Search Rutgers Law Library N.J. Court Opinions

2641 H.E.S. v. J.C.S. -- rank: 377

... does not depend on guilt or innocence. (Pp. 11-18) 2. The Appellate Division failed to consider defendant's behavior that ... or conduct that was directed at or toward a person, 2) that speech or conduct occurred on at least two occasions ... twice left her stranded without transportation to or from work; 2) locked her in a bedroom, pinned her down and bruised ... U.S. 113 , 127, 110 S. Ct. 975 , 984, 108 L. Ed.2d 100 , 114-15 (1990); Mathews v. Eldridge , 424 U.S. 319 , 334, 96 S. Ct. 893 , 902, 47 L. Ed.2d 18 , 33 (1976); Nicoletta v. North Jersey ...

docket:	a-132-01
court:	njsupreme
decided:	2003-02-06
status:
citation:	175 N.J. 309
Document Size:	64347

2642 DOWEL ASSOCIATES v. HARMONY TOWNSHIP LAND USE BOARD -- rank: 377

... May 12, 2008 - Decided Before Judges Stern, Collester and C. L. Miniman. On appeal from the Superior Court of New Jersey, Law Division, Somerset County, Docket No. L-1166-05. Kevin P. Benbrook argued the cause for appellant ... Jersey Pollution Discharge Elimination System Permit" ("NJPDES") by the DEP. 2 Appellants contend that the Board's denial of the application ... granted second round substantive certification to Harmony Township on October 2, 2002. The resolution granting substantive certification expressly noted that an ... 88-6; amended 9-4-1990 by Ord. No. 0:90-16] A separate section, 148-14, setting forth requirements for ... It set forth several conclusions and recommendations, including the following: 2) The entire site is underlain by carbonate rock fractures ...

docket:	a5564-06
court:	New Jersey Superior Court Appellate Division
decided:	2008-09-09
status:	Published
citation:	403 N.J. Super. 1 956 A.2d 349
Document Size:	117340

2643 STATE OF NEW JERSEY v. LEE FUNDERBURG -- rank: 377

... P. Fisher, Assistant Prosecutor, argued the cause for respondent (Joseph L. Bocchini, Jr., Mercer County Prosecutor, attorney; Mr. Fisher, of counsel ... N.J.S.A. 2C:11-3(a)(1) and (2) and N.J.S.A. 2C:5-1, arguing that ... provocation manslaughter. N.J.S.A. 2C:11-4(b)(2). We agree and consequently reverse and remand for a new ... efforts to prevent a fight between his son and Parham. 2 Leroy testified that he saw Parham pull out a knife ... N.J.S.A. 2C:11-3(a)(1) and (2) and N.J.S.A. 2C:5-1 (count one ... contrary to N.J.S.A. 2C:12-1(b)(2) (count three); third-degree possession of a weapon for ...

docket:	a5970-11
court:	NJ Superior Court Appellate Division
decided:	2014-07-17
status:	unpublished
citation:
Document Size:	32075

2644 /usr/local/share/www/libweb/collections/courts/appellate/a5425-13.opn.html -- rank: 377

... Court of New Jersey, Law Division, Union County, Docket No. L-4765-11. Robert A. Ungvary, attorney for appellant/cross-respondent ... NJCRA), N.J.S.A. 1 0:6-1 to -2, "by acting under color of state law to retaliate against ... Constitution. 1 He appeals from the dismissal of his complaint. 2 We affirm. I. Plaintiff, a Democrat, described two factions in ... in a written opinion beyond the following brief comments. R. 2:11-3(e)(1)(E). First of all, although plaintiff ... the duty is ministerial and wholly free from doubt, and (2) to compel the exercise of discretion, but not in a ... qualified immunity. This argument also merits only limited discussion. R. 2:11-3(e)(1)(E) . The qualified immunity doctrine ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	23816

2645 EASTERN CONCRETE MATERIALS, INC v. RARITAN TOWN CENTER LLC -- rank: 377

... Court of New Jersey, Law Division, Somerset County, Docket No. L-623-06. Bruce D. Meller argued the cause for appellants ... to recover under the construction lien it filed on December 2, 2005 (first count); and under the principles of unjust enrichment ... contract provided that Contek would perform the concrete work for $2,700,000, plus the costs of any additional work requested ... changes totaled $65,073.46, increasing the contract amount to $2,765,073.46. JMA, a supplier of materials to the ... to Contek for the project on January 5, 2005, charging $2,880 for the construction plan detailing. Ahle testified that thereafter ... had completed 100% of its work in all nine categories. 2 In the interim, on November 25, 2005, Rasekhi submitted ...

