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3736 STATE OF NEW JERSEY v. RASHAN CAPERS -- rank: 309

... Appellant. ________________________________ Submitted: January 27, 2010 - Decided: Before Judges Cuff, C.L. Miniman and Waugh. On appeal from the Superior Court of ... Act (NERA), 195 N.J. 442 , 454 (2008) (quoting R. 2:10-2; State v. Macon , 57 N.J. 325 , 336 (1971)); see ... N.J. 560 (1965)), cert. denied , 399 U.S. 930 , 90 S. Ct. 2254 , 26 L. Ed.2d 797 (1970); see also State v. Nero , 195 ...

docket:	a2225-07
court:	superior court appellate division
decided:	2010-07-20
status:	unpublished
citation:
Document Size:	39006

3737 ASHISH KUMAR v. PISCATAWAY TOWNSHIP COUNCIL -- rank: 307

... Court of New Jersey, Law Division, Middlesex County, Docket No. L-5017-21. Richard J. Mirra argued the cause for appellant ... argument on the order to show cause. A-0227-21 2 In this matter, we consider whether a municipality may approve ... Act (CRA), N.J.S.A. 10:6-1 to -2. Because defendants' actions of passing the unauthorized resolutions deprived plaintiffs ... Zoning Board meetings on the Township's public access channel.2 It included both a question to be placed on the ... both the EMS and TAPE Committees' petitions. In addition, as 2 The petition also required the Township 'to post all notices ... policy proposals as [p]laintiffs' binding referenda on the November 2, 2021 General Election ballot, in a blatant attempt not ...

docket:	a0227-21
court:	NJ Superior Court Appellate Division
decided:	2022-08-23
status:	Published
citation:
Document Size:	53252

3738 IN THE MATTER OF W.L. -- rank: 307

... DIVISION DOCKET NO. A-0 IN THE MATTER OF W.L. _________________________ October 2, 2017 Submitted September 20, 2017 – Decided Before Judges Haas ... No. C-000012-16. Kunal Sharma, attorney for appellant W.L. Christopher S. Porrino, Attorney General, attorney for respondent New Jersey ... Deputy Attorney General, on the brief). PER CURIAM Defendant W.L., an inmate at Northern State Prison (NSP), 1 engaged in ... claim upon which relief may be granted. R. 4:6-2(e). We affirm in part, reverse in part, and remand ... final resolution, we will address the disputed issues. See R. 2:4-4(b)(2) (permitting us to grant leave ...

docket:	a0455-16
court:	NJ Superior Court Appellate Division
decided:	2017-10-02
status:	unpublished
citation:
Document Size:	20033

3739 DANNY CAICEDO v. FABIAN CAICEDO -- rank: 307

... Court of New Jersey, Law Division, Essex County, Docket No. L-319-11. Avion M. Benjamin, Assistant Corporation Counsel, argued the ... struck by a police cruiser operated by defendant Fabian Caicedo 2 while on duty with defendant City of Newark Police Department ... police vehicle also testified. Camacho recounted that "as I look[ed] up I [saw] that my partner [was] going onto the ... accordingly, and judgment was entered in plaintiff's favor for $2,400,000. Defendants moved for a new trial or, in ... 473 (App. Div.) (citing N.J.S.A. 59:1-2 and 2-1), certif. denied , 220 N.J. 207 (2014). Thus, ...

docket:	a6163-12
court:	NJ Superior Court Appellate Division
decided:	2015-03-17
status:	published
citation:	439 N.J.Super. 615 110 A.3d 969
Document Size:	43787

3740 SEVENTEEN THIRTY CORP., Plaintiff v. DIRECTOR, NEW JERSEY <br -- rank: 307

... issue as to a material fact under R. 4:46-2(c), neither would submit any evidence in addition to the ... and federal income tax were withheld. Plaintiff issued annual W-2 Forms to Mr. Mastrolacasa reflecting such salary and withholding. Mr ... with respect to those payments, and plaintiff issued no W-2 Forms or other reporting forms reflecting the payments. Mr. Mastrolacasa ... business in New Jersey. N.J.S.A. 54:10A-2. The tax is based upon the entire net income of ... 1) the amount of the compensation must be reasonable and (2) the payments must in fact be purely for services.� ... preclude the granting of summary judgment. See R. 4:46-2(c). I further conclude, based on an analysis and ...

docket:	03648-97
court:
decided:	1999-04-16
status:
citation:	18 N.J. Tax 168
Document Size:	92127

