Clowes v. Terminix Int'l, Inc. , 109 N.J. 575 , 594 (1988), that alcoholism is ... Hopkins , 490 U.S. 228 , 109 S. Ct. 1775 , 104 L. Ed.2d 268 (1989), and later altered in Desert Palace, Inc. v. Costa , 539 U.S. 90 , 123 S. Ct. 2148 , 156 L. Ed.2d 84 ( ...

docket:	a6423-08
court:	NJ Superior Court Appellate Division
decided:	2010-10-27
status:
citation:
Document Size:	30111

1200 Raymond Arthur Abbott, et al. v. Fred G. Burke, et al. -- rank: 486

... if the process is to be successful. (pp. 4-8) 2. The Court's October Order did more than establish a ... the “trigger” for corrective action be raised from 50% to 90% by the 2003-2004 school year. (pp. 17-20) 5 ... David G. Sciarra , Executive Director, Education Law Center, and Paul L. Tractenberg argued the cause for movants ( Mr. Sciarra , attorney; Mr ... and necessary step in the administrative process. See, e.g. , 90 N.J. 85, 91-92 (1982). After the issuance of ... approved plaintiff's request on December 21, 2001. See footnote 2 2 We anticipate that even if some of the Abbott ...

docket:	m-1131-00
court:	njsupreme
decided:	2002-02-21
status:
citation:	170 N.J. 537
Document Size:	175315