docket:	a5337-08
court:	NJ Superior Court Appellate Division
decided:	2011-07-07
status:	unpublished
citation:
Document Size:	44138

2646 STATE OF NEW JERSEY v. PETER WILLIS -- rank: 377

... denied , 555 U.S. 825 , 129 S. Ct. 158 , 172 L. Ed.2d 41 (2008). During the plea colloquy, the municipal judge ... 1,000, you'll be imprisoned for 48 hours to 90 days, which 48 hours shall not be suspended or served ... service, and your driver's license will be suspended for 2 years. If it's in a school zone, the fines ... fined $1,000, you'll be imprisoned for 180 days, 90 of which could be in an in-patient. And that ... A] [c]ourt may order you [to serve] up to 90 days of that sentence participating in a drug or ...

docket:	a5496-13
court:	NJ Superior Court Appellate Division
decided:	2015-12-03
status:	unpublished
citation:
Document Size:	30161

2647 JESSE WOLOSKY v. FREDON TWP. -- rank: 377

... Fredon Twp. (Hollander, Strelzik, Pasculli, Hinkes, Wojcik, Gacquin, Vandenberg & Hontz, L.L.C., attorneys). John R. Lloyd for the Amicus Curiae, Association ... the Townships of Green, Byram, and Stillwater, within Sussex County. 2 On May 12, 2016, Mr. Wolosky timely appealed to the ... J.S.A. 54:3-21(a)(1). On June 2, 2016, the Holensteins served what is commonly known as a ... these motions, Mr. Wolosky hired attorney Matthew Petracca. On September 2, 2016, the court denied the motion to dismiss as premature ... R. 1:4-8 relief sought was a post-judgment 2 Mrs. Holenstein also serves as Municipal Tax Assessor to ...

docket:	08267-16
court:	NJ Tax Court
decided:	2019-12-18
status:	Published
citation:
Document Size:	77747

2648 Jervis B. Webb Company v. Director, Division of Taxation -- rank: 375

... ON OPINIONS August 13, 2019 Chester Kosarek, Esq. Kosarek & Keane, L.L.C. 15 Kiel Avenue Kinnelon, NJ 07405 Heather Lynn Anderson ... for summary judgment, the Director refers to these documents as 2 to the real property upon which the improvements constituting Newark ... MOA further provided that the TSA was responsible to pay 90% of the allowable costs of the project through reimbursement payments ... the TSA; that Continental would be entitled to reimbursement for 90% of the “actual allowable, allocable and reasonable costs of ... Specifically Continental and plaintiff executed two “Contractor-Owner” agreements 2 whereby Continental, designated as the “Owner”, engaged plaintiff, ...

docket:	000054-16
court:	NJ Tax Court
decided:	2019-08-13
status:	Unpublished
citation:
Document Size:	46602

2649 Charles J. Widder v. Dir, Division of Taxation -- rank: 375

... issued a final determination. The letter indicated that plaintiff had 90 days to appeal to the Tax Court in the event he disagreed with the final determination. On July 2, 1993 the Tax Court received a letter sent certified mail return receipt requested stating that plaintiff "wish[ed] to appeal" a final determination of the Division of Taxation ... total rescission of interest imposed for tax years 1988/89/90 ...." The letter concluded with the following sentence, "Kindly advise me ... Taxation in a state tax matter must be filed within 90 days of the action sought to be reviewed, in this ... letter of June 29, received by the court on July 2, is deemed to be a complaint. 3 Rule 8 : ...

docket:	09585-93
court:
decided:	1994-08-15
status:
citation:	14 N.J. Tax 349
Document Size:	34277

2650 In the Matter of Wolf A. Samay, Judge of the Municipal Court of Passaic -- rank: 375

... 3C(1) of the Code of Judicial Conduct, and Rules 2:15-8(a)(1) and (a)(6). It unanimously recommended ... opposed to by clear and convincing evidence. (pp. 3-4) 2. Respondent's letter to Lazor violated Canons 1, 2A, and ... 2B of the Code of Judicial Conduct and Disciplinary Rule 2:15- 8(a)(6) in that his purposeful and intentional ... 3C(1) of the Code of Judicial Conduct, and Rule 2:15-8(a)(1) and Rule 2:15-8(a)(6). The presentment concluded that respondent �is ... to remove him from judicial office in accordance with Rule 2:14-1 and N.J.S.A. 2B:2A- ...

docket:	d-134-99
court:	njsupreme
decided:	2001-01-12
status:
citation:	166 N.J. 25
Document Size:	57089

