Search Rutgers Law Library N.J. Court Opinions

1396 STATE OF NEW JERSEY v. ABDIEL F. AVILA -- rank: 465

... aggravated sexual assault, N.J.S.A. 2C:14-2a(2)(a), committed on a specific date, June 30, 2006. Count ... aggravated sexual assault, N.J.S.A. 2C:14-2a(2)(a), committed on various dates between November 2005 and June ... 44-3c and N.J.S.A. 2C:43-7a(2), of seventy-five years imprisonment, subject to an 85% parole ... Release Act (NERA), N.J.S.A. 2C:43-7.2. On count one, defendant received a consecutive twenty-year sentence ... told her "it was true that the car tire, sound[ed] like somebody shot the tire." Defendant told C.H. that ... dismissed , 388 U.S. 461 , 87 S. Ct. 2120 , 18 L. Ed.2d 1321 (1967)). The narrow purpose of the ...

docket:	a5729-08
court:	NJ Superior Court Appellate Division
decided:	2011-04-18
status:	unpublished
citation:
Document Size:	57164

1397 RITA KIEFFER v. DAVID DEMEO -- rank: 465

... Court of New Jersey, Law Division, Burlington County, Docket No. L-2722-11. Rita Kieffer, appellant, argued the cause pro se ... of counsel and on the brief; Mr. McIntyre and Jennifer L. Moran, on the brief). PER CURIAM Plaintiff Rita Kieffer, who ... Division judge also barred Kieffer's engineering expert Frank Vinciguerra. 2 The court denied Kieffer's March 14, 2014 motion for ... with any common elements or common areas that materially affect[ed] the property?" In the "MISCELLANEOUS" section, DeMeo checked "No" to ... the washer and dryer. In the acknowledgment section, Sandmann "confirm[ed] that [she] visually inspected the property with reasonable diligence to ... Public Works Department informed Association management "that the area need[ed] immediate attention." The Board did not want to do ...

docket:	a4621-13
court:	NJ Superior Court Appellate Division
decided:	2016-03-23
status:	unpublished
citation:
Document Size:	96592

1398 FIBERMARK NORTH AMERICA, INC v. STATE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 465

... Court of New Jersey, Law Division, Hunterdon County, Docket No. L-0294-08. Joshua W. Denbeaux argued the cause for appellant ... Vermont bar, admitted pro hac vice (Downs Rachlin Martin P.L.L.C.), on the briefs). Kimberly A. Hahn, Deputy Attorney General ... trial court order dismissing its complaint under Rule 4:37-2(b). After reviewing the record in light of the contentions ... motion, and the bankruptcy court entered an order on March 2, 2001, authorizing the abandonment of this property. The order entered ... an exclusive option to purchase the Warren Glen mill for $2.25 million plus fifty percent of whatever IPPE received ...

docket:	a6201-08
court:	NJ Superior Court Appellate Division
decided:	2011-05-03
status:	unpublished
citation:
Document Size:	47258

1399 SILVIA FUNES v. NORFOLK SOUTHERN CORPORATION -- rank: 465

... Court of New Jersey, Law Division, Union County, Docket No. L-3614-09. Daniel O. Sloan argued the cause for appellant ... by weight of alcohol in the person's blood; or (2) under the influence of drugs, other than drugs medically prescribed ... used. This subsection shall apply notwithstanding the provisions of P.L.1973, c. 146 (C.2A:15-5.1 et seq ... 1959, stating "[t]his statute had its origin in 1869. L. 1869, c. 285, p. 806. It was enacted in virtually ... language as part of the General Railroad Law in 1903, L. 1903, c. 257, § 55, and re-enacted in its ... v. Bd. of Pub. Util. Comm'rs , 87 N.J.L. 170 , 172 (E. & A. 1915). With the enactment of ...

docket:	a5348-10
court:	NJ Superior Court Appellate Division
decided:	2012-09-18
status:	unpublished
citation:
Document Size:	41608

1400 STATE OF NEW JERSEY v. JORGE GALLINAT -- rank: 465

... S. 668, 684-85, 104 S. Ct. 2052 , 2063, 80 L. Ed.2d 674 , 691-92 (1984). "[W]hether retained or appointed ... Id. at 685-86, 104 S. Ct. at 2063, 80 L. Ed. 2d at 692 (quoting McMann v. Richardson , 397 U.S. 759 , 771 n.14, 90 S. Ct. 1441 , 1449 n.14, 25 L. Ed.2d 763 , 773 n.14 (1970)). The New ...

docket:	a4964-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-08
status:	unpublished
citation:
Document Size:	17192

