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3676 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE SUCCESSOR IN INTEREST TO BANK OF AMERICA N.A. v. MORRIS BAYONNE ASSOCIATES I, LLC -- rank: 309

... Appellants, and STATE OF NEW JERSEY, Defendant. __________________________________________ Argued telephonically December 2, 2014 –Decided September 9, 2015 Before Judges Sabatino and ... or order as a matter of law." R. 4:46-2(c). "An issue of fact is genuine only if, considering ... N.J.S.A. 12A:3-301. Deutsche Bank Nat'l Trust Co. v. Mitchell , 422 N.J. Super. 214 , 222 ... supra , 422 N.J. Super. at 224-25 (citation omitted). 2 In order for a person "other than the one to ... Bryan A. Garner, Black's Law Dictionary at 88 (9th ed. 2009). An indorsement is a signature "made on an instrument ... otherwise provided in this rule and by R. 4:46-2(b), setting forth specific facts showing that there is ...

docket:	a2279-13
court:	NJ Superior Court Appellate Division
decided:	2015-09-09
status:	unpublished
citation:
Document Size:	43512

3677 STATE OF NEW JERSEY v. KIMBERLY REINERTSEN -- rank: 309

... JERSEY, Plaintiff-Respondent, v. KIMBERLY REINERTSEN, Defendant-Appellant. _________________________________________________________ Argued June 2, 2010 - Decided July 20, 2010 Before Judges Messano and LeWinn ... Dyanne Lluch, Assistant Prosecutor, argued the cause for respondent (John L. Molinelli, Bergen County Prosecutor, attorney; Ms. Lluch, of counsel and ... vehicle was stopped on the shoulder of Route 80 at 2:00 a.m., and in making the inquiries he made ... her car on the shoulder of an interstate highway at 2:00 a.m. She admitted that she was driving the ... when three conditions are met: (1) the Breathalyzer operates properly; (2) the test was administered by a qualified operator; and (3 ... clear and convincing'" evidence. Romano , supra , 96 N.J. at 90. (a) Defendant claims that the "foundational proofs" to admit ...

docket:	a0713-09
court:	superior court appellate division
decided:	2010-07-20
status:	unpublished
citation:
Document Size:	57902

3678 KEITH WILLIAMS v. RAYMOURS FURNITURE CO INC -- rank: 309

... is de novo. Sentinel Ins. Co. v. Earthworks Landscape Constr., L.L.C. , 421 N.J. Super. 480, 485-86 (App. Div ... state's compensation act: (1) Place where the injury occurred; (2) Place of making the contract; (3) Place where the employment ... s Workers' Compensation Law § 142.01 (Matthew Bender, Rev. Ed. 2016).] Larson has long expressed the view "that the state ... has a substantial interest," Williams , supra , 175 N.J. at 90, our courts have found jurisdiction where New Jersey is the ... was hired or the employment contract formed, Gotkin v. Weinberg , 2 N.J. 305 , 307 (1949); Rivera v. Green Giant ...

docket:	a3450-15
court:	NJ Superior Court Appellate Division
decided:	2017-04-19
status:	published
citation:	449 N.J.Super. 559 159 A.3d 903
Document Size:	19808

3679 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. T.D. -- rank: 309

... Chancery Division, Family Part, Middlesex County, Docket No. FG-12-90-10. Joseph E. Krakora, Public Defender, attorney for appellant T ... Michael). She argues the Division of Youth and Family Services 2 (Division) did not prove the four prongs of the termination ... the first prong because she never directly harmed her children; (2) the second prong because she was capable of eliminating any ... S. 645 , 651-52, 92 S. Ct. 1208 , 1212, 31 L. Ed.2d 551 , 558-59 (1972)). However, the constitutional protection surrounding ... or will continue to be endangered by the parental relationship; (2) The parent is unwilling or unable to eliminate the ...

docket:	a4814-10
court:	NJ Superior Court Appellate Division
decided:	2013-05-16
status:	unpublished
citation:
Document Size:	43369

3680 STATE OF NEW JERSEY v. MARKEES PRUITT -- rank: 309

... A. Pickering, Assistant Prosecutor, argued the cause for respondent (Robert L. Taylor, Cape May County Prosecutor, attorney; Ms. Pickering, of counsel ... S. 79 , 96-98, 106 S. Ct. 1712 , 1723-24, 90 L. Ed.2d 69 , 87-89 (1986). The judge denied the request ... of the members of the identified group from the venire; (2) that the prosecutor used a disproportionate number of his or ... his non-discriminatory reason for the challenge. [ Id. at 264.] 2 Since the original trial judge was no longer sitting ...

