Search Rutgers Law Library N.J. Court Opinions

3691 POLICEMAN'S BENEVOLENT ASSOCIATION, LOCAL 124 v. TOWNSHIP OF MIDDLETOWN -- rank: 309

... Court of New Jersey, Law Division, Monmouth County, Docket No. L-4343-09. Mets Schiro & McGovern, LLP, attorneys for appellant (Kevin ... at the rate of time-and-one-half (1 1/2). This shall include officers responding to their own complaints, as ... U.S. 593 , 597, 80 S. Ct. 1358 , 1361, 4 L. Ed.2d 1424 , 1428 (1960); Cnty. College of Morris Staff Assoc ... 100 N.J. at 391-92; Belardinelli v. Werner Cont'l., Inc. , 128 N.J. Super. 1 , 7 (App. Div. 1974 ... a pre-condition to the payment of overtime. The PBA 2 does not challenge that part of the arbitrator's ...

docket:	a3741-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-06
status:	unpublished
citation:
Document Size:	35500

3692 DEBORAH TOLEDO v. FOODARAMA SUPERMARKETS -- rank: 309

... She returned to work. Toledo was subsequently treated by Teddy L. Atik, M.D., at Monmouth Medical Center, who eventually recommended ... another release on May 24, 2005; a procedure on August 2, 2005, for the "right thumb, index finger, ring finger, pinkie ... of trial, Toledo described the shape of her hand as "[l]ike a lobster claw." She wore a brace to protect ... the 2002 and 2004 accidents: (1) she experienced "77 1/2% of partial total [impairment] due to residuals of multiple stenosing tenosynovitis of the right hand" requiring multiple surgeries; (2) she had "57 1/2% [impairment] to the right hand due to residuals of ...

docket:	a2354-12
court:	NJ Superior Court Appellate Division
decided:	2014-08-04
status:	unpublished
citation:
Document Size:	38696

3693 IN THE MATTER OF THE ESTATE OF MICHAEL D. FISHER II -- rank: 309

... 2002 order. Fisher agreed to pay Nees $85 per week 2 in child support for Michael, with the payments to be ... not entitled to any special deference" on appeal. Manalapan Realty, L.P. v. Twp. Comm. , 140 N.J. 366 , 378 (1995 ... she was a minor by: (1) "willfully forsaking the decedent"; (2) "failing to care for and keep the control and custody ... N.J.S.A. 3B:5-14.1(b)(1), ( L. 2009, c. 43), the Legislature simply replaced its "shorthand" reference ... aff'd , 326 U.S. 404 , 66 S. Ct. 193 , 90 L. Ed. 165 (1945)). Here, the terms "abandoned" and "willfully ...

docket:	a0878-14
court:	NJ Superior Court Appellate Division
decided:	2015-12-11
status:	published
citation:	443 N.J.Super. 180 128 A.3d 203
Document Size:	68584

3694 Pamela O’Donnell v. New Jersey Turnpike Authority -- rank: 309

... her notice of claim, but serves the wrong public entity; (2) a separate claimant serves a timely notice of claim on ... potential liability and correct the underlying condition. (pp. 11-13) 2. Recognizing the harshness of N.J.S.A. 59:8 ... standard on a case-by-case basis. (pp. 13-15) 2 3. In Lowe v. Zarghami, a patient brought a medical ... ” Ibid.; see also Ventola v. N.J. Veterans Mem’l Home, 164 N.J. 74, 82 (2000) (finding extraordinary circumstances ... notice of claim, but her attorney improperly served the State; (2) Morales served a timely notice of claim on the NJTA ... The child’s name has been redacted in the record. 2 than the NJTA. However, another driver involved in the ...

docket:	a-69-17
court:	New Jersey Supreme Court
decided:	2018-01-14
status:
citation:
Document Size:	52010

3695 WILLIAM & BARBARA FROST VS DR. STEPHEN BRENNER & ESTATE OF JOHN HUBBARD, ET AL -- rank: 309

... Seltzer argued the cause for appellants ��������(Mr. Seltzer and Frederick L. Woeckener, on the brief). ��������George J. Kenny argued the cause ... of waiting until January. He opined that CES is caused 90-95" by recurrent disc material and not by scar tissue ... we conclude that these contentions are clearly without merit. R. 2:11-3(e)(1)(E). ����We agree with plaintiffs' contention ... a treating physician of Frost along with Brenner See footnote 2 . On this record, however, we are persuaded that a new ... 313 , 328, 331, 91 S. Ct. 1434 , 1442-1443, 28 L.Ed.2d 788 , 799-800 (1971) (permitting defendant to utilize ...

