Search Rutgers Law Library N.J. Court Opinions

3436 ELLEN FRANCEY V. BD OF EDUCATION OF CITY OF SALEM -- rank: 327

... of Manchester, Ocean County v. Raubinger , 78 N.J. Super. 90 , 99-100 (App. Div. 1963).      N.J.S.A. 18A ... conditions...." Webster's Third New International Dictionary Unabridged 1858 (3d ed. 1981). It is, moreover, well evident that possession of the ... v. Board of Educ. of West Orange , 1 989 S.L.D. 3057 , 3062; Bodine v. Board of Educ. of Burlington, Burlington County , 1 989 S.L.D. 1053 , 1058, aff'd by State Bd. of Educ. , 1 989 S.L.D. 1064 . It is, further, by now clear that "qualified ... E. Sutton, Use of "Shall" in Statutes , 4 J. Marshall L.Q. 204 (1938), reprinted in 2 Sutherland , Statutory Construction , ...

docket:	a625-94
court:	njappellate
decided:	1996-01-09
status:	published
citation:	286 N.J.Super. 354
Document Size:	18577

3437 /usr/local/share/www/libweb/collections/courts/appellate/a4439-11a4705-11a4713-11redacted.opn.html -- rank: 327

... Court of New Jersey, Law Division, Middlesex County, Docket Nos. L-3208-07 and L-3380-09. Joseph P. LaSala and Richard J. Williams, Jr ... respondent Willis North America, Inc. in A-4713-11 (K&L Gates, LLP, attorneys; Anthony P. La Rocco, of counsel; Ms ... issues raised on appeal in the parties' twenty-three briefs. 2 I. We derive the following pertinent facts from the evidence ... leading up to and on the day of the accident.] 2. The Ladder's Impact with Decedent At approximately 3:45 ... between Hugo Neu and, respectively, S&B and Femco ; and (2) dismissed claims against S&B, except that it required ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	119961

3438 GEORGE CASTANO v. WENDELL D. AUGUSTINE -- rank: 327

... Court of New Jersey, Law Division, Union County, Docket No. L-0137-20. Mark N. Keddis argued the cause for appellants ... the opinion as driving while intoxicated, DWI. A-3925-21 2 The motion record reveals that plaintiff was driving his motorcycle ... 2019. He had been to three different bars since approximately 2:00 p.m. the day before, drinking some beers or ... serious dispute.' Finding that 'genuine issues of material fact exist[ed],' the judge reasoned defendants were not entitled to summary judgment ... is reviewed de novo, subject to the Rule 4:46-2 standard that governs a . . . ruling on a summary judgment motion ... 213 N.J. 463, 477–78 (2013); R. 4:46-2(c)). That standard requires us to 'determine whether 'the ...

docket:	a3925-21
court:	NJ Superior Court Appellate Division
decided:	2023-03-06
status:	Published
citation:
Document Size:	29448

3439 SALEM MANAGEMENT COMPANY v. ZUFENG LEI -- rank: 327

... of New Jersey, Law Division, Civil Part, Warren County, WRN-L-92-04 and DC-1212-04 (consolidated). Wolf, Block, Schorr ... Specifically, the pertinent provisions of the Ordinance [are]: Section 173-2: Determination of rent. Limitations on rent increases. Establishments of rents ... not suffer an increase in any one year greater than 2.8 percent per annum. Section 177-3: Prohibited rental increases ... Gardens, a large apartment complex which consists of more than 90 percent of the rental units in Lopatcong Township. Certain rental ... Control Ordinances pursuant to N.J.S.A. 40:48-2. N.J.S.A. 40:48-2 grants municipalities the power to adopt ordinances that promote ...

docket:	a5981-04
court:	njappellate
decided:	2006-08-21
status:	published
citation:	*CITE_PENDING*
Document Size:	68300

3440 PHILLIP PALMER v. DEPARTMENT OF CORRECTIONS -- rank: 327

... 2010 – Decided: Before Judges R.B. Coleman and C.L. Miniman. On appeal from a Final Decision of the New ... has always been very specific, with a[n] 85% to 90% accuracy rate." On January 22, 2009, the date on which ... phone. That request was transmitted the following day to Administrator L. Glover, who denied the request on January 23, 2009. The ... weapon found was over 12" long. The blade was sharpen[ed] & could pose a life & death situation for other inmates & staff ... a violation of N.J.A.C. 10A:4-9.2 in that his counsel substitute was not permitted reasonable time ... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984); State v. Fritz , 105 ...

