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1786 STATE OF NEW JERSEY v. JONATHAN NOBILE -- rank: 438

... Court of New Jersey, Law Division, Sussex County, Docket No. L-4751-03. Patti & Patti, attorneys for appellant (Jeffrey M. Patti ... denied , 498 U.S. 967 , 111 S. Ct. 429 , 112 L. Ed.2d 413 (1990). His application was summarily denied by the ... defendant's application was time-barred by R. 7:10-2(b)(2), and that defendant had not shown any excusable neglect for ... untimely without exception or excusable neglect under R. 7:10-2. Alternatively, the State contends that the transcript from the ...

docket:	a5412-05
court:	njappellate
decided:	2007-06-13
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	57650

1787 STATE OF NEW JERSEY v. RONALD FASULKA -- rank: 438

... Welaj, Designated Counsel, of counsel and on the brief). John L. Molinelli, Bergen County Prosecutor, attorney for respondent (Catherine A. Foddai ... A DANGEROUS WEAPON PURSUANT TO N.J.S.A. 2A:90-3 WAS AGAINST THE WEIGHT OF THE EVIDENCE. (NOT RAISED ... Wade , 388 U.S. 218 , 87 S. Ct. 1926 , 18 L. Ed 2 d ­­­­­­1149 (1967). Spoto testified at that hearing that he ... pretrial identification procedure was impermissibly suggestive, and if it was, (2) whether the suggestiveness resulted in "a very substantial likelihood ...

docket:	a6023-07
court:	superior court appellate division
decided:	2010-04-23
status:	unpublished
citation:
Document Size:	52156

1788 STATE OF NEW JERSEY v. JOSEPH WATSON -- rank: 438

... Again, defendant "used his arms for balance and he sway[ed] while he was balancing." Officer Shanley placed defendant under arrest ... to use the Alcotest, explained how to operate the machine. 2 In this case, defendant gave eight separate breath samples, which ... Wingo , 407 U.S. 514 , 92 S. Ct. 2182 , 33 L. Ed.2d 101 (1972), adopted by our Supreme Court in State ... arguments for our consideration in his appeal: POINT I THE 2,756 DAY (91 MONTHS AND NEARLY EIGHT-YEAR) DELAY FROM ... U.S. at 530, 92 S. Ct. at 2192, 33 L. Ed. 2d at 117, the United States Supreme Court ...

docket:	a5066-14
court:	NJ Superior Court Appellate Division
decided:	2017-09-21
status:	unpublished
citation:
Document Size:	54681

1789 IN THE MATTER NEW JERSEY INDIVIDUAL HEALTH COVERAGE PROGRAM'S READOPTION OF <u -- rank: 438

... S. Life Insurance Company the right to intervene. See footnote 2 2     CIGNA argues (1) because the IHCP is "an association of ... state agency," the Board "is not authorized to promulgate regulations," (2) "the readoption with amendments of N.J.A.C. 11 ... invalid. Our holding invalidates N.J.A.C. 11:20-2.17, as amended effective August 7, 1998, and we do ... Health Insurance Reform Act, N.J.S.A. 17B:27A-2 to -16.5 ("the Act"), to oversee and regulate a ... members" of the IHCP, N.J.S.A. 17B:27A-2, -4, and are required to "offer individual health benefits ...

docket:	A0566-98
court:	NJ Superior Court Appellate Division
decided:	2002-05-24
status:	published
citation:	353 N.J. Super. 494 803 A.2d 639
Document Size:	60194

1790 MESIVTA OHR TORAH OF LAKEWOOD v. TOWNSHIP OF LAKEWOOD, -- rank: 435

... Decided: December 10, 2008 Paul Tannenbaum for plaintiff (Zipp & Tannenbaum, L.L.C., attorneys). Michael J. Caccavelli and Robert E. Spiotti for ... charitable and educational purposes pursuant N.J.S.A. 15A:2-8 and section 501(c)(3) of the Internal Revenue ... operate a house of worship at its Henry Street property; (2) Rabbi Finkel is not an officiating clergyman; (3) because plaintiff ... denied , 520 U.S. 1241 , 117 S. Ct. 1845 , 137 L. Ed.2d 1048 (1997); Princeton Univ. Press v. Borough of ...

docket:	08580-07
court:
decided:	2008-12-10
status:
citation:
Document Size:	61887

