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3271 /usr/local/share/www/libweb/collections/courts/appellate/a0145-19.opn.html -- rank: 340

... Nos. A-1055-07; A-3147-07 (App. Div. Mar. 2, 2011) (slip op. at 2). Three other co-defendants, Andre Thomas, Kareem Singleton and Tyhir ... Early Release Act, N.J.S.A. 2C:43-7.2. Id. at 1 Because Tyhir Dennis shares the same last ... by his first name to avoid confusion. A-0145-19 2 2. We affirmed defendants' convictions and sentences on direct appeal. Id ... 16 (2004)). Barnes' Appeal — A-0145-19 On November 2, 2006, prior to the start of trial and in ...

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court:	New Jersey Superior Court Appellate Division
decided:
status:
citation:
Document Size:	52957

3272 REGENCY SAVINGS BANK, F.S.B. v. SOUTHGATE CORPORATE OFFICE CENTER, et al. -- rank: 340

... real estate taxes on the property at issue. On May 2, the sheriff again wrote to Regency's attorneys, refusing to ... made manifest to the officer, the officer shall receive 1/2 of the amount of percentage allowed herein in case of ... precedent provide adequate guidance. Sinnickson v. Gale , 16 N.J.L. 21 (Sup. Ct. 1837), is instructive. The issue was whether ... Sturges v. Lackawanna and Western Railroad Co . , 27 N.J.L. 424 (Sup. Ct. 1859), which was not a foreclosure action ... of the property. In BTD-19 9 6 NPC 1 L.L.C. v. 350 Warren L.P. , 170 N.J. ...

docket:	A1757-05
court:	NJ Superior Court Appellate Division
decided:	2006-10-25
status:	published
citation:
Document Size:	52731

3273 TONIA YANSOMAH v. MICHAEL GLITA -- rank: 340

... 31, 2008 - Decided Before Judges C.S. Fisher and C.L. Miniman. On appeal from the Superior Court of New Jersey, Law Division, Essex County, Docket No. L-8329-05. Anthony M. Prieto argued the cause for appellant ... Druckman & Hernandez, attorneys; Zachary Justin Cantor, on the brief). Stephen L. Hopkins argued the cause for respondents (Braff, Harris & Sukoneck, attorneys ... to deliberate or fabricate." N.J.R.E. 803(c)(2). Whether a hearsay statement constitutes an excited utterance turns on ... State v. Long , 173 N.J. 138 , 158 (2002) (quoting 2 McCormick on Evidence § 272, at 204-05 (5th ed. 1999)), "[t]he rationale for the excited utterance exception ...

docket:	a4982-06
court:	njappellate
decided:	2008-04-17
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	39425

3274 LAMMERS V. BD. OF ED. OF PT. PLEASANT -- rank: 340

... term should be given its ordinary meaning. (pp. 3-4) 2.    According to caselaw, the word "vacancy" is commonly understood to ... be given its ordinary meaning. E.g. , Merin v. Maglaki , l 26 N.J. 430 , 434-35 (l992).     In Sayreville Education Ass'n v. Board of Education , l 93 N.J. Super. 424 (l984), the Appellate Division was ... the year pursuant to N.J.S.A. l8A:l6-l.l. To resolve that issue the court had to distinguish between ... in Sayreville found that N.J.S.A. l8A:l6-l.l applied "when the services of a substitute teacher ...

docket:	a-17-93
court:	njsupreme
decided:	1993-12-08
status:
citation:	134 N.J. 264
Document Size:	32049

3275 KEVIN J. AZZARA v. TOWNSHIP OF WATERFORD -- rank: 340

... the Superior Court of New Jersey, Law Division, Camden County, L-10956-05. Todd J. Gelfand argued the cause for appellant ... department or force." N.J.S.A. 52:17B-69.2. The interpretation of this provision is the basis of the ... outset pursuant to N.J.S.A. 52:17B-69.2, and he could not be terminated except for cause after ... plain language of N.J.S.A. 52:17B-69.2 required plaintiff's appointment to be permanent from the outset ... the language of N.J.S.A. 52:17B-69.2, related statutes and legal principles, the purpose of the 1998 ... relevant legislative history. N.J.S.A. 52:17B-69.2 provides: "A person who completes a police training course ...

docket:	A4023-05
court:	NJ Superior Court Appellate Division
decided:	2007-04-20
status:	published
citation:	392 N.J. Super. 322 920 A.2d 725
Document Size:	54892

