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3226 I/M/O ALLEGED VIOLATION OF LAW BY VALLEY ROAD SEWERAGE -- rank: 342

... operating authority be revoked, effective upon appointment of a receiver, (2) the Schindelars be barred from owning, operating or managing any ... the approval of the BPU and the court.     On December 2, 1994, the Chancery Division issued an order to show cause ... contend (1) the administrative agency's factual findings were erroneous, (2) the BPU was not empowered to compel the sale of ... claim (1) they were entitled to a de novo hearing, (2) the court lacked the authority to appoint a custodial receiver ... also A. A. Mastrangelo, Inc. v. Department of Envtl. Protection , 90 N.J. 666 , 683-84 (1982); In re Health Care ... denied , 449 U.S. 944 , 101 S.Ct. 342 , 66 L.Ed.2d 208 (1980).     We turn to appellants' claim ...

docket:	a5944-94
court:	njappellate
decided:	1996-11-08
status:	published
citation:	295 N.J.Super. 278
Document Size:	28428

3227 STATE OF NEW JERSEY v. LAQUAN ALLEN -- rank: 342

... denied , 508 U.S . 947, 113 S. Ct . 2433, 124 L. Ed .2d 653 (1993). Although a prosecutor has a duty to ... U.S . 78, 88, 55 S. Ct . 629, 633, 79 L. Ed .2d 1314, 1321 (1935)). Prosecutorial misconduct may be ground for ... 459 (1967)(citing State v. Fiorello , 36 N.J. 80 , 90-91 (1961), cert. denied , 368 U.S. 967 , 82 S. Ct. 439 , 7 L. Ed.2d 396 (1962)). We apply this same standard ...

docket:	A3987-03
court:	NJ Superior Court Appellate Division
decided:	2006-04-04
status:	unpublished
citation:
Document Size:	72061

3228 Brodsky v. Grinnell Haulers, Inc. -- rank: 342

... tortfeasors for the amount he has overpaid. (Pp. 6 – 7). 2. Neither the plain language of the Act nor the legislative ... the plain meaning of the words of the statute. Nat’l Waste Recycling, Inc. v. Middlesex County Improvement Auth. , 150 N ... environmental tort action involving an insolvent defendant. See footnote 1 L. 1995, c. 140, § 2 (amending N.J.S.A. 2A:15-5.3d. In ... U.S. 73 , 80, 122 S. Ct. 2045 , 2049, 153 L. Ed.2d 82 (2002); Allstate Ins. Co. v. Malec , 104 ...

docket:	a-46-03
court:	njsupreme
decided:	2004-08-10
status:
citation:	181 N.J. 102
Document Size:	85518

3229 RAYMOND TOPPING et al. v. JAMS ASSOCIATES and GERALD J. HELFRICH, ESQ. -- rank: 342

... the Superior Court of New Jersey, Law Division, Bergen County, L-171-03. Dennis J. Cummins, Jr., argued the cause for ... complaint against Zebrowski was dismissed for lack of personal jurisdiction; (2) summary judgment was granted in favor of the individual partners ... Co. , 513 U.S. 1183 , 115 S. Ct. 1175 , 130 L.Ed.2d 1128 (1995); Lebel v. Everglades Marina, Inc. , 115 N ... U.S. 186 , 204, 97 S. Ct. 2569 , 2579, 53 L. Ed.2d 683 , 698 (1977)). We must examine the defendant' ...

docket:	A1659-04
court:	NJ Superior Court Appellate Division
decided:	2006-09-29
status:	unpublished
citation:
Document Size:	71765

3230 STATE OF NEW JERSEY v. D.M.A -- rank: 342

... aggravated sexual assault, N.J.S.A. 2C:43-7.2 on count two, a four-year consecutive term of imprisonment ... Thomas Rich spoke with A.A. and Q.B. from 2 p.m. to 7:30 p.m. He noticed A ... review defendant's challenges under the plain error standard. R. 2:10-2. To find plain error in respect of the court's ... J. 526 , 538 (1969), cert. denied , 399 U.S. 930 , 90 S. Ct. 2254 , 26 L. Ed.2d 797 (1970). Q.B.'s testimony was ...

docket:	a3931-06
court:	NJ Superior Court Appellate Division
decided:	2009-10-20
status:	unpublished
citation:
Document Size:	50956