docket:	a5849-95
court:	njappellate
decided:	1997-05-05
status:	published
citation:	300 N.J.Super. 394
Document Size:	29862

3696 NATACHA SMITH v. JOCELYNE VIECELI -- rank: 309

... they are identified in A-2615-19. A-2615-19 2 dismiss under Rule 4:6-2(e), and before defendant responded to plaintiff's outstanding discovery ... for failure to state a claim under Rule 4:6-2(e), which the court denied in an October 28, 2019 ... discussions between the realtors about finalizing a written contract confirm[ed] that the parties were not satisfied with an oral agreement ... on January 3, 2020, which was subsequently stayed until March 2, 2020 'to afford . . . [plaintiff] a reasonable opportunity to relocate to ... March 5, 2020, we denied plaintiff's emergent application for 2 N.J.S.A. 2A:42-10.1 applies ...

docket:	a2615-19
court:	NJ Superior Court Appellate Division
decided:	2021-03-09
status:	Unpublished
citation:
Document Size:	39010

3697 A-0PAUL S. MILICI v. KERN DUBOIS -- rank: 309

... MILICI, Plaintiff-Respondent, v. KERN DUBOIS, Defendant-Appellant. __________________________________________ Argued March 2, 2015 – Decided August 11, 2015 Before Judges St. John ... Court of New Jersey, Law Division, Gloucester County, Docket No. L-1333-11. Walter F. Kawalec, III, argued the cause for ... court granted the adjournment and trial was rescheduled for December 2. However, on November 22, defense counsel notified the court Iulo ... extended his vacation and was unavailable the week of December 2. The court denied defense counsel's request to adjourn the ... to videotape his testimony were unsuccessful. Trial commenced on December 2, and the court denied defendant's renewed request for an ... not counsel trying the case,'" Leitner v. Toms River Reg'l Sch. , 392 N.J. Super. 80 , 89-90 (App. ...

docket:	a2888-13
court:	NJ Superior Court Appellate Division
decided:	2009-08-25
status:	unpublished
citation:
Document Size:	27578

3698 MARIA R. ASENCIO v. BOARD OF REVIEW DEPARTMENT OF LABOR, and PHELAN HALLINAN amp; SCHMIEG, P.C -- rank: 309

... claims department of the law firm of Phelan Hallinan & Schmieg, L.L.C. (PHS) on March 2, 2009. She claims she was given a large amount of ... denied , 522 U.S. 1111 , 118 S. Ct. 1043 , 140 L. Ed.2d 108 (1998). "'In reviewing the factual findings made in ... s conclusions, we must uphold them. Clowes v. Terminix Int'l, Inc. , 109 N.J. 575 , 588 (1988). At the ...

docket:	a4839-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-13
status:	unpublished
citation:
Document Size:	19853

3699 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:	a4861-10
court:	NJ Superior Court Appellate Division
decided:	2013-05-16
status:	unpublished
citation:
Document Size:	43369

3700 STATE OF NEW JERSEY v. JAYSON L. SERRANO -- rank: 309

... A-0 STATE OF NEW JERSEY, Plaintiff-Respondent, v. JAYSON L. SERRANO, Defendant-Appellant. ________________________________ September 23, 2014 Submitted April 2, 2014 – Decided Before Judges Grall and Accurso. On appeal ... GRALL, P.J.A.D. A jury found defendant Jayson L. Serrano not guilty of murder, N.J.S.A. 2C:11-3a(1)-(2), and of the crimes of aggravated manslaughter and reckless manslaughter ... establish plain error to obtain relief on that ground. R. 2:10-2. "In respect of a late claim of error in ...

docket:	a0383-12
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	23613

3701 STATE OF NEW JERSEY v. ROBERT J. JONES -- rank: 309

... burglary of an automobile, N.J.S.A. 2C:18-2 (count one); and fourth-degree possession of a scanner during ... of a motor vehicle master key, 108 N.J. 80, 90 (1987) (internal quotation marks omitted). We also instructed the trial ... committed." Id. at 91. At the remand hearing on July 2, 2004, defendant's attorney asked the trial court not to ... ABUSE OF DISCRETION AND DENIED DEFENDANT A FAIR TR[IA]L (NOT RAISED BELOW) POINT III THE TRIAL COURT ERRED AND ... merit to warrant extended discussion in a written opinion. R. 2:11-3(e)(2). We add only the following. Defendant claims that his ...