3741 MICHAEL O'HARA v. NEW JERSEY DEPARTMENT OF CORRECTIONS -- rank: 307

... were errors with respect to the urine testing procedure; and (2) the finding of guilt was not supported by "substantial evidence ... near the door of the day-room. The note read "2-Up 68, 69, 67, 66, 65 Heroin." O'Hara was ... relied on to reach decision[:] Officer reports that an unsign[ed] note was rec'd saying this I/M was using ... positive for Opiates. I/M claims the urine was obtain[ed] via the search, [but] the urine was obtain[ed] due to the note. COE forms were prepared in advanced ... evidence provided to support the claim that SCO Cabrera obtain[ed] any of the urine samples. SCO Cabrera['s] signature ...

docket:	a1414-07
court:	NJ Superior Court Appellate Division
decided:	2008-10-06
status:	unpublished
citation:
Document Size:	29526

3742 COMMERCE GROUP, INC v. JEROME DIPENTINO -- rank: 307

... COMMERCE GROUP, INC. a Florida Corporation and WIDENER RESERVE LTD., L.P., a Delaware Limited Partnership, Plaintiffs-Appellants, v. JEROME DIPENTINO ... Court of New Jersey, Law Division, Atlantic County, Docket No. L-2781-09. Richard M. King, Jr., argued the cause for ... Plaintiffs Commerce Group, Inc. (Commerce Group) and Widener Reserve Ltd., L.P. (Widener), appeal from orders that granted summary judgment, dismissing ... 209 N.J. 35 , 38 (2012) (citing R. 4:46-2(c)), we determine "if there is a genuine issue as ... for commissions against Gospel Hall. In a letter dated February 2, 1998 (the February 1998 letter), Hankin informed Rexon that his ... sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(1)(E) . We further conclude plaintiffs' ...

docket:	a5120-12
court:	NJ Superior Court Appellate Division
decided:	2015-04-23
status:	unpublished
citation:
Document Size:	39990

3743 Templo Fuente De Vida Corp., et al. v. National Union Fire Insurance Co. -- rank: 307

... as an aid to interpretation.” Ibid. (pp. 12-13) 2. In Zuckerman , supra , the Court explained that under a traditional ... Seidman argued the cause for appellants ( Seidman & Pincus , attorneys). Andrew L. Indeck argued the cause for respondent ( Weber Gallagher Simpson Stapleton ... their attempt to purchase the property, plaintiffs filed a complaint 2 against Merl, among others. The defendants named in the complaint ... Policy Period or during the Discovery Period (if applicable); or (2) within 30 days after the end of the Policy Period ... novo under the same standard as the trial court. Mem’l Props., LLC v. Zurich Am. Ins. Co. , 210 N.J ... order as a matter of law.” R . 4:46-2(c). When no issue of fact exists, and only ...

docket:	A-18-14
court:	NJ Supreme Court
decided:	2016-02-11
status:
citation:	224 N.J. 189 129 A.3d 1069
Document Size:	94355

3744 JOSEPH COTTRELL - v. MID STATE MOVING COMPANY and THE UNINSURED EMPLOYER\'S FUND -- rank: 307

... discovering that the employer did not have workers' compensation insurance, 2 Cottrell successfully moved to join the Uninsured Employers' Fund (UEF ... 15-120.1; N.J.A.C. 12:235-7.2. On March 8, 1995, a copy of Cottrell's petition ... v. N.J. Art Foundry , 88 N.J. 75 , 89-90 (1981). Notwithstanding the foregoing, if an appellate court finds that ... 8, 2008 order, suggesting the application of Rule 4:50-2's one-year limitation "for reasons (a), (b), and (c ... N.J.A.C. 12:235-1.1 to -14.2, make no mention about motion practice being globally governed by ... or medical benefits, N.J.A.C. 12:235-3.2; emergent medical care, N.J.A.C. 12:235- ...

docket:	a0575-09
court:	superior court appellate division
decided:	2011-02-10
status:	unpublished
citation:
Document Size:	44788

3745 RONALD JONES v. NEW JERSEY STATE PAROLE BOARD -- rank: 307

... support the Board's conclusions. Ibid. ; Clowes v. Terminix Int'l. Inc. , 109 N.J. 575 , 588 (1988); Henry v. Rahway ... S. 1 , 9-10, 99 S. Ct. 2100 , 2105, 60 L. Ed.2d 668 , 677 (1979) ("The parole-release decision�.�.�. depends on ... done.'" Id. at 10, 99 S. Ct. at 2105, 60 L. Ed. 2d at 677 (quoting Sanford H. Kadish, The Advocate and ... the Expert -- Counsel in the Peno-Correctional Process , 45 Minn. L. Rev. 803, 813 (1961)). One of these "imponderables" is ...

docket:	a3524-06
court:	njappellate
decided:	2007-11-16
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	24908

