Search Rutgers Law Library N.J. Court Opinions

4111 STATE OF NEW JERSEY v. JOSEPH R. DALEY -- rank: 266

... No. 18-10-07. Basile & Testa, attorneys for appellant (Michael L. Testa and Justin R. White, on the brief). Robert L. Taylor, Cape May County Prosecutor, attorney for respondent (J. Vincent ... to neck pain may leave one less than at a 90 degree angle with, or less than perpendicular to the grade ... difficulty in his attempts to operate his motor vehicle to [l]eave the Wawa parking lot. His conduct and demeanor at ... of the most recent Appellate expression, [State v.] S pel l [, 395 N.J. Super. 337 (App. Div. 2007), aff'd ... merit to warrant additional discussion in a written opinion. R. 2:11-3(e)(2). Affirmed. Miranda v. Arizona , 384 ...

docket:	a3982-07
court:	NJ Superior Court Appellate Division
decided:	2009-03-18
status:	unpublished
citation:
Document Size:	53958

4112 STATE OF NEW JERSEY v. CARLOS E. NAVARRO -- rank: 266

... 2017. Joseph E. Krakora, Public Defender, attorney for appellant (Jay L. Wilensky, Assistant Deputy Public Defender, of counsel and on the ... of the length of the parole ineligibility term. On September 2, 2008, a customs and border patrol agent at JFK Airport ... examines a defendant on the differences between a post- Miranda [ 2 ] statement and testimony at trial."); State v. Elkwisni , 190 N ... purposes); State v. Noble , 398 N.J. Super. 574, 589-90 (App. Div.) (holding prosecutor's repeated references to timing of ... do not warrant further discussion in a written opinion. R. 2:11-3(e)(2). Affirmed as to the convictions, but remanded for resentencing. ...

docket:	a4506-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-20
status:	unpublished
citation:
Document Size:	32050

4113 RUTH GINSBERG VS ST. MICHAEL'S HOSPITAL ET AL -- rank: 266

... occurred, having the capacity to cause an unjust result. R. 2:10-2. Accordingly, for the reasons stated herein, we remand the matter ... disease; bronchial pneumonia; Parkinsonism; osteoarthritis with radiculopathy; hypergammaglobulinemia See footnote 2 ; anorexia; dyspnea; and swelling of the abdomen and extremities. However ... 266-268; Malone, Ruminations on Cause- In- Fact, 9 Stan.L.Rev. 60, 88-90 (1956). The "substantial factor" standard requires the jury to determine ... to use extraordinary measures was the cause of death; and (2) refused to instruct the jury not to consider the ...

docket:	a929-94
court:	njappellate
decided:	1996-06-21
status:	published
citation:	292 N.J.Super. 21
Document Size:	33965

4114 U.S. SPORTSMEN'S ALLIANCE FOUNDATION, et al. v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, et al. -- rank: 266

... Bear Management Plan] set a target density of 1 bear/2.5 sq. miles in order to minimize conflicts and to ... dismissed , 429 U.S. 1032 , 97 S. Ct. 723 , 50 L. Ed.2d 744 (1977). This responsibility was conferred upon the Council ... article does not even refer to the Commissioner. See footnote 2 N.J.S.A. 13:1B-30 provides in pertinent ... Designed to Conserve the State's Natural and Historic Resources , 2-3 (1945). Consistent with this recommendation, one section of the ... J., Inc. v. Bontempo , 53 N.J. Super. 181 , 186-90 (App. Div. 1958). No such action has been brought ...

docket:	A0744-04
court:	NJ Superior Court Appellate Division
decided:	2004-11-16
status:	published
citation:	372 N.J. Super. 598 860 A.2d 463
Document Size:	30515

4115 STATE OF NEW JERSEY v. KEVIN DAVIS -- rank: 266

... from the person, N.J.S.A. 2C:43-7.2. Defendant argues on appeal: POINT I THE ACCOMPLICE-LIABILITY CHARGE ... offense. Bielkiewicz , supra , 267 N.J. Super. at 532 n.2. We also held that jury instructions in this context should ... alleged in the indictment, or the lesser included offense of____________________________. 2. That this defendant solicited X to commit { lesser included offense ... error was "clearly capable of producing an unjust result." R. 2:10-2. Not any possibility of an unjust result will suffice; the ... J. 526 , 538 (1969), cert. denied , 399 U.S. 930 , 90 S. Ct. 2254 , 26 L. Ed.2d 797 (1970).] ...

docket:	a0873-07
court:	NJ Superior Court Appellate Division
decided:	2008-10-07
status:	unpublished
citation:
Document Size:	43935