docket:	a6256-03
court:	njappellate
decided:	2006-04-06
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	48899

3702 RYAN MICHAEL WYSINSKI, et al. v. EVAJEAN WYSINSKI -- rank: 309

... Minor, by and through Henry A. Wysinski, Jr., g/a/l; HENRY A. WYSINSKI, JR. and EVAJEAN WYSINSKI, Plaintiffs-Appellants, v ... 2006 - Decided August 8, 2006 Before Judges Yannotti and C.L. Miniman. On appeal from Superior Court of New Jersey, Law Division, Middlesex County, Docket No. L-5720-03. Lombardi & Lombardi, attorneys for appellants Ryan Michael Wysinski ... that Evajean appeared distressed and panicked during the accident. Ronald L. Saxon, a licensed professional engineer with a master's degree ... Rakaczky with his deposition testimony. At his deposition on August 2, 2004, Rakaczky testified to the church's relationship with Zelinak ... of producing an unjust result," we may consider it. R. 2:10-2. Here, the trial court excluded the evidence ...

docket:	A0378-05
court:	NJ Superior Court Appellate Division
decided:	2006-08-08
status:	unpublished
citation:
Document Size:	76124

3703 STATE OF NEW JERSEY v. EDWARD O. MCKINNEY -- rank: 309

... Release Act (NERA), N.J.S.A. 2C:43-7.2, with the remaining counts to run concurrently. The judge did ... 65 (2006); and N.J.S.A. 2C:44-1c(2). The State presented the testimony of two men who claimed ... sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(2). These remarks were no more than innocuous platitudes and not ... in State v. Goode , 278 N.J. Super. 85 , 89-90 (App. Div. 1994), or State v. Holmes , 255 N.J ... basis in the record in the course of his summation. 2 Responding to defense counsel's point that the victims ...

docket:	a5379-12
court:	NJ Superior Court Appellate Division
decided:	2015-11-30
status:	unpublished
citation:
Document Size:	32463

3704 STATE OF NEW JERSEY v. DARRELL LOGAN -- rank: 309

... third-degree criminal restraint, N.J.S.A. 2C:13-2 (Count Three); third-degree aggravated assault, N.J.S.A ... Release Act (NERA), N.J.S.A. 2C:43-7.2. The conviction on Count Two was merged with Count One ... applicable law, and find the arguments are without merit. R. 2:11-3(e)(2). Nevertheless, we add the following comments. In Point I, defendant ... Torres , 183 N.J. 554 , 564 (2005); R. 1:7-2. Accordingly, we review the matter under the plain error standard ... error was "clearly capable of producing an unjust result." R. 2:10-2. That "requires demonstration of 'legal impropriety in ...

docket:	A3206-05
court:	NJ Superior Court Appellate Division
decided:	2007-06-19
status:	unpublished
citation:
Document Size:	40168

3705 SARA THOMPSON et al. v. JOSEPH L. POTENZA, et al. -- rank: 309

... A- SARA THOMPSON and WARREN THOMPSON, ��������Plaintiffs-Appellants, ����v. JOSEPH L. POTENZA, MARY ANN R. NICOLINI, GERARD NICOLINI and CENTRAL JERSEY ... of New Jersey, Law Division, Middlesex County, Docket No. MID-L-2829-01. Gerald F. Della Sala argued the cause for ... brief). Glenn T. Dyer argued the cause for respondents Joseph L. Potenza, Mary Ann R. Nicolini and Gerard Nicolini (Connell Foley ... of the No Fault Act. Plaintiffs sought damages against Joseph L. Potenza, Mary Ann R. Nicolini, Gerard Nicolini, and Central Jersey ... Steven Goldman on behalf of her PIP carrier on November 2, 1999. See footnote 2 Prior to her visits at Toto Chiropractic Center, Thompson ...

docket:	A2211-02
court:	NJ Superior Court Appellate Division
decided:	2003-12-05
status:	published
citation:	364 N.J. Super. 462 837 A.2d 378
Document Size:	25686