3746 OF NEW JERSEY TRINITAS HOSPITAL v. NEW JERSEY DEPARTMENT OF HEALTH AND SENIOR SERVICES -- rank: 307

... quality of care. See N.J.A.C. 8:33E-2.14(a)4i. To that end, the September 2002 call ... adopted competitive review criteria. N.J.A.C. 8:33E-2.15. The criteria were informed by HSS experience that showed ... and good patient outcomes. N.J.A.C. 8:33E-2.15(a), -2.15(b)1, and -2.15(b)5. The Trinitas CN application argued there was ... the CN application. In response to the three CN applications, 2 Morristown filed an affected facility submission that argued against ...

docket:	a3316-08
court:	superior court appellate division
decided:	2011-01-14
status:	Unpublished
citation:
Document Size:	47026

3747 STATE OF NEW JERSEY v. TERRIQUE JONES -- rank: 307

... Appellant. ________________________________________________________________ Submitted September 10, 2008 - Decided Before Judges Cuff, C.L. Miniman and Baxter. On appeal from Superior Court of New ... first-degree robbery, N.J.S.A. 2C:43-7.2. On counts five, six and seven, the judge imposed concurrent ... incarcerated and considered a security threat in the courtroom"; and (2) "the court did not ensure that at least 8 jury ... board in the hallway that stated defendant was in jail; (2) the transportation listing left in the jury room that said ... was insufficient to sustain his first-degree robbery conviction; and (2) even if the evidence was sufficient, the jury charge was ... judge's charge under the plain error standard of Rule 2:10-2. Any error will be disregarded "unless it ...

docket:	a0968-06
court:	NJ Superior Court Appellate Division
decided:	2008-10-23
status:	unpublished
citation:
Document Size:	110772

3748 WILMINGTON SAVINGS FUND SOCIETY v. YUN SOON PARK -- rank: 307

... them with defendant's cousin, Jennifer Lee, A-2956-17T2 2 who accepted service at the subject property. Defendant did not ... plaintiff's complaint for foreclosure. See U.S. Bank Nat'l Ass'n v. Guillaume, 209 N.J. 449, 468 (2012 ... defendant's contention that she had not been properly serv ed with plaintiff's complaint. Citing Rule 4:4-4(a ... N.J.S.A. 46:9-9; Deutsche Bank Nat'l Trust Co. v. Mitchell, 422 N.J. Super. 214, 225 ... Raftogianis, 418 N.J. Super. 323, 350 (Ch. Div. 2010) ('[L]itigants generally have no standing to assert the rights of third parties.'); See also Giles v. Phelan, Hallinan & Schmieg, L.L.P., 901 F. Supp. 2d 509, 532 (D. ...

docket:	a2956-17
court:	NJ Superior Court Appellate Division
decided:	2019-05-15
status:	Unpublished
citation:
Document Size:	15647

3749 JOSEPH RILEY v. THOMAS COMPANY, INC - -- rank: 304

... Petitioner-Respondent, v. THOMAS COMPANY, INC., Respondent-Appellant. ____________________________ Submitted October 2, 2019 – Decided November 1, 2019 Before Judges Vernoia and ... the briefs). Kotlar, Hernandez & Cohen LLC, attorneys for respondent (Norman L. Ginsberg and Matthew Joseph Solin, on the brief). PER CURIAM ... temporary disability benefits related to those injuries. A-3431-18T2 2 of injury.' Thomas further asserted that it 'provided benefits without ... a motion for temporary disability benefits from April 19, 2017. 2 Thomas opposed the motion, claiming 2 It appears Thomas had stopped providing temporary disability benefits on ... prosthetic parts.' Total Ankle Arthroplasty, Attorneys' Dictionary of Medicine (53rd ed. 2019). A-3431-18T2 5 performed on Riley's ...

docket:	a3431-18
court:	NJ Superior Court Appellate Division
decided:	2019-11-01
status:	Unpublished
citation:
Document Size:	41589

3750 /usr/local/share/www/libweb/collections/courts/appellate/a5010-18.opn.html -- rank: 304

... Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant contends the prosecutor committed misconduct by failing to instruct ... 46; N.J.S.A. 2C:25-19(a)(1). 2 A-5010-18 I. We briefly recount the procedural history ... degree murder, N.J.S.A. 2C:11-3(a)(2); second-degree unlawful possession of a handgun, N.J.S ... State had 4 A-5010-18 begun its trial preparation. 2 According to the explanation of the assistant prosecutor assigned to ... extract data from the phone. On the afternoon of April 2, 2019, the assistant prosecutor received a forensic report that included ... emailed counsel a pdf copy of the text messages. The 2 The prosecutor acknowledged at the April 8, 2019 hearing: ...

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