3276 Robert D. Borteck, Esq. v Riker, Danzig, Scherer, Hyland, & Perretti, LLP -- rank: 340

... capital partner is at least fifty-five years of age; 2) continuation with the firm in an of counsel status after ... law not otherwise tolerated under the rule. (pp. 7-9) 2. Although Jacob and Apfel are helpful in providing a conceptual ... cause for respondent ( Edwards & Angell attorneys; Mr. Novack and Mary L. Moore on the brief). JUSTICE VERNIERO delivered the opinion of ... Partner is at least fifty-five (55) years of age. (2) Continuation with the Firm in an Of Counsel capacity after ... as of right without leave of court. R. 4:42-2(1). In a reported opinion, the Appellate Division affirmed the ... J. 10 , 17 (1992) (citing N.J. Const. art. VI, § 2, ¶ 3). We previously have observed that the RPC s “ ...

docket:	a-31-03
court:	njsupreme
decided:	2004-04-05
status:
citation:	179 N.J. 246
Document Size:	53203

3277 IN THE MATTER OF CITY OF NEWARK, Public Employer- Appellant, et al. -- rank: 340

... appeals, contending: (1) the Commission erred in ordering the election, (2) the Rules of Professional Conduct bar municipal attorneys from joining ... bargaining process." See N.J.A.C. 19:11-1.2(a)(9) (petition for certification shall be accompanied by a ... of the employees. N.J.A.C. 19:11`- 1.2(a)(9). The showing of interest is confidential and may ... furnished to the parties. N.J.A.C. 19:11-2.1. This cloak of secrecy is designed to protect the ... purpose of collective bargaining. N.J.A.C. 19:11-2.1 provides that the Director shall determine the adequacy of ... City heavily relies on RPC 1.7(b) and (c)(2). These rules bar an attorney from representing a client ...

docket:	a6106-99
court:	njappellate
decided:	2002-01-14
status:	published
citation:	346 N.J. Super. 460
Document Size:	39166

3278 STATE OF NEW JERSEY v. THOMAS D\'AMICO -- rank: 340

... Law Division, Union County, Indictment No. 00-06-0676. Alan L. Zegas argued the cause for appellant (Law Offices of Alan L. Zegas, attorneys; Mr. Zegas and Mary Frances Palisano, on the ... aggravating sentencing factors N.J.S.A. 2C:43-7.2, and to a five-year period of parole supervision upon ... AMICO'S CREDIBILITY AS A WITNESS IN HIS OWN DEFENSE. 2. TRIAL COUNSEL FAILED TO PROPERLY ADVISE PETITIONER REGARDING HIS RIGHT ... CERTAIN DEFENSE WITNESSES NOT TO MENTION INTOXICATION WHEN THEY TESTIFIED. 2. TRIAL COUNSEL FAILED TO CALL ANY CHARACTER WITNESSES ON MR ... FAILING TO: (1) ADVISE APPELLANT OF THE FINAL PLEA OFFER, (2) PROPERLY ADVISE APPELLANT OF THE SENTENCING AND PENAL CONSEQUENCES, ...

docket:	a3187-07
court:	superior court appellate division
decided:	2010-05-03
status:	Unpublished
citation:
Document Size:	68133

3279 PEGGY L. STEINHAUSER, RLA v. KZA ENGINEERING, P.A. -- rank: 340

... NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2398-14T4 PEGGY L. STEINHAUSER, RLA, Plaintiff-Appellant, v. KZA ENGINEERING, P.A.; RICHARD ... Court of New Jersey, Law Division, Monmouth County, Docket No. L-4214-11. Michael S. Morris argued the cause for appellant ... was delivered by Fuentes, P.J.A.D. Plaintiff Peggy L. Steinhauser filed a civil action against her former employer KZA ... issue and completion of discovery, defendants moved for summary judgment 2 A-2398-14T4 arguing plaintiff did not establish a prima ... matter of law.' Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co., 224 N.J. 189, 199 (2016) (quoting R. 4:46-2(c)). Our review from the denial or grant of ...

docket:	a2398-14
court:	NJ Superior Court Appellate Division
decided:	2018-05-18
status:	unpublished
citation:
Document Size:	79676

3280 STATE OF NEW JERSEY v. ALIBEK SHAYMARDANOV -- rank: 340

... defendant, assisted by an interpreter, and the arresting officer. At 2:20 a.m. on April 6, 2012, Pennsauken Township Police ... any other questions[, and] became belligerent . . . ." Officer Kern issued Miranda 2 warnings and arrested defendant. At police headquarters, Officer Kern observed ... Vehicle (standard statement), N.J.S.A. 39:4-50.2(e). Defendant demonstrated he understood and agreed to participate and ... J. 318 , 341 (1998); Dolson v. Anastasia , 55 N.J. 2 , 7 (1969); Johnson , supra , 42 N.J. at 161. Moreover ... not be disturbed. Next, we flatly reject as meritless, R. 2:11-3(e)(2), defendant's unsupported suggestion he voluntarily ingested alcohol after ...

