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4126 IN THE MATTER OF COUNTY CORRECTION CAPTAIN PC1189P) AND COUNTY CORRECTION LIEUTENANT PC1202P), HUDSON COUNTY -- rank: 266

... of N.J.A.C. 4A:4- A-5095-16T3 2 2.6(a)(1) (indicating that applicants for promotional examinations must ... who received promotions. Under N.J.A.C. 4A:4-2.6(a)(2), the Commission then amended the announcements for the promotions and ... APPELLANTS FROM RECOVERY[.] A-5095-16T3 5 POINT IV APPEL[L]ANTS['] PROMOTIONS WERE NOT A POSSIBILITY BUT A CERTAINTY AS ... did the agency A-5095-16T3 7 follow the law; (2) whether the record contains substantial evidence to support the ...

docket:	a5095-16
court:	NJ Superior Court Appellate Division
decided:	2019-02-21
status:	Unpublished
citation:
Document Size:	23229

4127 LOUIS O\'NEAL v. NEW JERSEY DEPARTMENT OF CORRECTIONS -- rank: 266

... another count of murder. On April 1, 2009, at approximately 2:20 p.m. Senior Corrections Officer C. Tripp was pat ... that point, according to Tripp, he asked Corrections Officer J.L. Murray to escort O'Neal from the back of the ... J.A.C. 10A:4-4.1(a). On April 2, 2009, at 3:45 p.m., Sergeant C. Ennals served ... denied , 449 U.S. 983 , 101 S. Ct. 400 , 66 L. Ed.2d 245 (1980). We may not vacate an agency's ... R acing Comm'n , 202 N.J. Super. 484 , 489-90 (App. Div.), certif. denied , 102 N.J. 337 (1985). ...

docket:	a5427-08
court:	superior court appellate division
decided:	2010-07-19
status:	unpublished
citation:
Document Size:	37650

4128 STATE OF NEW JERSEY v. WORDELL PHELPS -- rank: 266

... the victim allegedly had an altercation a few days earlier. 2 Defendant struck the victim in the head with a wooden ... error and prejudicial." State v. Sykes , 93 N.J. Super. 90 , 95 (App. Div. 1966) (citing State v. Pontery , 19 N ... denied , 475 U.S. 1014 , 106 S. Ct. 1193 , 89 L. Ed.2d 308 (1986), superseded in part by statute , N.J ... sufficient merit to warrant discussion in a written opinion." R. 2:11-3(e)(2). We add only the following brief comments. "Our courts ...

docket:	a0576-11
court:	NJ Superior Court Appellate Division
decided:	2012-12-20
status:	unpublished
citation:
Document Size:	29684

4129 STATE OF NEW JERSEY v. CHARLES C. BARNES -- rank: 266

... S. 471 , 487-88, 83 S. Ct. 407 , 417, 9 L. Ed.2d 441 , 455-56 (1963). We find these arguments unpersuasive ... See State v. Drummond , 305 N.J. Super. 84 , 87-90 (App. Div. 1997). When the occupants appeared startled and immediately ... require no further discussion, beyond the following comments. See R. 2:11-3(e)(2). The State’s trial evidence was consistent with that presented ... law enforcement). His sentencing arguments require no further discussion. R. 2:11-3(e)(2). Affirmed. This archive is a ...

docket:	a5114-09
court:	NJ Superior Court Appellate Division
decided:	2011-10-26
status:	unpublished
citation:
Document Size:	31094

4130 STATE OF NEW JERSEY v. BRIAN G. GARRETT -- rank: 266

... in length. N.J.S.A. 39:4-50(a)(2). Penalties for third or subsequent violations include a mandatory $1000 ... license revocation and a mandatory custodial term of 180 days, 90 days of which may be served in an approved drug ... denied , 489 U.S. 987 , 111 S. Ct. 429 , 112 L. Ed.2d 413 (1990). Specifically, defendant argued that when he entered ... 1984 DWI conviction, was untimely. Pursuant to Rule 7:10-2(b), a petition must be filed no "more than five ... Rule 3:22-12 (a)(1) and Rule 7:10-2(c) to relax the five-year time limitation because ...

