Search Rutgers Law Library N.J. Court Opinions

4051 E.H. v. DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES -- rank: 274

... H.'s estate to sign an additional DAR form to 2 A-4560-15T2 perfect the appeal on her behalf. Rather ... set forth in Goldberg v. Kelly, 397 U.S. 254[, 90 S. Ct. 1011, 25 L. Ed. 2d 287] (1970).' In Goldberg, the Supreme Court held that ... a meaningful opportunity to be heard. Id. at 267-69, 90 S. Ct. at 1020-21, 25 L. Ed. 2d at 299. The Court specified that notice ...

docket:	a4560-15
court:	NJ Superior Court Appellate Division
decided:	2017-11-03
status:	unpublished
citation:
Document Size:	16446

4052 STATE OF NEW JERSEY IN THE INTEREST OF A.O. -- rank: 274

... music. Later on, Felice was sitting outside on the steps 2 with Albert and his brother. Felice started talking about Albert ... a juvenile on August 20, 2011. At trial on May 2, 2013, Felice testified for the State. After the trial judge ... cited at Pressler & Verniero, Current N.J. Court Rules , comment 2 on R. 2:6-2 (2015). "[A]ny error or omission shall be disregarded by ... State v. Galicia , 210 N.J. 364 , 386 (2012); R. 2:10-2. Because the omission of the opening statement ...

docket:	a4976-12
court:	NJ Superior Court Appellate Division
decided:	2015-02-10
status:	unpublished
citation:
Document Size:	18199

4053 IN RE ADOPTION OF N.J.A.C. 7:1B -- rank: 274

... rules), N.J.A.C. 7:1B-1.1 to -2.4. Minervini contends that the DEP's failure to respond ... of N.J. v. N.J. Dep't of Envt'l Prot. , 423 N.J. Super. 549 , 575 (App. Div. 2011 ... ensued. See 44 N.J.R. 981 (b), 1018. Comment 2: Minervini inquired regarding the extent DEP relied upon the waiver ... Jersey's courts. In response to comments 85-88, comments 90-107, and comment 404, the agency stated that the same ... Minervini claimed that the core mission of the DEP "differ[ed] significantly in some respects from the mission description in existing ... N.J.A.C. 7:1B-1.1(a) and -2.2(a)(7) to describe the Department's core ...

docket:	a3465-12
court:	NJ Superior Court Appellate Division
decided:	2014-07-17
status:	unpublished
citation:
Document Size:	29354

4054 CALI ASSOCIATES v. THE BOROUGH OF CALDWELL -- rank: 274

... Bain, Gilfillan, Cecchi, Stewart & Olstein, attorneys; Mr. Woodward and Kenneth L. Winters, on the brief). A. Dennis Terrell argued the cause ... Assocs. v. Borough of Caldwell, further proceedings. No. A-5386-90 (App. Div. Dec. 23, 1992) (slip op. at 5-6), we A-0765-06T2 2 held that the Borough of Caldwell had unlawfully delegated to ... GPD (200,000 GPD diverted or average daily infiltration removed). 2. Prudential Insurance Co. -- 20,000 GPD (40,000 GPD diverted ... these or any new corporations will be approved utilizing a 2 for 1 I/I removal program. The Department will not ... the justification for such connection being the reduction of two (2) gallons of storm water infiltration into the Caldwell system ...

docket:	a0765-06
court:	NJ Superior Court Appellate Division
decided:	2009-08-05
status:	unpublished
citation:
Document Size:	42850

4055 STATE OF NEW JERSEY v. COBY T. RICHARDSON -- rank: 274

... 4021-14 (App. Div. June 23, 2017) (slip op. at 2, 5, 39), certif. denied, 231 N.J. 520 (2017), wherein ... police and possession of hollow point bullets. A-2668-18T1 2 in Newark. Id. at 5. The report led to a ... him] regarding trial strategy.' Specifically, defendant averred his attorney 'fail[ed] to contact the [9-1-1] caller and interview her ... too vague, conclusory or speculative.' R. 3:22-10(e)(2). Indeed, the defendant 'must do more than make bald assertions ... J. 339, 350 (2012). Specifically, a defendant must show that (l) 'counsel's performance was deficient' and he 'made errors so ... by the Sixth Amendment' to the United States Constitution; and (2) 'there is a reasonable probability that, but for counsel' ...