1401 STATE OF NEW JERSEY v. SONYA JONES, -- rank: 465

... in question provides, in pertinent part, as follows: See footnote 2 2         a. Custody of children.         A person, including a parent, guardian ... elements of the crime.'" State v. Martin , 119 N.J. 2 , 18 (1990) (quoting State v. Concepcion , 111 N.J. 373 ... 6 (Wyo. 1979))); 13 Williston on Contracts § 39:30 (4th ed. 2000) . We see no reason why these contract principles are ... have been clearly capable of producing an unjust result. R. 2:10-2; State v. Hock , 54 N.J. 526 , 538 (1969), ...

docket:	A3229-99
court:	NJ Superior Court Appellate Division
decided:	2002-01-10
status:	published
citation:	346 N.J. Super. 391 788 A.2d 303
Document Size:	40408

1402 STATE OF NEW JERSEY v. RICHARD BARGE -- rank: 465

... murder, N.J.S.A. 2C:11-3(a)(1)(2); second-degree possession of a weapon for unlawful purpose, N ... Release Act (NERA), N.J.S.A. 2C:43-7.2, on count one; four years imprisonment on count three (third ... SHOULD HAVE GRANTED THE JOINT MOTIONS TO REOPEN THE WADE [ 2 ] HEARING WHEN IT WAS DISCOVERED THAT THE STATE FAILED TO ... THE SHOOTER. POINT VI SENTENCE OF 57 WITH 47 1/2 OF PAROLE INELIGIBILITY YEARS WAS EXCESSIVE. Defendant raises the following ... ARE SUBJECTED TO DE NOVO REVIEW AND PURSUANT TO RULE 2:10-2. POINT IV THE CUMULATIVE EFFECT DENIED DEFENDANT HIS CONSTITUTIONAL ...

docket:	a4970-09
court:	NJ Superior Court Appellate Division
decided:	2012-11-26
status:	unpublished
citation:
Document Size:	55254

1403 Black Whale, Inc. v. Dir, Div of Taxation -- rank: 465

... could not be resolved by examining affidavits. R. 4:46-2 and Judson v. Peoples Bank & Trust Co. of Westfield , 17 ... pack") on which tax had not been paid or assessed, (2) Black Whale II, a boat on which tax has never ... for Black Whale IV with Trump's Castle hotel (D-2), various purchase invoices for the boats and supplies, and coast ... of a tax. (Amended by the Taxpayers' Bill of Rights, L. 1992, c. 175, §32, to provide for a four ... to be due pursuant to the provisions of section 19 2 where he has had a hearing or an opportunity for ... a) Appeal to tax court. Any aggrieved taxpayer may, within 90 days after any decision, order, finding, assessment or action ...

docket:	00470-93
court:
decided:	1995-06-19
status:
citation:	15 N.J. Tax 338
Document Size:	87504

1404 IN RE REORGANIZATION PLAN 1-2011 -- rank: 465

... for Supportive Housing, and Mercer Alliance to End Homelessness (Henry L. Kent-Smith, of counsel and on the brief). The opinion ... denied , 423 U.S. 808 , 96 S. Ct. 18 , 46 L. Ed.2d 28 (1975) ( Mount Laurel I ), the Supreme Court held ... and functions, and the expeditious administration of the public business; 2. Reduce expenditures and promote economy consistent with the efficient operation ... undermine the legislative underpinning of both COAH and the FHA. 2 According to appellant, whereas under COAH, "all decisions were made ... and functions, and the expeditious administration of the public business; (2) To reduce expenditures and promote economy to the fullest ...

docket:	a6301-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-08
status:	published
citation:	424 N.J. Super. 410 38 A.3d 620
Document Size:	95286

1405 JOHN K. CHANCE v. KEVIN P. MCCANN -- rank: 465

... from Superior Court of New Jersey, Law Division, Cumberland County, L-477-03. Bruce E. Helies argued the cause for appellant ... the following: (1) the balancing of the capital accounts and (2) Chance's cooperation in the continuation of the practice after ... the number was suggested by his accountant for tax purposes; (2) that he knew he was not entitled to that amount ... the time of settlement on the real estate transaction; and (2) subsequent weekly installments of $1,000, beginning on August 1 ... we quote extensively from the relevant provisions of the agreement: 2. The parties acknowledge that personal Federal and State Income Tax ... to Chance to liquidate the obligation set forth in Paragraph 2 above $20,000.00 payable at said settlement and ...

docket:	a1155-07
court:	NJ Superior Court Appellate Division
decided:	2009-03-11
status:	published
citation:	405 N.J. Super. 547 966 A.2d 29
Document Size:	128842

1406 ROBERT L. LOCKLEY, JR. v. RONDA TURNER, -- rank: 465

... DIVISION                             DOCKET NO. A-1783-99T1                                      A-1835-99T1 ROBERT L. LOCKLEY, JR.,     Plaintiff-Respondent, v. RONDA TURNER,     Defendant-Appellant, and ... 105, COMMISSIONER WILLIAM H. FAUVER and JACQUELINE JONES,     Defendants. ROBERT L. LOCKLEY, JR.,     Plaintiff-Respondent, v. STATE OF NEW JERSEY, DEPARTMENT ... the Superior Court of New Jersey, Law Division, Burlington County, L- 3195-94.         Howard M. Nirenberg argued the cause for appellant ... the brief).         Linda Wong argued the cause for respondent Robert L. Lockley, Jr. in A-1783-99T1 and A- 1835-99T1 ... Id. at 598 (quoting Dolson v. Anastasia , 55 N.J. 2 , 6 (1969). "The object is to correct clear error or ... there was a miscarriage of justice under the law." R. 2:10-1.         Accordingly, "[t]he standard for appellate review ...