docket:	a5716-12
court:	NJ Superior Court Appellate Division
decided:	2014-11-12
status:	published
citation:	438 N.J.Super. 337 103 A.3d 800
Document Size:	24178

3681 IN THE MATTER OF THE CIVIL COMMITMENT OF W.R. -- rank: 309

... second-degree sexual assault, N.J.S.A. 2C:14-2(b). The matter was downgraded to simple assault, N.J ... second-degree sexual assault, N.J.S.A. 2C:14-2(b). The charge was downgraded to harassment, N.J.S ... second-degree sexual assault, N.J.S.A. 2C:14-2(b). Appellant was sentenced to four years in prison and ... the individual has been convicted of a sexually violent offense; (2) that he suffers from a mental abnormality or personality disorder ... denied , 562 U.S. 1297 , 131 S. Ct. 1702 , 179 L. Ed.2d 635 (2011). Here, Dr. Kunz and Dr. Canataro ...

docket:	a2593-12
court:	NJ Superior Court Appellate Division
decided:	2015-08-18
status:	unpublished
citation:
Document Size:	28758

3682 AALIYAH N. ALVARADO v. J & J SNACK FOODS CORP. -- rank: 309

... 2007 - Decided: Before Judges A.A. Rodríguez, Collester and C.L. Miniman. On appeal from the Department of Labor, Division of ... brief). The opinion of the court was delivered by C.L. MINIMAN, J.A.D. Petitioner Aaliyah Nicole Alvarado appeals from ... v. Alsan Masons, Inc. , 122 N.J. Super. 88 , 89-90 (App. Div.), aff'd o.b. , 62 N.J. 581 ... Haberberger v. Myer , 4 N.J. 116 , 121 (1950) (citing L. 1911, c. 95). Various amendments starting in 1913 made allowance ... for the Legislature, the Court enforced the statute, observing that "[l]awyers who accept employment under statutes regulating the allowance of ... of attorney fees with eleventh-hour offers to pay benefits. L. 1952, c. 318, § 1. We considered the Haberberger decision ...

docket:	A2915-06
court:	NJ Superior Court Appellate Division
decided:	2008-01-08
status:	published
citation:	397 N.J.Super. 418
Document Size:	81443

3683 S.P. V. COLLIER HIGH SCHOOL, ET ALS -- rank: 309

... started talking ... as friends," although plaintiff denied that they "fool[ed] around ... verbally." The friendship was limited to the time spent ... neither defend herself nor "take it any more." See footnote 2 Bock said that he would meet with C. again "and ... a Notice of Tort Claim was not filed within a 90-day time period following [S.P.]'s 18th birthday. However ... opinion is "not entitled to any special deference," Manalapan Realty, L.P. v. Township Committee of Manalapan , 140 N.J. 366 ... or order as a matter of law." R. 4:46-2(c); Brill v. Guardian Life Insurance Company of America , 142 ... 197-98. According to the State, "if a plaintiff fail[ed] to perfect his claim against the State by having ...

docket:	a6590-96
court:	njappellate
decided:	1999-03-11
status:	published
citation:	319 N.J.Super. 452
Document Size:	49452

3684 PETER & PATRICIA CAPUTA VS LEONARD ANTILES, M.D. -- rank: 309

... him that if the stone is four millimeters or less, 90 percent of the time it passes spontaneously, so I'm ... and x-rays. Plaintiff went to the doctor on June 2, and the stent was successfully removed on June 5, 1990 ... that a stone of less than four millimeters has a 90" percent chance to pass without intervention. The text stated that ... intervention were: 1) a stone for six to seven days; 2) a stone having problems getting down and not easily passed ... longer. He also refuted Campbell's statistics. He believed the 90" figure related to those cases that are not treated at all, but that more than 90" of the stones are not allowed to pass because ...

docket:	a7029-94
court:	njappellate
decided:	1996-12-24
status:	published
citation:	296 N.J.Super. 123
Document Size:	36971

3685 IN RE CAFRA PERMIT NO. 87-0959-5 ISSUED TO GATEWAY ASSOCIATES -- rank: 309

... things: (1) fourteen major non-casino hotels (4,013 rooms); (2) a day care center and other commercial-type facilities including ... the project's impact on redevelopment in Atlantic City, and (2) showed (a) that the project's intercept parking component was ... waters," N.J.A.C. 7.7E-3.24(a)(2), consisting of "that portion lying upland of wetlands and beaches ... Gateway's CAFRA permit covering construction of (1) an interim 2,138-space casino employee parking lot, followed by a 4,000-space permanent employee parking area, (2) eight hotels, (3) 40,000 square feet of day care ... met here, at the Gateway site. The new commitment for 2,000 interim parking spaces and 4,000 total satisfies ...

