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2986 STATE OF NEW JERSEY V. P.Z. -- rank: 357

... Assistant Deputy Public Defender         argued the cause for respondent (Susan L. Reisner,         Public Defender, attorney; Mr. Pinchak, of         counsel, and on ... and Family Services (DYFS) case worker. We affirm.     On May 2, 1995 a hearing was held on defendant's motion to ... findings."     On that same day, April 5, 1994, at about 2 pm, two DYFS workers went to defendant's home on ... he had caused the injuries by shaking C.Z. about 2 or 3 times. Defendant told her that he did not ... had not applied at the time of the confession, and 2) the trial court erred in holding that the DYFS workers ... U.S. 458 , 462, 58 S. Ct. 1019 , 1022, 82 L. Ed. 1461, 1465 (1938)). The right extends further, however, ...

docket:	a5669-94
court:	njappellate
decided:	1995-11-13
status:	published
citation:	285 N.J.Super. 219
Document Size:	27841

2987 Whitaker v. DeVilla -- rank: 357

... to provide to a New Jersey resident. (pp. 7-8) 2. Prior to the Appellate Division decision under review, courts confronted ... is reported at 287 N.J. Super. 370 (1996). Karen L. Suter , Deputy Attorney General, argued the cause for intervenor-appellant ... of New Jersey ( Peter G. Verniero , Attorney General, attorney; Joseph L. Yannotti , Assistant Attorney General, of counsel; Carla D. Williams , Deputy ... resident. [ Ibid. ] II     The deemer statute, first enacted in 1985, L. 1985, c. 520, § 18, and subsequently amended in 1988, L. 1988, c. 119, § 1 (codified as amended at N.J ... right to sue for non-economic damages would accrue. See L. 1983, c. 362, § 14. In its original form, the ...

docket:	a-60-96
court:	njsupreme
decided:	1997-02-03
status:
citation:	147 N.J. 341
Document Size:	53096

2988 STATE OF NEW JERSEY v. MISAEL H. CORDERO -- rank: 357

... commit murder, contrary to N.J.S.A. 2C:5-2 and N.J.S.A. 2C:11-3a (Count One ... commit robbery, contrary to N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1 (Count Three ... court erred by failing to remove a juror for cause; (2) that the juror in question was eliminated by the exercise ... Jersey , 516 U.S. 11 , 116 S. Ct. 949 , 133 L. Ed .2d 873 (1996). Under the first prong, defendant argues that ... offense as evidence of Cordero's guilt." Rule 1:7-2 provides that "no party may urge as error any ...

docket:	a5849-02
court:	njappellate
decided:	2006-08-15
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	54775

2989 THE NEW JERSEY ASSOCIATION OF SCHOOL BUSINESS OFFICIALS, INC., v. HAMILTON TOWNSHIP -- rank: 357

... Department of Education. N.J.S.A. 18A:17-14.2. Holders of that certification “are authorized to perform duties ... would like to highlight some [issues] that are extremely significant: . . . . 2. The elimination of the vote on the school budget if ... would agree that eliminating the vote is our primary concern. [Ed Meglis, Jr., Executive Director’s Report , Key Post, October 2002 ... Business Administrator as an integral part of the management team. [Ed Meglis, Jr., Executive Director’s Report , Key Post, April 2002 ... want to hear from their constituents rather than organizational personnel. [Ed Meglis, Jr., Executive Director’s Report , Key Post, July 2002 ... audited financial statements for the year ending June 30, 2002, 2 disclose the following sources of revenue: Dues $530,435. ...

docket:	04503-03
court:
decided:	2005-08-08
status:
citation:
Document Size:	57151

2990 State of New Jersey v. Sherron Latie Savage -- rank: 357

... jurors understand the instructions as a whole. (pp. 10-11) 2. When a prosecution is based on the theory that a ... statement must have been made in furtherance of the conspiracy; (2) the statement must have been made during the course of ... they must be evaluated under the plain error standard. R. 2:10-2; State v. Afanador , 151 N.J. 41 , 54 (1997) (noting ... charges are essential to a fair trial. State v. Collier , 90 N.J. 117 , 122 (1982) ( citing State v. Green , 86 ... turn in its deliberations.” State v. Martin , 119 N.J. 2 , 15 (1990). A portion of a charge alleged to ...

docket:	a-57-01
court:	njsupreme
decided:	2002-06-20
status:
citation:	172 N.J. 374
Document Size:	91109

