Search Rutgers Law Library N.J. Court Opinions

2806 IN THE MATTER OF EUGENE I. OTTO POLICE DEPARTMENT TOWNSHIP OF IRVINGTON -- rank: 367

... public employee, in violation of N.J.A.C. 4A:2-2.3(a)(6); two counts of being untruthful, in violation ... morning hours of September 7, 2004. Otto testified that between 2:00 and 2:30 A.M., he received an anonymous telephone call informing ... the agency's decision offends the State or Federal Constitution; (2) whether the agency's action violates express or implied legislative ... public employee in violation of N.J.A.C. 4A:2-2.3(a)(6). This regulation merely states that ...

docket:	a1112-08
court:	superior court appellate division
decided:	2009-12-24
status:	unpublished
citation:
Document Size:	52325

2807 STATE OF NEW JERSEY v. PATRICK D. MACMENAMIN, II -- rank: 367

... Defendant-Appellant. ________________________________________________________________ Argued March 10, 2008 - Decided Before Judges S.L. Reisner, Gilroy and Baxter. On appeal from Superior Court of ... Gallagher, Assistant Prosecutor, argued the cause for respondent (Theodore F.L. Housel, Atlantic County Prosecutor, attorney; Mr. Gallagher, on the brief ... a breathalyzer examination, N.J.S.A. 39:4-50.2. On the DWI conviction, the Law Division imposed appropriate monetary ... defendant whether he was the driver, defendant replied, "I f***ed up. Yes." Once defendant spoke, Ponzetti noticed defendant smelled of ... vehicle. He insisted that when he said "this is f***ed up," he was referring to the situation itself and not ... conclude that it lacks sufficient merit to warrant discussion. R. 2:11-3(e)(2). We add only the following ...

docket:	a4604-06
court:	njappellate
decided:	2008-03-28
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	44059

2808 STATE OF NEW JERSEY v. WILLIAM L. WITT -- rank: 367

... also be found at 435 N.J.Super. 608 or 90 A.3d 664. (NOTE: The status of this decision is ... APPELLATE DIVISION STATE OF NEW JERSEY, Plaintiff-Appellant, v. WILLIAM L. WITT, Defendant-Respondent. _________________________________________________________ May 21, 2014 Argued May 6, 2014 ... his motor vehicle, the Attorney General seeks to have "overturn[ed] the rule of law announced in State v. Pena-Flores ... his involvement with another motor vehicle stop when, at approximately 2:00 a.m., a vehicle drove by with his "high ... to obtain a change in the currently applicable legal principles, 2 the State argues in a single point: 3 THE CURRENT ... unworthy of our further discussion in a written opinion. R. 2:11-3(e)(2). Notwithstanding, and for the sake ...

docket:	a0866-13
court:	NJ Superior Court Appellate Division
decided:	2014-05-21
status:	published
citation:	435 N.J.Super. 608 90 A.3d 664
Document Size:	27701

2809 /usr/local/share/www/libweb/collections/courts/appellate/a2813-18.opn.html -- rank: 367

... implied consent statute, N.J.S.A. 39:4-50.2, instead of the refusal statute, N.J.S.A. 39 ... odor of alcohol from inside the vehicle. After defendant 'fumbl[ed] with documents,' admitted having consumed alcohol, and performed poorly on ... statement required by N.J.S.A. 39:4-50.2(e) advising defendant of the consequences of a refusal to ... a breath test. N.J.S.A. 39:4-50.2(e) A-2813-18T1 2 provides that an officer shall 'inform [a] person arrested [for ... in violation of N.J.S.A. 39:4-50.2, which provides that any person operating a motor vehicle ...

docket:
court:
decided:
status:
citation:
Document Size:	32654

2810 STATE OF NEW JERSEY v. LOUIS MCGRATH -- rank: 367

... 72-12. James J. Markham, III, attorney for appellant. John L. Molinelli, Bergen County Prosecutor, attorney for respondent (Jacqueline Choi, Assistant ... chemical breath test, N.J.S.A. 39:4-50.2. Defendant argues the conviction should be reversed because the officer ... standard statement under N.J.S.A. 39:4-50.2(e), which omitted mention that, if convicted, the court would ... chemical breath test, N.J.S.A. 39:4-50.2. Shouldis testified that shortly after 8:30 p.m., he ... as a mandatory consequence of a refusal conviction in 2010. L. 2009, c. 201, §§ 2, 5 (Jan. 14, 2010). There is no allegation that ...

docket:	a2929-12
court:	NJ Superior Court Appellate Division
decided:	2014-02-21
status:	unpublished
citation:
Document Size:	28862