docket:	a2653-13
court:	NJ Superior Court Appellate Division
decided:	2015-08-04
status:	unpublished
citation:
Document Size:	35592

3281 STATE OF NEW JERSEY v. JEROME STEPHENS -- rank: 340

... statements were "clearly capable of producing an unjust result[.]" R. 2:10-2; see also R. 1:7-2. The possibility of an unjust result must be "sufficient to ... 268 (1973) (citing McCormick on Evidence § 248, p. 587 (2d ed. 1972)). Nonetheless, when an officer's testimony becomes more specific ... U.S. 284 , 294, 93 S. Ct. 1038 , 1045, 35 L. Ed.2d 297 , 308 (1973)), cert. denied , 540 U.S. ...

docket:	a0610-06
court:	NJ Superior Court Appellate Division
decided:	2008-04-07
status:	published
citation:
Document Size:	51164

3282 J.A v. A.T -- rank: 340

... Arons & Solomon, attorneys for respondent (Marion B. Solomon and Patricia L. Burris, on the brief). The opinion of the court was ... plaintiff's divorce complaint and dismiss plaintiff's custody petition; (2) the January 15, 2008 order denying her motion for registration ... 3) the February 13, 2008 order directing her to pay $2,500 in counsel fees to plaintiff's attorney and $900 ... of the expert's trial preparation fee, but otherwise affirm. 2 Plaintiff and defendant, who are originally from Greece, are both ... and stated that all other issues between the parties "remain[ed] unresolved and subject to adjudication of this Court." On December ... statutory factors, set forth in N.J.S.A. 9:2-4(c), which guide courts in custody determinations, and ...

docket:	a3003-07
court:	NJ Superior Court Appellate Division
decided:	2008-12-11
status:	published
citation:	404 N.J.Super. 132 960 A.2d 795
Document Size:	70595

3283 CHARLES SACHS v. JEFFERSON LOAN COMPANY -- rank: 337

... Court of New Jersey, Law Division, Hudson County, Docket No. L-1414-07. Michael S. Miller argued the cause for appellants ... plaintiffs, which is detailed in our two prior unpublished opinions. 2 I. The issues in the present appeal exclusively concern plaintiffs ... Jefferson. The judgment was recorded as a lien on July 2, 2009. Plaintiffs have since pursued two avenues of potential recovery ... 1) a levy upon proceeds held by Pressler and Pressler, L.L.P. ("the Pressler firm"), a law firm retained to collect sums owed to Jefferson by third parties; and (2) a levy upon Jefferson's bank account at Valley ...

docket:	a2897-09
court:	superior court appellate division
decided:	2010-12-21
status:	unpublished
citation:
Document Size:	32180

3284 ERICK A. RALDA DELEON v. GRACO INC -- rank: 337

... DELEON, Plaintiff-Appellant, v. GRACO INC., Defendant-Respondent. ____________________________________ Argued March 2, 2011 – Decided July 7, 2011 Before Judges Cuff, Sapp ... Superior Court of New Jersey, Law Division, Essex County, Docket L-6321-06. Mark J. Cintron argued the cause for appellant ... Cintron, on the brief). Scott M. Rusert (Flynn, Gaskins & Bennett, L.L.P.) of the Minnesota Bar, admitted pro hac vice, argued ... in place: (1) the spray gun had to be pressurized; (2) the trigger had to be squeezed; and (3) the nozzle ... a conscious step in order to operate the spray gun; (2) providing a positive and secure means of assuring the ...

docket:	a1341-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-02
status:	unpublished
citation:
Document Size:	50401

3285 JAMES KIERNAN v. JAYSON S. WILLIAMS -- rank: 337

... Court of New Jersey, Law Division, Hunterdon County, Docket No. L-527-03. Charles J. Sciarra, attorney for appellant/cross-respondent ... dismissal of the complaint on the pleadings, Rule 4:6-2(e), or in the alternative, summary judgment, Rule 4:46-2; and for the award of sanctions under the frivolous litigation ... was involved in a racial bias incident sometime early [19]90, . . . and that he was suspended for that incident." The motion ... PROTECTION OF THE LITIGATION PRIVILEGE. A. UNDER R. 4:6-2(e), APPELLANT IS ENTITLED TO EVERY REASONABLE INFERENCE OF FACT ... sanctions, nor the sufficiency thereof. On a Rule 4:6-2(e) motion to dismiss a complaint for failure to ...

docket:	A0605-04
court:	NJ Superior Court Appellate Division
decided:	2006-08-23
status:	unpublished
citation:
Document Size:	77619