2991 BECKER V. BARON BROTHERS -- rank: 357

... that the product poses to the public. (pp. 7-9) 2.    The matter before the Court concerns a failure to warn ... On the strength of Beshada v. Johns-Manville Products Corp. , 90 N.J. 191 (1982), the Appellate Division ruled that all ... dust to come off the old parts near his face; (2) through using a wire brush to clean the dust out ... legislation does not guide our decision in this case. See L. 1987, c. 197, § 8 (stating that act applies only to ... even by experts in the field."). However, in Beshada , supra , 90 N.J. 191 , a case involving injuries from exposure to ... products will contract mesothelioma. The court relied on Beshada , supra , 90 N.J. at 209 (stating in case involving asbestos ...

docket:	a-55-93
court:	njsupreme
decided:	1994-11-15
status:
citation:	138 N.J. 145
Document Size:	64260

2992 STATE OF NEW JERSEY v. JAMES CLAUSELL -- rank: 357

... denied the habeas petition. Clausell v. Sherrer , No. 04-3857, 2 006 U.S. Dist. LEXIS 7360 7 (D.N.J ... denied , 562 U.S. 871 , 131 S. Ct. 172 , 178 L. Ed.2d 103 (2010). On July 18, 2011, defendant filed a ... C. § 2253(c). Clausell v. Bonds , No. 15-4066, 2 016 U.S. Dist. LEXIS 1612 5 (D.N.J ... motion in the trial court for an updated presentence report. 2 The court denied the motion on September 8, 2015, reasoning ... to order an updated report pursuant to [ Rule ] 3:21-2 and [ N.J.S.A. ] 2C:44-6." This ...

docket:	a1057-15
court:	NJ Superior Court Appellate Division
decided:	2017-05-30
status:	unpublished
citation:
Document Size:	17707

2993 STATE OF NEW JERSEY v. ERIC BIRTHWRIGHT -- rank: 357

... EARLY RELEASE ACT, WHEN THE CASE IS A GRAVES ACT 2 CASE AB INITIO. B. MISTAKE OF FACTS BY IMPOSING IMMATERIAL ... denied , 540 U.S. 1160 , 124 S. Ct. 1169 , 157 L. Ed.2d 1204 (2004); State v. Messino , 378 N.J. Super ... N.J.S.A. 2C:11-3(a)(1) and (2). He argues that the trial court should have granted his ... sua sponte, is subject to the plain error standard. R. 2:10-2; State v. Wakefield , 190 N.J. 397 , 473 (2007), ...

docket:	a0582-11
court:	NJ Superior Court Appellate Division
decided:	2014-06-16
status:	unpublished
citation:
Document Size:	55330

2994 JOSEPH TOMAINO v. SHELDON BURMAN AND THE MALE SEXUAL DYSFUNCTION INSTITUTE -- rank: 357

... Court of New         Jersey, Law Division, Monmouth County,         Docket No. L-5104-94.         Walter F. Kawalec, III argued the cause for ... we previously found to be excessive, by one cent to $2,999,999.99. We reverse.     Some background is in order ... to plaintiff. Consequently, judgment was entered in the amount of $2.4 million, plus $545,128.73 in pre-judgment interest ... 5963-98T3 (App. Div. December 17, 2001) (slip op. at 2). We did, and declined defendants' invitation to exercise original jurisdiction ... remittitur in the amount already paid to plaintiff See footnote 2 , or in the alternative, a new trial on damages. At ... remitting the $3 million damage amount by one cent to $2,999,999.99.     Inevitably this, defendants' second, appeal follows. ...

docket:	a5436-01
court:	njappellate
decided:	2003-11-20
status:	published
citation:	364 N.J.Super. 224 364 N.J. Super. 224
Document Size:	25886

2995 STATE OF NEW JERSEY v. QUARWEE WALKER -- rank: 357

... JERSEY, Plaintiff-Respondent, v. BRYAN WITHERSPOON, a/k/a BRIAN L. WITHERSPOON, a/k/a JAMAR HERBERT, a/k/a NEIL L. HERBERT, a/k/a BRYAN L. WHITERSPOON, a/k/a BRYAN L. WITHERSPOON, a/k/a BRYAN WITHERSPOON, JR., Defendant-Appellant. _________________________________ December ... with intent to distribute, N.J.S.A. 2C:5-2 (count four). Regarding December 16, Walker and Herbert were charged ... object to those instructions, they must show plain error. R. 2:10-2. Thus, they must show "'[l]egal impropriety ...

docket:	a2528-11
court:	NJ Superior Court Appellate Division
decided:	2013-12-11
status:	unpublished
citation:
Document Size:	48764