3231 STATE OF NEW JERSEY v. HELEN STEEL -- rank: 342

... Division, Burlington County, Municipal Appeal No. 9-12. Flynn & Associates, L.L.C., attorneys for appellant (Richard M. Flynn, on the brief ... Robert D. Bernardi, Burlington County Prosecutor, attorney for respondent (Bethany L. Deal, Assistant Prosecutor, of counsel and on the brief). PER ... for shoplifting, N.J.S.A. 2C:20-11(b)(2), a disorderly persons offense. Defendant contends, among other arguments, that ... she did not consent to the downgrading of her charge, (2) because she was denied due process by the rejection of ... degree shoplifting, N.J.S.A. 2C:20-11(b)(2), which was subsequently downgraded by the prosecutor to a ...

docket:	a1283-12
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	24028

3232 State of New Jersey in the Interest of S.G. -- rank: 342

... only one exception that is inapplicable here. (Pp. 7- 9) 2. In criminal matters, special vigilance is required because an attorney ... of New Jersey ( Mr. Sarubbi , attorney; Nevan Soumilas and Jack L. Weinberg , Assistant Prosecutors, on the briefs). Saul J. Steinberg argued ... Law: Conflicts of Interest in the Legal Profession , 94 Harv. L. Rev. 1244 (1981); see also In re Kamp , 40 N ... not adversely affect the relationship with the other client; and (2) secures the consent of both clients, after full disclosure. RPC ... concept that “[n]o man can serve two masters,” Raymond L. Wise, Legal Ethics 272-73 (1970), and, it has been ... bestowing it. [ In re Loring , 73 N.J. 282 , 289-90 (1977) (quoting Stockton v. Ford , 52 U.S. (11 ...

docket:	a-107-01
court:	njsupreme
decided:	2003-01-27
status:
citation:	175 N.J. 132
Document Size:	34563

3233 STATE OF NEW JERSEY v. JAMES J. REVIE -- rank: 342

... would impair his performance of the walk-and-turn test; 2) he failed to instruct defendant to look at his feet ... to the alleged sentencing error, Judge Ironson found defendant "fail[ed] to consider that . . . [he] has already received the benefit of ... denied , 498 U.S. 967 , 111 S. Ct. 429 , 112 L. Ed.2d 413 (1990), that conviction was not considered for purposes ... of "not less than 48 consecutive hours . . . nor more than 90 days . . . ." N.J.S.A. 39:4-50 (a)(2). For a third or subsequent offense, the statute requires ...

docket:	a3187-11
court:	NJ Superior Court Appellate Division
decided:	2013-04-18
status:	unpublished
citation:
Document Size:	35832

3234 State v. Scott E. Schnabel -- rank: 342

... Rape Shield Law, N.J.S.A. 2C:14-7. 2 In 1995 , Scott Schnabel, defendant, began dating Mary Doe (because ... in 1987. Defendant and Mary ended their relationship in 1998. 2 In 1999 , when she was twelve years old, Cindy began ... case. He described the five sequences of CSAAS: (1) secrecy; (2) helplessness; (3) entrapment, coercion, or accommodation; (4) delayed or unconvincing ... admission of prior sexual abuse is appropriate. (Pp. 13-16) 2. The Court must determine whether the evidence sought to be ... case. He described the five sequences of CSAAS: (1) secrecy; (2) helplessness; (3) entrapment, coercion, or accommodation; (4) delayed or unconvincing ... denied , 540 U.S. 1160 , 124 S. Ct. 1169 , 157 L. Ed.2d 1204 (2004). The Rape Shield Law is ...

docket:	a-13-07
court:
decided:	2008-07-29
status:
citation:	196 N.J. 116
Document Size:	64176

3235 STATE OF NEW JERSEY v. THOMAS YOUNG -- rank: 342

... JERSEY, Plaintiff-Respondent, v. THOMAS YOUNG, a/k/a THOMAS L. YOUNG, Defendant-Appellant. __________________________________ Argued March 2, 2010 - Decided June 17, 2010 Before Judges Wefing, Grall and ... attorney; Mr. Pugliese, of counsel and on the brief). Luanh L. Lloyd, Assistant Prosecutor, argued the cause for respondent (Robert D ... conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:39-4a. Tried to ... extended-term sentence, N.J.S.A. 2C:43-7.2. Defendant has appealed his conviction and sentence. After reviewing the ... Arizona , 384 U.S. 436 , 86 S. Ct. 1602 , 16 L. Ed.2d 694 (1966), and questioned him about the ...

docket:	a1022-08
court:	superior court appellate division
decided:	2010-06-17
status:	unpublished
citation:
Document Size:	52545

