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3136 JOSEPH SELOBYT v. KEOUGH-DWYER CORRECTIONAL FACILITY OF SUSSEX COUNTY -- rank: 347

... as an action in lieu of prerogative writs. See footnote 2 Consequently, we transfer the matter to the Law Division and ... of any rule promulgated by such agency or officer . . . ." R. 2:2-3(a)(2). The general rule is that "every proceeding to review the ... cert. denied , 357 U.S. 928 , 78 S. Ct. 1373 , 2 L. Ed.2d 1371 (1958). However, "every proceeding to review ...

docket:	a6615-02
court:	njappellate
decided:	2005-02-10
status:	published
citation:	375 N.J. Super. 91
Document Size:	25050

3137 AMERICO ARZOLA v. CIVIL SERVICE COMMISSION -- rank: 347

... Raymond C. Staub argued the cause for appellant (Destribats Campbell, L.L.C., attorneys; Mr. Staub, on the brief). Lisa Dorio Ruch ... approached the room monitor, Sabrina Williams, a monitor in training, 2 with his answer sheet in his hand, and advised her ... was barred from lifting the glass and touching the sheets; (2) Arzola did lift the glass and remove his answers; (3 ... limitation provisions set forth in N.J.S.A. 11:2-13 and N.J.A.C. 4A:2-2.5(d). Article XII of the CNA states " ...

docket:	a1461-10
court:	NJ Superior Court Appellate Division
decided:	2012-08-24
status:	unpublished
citation:
Document Size:	46342

3138 STATE OF NEW JERSEY v. BLANE E. FLOYD -- rank: 347

... 476 U.S. 207 , 213, 106 S. Ct. 1809 , 1812, 90 L. Ed.2d 210 , 216 (1986). Whether curtilage in any given situation ... U.S. 294 , 301, 107 S. Ct. 1134 , 1139, 94 L. Ed.2d 326 , 334-35 (1987). "'[T]he curtilage concept has ... U.S. 128 , 143, 99 S. Ct. 421 , 430, 58 L. Ed.2d 387 , 400-01 (1978)). In short, we ...

docket:	a6116-02
court:	njappellate
decided:	2006-07-26
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	51924

3139 IN THE MATTER OF ANDREW BLAIR -- rank: 347

... of the facts and unique procedural history of this appeal. 2 Appellant worked at DHS as a Habilitation Plan Coordinator. During ... contact with patients but is in the building with them . . . [.] (2) [Appellant] pled guilty to a simple assault. (3) [Appellant], his ... has successfully been discharged from his probationary sentence on August 2, 2010. Other correspondence in support of appellant's reinstatement argued ... 2009, including appellant's completion of his probation on August 2, 2010. This appeal followed. On appeal, appellant asserts: POINT I ... TO CONSIDER "ANY EVIDENCE OF REHABILITATION," REGARDING [APPELLANT'S] REHABILITATION. 2. THE COMMISSIONER'S APPLICATION OF N.J.S.A. 30 ... APPLICATION OF N.J.S.A. 30:4-3.5b(2) TO [APPELLANT'S] REHABILITATION IS UNREASONABLE. 6. THE COMMISSIONER' ...

docket:	a2029-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-08
status:	unpublished
citation:
Document Size:	50806

3140 JOSEPH DARE et al. v. FREEFALL ADVENTURES, INC., et al. -- rank: 347

... Court of New Jersey, Law Division, Gloucester County, Docket No. L-1390-97.         Stephen Cristal argued the cause for Joseph and ... to establish a prima facie case of negligence. See footnote 2 2 It also dismissed Freefall's counterclaim in which it demanded ... and damages arising out of my participation in parachuting activities.         2.    I further agree that I WILL NOT SUE OR MAKE ... result of my participation in parachuting activities . . . . Page 4 provided:          2. EXEMPTION FROM LIABILITY. [Plaintiff] . . . releases [Freefall] . . . from any and all ... regulate sport parachuting . . . ." N.J.A.C. 16:58-1.2. The pertinent rules require participants to meet various training ...

docket:	A2629-00
court:	NJ Superior Court Appellate Division
decided:	2002-03-21
status:	published
citation:	349 N.J. Super. 205 793 A.2d 125
Document Size:	49269

3141 /usr/local/share/www/libweb/collections/courts/appellate/a2891-17.opn.html -- rank: 347

... Early Release Act, N.J.S.A. 2C:43-7.2. During the nine-day trial, the State presented the testimony ... Defendant's Right of Confrontation Was Violated. A-2891-17T1 2 B. Putting Highly Prejudicial and Incriminating Hearsay Statements before the ... V to warrant extended discussion in a written opinion, R. 2:11-3(e)(2), beyond the comments that follow. We focus instead on points ... 2891-17T1 6 who implicated themselves, one another, and Beagell 2 in the incident. Police also questioned Michelle Flowers, the mother ... chief. Defendant testified on his own behalf and recanted his 2 Beagell was arrested two weeks later. Torres, slip op. ...