docket:	a3868-93
court:	njappellate
decided:	1996-05-21
status:	published
citation:	290 N.J.Super. 498
Document Size:	47338

3686 MAPLE SHADE EQUITIES, LLC v. NEW JERSEY DEPARTMENT OF TRANSPORTATION -- rank: 309

... Maple Shade's April 10, 2016 application. A-3709-19 2 along the sides of the property: one provided open access ... during morning and evening peak hours, the DOT 'strongly recommend[ed]' that Maple Shade add an auxiliary '100[-]f[oo]t ... proposed site plan); see also N.J.S.A. 7-90(c), (e), and (g). Conversely, Catherine stated he opposed widening ... or unreasonable.' Melnyk v. Bd. of Educ. of Delsea Reg'l High Sch. Dist., 241 N.J. 31, 40 (2020). Our ... legislative policies, that is, did the agency follow the law; (2) whether the record contains substantial evidence to support the findings ... health, safety and welfare,' N.J.S.A. 27:7-90(e), and 'subordinate to the public's right and ...

docket:	a3709-19
court:	NJ Superior Court Appellate Division
decided:	2021-11-17
status:	Unpublished
citation:
Document Size:	25026

3687 STATE OF NEW JERSEY v. RONALD WESNER -- rank: 309

... Deputy Public Defender, of counsel and on the brief). Joseph L. Bocchini, Jr., Mercer County Prosecutor, attorney for respondent (Dorothy Hersh ... and within one thousand feet of the Alfred Reed School. 2. Evidence seized from the home of the defendant was maintained ... CONST. (1947), ART. 1, ¶ 1 (Partially Raised Below). See footnote 2     We are not persuaded by this contention. We are mindful ... U.S. 506 , 510, 115 S. Ct. 2310 , 2313, 132 L. Ed.2d 444 -449 (1995) (citation omitted). No matter how compelling ... against a defendant in a criminal case. State v. Collier , 90 N.J. 117 , 122 (1982); see also United States ...

docket:	A0934-02
court:	NJ Superior Court Appellate Division
decided:	2004-10-27
status:	published
citation:	372 N.J. Super. 489 859 A.2d 734
Document Size:	17742

3688 FELICIA PUGLIESE v. STATE-OPERATED SCHOOL DISTRICT OF THE CITY OF NEWARK, ESSEX COUNTY -- rank: 309

... for each school year, and acquired tenure in this position. 2 A-2196-16T1 In the 2010-2011 and 2011-2012 ... 6) (recodified at N.J.A.C. 6A:9- 9.2(a)(6)). 3 A-2196-16T1 (PIP), which allowed her ... that version to be credible.' Local No. 153, Office & Prof'l Emps. Int'l Union, AFL-CIO v. Tr. Co. of N.J., 105 ... local board with its obligation to afford the teacher the 90-day correction period constitutes an absolute prerequisite to its right ... is identical to the issue decided in the prior proceeding; (2) the issue was actually litigated in the prior proceeding; ( ...

docket:	a2196-16
court:	NJ Superior Court Appellate Division
decided:	2018-08-28
status:	Unpublished
citation:
Document Size:	43101

3689 STATE OF NEW JERSEY v. ROGER HOYTE -- rank: 309

... murder, N.J.S.A. 2C:11-3a(1) and (2); three counts of first-degree carjacking, N.J.S.A. 2C:15-2; three counts of first-degree robbery, N.J.S.A ... of second-degree conspiracy, N.J.S.A. 2C:5-2; one count of third-degree burglary, N.J.S.A. 2C:18-2; one count of third-degree theft, N.J.S.A ... J.S.A. 2C:11-3b, with a minimum of 90 years of parole ineligibility. Defendant appealed, and we affirmed. The ... 5785-97T4 (App. Div. Mar. 31, 2000) (slip op. at 2).] We went on to note that defendant confessed to ...

docket:	a3033-08
court:	NJ Superior Court Appellate Division
decided:	2011-03-09
status:	unpublished
citation:
Document Size:	31640

3690 STATE OF NEW JERSEY v. RASHEED ROSS -- rank: 309

... at 459 (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)); see also State v. Spivey , 179 N ... to prove that: (1) the substance in evidence is cocaine; (2) defendant possessed, or had the cocaine under his control; (3 ... to prove that: (1) the substance in evidence is cocaine; (2) defendant possessed or had the cocaine under his control; (3 ... that: (1) defendant was at least 18 years of age; (2) defendant used, solicited, directed, hired or employed a juvenile ...

docket:	a3075-06
court:	NJ Superior Court Appellate Division
decided:	2008-12-18
status:	unpublished
citation:
Document Size:	55347