4116 STATE OF NEW JERSEY v. JAMES E. ZOLA -- rank: 266

... Court of New Jersey, Law Division, Mercer County, Accusation No. 90-02-0102. Joseph E. Krakora, Public Defender, attorney for appellant ... App. Div. Aug. 27, 2018) (Zola II) (slip op. at 2). The judge sentenced defendant to life imprisonment with a fifty-year period of parole ineligibility. Id. at 2. Defendant did not file a direct appeal but instead filed ... also directed the judge to 'consider the A-2240-19 2 appropriate sentence 'as [defendant] stands before th[e] court at ... sentenced nor resentenced after mitigating factor fourteen's effective date.2 Defendant recognizes the argument in Point V is equally unavailing ... of Alleyne v. United States, 570 U.S. 99 (2013), 2 In State v. Bellamy, we concluded 'where, for a ...

docket:	a2240-19
court:	NJ Superior Court Appellate Division
decided:	2022-10-05
status:	Unpublished
citation:
Document Size:	26933

4117 THE BANK OF NEW YORK MELLON v. DOLORES MARIE DICICCO -- rank: 266

... We disagree and affirm all three orders. A-4201-18T2 2 I. On or about April 21, 2004, defendant executed a ... In her second affirmative defense, defendant alleged that plaintiff 'lack[ed] standing to prosecute the instant case' because it, or its ... written communication.' 12 C.F.R. § 1026.15(a)(2); 12 C.F.R. § 1026.23(a)(2). A-4201-18T2 4 Plaintiff moved for summary judgment, and ... on May 30, 2019 in the amount of $445,554.90, plus interest and costs. This appeal followed. II. Our review ... 214 N.J. 76, 91 (2013) (quoting R. 4:46-2(c)). We accord no special deference to the trial ...

docket:	a4201-18
court:	NJ Superior Court Appellate Division
decided:	2020-02-03
status:	Unpublished
citation:
Document Size:	28508

4118 ADRIANNE C. LERMAN v. DAVID LERMAN -- rank: 266

... D February 26, 1976." The grantor had three children: Toby L. Appel, Roy Lerman, and defendant. On the grantor's death ... amongst the grantor's three children. Pursuant to Article 7.2 of the Trust, Roy Lerman and Toby Appel each received ... principal of David's Trust annually. Pursuant to Paragraph 8.2 of Article VIII of the Trust, upon defendant's death ... 326 U.S. 310 , 319, 66 S. Ct. 154 , 161, 90 L. Ed.2d 95 , 104 (1945). Shaffer v. Heitner , 433 U. ...

docket:	a1953-07
court:	NJ Superior Court Appellate Division
decided:	2009-08-04
status:	unpublished
citation:
Document Size:	47269

4119 PETER N. FIORENTINO, JR v. JOSEPH S. SFERLAZZA -- rank: 266

... the Superior Court of New Jersey, Law Division, Camden County, L-10961-05. Joseph S. Sferlazza, appellant, argued the cause pro ... sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(1)(A), (E). We affirm substantially for ... 795 , 803-04, 119 S. Ct. 1597 , 1602-03, 143 L. Ed.2d 966 , 975-76 (1999); see also Ramer v. N ... supra , id. at 805, 119 S. Ct. at 1603, 143 L. Ed. 2d at 976. Consequently, simply because the Social Security ...

docket:	a5228-07
court:
decided:	2009-06-17
status:	Unpublished
citation:
Document Size:	28468

4120 ALEXANDREA REZNIK v. EDUARD REZNIK -- rank: 266

... REZNIK, Plaintiff-Appellant, v. EDUARD REZNIK, Defendant-Respondent. Submitted December 2, 2021 – Decided December 13, 2021 Before Judges Haas and ... would resume paying child support on September A-0096-20 2 1, 2019, because child support prior to that date was ... of $346 per week, less an employee discount of $51.90. A-0096-20 3 She also requested the parties communicate ... defendant shall be entitled to an attorney fee award of $2,750[].' Plaintiff moved for reconsideration. She argued the judge should ... quoting N.J. Div. of Youth & Fam. Servs. v. G.L., 191 N.J. 596, 605 (2007)). Likewise, we review the ... App. Div. A-0096-20 9 2018) (citing Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. ...

docket:	a0096-20
court:	NJ Superior Court Appellate Division
decided:	2021-12-13
status:	Unpublished
citation:
Document Size:	21714