docket:	a3925-08
court:	superior court appellate division
decided:	2010-10-08
status:	unpublished
citation:
Document Size:	24374

3441 COOPER RIVER PLAZA EAST, LLC v. THE BRIAD GROUP -- rank: 327

... C-94-01.         Braverman Kaskey & Caprara attorneys         for appellant (David L. Braverman and         Ryan J. Durkin, on the brief).         Wolf, Block ... 5, which were to be consolidated by deed. See footnote 2 2 In accordance with that plan, the restaurant itself would replace ... that property. The complaint was served on Briad on August 2.     Construction on the restaurant, which had commenced on June 13 ... 206 , 215 (1976); Steiger v. Lenoci , 352 N.J. Super. 90 , 95 (App. Div. 2002). This rule exists, not only because ... constitutes a contract right. See Assisted Living Assocs. of Moorestown, L.L.P. v. Moorestown Tp. , 31 F.Supp.2d ...

docket:	A3048-01
court:	NJ Superior Court Appellate Division
decided:	2003-04-30
status:	published
citation:	359 N.J. Super. 518 820 A.2d 690
Document Size:	37640

3442 IN THE MATTER OF CHARLES NEWSOME -- rank: 327

... January 8, 2007 - Decided February 7, 2007 Before Judges S.L. Reisner and C.L. Miniman. On appeal from a Final Administrative Action of the ... Manpower Pool at Northern State Prison. His shift ran from 2:00 p.m. to 10:00 p.m. Near the ... he acknowledges his disciplinary lapses convinces the undersigned that a 90 day suspension will ensure against further lapses of personal discipline ... applications, the Board noted that " N.J.A.C. 4A:2-1.6(b) sets forth the standards by which the ... was erroneous and the Board's earlier adoption of the 90-day suspension in lieu of removal constituted a material ...

docket:	A1313-05
court:	NJ Superior Court Appellate Division
decided:	2007-02-07
status:	unpublished
citation:
Document Size:	46337

3443 STATE OF NEW JERSEY VS. GABRIEL MERCADO -- rank: 327

... her. She rejected his advances. He sent A-0600-21 2 her a message on social media expressing thoughts of self ... second-degree aggravated assault, N.J.S.A. 2C:12-l(b)(l) (count two); fourth-degree unlawful possession of a weapon, N ... third-degree aggravated assault, N.J.S.A. 2C:12-l(b)(2) (count five); third-degree hindering apprehension, N.J.S.A ... Release Act (NERA), N.J.S.A. 2C:43-7.2. The court sentenced defendant on the hindering conviction to ...

docket:	a0600-21
court:	appellate
decided:	2024-03-27
status:	Unpublished
citation:
Document Size:	44394

3444 JAMES SMITH v. NEW JERSEY STATE PAROLE BOARD -- rank: 327

... m]edium risk of reoffending." A 2004 evaluation indicated a "[l]ow/moderate risk of reoffending." The 2011 evaluation noted: "The ... to be a low to medium risk for future violence." 2 In May 2011, a two-person panel denied parole. It ... U.S. 1, 10, 99 S. Ct. 2100, 2105, 60 L. Ed. 2d 668, 677 (1979)). "To a greater degree than is ... N.J. 113 (1969), cert. denied , 398 U.S. 938, 90 S. Ct. 1841, 26 L. Ed. 2d 270 (1970). We do not share the ...

docket:	a2772-11
court:	NJ Superior Court Appellate Division
decided:	2013-03-11
status:
citation:
Document Size:	24701

3445 IN THE MATTER OF BOARD OF FIRE COMMISSIONERS, FIRE DISTRICT NO.1 -- rank: 327

... Monroe Township (Apruzzese, McDermott, Mastro & Murphy, P.C., attorneys; James L. Plosia, Jr., of counsel and on the brief; Mr. Cohen ... of Firefighters, Local 3170 (Law Offices of Daniel J. Zirrith, L.L.C., attorneys; Mr. Zirrith, of counsel and on the brief ... firefighters in retaliation for charges brought by Local 3170, and (2) concluding that its proffered reason, i.e., to cut costs ... a substantial or motivating factor in terminating the paid firefighters; (2) PERC erroneously substituted its judgment for that of the Board ... necessary for the employer's affirmative defense to be sustained." 2 Ibid. (citation and internal quotation marks omitted). Here, the ...

docket:	a0765-14
court:	NJ Superior Court Appellate Division
decided:	2015-12-08
status:	published
citation:	443 N.J.Super. 158 128 A.3d 189
Document Size:	63594