2996 RICHARD GREENBERG v. NEW JERSEY STATE POLICE TROOPER NICHOLAS J. PRYSZLAK -- rank: 357

... Court of New Jersey, Law Division, Burlington County, Docket No. L-552-09. Jose W. Hernandez argued the cause for appellant ... Pavone wrote: "Cleaned battery terminals then car would not start 2 times/then only after a jump from other car started ... Boys and claiming OSI was only entitled to $31.02. 2 Plaintiff enclosed a check for $31.02, which was drawn ... Rights Act, N.J.S.A. 10:6-1 to -2. The trial judge determined, for reasons expressed in a written ... U.S. 297, 313, 92 S. Ct. 2125, 2134, 32 L. Ed.2d 752, 764 (1972). This right is so cherished ...

docket:	a5925-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-26
status:	published
citation:	426 N.J. Super. 591 46 A.3d 591
Document Size:	45546

2997 TRINITY CHURCH v. ATKIN OLSHIN LAWSON-BELL, et al. -- rank: 357

... E. BROOKS & ASSOCIATES; E. ALLEN REEVES, INC.; and GALLO MASONRY, L.L.C., Defendants-Respondents, and DIBIASE CONSTRUCTION, INC.; ORTEGA CONSULTING STRUCTURAL ... and F&M ROJAK INSULATION CO., Defendants, and GALLO MASONRY, L.L.C., Defendant/Third-Party Plaintiff-Respondent, v. MARIA ISABEL G ... Respondent. ______________________________________ Argued April 23, 2007 - Decided Before Judges Lintner, S.L. Reisner and C.L. Miniman. On appeal from the Superior Court of New ...

docket:	A3022-05
court:	NJ Superior Court Appellate Division
decided:	2007-06-27
status:	published
citation:	394 N.J. Super. 159 925 A.2d 720
Document Size:	101817

2998 Hudson County Chamber of Commerce, et al. v. City of Jersey City -- rank: 357

... of Commerce, et als. v. City of Jersey City (A-90-97) (NOTE: The Court wrote no full opinion in this ... substantially on the reasons expressed in that opinion. ) Argued February 2, 1998 -- Decided April 9, 1998 PER CURIAM      This appeal involves ... and JUSTICE COLEMAN join.                             SUPREME COURT OF NEW JERSEY                             A- 90 September Term 1997 HUDSON COUNTY CHAMBER OF COMMERCE, HUDSON COUNTY ... Respondents,         v. CITY OF JERSEY CITY,     Defendant-Appellant.         Argued February 2, 1998 -- Decided April 9, 1998 On certification to the Superior ... and JUSTICE COLEMAN join.                                                          SUPREME COURT OF NEW JERSEY                              A- 90 September Term 1997 HUDSON COUNTY CHAMBER OF COMMERCE, HUDSON COUNTY ... order, to extend the sunset provision to December 31, 1999. L. 1996, c. 33, § 1. However, that that amendment does ...

docket:	a-90-97
court:	njsupreme
decided:	1998-04-09
status:
citation:	153 N.J. 254
Document Size:	56675

2999 WILFREDO HERNANDEZ VS REGION NINE HOUSING COPR., ET. AL. -- rank: 357

... IF YOU DECIDE TO SUE, YOU MUST DO SO WITHIN 90 DAYS FROM THE RECEIPT OF THIS NOTICE OF RIGHT TO ... explained plaintiff's right to sue in federal court within 90 days. The plaintiff decided not to sue for damages within 90 days in the United States District Court, but instead brought ... 24, 1994, or 112 days after his receipt of the 90-day notice to sue letter.     Beyond doubt, the Title VII ... d , 479 U.S. 272 , 107 S. Ct. 683 , 93 L. Ed.2d 613 (1986). We are convinced the EEOC's ...

docket:	a2665-94
court:	njappellate
decided:	1996-01-26
status:	published published
citation:	286 N.J.Super. 676
Document Size:	24409

3000 IN THE MATTER OF STORMWATER MANAGEMENT RULES -- rank: 355

... York/New Jersey Baykeeper), and Sierra Club-New Jersey (Carole L. Hendrick of the Pennsylvania bar, admitted pro hac vice, of ... the New Jersey Department of Environmental Protection (DEP) on February 2, 2004, as part of a comprehensive scheme governing stormwater management ... to -99, the Stormwater Management Act (SMA or the Act). L. 1981, c. 32. The Act delegates to the DEP "the ... land's surface . . . ." N.J.A.C. 7:8-1.2. "Stormwater runoff" is "water flow on the surface of the ... and associated pollutants . . . ." N.J.A.C. 7:8-1.2. Under the Act, every municipality in the State must prepare ... J.R. 142 -45 (Feb. 7, 1983). These regulations "establish[ed] minimum requirements and controls to compensate for the differences ...

docket:	A3847-03
court:	NJ Superior Court Appellate Division
decided:	2006-04-12
status:	published
citation:
Document Size:	46373