docket:	a2668-18
court:	NJ Superior Court Appellate Division
decided:	2020-03-08
status:	Unpublished
citation:
Document Size:	24713

4056 MAXINE DIAKOS v. BRENT RUDNICK -- rank: 274

... C-000210-13 and Law Division, Essex County, Docket No. L-6061-14. Joshua S. Lichtenstein argued the cause for appellant ... equalized his financial position with respect to the two other 2 A-2468-15T2 shareholders, Morton Pechter1 and Rudnick, thereby making ... motion as a summary judgment motion. See R. 4:6-2. The court ruled that plaintiff's cause of action 1 ... first refusal to decedent. According to decedent's daughter, Pauline,2 in late 2007 decedent 'asked Mr. Rudnick for the tax ... telling [her] in advance.' Plaintiff told Rudnick that he 'seem[ed] to forget that [plaintiff] had an interest,' to 2 At oral argument we were informed that Pauline has ...

docket:	a2468-15
court:	NJ Superior Court Appellate Division
decided:	2017-11-16
status:	unpublished
citation:
Document Size:	51980

4057 STATE OF NEW JERSEY IN THE INTEREST OF G.E. -- rank: 274

... the elements are: 1) defendant's touching of another person, 2) defendant's purpose in touching another was to harass that ... to cause such a result." N.J.S.A. 2C:2-2b(1). "A finding of a purpose to harass may ... 59 (1967) (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)). We apply the same standard on appeal ... 258 , 263 (1964) (citing Fiorello , supra , 36 N.J. at 90). The trial court correctly found that it was not ...

docket:	a2662-12
court:	NJ Superior Court Appellate Division
decided:	2014-12-23
status:	unpublished
citation:
Document Size:	17203

4058 A.P. v. NEW JERSEY DEPARTMENT OF HUMAN SERVICES DIVISION OF FAMILY DEVELOPMENT -- rank: 274

... hearing as a contested case. The Board A-0541-18T3 2 continued A.P.'s benefits during the pendency of the ... guest' who stored his bike under the stairs which 'creat[ed] a problem.' The Board terminated A.P.'s EA benefits ... motel room door,' contrary to N.J.A.C. 10:90-6.3(c)(5). The Director affirmed the ALJ's ... 191 N.J. 474, 483 (2007); see also Manalapan Realty, L.P. v. Twp. Comm. of A-0541-18T3 5 Manalapan ... showing that (1) the agency did not follow the law; (2) the decision was arbitrary, capricious, or unreasonable; or (3) the ... supervision and relevant regulations. See N.J.A.C. 10:90-6.3(a). Requests for emergency housing assistance are ...

docket:	a0541-18
court:	NJ Superior Court Appellate Division
decided:	2020-02-20
status:	Unpublished
citation:
Document Size:	12432

4059 STATE OF NEW JERSEY v. MICHAEL BERNARD RELFORD -- rank: 274

... Court of New Jersey, Law Division, Middlesex County, Indictment No. 90-11-2634. Nancy C. Ferro, attorney for appellant. Bruce J ... jury returned a verdict finding defendant guilty of the murder. 2 Defendant was sentenced on July 2, 1992, to a term of life imprisonment with a thirty ... five years after conviction. Because defendant was sentenced on July 2, 1992, the five-year deadline established by Rule 3:22-12 expired on July 2, 1997. The only exception to the time bar is a ... December 15, 1993), for a description of the trial testimony. 2 The jury also returned a guilty verdict on the ...

docket:	a3796-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-27
status:	published
citation:
Document Size:	19447

4060 STATE OF NEW JERSEY v. MICHAEL MAURO, JR -- rank: 274

... Lestuck outside to guard the front exit. Upon entering at 2:01 a.m., Lasko saw twenty to thirty people inside ... recognize defendant if he did not know it was him. 2 The prosecutor asked Semenza whether defendant was resisting the police ... result that warrants review in the interests of justice. R. 2:10-2. In respect of a late claim of error in a ... J. 526 , 538 (1969), cert. denied , 399 U.S. 930 , 90 S. Ct. 2254 , 26 L. Ed.2d 797 (1970))). Finally, because defense counsel did ...

docket:	a0491-11
court:	NJ Superior Court Appellate Division
decided:	2014-08-13
status:	unpublished
citation:
Document Size:	39718

