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3361 STATE OF NEW JERSEY v. VERNON RANDOLPH -- rank: 335

... U.S. 668 , 685, 104 S. Ct. 2052 , 2063, 80 L. Ed.2d 674 , 692 (1984). "'[T]he right to counsel is ... counsel.'" Id. at 686, 104 S. Ct. at 2063, 80 L. Ed. 2d at 692 (quoting McMann v. Richardson , 397 U.S. 759 , 771 n.14, 90 S. Ct. 1441 , 1449, 25 L. Ed.2d 763 , 773 (1970)). New Jersey has adopted ...

docket:	a3146-07
court:	NJ Superior Court Appellate Division
decided:	2009-03-30
status:	unpublished
citation:
Document Size:	25956

3362 IN THE MATTER OF WALTER ZAPOLUCH -- rank: 335

... He was also charged under N.J.A.C. 4A:2-2.3(a), which provides that "[a]n employee may be ... Office on three occasions asking to speak to a supervisor. 2. Sgt. Zapoluch inappropriately instructed Officer Matos to apprise Ms. Mohabil ... denied , 449 U.S 983 , 101 S. Ct. 400 , 66 L. Ed.2d 245 (1980). The burden of showing the agency's ... showing that (1) the agency did not follow the law; (2) the decision was arbitrary, capricious, or unreasonable; or (3) ...

docket:	a1125-10
court:	NJ Superior Court Appellate Division
decided:	2012-02-16
status:	unpublished
citation:
Document Size:	30312

3363 STATE OF NEW JERSEY v. LINFORD LINTON -- rank: 335

... to deliberate or fabricate." N.J.R.E. 803(c)(2). In deciding whether a statement is admissible as an excited ... N.J. 78 (1969), cert. denied , 397 U.S. 1057 , 90 S. Ct. 1405 , 25 L. Ed.2d 675 (1970). The judge must find that the declarant ... of the event and the subsequent declaration of the statement; (2) the circumstances of the event; (3) the mental or physical ... caused by the event." N.J.R.E. 803(c)(2). In our view, defendant's description of Black's ...

docket:	A0457-04
court:	NJ Superior Court Appellate Division
decided:	2007-11-09
status:	unpublished
citation:
Document Size:	94363

3364 /usr/local/share/www/libweb/collections/courts/appellate/a4765-17.opn.html -- rank: 335

... Court of New Jersey, Law Division, Camden County, Docket No. L-0673-17. Drew K. Kapur argued the cause for appellant ... commonly referred to as Black Horse Pike. A-4765-17T2 2 Prior to the events giving rise to the inverse condemnation ... plaintiff's property provided access to and from Route 168.2 The access to Route 168 was authorized by a DOT ... of the proposed access changes and provided a plan showing 2 The driveway intersected with Route 168 just north of the ... obtained an easement on AAH's property. The easement 'consist[ed] of the permanent, nonexclusive right of ingress and egress for ... summary judgment motion. Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co. of Pittsburgh, 224 A-4765- ...

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3365 STATE OF NEW JERSEY VS. STEVEN FORTIN -- rank: 335

... accelerated appeals in this capital murder case, pursuant to R. 2:2-4 we granted defendant's motions for leave to appeal ... denied , 516 U.S. 1129 , 116 S.Ct. 949 , 133 L.Ed.2d 873 (1996)).     Thus, the trial judge's decision is ... a function reserved exclusively to the jury. State v. Collier, 90 N.J. 117 (1982). Hence, an expert's testimony that ... contained in State v. Berry , 140 N.J. 280 , 289-90 (1995), for admission of expert testimony: (1)    the intended ...

docket:	a7560-97
court:	njappellate
decided:	1999-03-01
status:	published
citation:	318 N.J.Super. 557
Document Size:	49021

3366 INTERVINE OUTDOOR ADVERTISING INC V. CITY OF GLOUCESTER CITY ZONING BD. OF ADJUSTMENT AND CITY OF GLOUCESTER CITY -- rank: 335

... GLOUCESTER CITY,     Defendants-Respondents. ________________________________________     Argued March 26, 1996 - Decided May 2, 1996     Before Judges Michels, Villanueva, and Kimmelman.     On appeal from ... be located approximately 30 feet above the bridge roadway, approximately 90 feet above the ground, and approximately 30 feet from the ... feet in size. [Gloucester City, N.J., Ordinance 81 (April 2, 1987).]     Thus, noncommercial signs and billboards conveying a political message ... U.S. 312 , 321, 108 S. Ct. 1157 , 1164, 99 L. Ed.2d 333 , 344-45 (1988); Whitton v. City of Gladstone ... U.S. 748 , 771, 96 S. Ct. 1817 , 1830, 48 L. Ed.2d 346 , 363-64 (1976); Whitton , supra , 54 ...