docket:	A1835-99
court:	NJ Superior Court Appellate Division
decided:	2001-08-10
status:	published
citation:	344 N.J. Super. 1 779 A.2d 109
Document Size:	64949

1407 /usr/local/share/www/libweb/collections/courts/appellate/a0314-18.opn.html -- rank: 465

... v. Arizona, 384 U.S. 436 (1966). A-0314-18T4 2 [DEFENDANT] TO GIVE A FORMAL STATEMENT WHILE IN A HOLDING ... use his slot cash, his card had a zero balance.2 Once he reported the issue to Spatolla, she reloaded his ... redemptions had occurred at slot machine number 5333 at location 2 Fazzia explained that although his black card could only be ... the video at approximately 4:00 p.m. on February 2, 2017, and identified the man using machine 5333 at the ... was depicted in the video, and thus the narration 'usurp[ed] the jury's function' by offering 'a lay opinion on ... 1984)). Turning to the substantive principles governing lay opinion testimony, [l]ay witnesses may present relevant opinion testimony in accordance ...

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Document Size:	80279

1408 ENDO SURGI CENTER, P.C. v. LIBERTY MUTUAL INSURANCE COMPANY -- rank: 465

... Court of New Jersey, Law Division, Union County, Docket No. L-0228-06. Charles X. Gormally argued the cause for appellants ... David H. Yu, Eyad Baghal and Pavan Sachan, (Brach Eichler L.L.C., attorneys; Mr. Gormally, of counsel and on the briefs ... Mutual had been sending its personal injury protection (PIP) insureds 2 to Endo for several years for out-patient pain management ... Codey Law applies only to practitioners, and not to facilities; 2) because the Codey Law places sole responsibility for enforcement of ... under N.J.A.C. 8:43A-1.3; and 2) Liberty Mutual had not established a violation of the ...

docket:	a4611-07
court:	NJ Superior Court Appellate Division
decided:	2010-08-17
status:	unpublished
citation:
Document Size:	59168

1409 ANNA GREENWOOD v. THE MAYOR AND TOWNSHIP COMMITTEE OF THE TOWNSHIP OF HOPEWELL ANNA GREENWOOD v. THE MAYOR AND TOWNSHIP COMMITTEE OF THE TOWNSHIP OF HOPEWELL -- rank: 465

... FARMS, HENRY AND LIDIA HARBAT, ESTATE OF JAMES TRAVAGLINE, GERALD L. and ALLAN M. BLAUTH, GREGORY SANDFORD, SANFORD J. and PATRICIA ... A. MOKROS, ESTATE OF RONALD LAYFIELD, GALE W. MOSER, MARK L. GOITEIN, THEODORE & DORIS GOITEIN, EARL & DORIS WERT, CHARLES M. & LUCIA ... Court of New Jersey, Law Division, Mercer County, Docket Nos. L-3594-01 and L-3597-01. David J. Frizell argued the cause for appellants ... agriculture, 39% is forested, 19% is residential (i.e., urban), 2% is water, and 9% is wetlands. This pattern existed at ... this ordinance. [Ordinance No. 012-1268, §§ 17-160.I.4.2.] Open lands subdivisions and cluster subdivisions on tracts of ...

docket:	a1910-06 a1910-06
court:	NJ Superior Court Appellate Division
decided:	2008-08-14 2008-08-14
status:	unpublished Unpublished
citation:
Document Size:	126795

1410 STATE OF NEW JERSEY v. CHARLES MEEKINS -- rank: 465

... Defendant-Appellant. _______________________________ Submitted: May 19, 2010 - Decided Before Judges C.L. Miniman and Fasciale. On appeal from the Superior Court of ... for appellant (Michael Confusione, Designated Counsel, on the brief). Joseph L. Bocchini, Jr., Mercer County Prosecutor, attorney for respondent (Dorothy Hersh ... of second-degree burglary, N.J.S.A. 2C:18-2 (Count One); first-degree robbery, N.J.S.A. 2C ... 1) in advising him to testify on his own behalf; (2) by failing to investigate a potential alibi witness; (3) in ... U.S. 668 , 685, 104 S. Ct. 2052 , 2063, 80 L. Ed.2d 674 , 692 (1984),] test. Defendant was found with ...

docket:	a3696-08
court:	superior court appellate division
decided:	2010-07-21
status:	unpublished
citation:
Document Size:	62190