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3142 MATTHEW J. PLATKIN v. SMITH WESSON SALES CO., -- rank: 347

... comply with a subpoena issued by plaintiffs Gurbir S. Grewal, 2 Attorney General of the State of New Jersey, and Kaitlin ... Inc., will be referred to as defendant throughout this opinion. 2 Mr. Grewal is no longer the attorney general. Andrew J ... of New Jersey Division of Consumer Affairs. A-3292-20 2 On appeal, defendant argues the trial court erred when it ... Alabama, 357 U.S. 449 (1958). A-3292-20 3 2. all documents concerning any test, study, analysis, or evaluation considered ... no further' than three 'exceptional circumstances': (1) 'state criminal prosecutions'; (2) 'civil enforcement proceedings'; and (3) 'civil proceedings involving certain orders ... res judicata. Smith & Wesson Brands, Inc. v. Grewal, No. 20cv19047, 2 022 WL 17959579, at *5 (D.N.J. Dec. ...

docket:	a3292-20
court:	NJ Superior Court Appellate Division
decided:	2023-01-26
status:	Published
citation:
Document Size:	54156

3143 STATE OF NEW JERSEY v. SIMONE LINDSEY -- rank: 347

... JERSEY, Plaintiff-Respondent, v. SIMONE LINDSEY, a/k/a SIMONE L. LINDSEY, SIMONE L. JACKSON, SIMONE L. SIMMONS, and SIMONE JACKSON, Defendant-Appellant. ________________________ Submitted April 19, 2023 – Decided May 2, 2023 Before Judges Mayer and Enright. On appeal from the ... murder, N.J.S.A. 2C:11-3(a)(1), (2) (count one); first-degree aggravated manslaughter, N.J.S.A ... also stated Lenyse was 'not well cared for and need[ed] further evaluation and hospital admission.' Despite the instruction defendant ...

docket:	a2940-20
court:	NJ Superior Court Appellate Division
decided:	2023-05-02
status:	Unpublished
citation:
Document Size:	21021

3144 Roy Steinberg, Ph.D. v. Sahara Sam’s Oasis, LLC -- rank: 347

... and the precautions he should have taken to avoid injury. 2 In February 2009 , one month before the FlowRider opened to ... in a common-law cause of action. (pp. 18-21) 2. Certain regulations promulgated under the Safety Act are intended to ... for proceedings consistent with this opinion. CHIEF JUSTICE RABNER; JUSTICES L a Vecchia , PATTERSON, FERNANDEZ-VINA, and SOLOMON; and JUDGE CUFF ... Sahara Sam’s. 1 Plaintiff’s wife, Tami Bogutz-Steinberg, 2 filed a consortium claim. Both are seeking monetary damages. Sahara ... material fact on his claim of gross negligence. See R. 2:2-1(a)(2). We also granted plaintiff’s petition ...

docket:	a-41-14
court:	New Jersey Supreme Court
decided:	2016-08-23
status:
citation:
Document Size:	84462

3145 STATE OF NEW JERSEY v. JAMES J. GALLICHIO -- rank: 347

... Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant argues: POINT I THE FAILURE TO CHARGE THE PURPOSEFUL ... took money from East Brunswick gas station employee, K.F. 2 K.F. testified that, at approximately 8:00 p.m ... jury are essential for a fair trial.'" State v. Collier , 90 N.J. 117 , 122 (1982) (quoting State v. Green , 86 ... v. Burns , 192 N.J. 312 , 341 (2007) (citing R. 2:10-2; State v. Torres , 183 N.J. 554 , 564 (2005)). With ... regard to a jury charge, plain error requires demonstration of "[l]egal impropriety in the charge prejudicially affecting the substantial ...

docket:	a0589-13
court:	NJ Superior Court Appellate Division
decided:	2016-10-06
status:	unpublished
citation:
Document Size:	34904

3146 LAURA ZULUAGA v. ALTICE USA -- rank: 347

... Court of New Jersey, Law Division, Middlesex County, Docket No. L-6240-21. Richard M. Schall argued the cause for appellant ... conflict of laws.' The agreement states that A-2265-21 2 all disputes, claims, complaints, or controversies . . . that I now have ... expressed 'an interest in her' and claims that he 'watch[ed] her in a way that made her uncomfortable.' Plaintiff claims ... Sexual Assault and Sexual Harassment Act of 2021 (EFAA), Pub. L. 117-90, 136 Stat. 26, signed into law by President Biden on ... to claims that accrued prior to March 3, 2022; and (2) if so, does the federal preemption of N.J. ...