4121 IN THE MATTER OF THE SUSPENSION OR REVOCATION OF THE LICENSE OF SAMUELLE KLEIN-VON REICHE, PSY.D. -- rank: 266

... is invalid because it acted without the statutorily required quorum; (2) the Board's decision is an impermissible effort to regulate ... of the Administrative Law Judge (ALJ) are "[c]ontrary to [l]aw"; and (4) the Board's decision to impose a ... a result of [appellant's] accompanying him to the [Bahamas]"; (2) appellant "showed a lack of insight into the possible ramifications ... violated any of the Board's statutes and regulations"; and (2) the ALJ improperly found that appellant's "written and oral ... sufficient merit to warrant discussion in a written opinion[,]" Rule 2:11-3(e)(1)(E), beyond the following comments. We ... by sufficient credible evidence on the record as whole . . . ." R. 2:11-3(e)(1)(D). We must be mindful ...

docket:	a2147-09
court:	superior court appellate division
decided:	2010-09-01
status:	unpublished
citation:
Document Size:	55331

4122 STATE OF NEW JERSEY v. ERIC DELA LUZ-MARTINEZ -- rank: 266

... two vehicles. When police officer Sean McLaughlin arrived at about 2:18 a.m., he spoke to Brittany M. Murray, an ... s home. When they returned to the restaurant at about 2:15 a.m., two of their vehicles had been vandalized ... defendant's social security number was not valid. On August 2, 2006, defendant voluntarily responded to police headquarters with his cousin ... he noted 1) the significant damage caused to both vehicles; 2) that the victims and society "had a need and interest ... a disdain for the law . . .; and that disdain further suggest[ed] that he [wa]s unlikely to comply with PTI reporting ... this case." State v. Wallace , 146 N.J. 576 , 589-90 (1996)(internal citation omitted). Defendant's inability to curb ...

docket:	a4617-06
court:	njappellate
decided:	2008-03-14
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	32766

4123 Garden State Check Cashing Service, Inc. v. State of New Jersey Department of Banking and Insurance -- rank: 266

... business to sell its assets without losing its grandfathered status. L. 1998, c. 104, § 1 (codified at N.J.S ... or more.” Id. § 40(d). (pp. 9-11) 2. The inquiry here is whether the phrase “[a] person ... FERNANDEZ-VINA, and SOLOMON join in JUSTICE TIMPONE’S opinion. 2 SUPREME COURT OF NEW JERSEY A- 1 September Term 2018 ... business to sell its assets without losing its grandfathered status. L. 1998, c. 104, § 1 (codified at N.J.S ... the Department of Banking and Insurance (DOBI) for a license, 2 Garden State Check Cashing Service, Inc. (Garden State) -- which operated ... location was a continuously licensed check cashing location before the 2,500 feet limitation was enacted. In addition, there was ...

docket:	a-1-18
court:	NJ Supreme Court
decided:	2019-05-01
status:
citation:	237 N.J. 482 206 A.3d 375
Document Size:	30900

4124 WELLS FARGO BANK, N.A. v. DULCE M. FERREIRA -- rank: 266

... 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 ... e); N.J.S.A. 17:9A-132(1) and (2); N.J.S.A. 17:9A-148(C). As Wells ... Super. at 599 (citation omitted); see also R. 4:46-2(c). Rule 1:6-6 states: [i]f a motion ... satisfied the certification was in compliance with Rule 4:64-2(c), which states: [t]he affidavit shall be made either ... denied, 557 U.S. 934 , 129 S. Ct. 2858 , 174 L. Ed.2d 601 (2009).] "There is no requirement that ...

docket:	a0015-14
court:	NJ Superior Court Appellate Division
decided:	2015-10-22
status:	unpublished
citation:
Document Size:	25949

4125 TERRY ANDREWS v. CLIFFORD S. ANDREWS III -- rank: 266

... would be listed for sale at $17.50 per share. 2 Husband believed the stock would sell because of the earlier ... Islands , 247 U.S. 385 , 38 S. Ct. 513 , 62 L. Ed. 1177 (1918)). In this case, the trial court's decision ... within one year of the judgment under Rule 4:50-2. However, Rule 4:50-1(f) authorized the court to ... subject to the restrictions of Rule 4:50-1 or -2. Child support is an entitlement of the child that cannot ... App. Div. 2006); Patetta v. Patetta , 358 N.J. Super. 90 , 94 (App. Div. 2003). Agreements on spousal support are ...

docket:	a5761-09
court:	NJ Superior Court Appellate Division
decided:	2011-02-03
status:	unpublished
citation:
Document Size:	38913