1791 STATE OF NEW JERSEY v. DOMINGO MANN -- rank: 435

... he failed to object to the robbery jury charge, and (2) he failed to advise h im that he faced life ... U.S. 668 , 685, 104 S. Ct. 2052 , 2063, 80 L. Ed.2d 674 , 692 (1984). Whether "retained or appointed," counsel must ... at 685-86, 104 S. Ct. at 2062-63, 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. ...

docket:	a1491-08
court:	superior court appellate division
decided:	2010-08-30
status:	unpublished
citation:
Document Size:	60273

1792 HARRY’S LOBSTER HOUSE v. DIRECTOR, DIVISION OF <br -- rank: 435

... of plaintiff appears to have been a letter dated December 2, 2003, addressed to the Division, requesting an administrative hearing and ... for the tax) and N.J.S.A. 54:32B-2(w) (defining “persons required to collect tax” to include ... 6(f) and N.J.S.A. 54A:9-6(l) (similar provisions relating to gross income withholding taxes). 2 The Division responded with a letter dated January 26, 2004 ... and William Wolf, a friend and advisor to Mr. Jacoubs. Ed Vrancik, the Assistant Chief of the Division of Taxation’s ... or order as a matter of law." R . 4:46-2(c). “By its plain language, Rule 4:46- ...

docket:	04978-04
court:
decided:	2006-06-05
status:
citation:
Document Size:	55158

1793 129 Newark. L.L.C. v. Director, Division of Taxation -- rank: 435

... Market Street Trenton, New Jersey 08625-0106 RE: 129 Newark. L.L.C. v. Director, Division of Taxation 3 Docket No. 0076 ... lack of subject-matter jurisdiction pursuant to R. 4:6-2(a). The issue presented by the Director’s motion is ... paid by plaintiff for the parcel was a total of $2,900,000. At the time of purchase, plaintiff, as grantee ... for lack of subject matter jurisdiction under R . 4:6-2(a), which is opposed by plaintiff. Simultaneously, plaintiff filed a ... plaintiff’s claim for refund, having been made beyond the 90-day statute of limitations for claims for refund of ...

docket:	007651-20
court:	NJ Tax Court
decided:	2015-09-22
status:	unpublished
citation:
Document Size:	38539

1794 IN THE MATTER COMMISSIONER'S FAILURE TO ADOPT 861 CPT CODES AND TO PROMULGATE HOSPITAL AND DENTAL FEE SCHEDULES. -- rank: 435

... 5). 32 N.J.R. at 4333, 4337-77. Exhibit 2, a dental fee schedule, was reserved. There was no proposed ... provides:         a. The Commissioner of Banking and Insurance shall, within 90 days after the effective date of P.L.1990, c. 8 (C.17:33B-1 et al.), promulgate ... automobile insurer under personal injury protection coverage pursuant to P.L.1972, c. 70 (C.39:6A-1 et seq.), or ... an insurer under medical expense benefits coverage pursuant to section 2 of P.L.1991, c. 154 (C.17:28-1.6). These ...

docket:	a6787-00
court:	njappellate
decided:	2003-03-07
status:	published
citation:	358 N.J. Super. 135
Document Size:	33178

1795 STATE OF NEW JERSEY v. MATTHEW JENKIN DIPAOLO -- rank: 435

... prescription from ten to one hundred pills (count one); and (2) attempting to obtain a controlled dangerous substance by fraud in ... Denno , 378 U.S. 368, 84 S. Ct. 1774 , 12 L. Ed.2d 908 (1964), discloses the following facts. On March 21 ... Arizona , 384 U.S. 436 , 86 S. Ct. 1602 , 16 L. Ed.2d 694 (1966). Once defendant was taken to the police ... the motion judge's legal conclusions is plenary. Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. ...

docket:	a2270-10
court:	NJ Superior Court Appellate Division
decided:	2012-11-20
status:	unpublished
citation:
Document Size:	26834

1796 In the Matter of the Expungement Application of D.J.B. -- rank: 435

... found at 216 N.J. 433 or 83 A.3d 2. SYLLABUS (This syllabus is not part of the opinion of ... to the case: (1) N.J.S.A. 2C:52-2, which allows an adult conviction to be expunged under certain ... not been convicted of a prior or subsequent crime; and (2) N.J.S.A. 2C:52-4.1(a), which ... 4.1(a) and N.J.S.A. 2C:52-2 serve to prevent a petitioner with an indictable crime from ... an adult conviction under N.J.S.A. 2C:52-2. 1. This case requires the Court to interpret parts of ... part or section to provide a harmonious whole. (p. 8) 2. The “primary objective” of the statutory expungement scheme ...