2651 State v. Shawn L. Spivey -- rank: 375

... any opinion may not have been summarized). State v. Shawn L. Spivey (A-8-2003) Argued January 21, 2004 -- Decided April 1, 2004 ALBIN, J., writing for the Court. ����Shawn L. Spivey was arrested outside his apartment building as police began ... over the revolver found in the apartment. (pp. 6-9) 2. Next, the Court must determine whether the evidence supports the ... Term 2003 STATE OF NEW JERSEY, ����Plaintiff-Respondent, ��������v. SHAWN L. SPIVEY, ����Defendant-Appellant. Argued January 21, 2004 � Decided April 1 ... warrant to search the person and home of defendant Shawn L. Spivey, who lived in a second-floor apartment in Plainfield ... 263 (1964) (citing State v. Fiorello , 36 N.J. 80 , 90 (1961), cert. denied , 368 U.S. 967 , 82 S. ...

docket:	a-8-03
court:	njsupreme
decided:	2004-04-01
status:
citation:	179 N.J. 229
Document Size:	53901

2652 State v. Reginald Jordan -- rank: 375

... it finds that it is not credible. (pp. 8-11) 2. Under Kociolek , jurors are to be instructed that oral statements ... Defender, argued the cause for appellant and cross-respondent ( Susan L. Reisner , Public Defender, attorney). �������� Linda K. Danielson , Deputy Attorney General ... Defendant filed a notice of appeal as of right. R. 2:2-l(a)(2). Defendant also filed a petition for certification on other ...

docket:	a-8-96
court:	njsupreme
decided:	1997-02-06
status:
citation:	143 N.J. 518
Document Size:	60411

2653 State v. James Comer -- rank: 375

... Court expresses no opinion on the outcome of either hearing. 2 1. Comer and Zarate both contend their sentences violate the ... greater protection than the Eighth Amendment affords. (pp. 24-26) 2. Since 2005, the United States Supreme Court has written extensively ... brief, and Lauren Bonfiglio, Deputy Attorney General, on the brief). 2 Dillon J. McGuire argued the cause for amicus curiae Association ... brutal murder with his then-18-year-old brother, Jonathan.2 At the time of the offense in 2005, Zarate was ... around 3:00 a.m. on Sunday, a police officer 2 To avoid confusion, we refer to the defendant as � ... murder, N.J.S.A. 2C:11- 3(a)(1), (2); two counts of third-degree possession of a weapon ...

docket:	a-42-43-20
court:	NJ Supreme Court
decided:	2021-01-10
status:
citation:
Document Size:	159090

2654 Alfred Tonelli v.Board of Education of the Township of Wyckoff Township,et. al -- rank: 375

... from the need to provide beneficient services. (pp. 5-6) 2. In 1958, in a trilogy of cases, this Court abolished ... is reported at 373 N.J. Super. 421 (2004). Jeffrey L. Shanaberger argued the cause for appellant ( Hill Wallack , attorneys; Mr ... the day in question. ����Following the soccer game, at about 2:00 p.m., the Tonellis headed toward their car. As ... 489 (emphasis added)(quoting Wiklund v. Presbyterian Church of Clifton , 90 N.J. Super. 335 , 338 (Cty. Ct. 1966)(citing Anasiewicz ... must demonstrate that it �(1) was formed for nonprofit purposes; (2) is organized exclusively for religious, charitable or educational purposes; and ... by a municipality qualified for limited charitable immunity See footnote 2 from liability to a patient who suffered injuries during ...

docket:	a-105-04
court:	njsupreme
decided:	2005-12-28
status:
citation:	*CITE_PENDING*
Document Size:	49856

2655 Gardner v. Myron Pawliw, M.D. -- rank: 375

... substantial factor in producing the ultimate result. (pp. 21-27.) 2. A complication is presented when a physician's deviation from ... day the obstetrician failed to perform certain diagnostic tests and (2) the probability or possibility that those tests would have revealed ... J. Gordy, Attorney's Textbook of Medicine � 305.51 (3d ed. 1990). ����On cross-examination, Dr. Lewis noted that several of ... fetus and placenta exhibited only faint meconium staining, See footnote 2 he opined that the in utero environment could not have ... see Rosenberg v. Cahill , 99 N.J. 318 , 325 (1985); (2) a deviation from that standard of care, see Clark v ... Ariz. 1984); Northern Trust Co. v. Louis A. Weiss Mem'l Hosp. , 493 N.E.2d 6 , 11-12 (Ill. ...

docket:	a-82-96
court:	njsupreme
decided:	1997-07-14
status:
citation:	150 N.J. 359
Document Size:	111449