docket:	a2028-15
court:	NJ Superior Court Appellate Division
decided:	2017-07-13
status:	unpublished
citation:
Document Size:	15689

4131 STATE OF NEW JERSEY v. ANTONIO ORTIZ -- rank: 266

... credit card theft, N.J.S.A. 2C:21-6c(2)(Count One). Defendant contends that the trial judge erred by ... PURSUANT TO N.J.S.A. 2C:21-6 (c)(2). POINT II THE SENTENCE IMPOSED ON DEFENDANT'S CONVICTION OF ... 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 use the same standard as the ... mistake as to the identity or address of the cardholder; (2) retained possession of the credit card; and (3) retained ...

docket:	a6333-08
court:	superior court appellate division
decided:	2010-11-08
status:	unpublished
citation:
Document Size:	15318

4132 STATE OF NEW JERSEY v. DESHAWN M. WORTHEY -- rank: 266

... WORTHEY, Defendant-Appellant. __________________________ Submitted January 13, 2020 – Decided April 2, 2020 Before Judges Messano and Susswein. On appeal from the ... Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant raises the following contention for our consideration: THE LOWER ... thus impermissibly 'double counted' his criminal record. A-2905-18T1 2 We reject that contention. We have reviewed the record in ... affirm the sentence unless (1) the sentencing guidelines were violated; (2) the aggravating and mitigating factors found by the sentencing court ... his criminal history and the role his prior offenses play ed in determining his seven-year NERA sentence. The sentencing court ... on a qualitative rather than quantitative analytical process. State v. L.V., 410 N.J. Super. 90, 108 (App. Div. ...

docket:	a2905-18
court:	NJ Superior Court Appellate Division
decided:	2020-04-02
status:	Unpublished
citation:
Document Size:	17126

4133 /usr/local/share/www/libweb/collections/courts/appellate/a4434-18.opn.html -- rank: 266

... Court of New Jersey, Law Division, Hudson County, Docket No. L-4271-18. J. Alvaro Alonso argued the cause for appellant ... Adjustment, 50 N.J. 302, 305 (1967). A-4434-18T4 2 eleven-unit multifamily dwelling at 806 Palisade Avenue in Union ... a conditional use' under the 1974 Union City Zoning Ordinance.2 Between 2004 and 2009, construction work was performed at the ... his complaint, relying on N.J.A.C. 5:23-2.16(b), which invalidates a permit 'if the authorized work ... of the work, Price alleged that because 'all construction was 2 The 2004 resolution specified that the site was 'located in ... to meet the standard enunciated in Crowe v. De Gioia, 90 N.J. 126 (1982). The judge then set a ...

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4134 STATE OF NEW JERSEY v. SHAWN J. O'MALLEY -- rank: 266

... 2825. Joseph E. Krakora, Public Defender, attorney for appellant (Jay L. Wilensky, Assistant Deputy Public Defender, of counsel and on the ... then blurted out that he had "just smoked a blunt 2 inside the house," and queried, "that's not illegal, is ... U.S. 752 , 756, 89 S. Ct. 2034 , 2036, 23 L. Ed.2d 685 , 689-90 (1969); State v. Dangerfield , 171 N.J. 446 , 461 (2002 ... The record does not disclose Officer Wark's first name. 2 A blunt has been defined as "a cigar shell ...

docket:	a1773-15
court:	NJ Superior Court Appellate Division
decided:	2017-02-24
status:	unpublished
citation:
Document Size:	19282

4135 IN THE MATTER OF STEVEN TORRES, ESSEX COUNTY CORRECTION OFFICER -- rank: 266

... of continuous permanent service. N.J.A.C. 4A:4-2.6(b) provides "applicants for promotion from entry level law ... N.J. Super. 324 , 334 (App. Div. 1981), modified by 90 N.J. 361 , appeal dismissed sub nom. Perlman v. Att ... J. , 459 U.S. 1081 , 103 S. Ct. 562 , 74 L. Ed.2d 927 (1982). There is a strong presumption of an ... by November 21, 2007. N.J.A.C. 4A:4-2.6(b). Thus, Torres could not be classified as a ... Torres failed to satisfy N.J.A.C. 4A:4-2.6(b) and correctly classified him as a provisional ...