docket:	A-39-12
court:	NJ Supreme Court
decided:	2014-01-16
status:
citation:	216 N.J. 433 83 A.3d 2
Document Size:	76248

1797 Wingate v. Estate of Ryan -- rank: 435

... established as provided under the Parentage Act. (pp. 4-10) 2. The parties disagree on whether Joanne's claim is time ... persons born out of wedlock for purposes of proving heirship. L. 1991, c. 22, § 1.     Plaintiff Joanne Wingate filed a complaint ... establish that she and her son are heirs of John L. Ryan. The trial court denied defendants' motion for summary judgment ... court." N.J.S.A. 3B:23-19. 8 U.L.A. 67 (1983). That section has alternative provisions, one for ... Safety and Defense Committee Statement to Senate Bill No. 888 -- L. 1983, c. 17. The Legislature enacted the Parentage Act "to ... established as provided by the "New Jersey Parentage Act," P.L. 1983, c. 17 (C. 9:17-38 et seq.). [ ...

docket:	a-83-96
court:	njsupreme
decided:	1997-05-19
status:
citation:	146 N.J. 496
Document Size:	42727

1798 STATE OF NEW JERSEY V. TRACY SPENCER -- rank: 435

... cell at the Central Judicial Processing (CJP) Court See footnote 2 where defendant was waiting to appear before a judge and ... THE SEXUAL ASSAULT WERE PART OF A CONTINUOUS TRANSACTION; AND (2) INCORRECTLY TOLD THE JURY THAT THEY COULD CONVICT DEFENDANT OF ... having been struck by an open hand and fist; and (2) that "the anal injuries were not due to insertion of ... that he was unduly prejudiced when the trial court permitted L.C. to present hearsay evidence regarding defendant's alleged prior ... refused to permit defense counsel, in an effort to demonstrate L.C.'s bias against defendant, to question L.C. regarding his efforts to have defendant killed by ...

docket:	a1553-95
court:	njappellate
decided:	1999-03-12
status:	published
citation:	319 N.J.Super. 284
Document Size:	46428

1799 STATE OF NEW JERSEY v. MARIA REITER -- rank: 435

... Fiorinal, and Ambien, and had taken 10mg of Xanax at 2 p.m. The officer believed she was under the influence ... not yet entered her urine. The court sentenced defendant to 90 days' incarceration, community service, license revocation, and fines. Defendant appealed ... 2011, defendant filed a PCR petition under Rule 7:10-2(c)(1). A different municipal judge heard arguments, and denied ... denied , 522 U.S. 850 , 118 S. Ct. 140 , 139 L. Ed.2d 88 (1997). "To establish such a prima facie case ... Washington , 466 U.S. 668 , 104 S. Ct. 2052 , 80 L. Ed.2d 674 (1984), and State v. Fritz , 105 ...

docket:	a3464-11
court:	NJ Superior Court Appellate Division
decided:	2013-03-26
status:	unpublished
citation:
Document Size:	41583

1800 ALLAN B. BRAGGIN v. BOROUGH OF RAMSEY -- rank: 435

... Court of New Jersey, Law Division, Bergen County, Docket No. L-6101-18. Richard D. Picini argued the cause for appellant ... Act (NCRA), N.J.S.A. 10:6-1 to -2, based on their purported selective prosecution of the Borough's ... Am., 142 N.J. 520, 540 (1995); R. 4:46-2(c). Applying that standard, the record before the trial court ... of plaintiff's property led to three A-3698-19 2 investigations by municipal zoning officials in 2012, 2015, and 2016 ... would result in the issuance of a summons. On April 2, 2015, Mammone received a letter from plaintiff acknowledging the conditions ... the necessary time to 'obtain a trailer that [he] believe[ed would] ameliorate the violations.' Nonetheless, Mammone stated that 'prior ...

docket:	a3698-19
court:	NJ Superior Court Appellate Division
decided:	2022-01-06
status:	Unpublished
citation:
Document Size:	58972