2811 Kamie S. Kendall v. Hoffman-LaRoche, Inc. -- rank: 367

... was injured through the fault of another. (pp. 19-25) 2. Under the common law, a product may be defective due ... symptoms and her ingestion of the drug. (pp. 31- 33) 2 The judgment of the Appellate Division is AFFIRMED. JUDGE WEFING ... and Covington & Burling, attorneys; Mr. Schmidt, Michelle M. Bufano, Russell L. Hewit, and Michael X. Imbroscio, a member of the District ... court should determine applicability of discovery rule in pretrial hearing). 2 A subsequent jury trial resulted in a large award to ... Reform Alliance (NJLRA) and Healthcare Institute of New Jersey (HINJ); (2) New Jersey Business and Industry Association, New Jersey State Chamber ... a party could institute a legal action, Rothman v. Silber, 90 N.J. Super. 22, 28 (App. Div.) (citing Uscienski ...

docket:	A-73-10
court:	NJ Supreme Court
decided:	2012-02-27
status:
citation:	209 N.J. 173 36 A.3d 541
Document Size:	65788

2812 STATE OF NEW JERSEY v. BRIONNE CUFF -- rank: 367

... Jennifer Webb-McRae, Cumberland County Prosecutor, attorney for respondent (Kaila L. Diodati, Assistant Prosecutor, of counsel and on the brief). PER ... distribute (cocaine), N.J.S.A. 2C:35-5(a)(2); and third-degree possession of CDS with intent to distribute (heroin), N.J.S.A. 2C:35-5(a)(2). After appropriate mergers, defendant received an aggregate four-year prison ... to possess a CDS, N.J.S.A. 2C:5-2(a)(1) and N.J.S.A. 2C:35-10(a)(1). A-1470-19 2 he got some small items and returned to his vehicle ... him. Kite read defendant his Miranda2 rights and searched him 2 Miranda v. Arizona, 384 U.S. 436 (1966). A- ...

docket:	a1470-19
court:	NJ Superior Court Appellate Division
decided:	2022-04-01
status:	Unpublished
citation:
Document Size:	74420

2813 JANE BANSAL v. ASHWANI BANSAL -- rank: 367

... and A-0598-06T3); Law Division, Hunterdon County, Docket No. L-151-05 (A-0430-06T3). Jane Bansal, appellant pro se ... 1 WAS TIMELY FILED AS REQUIRED BY RULE 4:50-2. A. JUDGMENT OF DIVORCE ON FILE WITH COURT AND DEFENDANT ... 1. BONUSES. C. INTENTIONAL INCONSISTENT POSITIONS BARRED BY JUDICIAL EXTOPPEL. 2. LONG[-]TERM INCENTIVE COMPENSATION AWARDS. 3. GROUNDS FOR DIVORCE. 4. HOUSE REPAIR BILL. 5. ANNUAL BONUS FOR 2 003 AND 2004. 6. COLLEGE EXPENSES. 7. COUNSEL FEES. 8 ... abuse his discretion in denying a further extension of discovery, (2) properly granted partial summary judgment, and (3) did not err ... example of defendant's financial dishonesty. She produced defendant's 2 004 CIS and 2005 CIS, which she claimed misstated ...

docket:	a0242-06
court:	New Jersey Superior Court Appellate Division
decided:	2008-10-22
status:	unpublished
citation:
Document Size:	137646

2814 IN THE MATTER OF THE CIVIL COMMITMENT OF W.X.C. -- rank: 367

... should not have been admitted as exhibits at tri a l. (Not raised below). Our scope of review of civil commitment ... discretion. J.M.B. , supra , 395 N.J. Super. at 90. Accordingly, it is our responsibility to canvass the record, inclusive ... crime an act previously committed, which was innocent when done; (2) make more burdensome the punishment for a crime after its ... U.S. 346 , 381, 117 S. Ct. 2072 , 2091, 138 L. Ed.2d 501 , 527 (1997) (Breyer, J., dissenting) to support this ... others." Id. at 366, 117 S. Ct. at 2084, 138 L. Ed. 2d at 517. In his critical concurring opinion, ...

docket:	a0347-07
court:	NJ Superior Court Appellate Division
decided:	2009-06-19
status:	published
citation:	407 N.J. Super. 619 972 A.2d 462
Document Size:	73864

2815 STATE OF NEW JERSEY v. ANTQUION MILLER -- rank: 367

... Release Act (NERA), N.J.S.A. 2C:43-7.2. He appeals from an order denying his post-conviction relief ... an aggregate sentence exceeding thirty-eight years. A-1634-20 2 During his plea proceeding, defendant testified that while in Jersey ... incident, and asserted defendant '[a]nally, vaginally, [and] orally penetrat[ed]' C.S. in the vestibule area of her apartment building ... the victims, N.J.S.A. 2C:44-1(a)(2); three, the risk defendant will commit another offense, N.J ... the predicate acts under N.J.S.A. 2C:14-2(a)(3), including robbery, during the commission of the sexual ... account' his 'immature state of mind [to] offer a diminish[ed] capacity defense.' In his supplemental certification, defendant asserted he ...