4061 JUANA POLANCO URENA VS. A\u0026D FREIGHT LOGISTICS, LLC, ET AL. -- rank: 274

... attorneys; William T. Freeman, on the brief). A-2302-21 2 Richard J. Williams, Jr., argued the cause for respondent New ... the testimony of petitioner, defendants conceded the issue of dependency. 2 After Hartford presented witnesses on the issue of cancellation, the ... Hartford's policy. The court subsequently took testimony from additional 2 The court also issued an interim order that Hartford shall ... quoting 5 Wigmore on Evidence, § 1530, p. 379 (3d ed. 1940)). Hartford asserts there is no requirement that the foundation ... information . . . pursuant to N.J.R.E. 803(c)(6).' 2. In Sroczynski v. Milek, the Court noted that because of ... to its authority under N.J.S.A. 34:15-90.2, the Bureau set forth requirements for cancellation in ...

docket:	a2302-21
court:	appellate
decided:	2024-07-25
status:	Unpublished
citation:
Document Size:	58746

4062 STATE OF NEW JERSEY v. MARK DIAMANTE -- rank: 274

... be represented by counsel, as required by R. 3:4-2(c) and R. 7:3-2(a). We are thus compelled to vacate defendant's conviction ... trees and railroad ties for a total removal fee of $2,000. After the work was completed, Mitchell paid defendant $2,000 and, in turn, received a handwritten receipt stating "paid ... not having had any contact with him for a year; (2) asking to speak to Mitchell, after Rigaerio told him that ... 335 , 344-45, 83 S. Ct. 792 , 796-97, 9 L. Ed.2d 799 , 805-06, (1963), the Supreme Court ...

docket:	a4097-04
court:	njappellate
decided:	2006-04-27
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	66756

4063 STATE OF NEW JERSEY v. JOHN RAY WILSON -- rank: 274

... processing" of a CDS. N.J.S.A. 2C:35-2. The statute also states, however, that the definition "does not ... whether there is a personal use defense to growing marijuana, 2 other jurisdictions have enacted nearly identical definitions of "manufacture" with ... A)-(C) (2011); Mich. Comp. Laws Serv. § 333.7106(2) (LexisNexis 2011); Neb. Rev. Stat. Ann. § 28-401(14) (LexisNexis 2011); N.C. Gen. Stat. § 90-87(15) (2011). Courts in these states have consistently determined ... barring his proposed expert witness) is clearly without merit. R. 2:11-3(e)(2). The trial court correctly concluded the proposed testimony, which ...

docket:	a3826-09
court:	New Jersey Superior Court Appellate Division
decided:	2011-07-26
status:	published
citation:	421 N.J. Super. 301 23 A.3d 489
Document Size:	39767

4064 INTERSTATE REALTY MANAGEMENT COMPANY v. COMMUNITY REALTY MANAGEMENT INC -- rank: 274

... Court of New Jersey, Law Division, Atlantic County, Docket No. L-4283-05. Noah H. Charlson argued the cause for appellant ... project sold by [the Rothenberg Group] on behalf of 3M . 2. CRM shall pay over to Interstate by the tenth (10th ... of 3M' and because '[the Rothenberg Group] no longer retain[ed] general partnership interests.'" As for the Hilltop project, Levine and ... he would have (1) demanded payment at that time and (2) sued if CRM did not honor his demand. Mark Borowsky ... each successive payment under the contract became due. On November 2, 2007, the trial judge issued a detailed written decision on ... Consequently, the motion judge entered a companion order on November 2, 2007 granting summary judgment to CRM. Interstate now appeals. ...

docket:	a1747-07
court:	NJ Superior Court Appellate Division
decided:	2009-01-14
status:	unpublished
citation:
Document Size:	79564

4065 STATE OF NEW JERSEY v. HASSAN MOORE -- rank: 274

... subject to the plain error standard of review under Rule 2:10-2 because no objections were raised at trial regarding those issues ... 85 (1999); State v. Goode , 278 N.J. Super. 85 , 90 (App. Div. 1994); State v. Staples , 263 N.J. Super ... denied , 534 U.S. 858 , 122 S. Ct. 136 , 151 L. Ed.2d 89 (2001).] We conclude there was no error, much ... errors were "clearly capable of producing an unjust result." R. 2:10-2; see State v. Torres , 183 N.J. ...

docket:	a1697-08
court:	superior court appellate division
decided:	2010-09-30
status:	unpublished
citation:
Document Size:	43503