docket:	a5193-94
court:	njappellate
decided:	1996-05-02
status:	published
citation:	290 N.J.Super. 78
Document Size:	22864

3367 STATE OF NEW JERSEY v. GEORGE TSOULLIS, JR -- rank: 335

... Cozzi, Senior Assistant Prosecutor, argued the cause for appellant (John L. Molinelli, Bergen County Prosecutor, attorney; Ms. Cozzi, on the briefs ... as required by State v. Chun , 194 N.J. 54, 90 (2008). The municipal court denied defendant’s application for a ... a conditional plea of guilty, pursuant to Rule 7:6-2(c), admitting that he drove while impaired by alcohol under ... pursuant to N.J.S.A. 39:4-50(a)(2), to $757 in fines, $33 in court costs, a $50 ... Such a dismissal would be appealable by the State. R. 2:3-1. Because a guilty plea had been entered, the ... Maryland , 373 U.S. 73 , 83 S. Ct. 1194 , 10 L. Ed 2 d 215 (1963). The judge framed the ...

docket:	a5679-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-07
status:	unpublished
citation:
Document Size:	19021

3368 State of New Jersey v. Wayne E. Chapland -- rank: 335

... July 13, 2006, LaVECCHIA, J., writing for a unanimous Court. 2 On February 11 , 2003, Chenalle Lee was walking home when ... simulation of the possession of such a weapon. (p. 12) 2. Four key appellate decisions in this State have examined records ... 2006 On certification to the Superior Court, Appellate Division. James L. McConnell , Assistant Prosecutor, argued the cause for appellant ( Wayne J ... him as if he had a weapon. And -- and gestur[ed] like he had a weapon. Officer Hebbon added that no ... 1] threatened the immediate use of a deadly weapon but [2] it must also prove beyond a reasonable doubt that the ... the defendant committed the crime of robbery and was not 2 armed with a deadly weapon, or used or threatened ...

docket:	a-62-05
court:
decided:	2006-07-13
status:
citation:	*CITE_PENDING*
Document Size:	92752

3369 WILLIAM FELDMAN v. BOARD OF EDUCATION OF THE TOWNSHIP OF BRANCHBURG -- rank: 335

... REBECCA GENSEL, Respondent/Intervenor- Respondent. __________________________________ February 27, 2013 Argued October 2, 2012 - Decided Before Judges Ostrer and Kennedy. On appeal from ... 4(c); see also N.J.S.A. 18A:26-2. A provisional certificate may be issued to a principal only ... teaching staff members"); Spiewak v. Bd. of Educ. of Rutherford , 90 N.J. 63, 74 (1982). A tenured principal can only ... of Administrator Training, acknowledged in a letter to John Hrevnack, Ed.D., the District's Superintendent, that the District had "provisionally ... including Feldman's certificate of eligibility, a "Statement of Assurance," 2 and his mentor's identification form and resume. Levy stated ... decision, and the case was transmitted to OAL on May 2, 2011. The principal who was hired in May 2005 ...

docket:	a2736-11
court:	NJ Superior Court Appellate Division
decided:	2013-02-27
status:	unpublished
citation:
Document Size:	41573

3370 County of Hudson v. Department of Corrections County of Camden v. Verniero -- rank: 335

... State comply with N.J.A.C. 10:19-4.2(d), which requires the transfer of state-sentenced juveniles to ... county facilities to State juvenile detention facilities. (pp. 4-5). 2. In 1995, the Legislature established the Juvenile Justice Commission (JJC ... appellants ( Peter Verniero , Attorney General of New Jersey, attorney; Joseph L. Yannotti , Assistant Attorney General, of counsel; Ms. Barreto and Donald ... day removal regulation, N.J.A.C. 10:19-4.2(d). The regulation provides as follows:         A juvenile who receives ... day transfer regulation, N.J.A.C. 10:19-4.2(d), which, as noted, the DOC had promulgated in 1991 ... have dealt continuously with that serious situation. See , e.g. , L . 1994, c. 12 (declaring prison overcrowding an emergency and ...

docket:	a-60-97
court:	njsupreme
decided:	1997-12-10
status:
citation:	152 N.J. 60
Document Size:	38233