docket:	a1634-20
court:	NJ Superior Court Appellate Division
decided:	2022-02-11
status:	Unpublished
citation:
Document Size:	45582

2816 JODY A. SAYLES v. G&G HOTELS, INC -- rank: 367

... Court of New Jersey, Law Division, Camden County, Docket Nos. L-2909-07 and L-4496-07. Robert G. Devine argued the cause for appellant ... at or in conjunction with the operation of the Facility, [(2)] any breach or violation of any contract or any law ... any . . . occurrence . . . in conjunction with the operation of the [hotel], [2] any breach [of contract] or violation of . . . any law . . ., or ... aff’d , 326 U.S. 404 , 66 S. Ct. 193 , 90 L. Ed. 165 (1945), that "a mature and developed jurisprudence" ...

docket:	a2926-11
court:	NJ Superior Court Appellate Division
decided:	2013-01-16
status:	published
citation:	429 N.J.Super. 266 57 A.3d 1129
Document Size:	34057

2817 STATE OF NEW JERSEY v. GREGORY POWELL -- rank: 367

... sexual assault, contrary to N.J.S.A. 2C:14-2(b), and third-degree endangering the welfare of a child ... in Sayreville, came to the house in Franklin at approximately 2 a.m. on July 15 because John had arranged to ... sexual assault, contrary to N.J.S.A. 2C:14-2(a), in addition to the two offenses on which he ... we apply the plain error standard of appellate review. R. 2:10-2. "Under that standard, '[a] reviewing court may reverse on the ... committed to the trial judge's sound discretion. State v. L.P. , 352 N.J. Super. 369 , 380 (App. Div.) ( ...

docket:	a1021-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-04
status:	unpublished
citation:
Document Size:	33179

2818 WILLIAM V. CONNELLY v. FROHLING, HUDAK and McCARTHY, P.C. -- rank: 367

... New Jersey, Law Division, Civil Part, Morris County, Docket No. L-2988-03. Gerald J. Kelly argued the cause for appellants ... pro se. John B. M. Frohling, attorney for Frohling Associates, L.L.C. and Linda Pellegrino. 1 PER CURIAM Plaintiffs appeal from ... dismissing their legal malpractice action, pursuant to Rule 4:37-2(b) at the end of their case, against all defendants ... dismissal and the needed reinstatement within the year time frame. 2 Despite plaintiffs' claims that the defendant firm had agreed to ... Faulty, inadequate or defective : (1) planning, zoning, development, surveying siting; (2) design, specifications, workmanship, repair construction, renovation, remodeling, grading compaction; ( ...

docket:	a5798-07
court:	superior court appellate division
decided:	2010-02-03
status:	unpublished
citation:
Document Size:	51289

2819 Jerista v. Murray -- rank: 367

... control.      Finally, in 1999, the Jeristas retained new counsel, Jack L. Wolff, Esquire. When Wolff was unable to obtain the file ... duty to discover and eliminate dangerous conditions. (Pp. 15—18). 2. The plaintiff bears the burden of proving that a storeowner ... is reported at 367 N.J. Super. 292 (2004). Jack L. Wolff argued the cause for appellants. Mark M. Tallmadge argued ... of action was dead. In January 1999, plaintiffs retained Jack L. Wolff, Esq., to represent them in the Shop Rite case ... have been pled as a products liability action. See footnote 2 The court also did not agree with plaintiffs’ assertion that ... right based on the dissent in the Appellate Division. R. 2:2-1(a)(2). II. A. In reviewing a ...

docket:	a-5-04
court:	njsupreme
decided:	2005-10-12
status:
citation:	185 N.J. 175
Document Size:	77819

2820 ANNE M. McNEIL, et al. v. THE LEGISLATIVE APPORTIONMENT COMMISSION OF THE STATE OF NEW JERSEY, et al. -- rank: 367

... OF THE STATE OF NEW JERSEY, Defendant-Movant, And REGENA L. THOMAS, Secretary of State of New Jersey, and DAVID SAMSON ... it appearing that since the adoption of art.IV, §2, ¶3 of the New Jersey Constitution nearly forty years ... OF THE STATE OF NEW JERSEY, Defendant-Movant, And REGENA L. THOMAS, Secretary of State of New Jersey, and DAVID SAMSON ... legislative districts violates the plain language of article IV, section 2 of the New Jersey Constitution. The critical issue is whether ... OF THE STATE OF NEW JERSEY, Defendant-Movant, And REGENA L. THOMAS,Secretary of State of New Jersey, and DAVID SAMSON ... harm will result from enforcement of the judgment pending appeal; (2) the appeal presents a meritorious issue, and movant has ...

docket:	m-728-02
court:	NJ Supreme Court
decided:	2003-03-06
status:
citation:	176 N.J. 484 825 A.2d 112
Document Size:	46025