3446 STATE OF NEW JERSEY v. CECILIA X. CHEN -- rank: 327

... parts A and B of defendant's argument for clarity. 2 A-3816-15T1 We incorporate herein the facts set forth ... Early Release Act, N.J.S.A. 2C:43-7.2. We directed the trial court to conduct a hearing on ... of defendant from 4 A-3816-15T1 her personal website.2 The neighbor also identified defendant as the attacker from a ... spoliation of the evidence. She also argued that her appellate 2 The reliability of the victim's identification following these actions ... in a February 16, 2016 written opinion. First, Judge Ronald L. Reisner determined that 'defendant's arguments regarding spoliation of evidence ... not reasonably have been raised in any prior proceeding; or (2) that enforcement of the bar . . . would result in fundamental ...

docket:	a3816-15
court:	NJ Superior Court Appellate Division
decided:	2018-09-06
status:	Unpublished
citation:
Document Size:	20426

3447 STATE OF NEW JERSEY v. ANTONIO J. PRATTS -- rank: 327

... PINGNALO, Defendant-Appellant. __________________________________ Submitted March 5, 2014 – Decided June 2, 2014 Before Judges Sapp-Peterson and Hoffman. On appeal from ... two); second-degree burglary, N.J.S.A. 2C:18-2 (count three); fourth-degree unlawful possession of a weapon, N ... merit to warrant extensive discussion in a written opinion. R. 2:11-3(e)(2). We affirm substantially for the reasons expressed by Judge Baker ... Washington , 466 U.S. 668 , 104 S. Ct. 2052 , 80 L. Ed.2d 674 (1984), and adopted by our Supreme Court ...

docket:	a0860-12
court:	NJ Superior Court Appellate Division
decided:	2014-05-05
status:	unpublished
citation:
Document Size:	20580

3448 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. I.B. -- rank: 327

... however, have consented to his participation in the decision. R. 2:13-2(b). On appeal from Superior Court of New Jersey, Chancery ... 554 (1993), in which the Supreme Court rejected the use 2 A-2114-12T2 of Child Sexual Abuse Accommodation Syndrome evidence ... of sexual abuse against his five-year-old daughter, Rose,2 by calling her into the bathroom at their home and ... marital discord pre-dating the allegation of sexual abuse. Defendant 2 We use a fictitious name to protect the child's ... denied, 498 U.S. 1046, 111 S. Ct. 752, 112 L. Ed. 2d 772 (1991)). We held the 'corroborative evidence ...

docket:	a2114-12
court:	NJ Superior Court Appellate Division
decided:	2015-08-11
status:	published
citation:	441 N.J.Super. 585 120 A.3d 268
Document Size:	37557

3449 LLOYD SHERMAN v. BOARD OF REVIEW DEPARTMENT OF LABOR and AERO MANUFACTURING CO INC -- rank: 327

... a telephonic hearing before the Appeal Tribunal, which on July 2, 2009, affirmed the deputy's determination that Sherman was ineligible ... denied , 522 U.S. 1111 , 118 S. Ct. 1043 , 140 L. Ed.2d 108 (1998). "'In reviewing the factual findings made in ... conclusions, then we must uphold them. Clowes v. Terminix Int'l, Inc. , 109 N.J. 575 , 588 (1988). At the time ... it would be best for everybody (inaudible-voice cut out). 2 Unfortunately, my wife had passed away two years before and ... case in Domenico , supra , 192 N.J. Super. at 288-90. The record supports the Board's conclusion that Sherman ...

docket:	a1596-09
court:	superior court trial
decided:	2011-01-18
status:	unpublished
citation:
Document Size:	20863

3450 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. P.H. -- rank: 327

... C., Defendant. __________________________________ IN THE MATTER OF THE GUARDIANSHIP OF B.L.H., a minor. __________________________________ March 26, 2013 Submitted February 5, 2013 ... Chancery Division, Family Part, Monmouth County, Docket No. FG-13-90-09. Joseph E. Krakora, Public Defender, attorney for appellant (Eric ... E. Krakora, Public Defender, Law Guardian, attorney for minor B.L.H. (Phyllis G. Warren, Assistant Deputy Public Defender, on the brief). PER CURIAM Defendant P.H. (Penny) 2 appeals from a July 2011 order terminating her parental rights to her daughter B.L.H. (Bonnie), then almost nine years old. Bonnie's father ... or will continue to be endangered by the parental relationship; (2) The parent is unwilling or unable to eliminate the ...

docket:	a0231-11
court:	NJ Superior Court Appellate Division
decided:	2013-03-26
status:	unpublished
citation:
Document Size:	45435