3371 In the Matter of the License of Andrew T. Fanelli, D.O. -- rank: 335

... commitment to procedural fairness in administrative proceedings. (Pp. 10-12) 2. In accordance with the APA, a plenary hearing is required ... 2002 On certification to the Superior Court, Appellate Division. Jonathan L. Goldstein argued the cause for appellant, Andrew T. Fanelli, D ... a)(13)(A); Treas. Reg. § 1.401 (a)-13(d)(2). The record indicates that Mrs. Fanelli’s withdrawals depleted virtually ... 29 U.S.C.A. § 1104(a)(1); 1105(a)(2).     In December 1998, Fanelli pled guilty in the United States ... by (1) submitting a written request for modification or dismissal; (2) setting forth in writing any and all reasons why the ... Similarly, in In re Revocation of the License of Polk , 90 N.J. 550 , 579-80 (1982), we found that ...

docket:	a-68-01
court:	njsupreme
decided:	2002-08-13
status:
citation:	174 N.J. 165
Document Size:	49194

3372 IN THE MATTER OF THE TENURE HEARING OF SUSAN PAREZO -- rank: 335

... Chiesa, Attorney General, attorney for respondent Commissioner of Education (Angela L. Velez, Deputy Attorney General, on the statement in lieu of ... had been standing in front of her." The child, Michael 2 , was seven years old. Appellant also reported to the principal ... appellant] caused the student [Michael] to be humiliated and embarrassed. (2) Unbecoming conduct: That on or about June 14, 2010, [appellant ... J. Racing Comm'n , 202 N.J. Super. 484 , 489-90 (App. Div.), certif. denied , 102 N.J. 337 (1985). When ... a rather extensive case management conference that occurred on March 2, 2011, approximately one month before the hearing began. The ALJ ... n.3, 129 S. Ct. 2527 , 2534 n.3, 174 L. Ed.2d 314 , at 323 n.3 (2009). Our ...

docket:	a1442-11
court:	NJ Superior Court Appellate Division
decided:	2013-08-28
status:	unpublished
citation:
Document Size:	50285

3373 In the Matter of Steven P. Perskie, a Former Judge -- rank: 335

... does the "preponderance of the evidence" standard. (pp. 20-22) 2. Respondent admitted that his Senate Judiciary Committee testimony presented inaccurate ... on behalf of the Advisory Committee on Judicial Conduct. Frank L. Corrado argued the cause for respondent ( Barry, Corrado, Grassi & Gibson ... individual named Frank Siracusa, a witness in the case; and (2) that Respondent inappropriately appeared in the back of another judgeâ ... judicial disqualification are designed to prevent. Cf . In re Sciuto , 2 003 N.J. Lexis 1132 (2003) (adopting ACJC’s Presentment ... Judiciary is sacrosanct and without limit. See Canons 1 and 2 of the Code of Judicial Conduct . By personally appearing and ... the case. We remind Respondent that the Commentary to Canon 2 warns that judges “must expect to be the ...

docket:	d-75-10
court:	superior court trial
decided:	2011-08-01
status:
citation:	207 N.J. 275 24 A.3d 277
Document Size:	92109

3374 I.K.M., INC v. LAW OFFICE OF JOHN D. KOSYLO -- rank: 335

... Court of New Jersey, Law Division, Gloucester County, Docket No. L- 1724-14. Peter A. Ouda, attorney for appellant. Gregory Charles ... reasoning in granting the summary judgment motion. A-5072-17T2 2 In June 2014, Kosylo attempted to have the breach of ... plaintiff filed a malpractice complaint against Kosylo, alleging he 'deviat[ed] from accepted standards of practice' by failing 'to communicate to ... In his statement of material facts, see R. 4:46-2(a), which was unsupported by any certification, Kosylo asserted that ... the Ravases acknowledged executing the agreement on plaintiff's behalf. 2 Thereafter, upon contacting the Ethics Board for advice, Kosylo moved ... case' so that they could 'have gone to another attorney.' 2 Kosylo submitted a certification dated January 16, 2017, prepared ...

docket:	a5072-17
court:	NJ Superior Court Appellate Division
decided:	2019-10-18
status:	Unpublished
citation:
Document Size:	20486

3375 STATE OF NEW JERSEY v. NAEEM MITCHELL -- rank: 335

... Paula T. Dow, Essex County Prosecutor, attorney for respondent (Hilary L. Brunell, Executive Assistant Prosecutor, on the brief). PER CURIAM In ... convictions are without sufficient merit to warrant extended discussion. R. 2:11-3(e)(2). However, we remand for the entry of a corrected judgment ... instructions 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). Because defendant's present arguments were not presented ... reviewed them under the plain error standard of review. R. 2:10-2. Under that standard, defendant must show "legal ...

docket:	a3605-07
court:	superior court appellate division
decided:	2010-08-20
status:	unpublished
citation:
Document Size:	35858