docket:	a2265-21
court:	NJ Superior Court Appellate Division
decided:	2022-11-29
status:	Unpublished
citation:
Document Size:	30500

3147 STATE OF NEW JERSEY v. TINA LUNNEY -- rank: 347

... J.S.A. 2C:11-3(a)(1) and (a)(2) (count one); fourth-degree unlawful possession of a weapon (a ... supervision upon release. N.J.S.A. 2C:43-7.2. Defendant contends the judge erred by not suppressing her statement ... not handcuffed, nor had she been advised of her Miranda 2 rights. Cammarata recalled that Prachar asked defendant whether she wanted ... denied , 519 U.S. 1021 , 117 S. Ct. 540 , 136 L. Ed.2d 424 (1996). "Relevant factors include the defendant's age ... Div. 1987), aff'd o.b. , 224 N.J. Super. 90 (App. Div. 1988). However, the circumstances in Flower do ...

docket:	a0774-13
court:	NJ Superior Court Appellate Division
decided:	2016-04-21
status:	unpublished
citation:
Document Size:	87514

3148 STATE OF NEW JERSEY v. BASILIS STEPHANATOS -- rank: 347

... widespread injury or damage, N.J.S.A. 2C:17-2(c), and from his sentence to three-years non-custodial ... A 'PERSON' TO WHOM N.J.S.A. 2C:17-2 APPLIED IN ITS DEFINITION OF THE NUMBER OF 'PEOPLE' TO ... DENIAL OF DEFENDANT'S SPEEDY TRIAL MOTION WAS CLEARLY ERRONEOUS. 2 A-3443-18 In a Pro Se Supplemental Brief he ... WRIT ENTERED ON MAY 13, 2011 . . . WAS VOID AB INITIO. 2. THE TRIAL COURT DID NOT MAKE SUFFICIENT FINDINGS IN SUPPORT ... 3 A-3443-18 EVALUATING THE PROFFERED TESTIMONY OF [DEFENDANT]. 2. THE TRIAL COURT COMMITTED REVERSIBLE ERROR IN FAILING TO COMPARE ... TO COLLATERALLY ATTACK THE JUDGMENT OF FORECLOSURE AND ASSOCIATED ORDERS. 2. THIS CASE FALLS WITHIN AN EXCEPTION TO THE COLLATERAL ...

docket:	a3443-18
court:	NJ Superior Court Appellate Division
decided:	2022-02-23
status:	Unpublished
citation:
Document Size:	50805

3149 SALVATORE DEL PRIORE v. EDISON TOWNSHIP -- rank: 347

... Court of New Jersey, Law Division, Middlesex County, Docket No. L-0172-12. Scott A. Gorman argued the cause for appellant ... veteran who in a letter from the VA dated June 2, 2005 was determined to be totally and permanently disabled effective ... his total and permanent disability. In that request, they document-ed twelve other veterans who had received tax refunds retroactive to ... 570.98) than had been refunded to plaintiff ($9,581.90), and the rest receiving less. Since the filing of this ... Pillo , 15 N.J. 99 , 103 (1954); Curtis v. Joyce , 90 N.J.L. 47 , 48 (Sup. Ct. 1917), aff'd o.b. , ...

docket:	a4447-11
court:	NJ Superior Court Appellate Division
decided:	2013-05-22
status:	unpublished
citation:
Document Size:	32720

3150 STATE OF NEW JERSEY v. SHALEKE A. FISHER -- rank: 347

... for second-degree eluding, N.J.S.A. 2C:29-2(b). Defendant was sentenced to seven years imprisonment. For the ... was introduced at trial. On March 16, 2011, at approximately 2:30 a.m., Officer Stanley Pearson of the Scotch Plains ... station. Detective Mark Hampton testified he read defendant his Miranda 2 rights, which defendant waived; defendant then gave a statement admitting ... COURT ERRED IN DENYING DEFENDANT'S MOTION FOR ACQUITTAL. POINT 2: THE TRIAL COURT ERRED BY PERMITTING DEFENDANT'S PRETRIAL STATEMENT ... N.J. at 459). N.J.S.A. 2C:29-2(b), in relevant part, provides: Any person, while operating a ... high probability of their existence." N.J.S.A. 2C:2-2b(2). Thus, a person may be found guilty ...

docket:	a5485-11
court:	New Jersey Superior Court Appellate Division
decided:	2014-07-21
status:	Published
citation:
Document Size:	35779