3236 STATE OF NEW JERSEY v. WILLIAM J. THOMAS -- rank: 342

... appreciate 1 Miller v. Alabama, 567 U.S. 460 (2012). 2 A-4368-19 risks and consequences, and whether he has ... knowing murder, N.J.S.A. 2C:11-3(a)(2) (counts two and three). On February 1, 1982, defendant entered a non vult plea 2 to the murder counts. On February 19, 1982, defendant was sentenced to concurrent life 2 Under the then-existing statutory scheme, a defendant was not ... denial: (1) the 'facts and circumstances of the offense;' and (2) defendant exhibited insufficient problem resolution and lack of insight into ... that from January 1, 2019, to December 31, 2019, over 90 percent of the 445 inmates who were sentenced to ...

docket:	a4368-19
court:	NJ Superior Court Appellate Division
decided:	2022-01-19
status:	Published
citation:
Document Size:	87891

3237 THE ESTATE OF FRANK CHABORA, JR. v. RAUL MORALES -- rank: 342

... Law Division, Bergen County, Docket No. LT-006567-18. Roberta L. Tarkan argued the cause for appellant. Douglas M. Standriff argued ... ENTER A JUDGMENT OF POSSESSION. POINT TWO A-1427-18T3 2 AN ASSIGNMENT MAY HAVE TAKEN PLACE SINCE THERE WAS NO ... indicated that Morales was 'habitually late in paying the rent[.]'2 In contrast, Morales believed his occupancy of the garage was ... found . . . in her father's house' after his death. The 2 According to Munn, the December 2017 and January 2018 rents ... for Morales' testimony to verify the documents. The judge 'accept[ed] . . . that there was a lease between Tobar and [Frank,]' and ... facts are not entitled to any special deference.' Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. ...

docket:	a1427-18
court:	NJ Superior Court Appellate Division
decided:	2020-02-07
status:	Unpublished
citation:
Document Size:	31286

3238 State v. Thomas G. Zeidell -- rank: 342

... special purposes of the particular provision involved. (pp. 8-9) 2. Based on the structure and legislative history of the Code ... appeals as of right because of the dissent below. R. 2:2-1(a)(2). We reverse and hold that the specific intent to victimize ... taken from the Model Penal Code Tentative No. 4 (1953). 2 Final Report , supra , commentary to § 2C:14-4, at 200 ... 1992) (citing Leigh Bienen, Rape II , 3 Women's Rts. L. Rep. 90 (1977)). The Philadelphia Center for Rape Concern ...

docket:	a-97-97
court:	njsupreme
decided:	1998-06-04
status:
citation:	154 N.J. 417
Document Size:	58332

3239 DOMINIQUE DEMARQUET v. MAYOR FELIX ROQUE -- rank: 342

... Court of New Jersey, Law Division, Hudson County, Docket No. L-4820-13. Louis A. Zayas argued the cause for appellant ... Act (CRA), N.J.S.A. 10:6-1 to -2. Plaintiff also appeals from an order denying her motion to ... denying plaintiff's motion to strike the Mayor's answer, 2 A-1251-15T3 the order granting the Mayor a protective ... motion to compel Herrera's deposition. Discovery closed on July 2, 2015. The trial court denied plaintiff's motion in an ... that the discovery end date had been extended to July 2, 2015, so that all depositions could be taken before that ... plaintiff had not filed a motion to extend that July 2, 2015 end date. In August 2015, following the close ...

docket:	a1251-15
court:	NJ Superior Court Appellate Division
decided:	2017-10-03
status:	unpublished
citation:
Document Size:	76683

3240 KAUSHIK MITTRA VS UNIVERSITY OF MEDICINE & DENTISTRY OF NEW JERSEY & ET ALS -- rank: 342

... to (1) permit remediation of a D or F grade, (2) place the student on academic probation, (3) issue an academic ... that the "student's overall academic or professional performance warrant[ed] dismissal or when the student's completion of failed courses ... of Univ. of Mo. v. Horowitz , 435 U.S. 78 , 90, 98 S.Ct. 948 , 955, 55 L.Ed.2d 124 , 135 (1978). A graduate or professional school is ... ability to master the required curriculum. Id. at 85 n.2, 98 S.Ct. at 953 n.2, 55 L. ...

docket:	a0475-97
court:	njappellate
decided:	1998-11-06
status:	published
citation:	316 N.J.Super. 83
Document Size:	27541