docket:	a6023-08
court:	NJ Superior Court Appellate Division
decided:	2011-04-01
status:	unpublished
citation:
Document Size:	13454

4136 STATE OF NEW JERSEY v. MICHAEL M. WINTERS -- rank: 266

... No. A-2111-15 (Aug. 3, 2017) (slip op. at 2). The same indictment charged Matilda Marshall as a co-defendant ... Early Release Act, N.J.S.A. 2C:43-7.2. Ibid. We affirmed defendant's convictions and the sentence imposed ... counsel failed to interview Marshall; trial counsel A-1828-20 2 failed to obtain full discovery, in particular, a statement from ... 123, 147 (2011) (quoting Strickland, 466 U.S. at 689–90), he must also demonstrate a 'reasonable probability' that the deficient ... evidentiary hearing under an abuse of discretion standard. State v. L.G.-M., 462 N.J. Super. 357, 365 (App. Div ... counsel failed to adequately confer with defendant, noting defendant 'report[ed] several instances where he and his attorney discussed trial ...

docket:	a1828-20
court:	NJ Superior Court Appellate Division
decided:	2023-06-29
status:	Unpublished
citation:
Document Size:	13060

4137 RYAN RANKIN v. STATE OF NEW JERSEY -- rank: 266

... Court of New Jersey, Law Division, Middlesex County, Docket No. L-5231-14. Nicole M. Grzeskowiak argued the cause for appellants ... applied and tolled the accrual date of plaintiff's claim. 2 NJT and MPA argue that the judge erred because under ... the accrual date . . . [of plaintiff's cause of action] occur[ed] at the time that . . . [he] learn[ed] of that lease agreement." Plaintiff served MPA with the late ... failed to file the claim with the public entity within 90 days of the accrual of the claim except as otherwise ... limitations of [the TCA]," N.J.S.A. 59:1-2, "[g]enerally, immunity for public entities is the rule ...

docket:	a1603-15
court:	NJ Superior Court Appellate Division
decided:	2017-02-15
status:	unpublished
citation:
Document Size:	30970

4138 OCWEN LOAN SERVICING, LLC v. RODNEY O. LEE -- rank: 266

... Stevens & Young, LLP, and Udren Law Offices, attorneys for respondent (L. John Vassalotti, III, on the brief). PER CURIAM In this ... Systems, Inc., (MERS) as nominee for REMI. A-2113-17T1 2 The REMI mortgage was assigned twice. On June 9, 2016 ... and therefore did not possess standing to prosecute the action; 2) failed to properly support its summary judgment motion with competent ... 214 N.J. 76, 91 (2013) (quoting R. 4:46-2(c)). We accord no special deference to the trial judge ... must 'own or control the underlying debt.' Deutsche Bank Nat'l Tr. Co. v. Mitchell, 422 N.J. Super. 214, 222 ... C. Weinstein, New Jersey Practice, Law of Mortgages § 11.2 at 748 (2d ed. 2001)); see also Hyman v. ...

docket:	a2113-17
court:	NJ Superior Court Appellate Division
decided:	2018-11-08
status:	Unpublished
citation:
Document Size:	17783

4139 TOM and GARNETT HUFF v. STEVE HUFF -- rank: 266

... New Jersey, Law Division, Civil Part, Cumberland County, Docket No. L-711-09. Justin R. White argued the cause for appellants ... heavy-duty dump truck for his business, a 1989 Ford L-9000 with a Caterpillar diesel engine. The Ford Motor Company ... merit to warrant extended discussion in a written opinion. R. 2:11-3(e)(1)(E). Accordingly, we affirm substantially for ... v. Yazbo's Sports Cafe , 183 N.J. 386 , 389-90 (2005)). " Res ipsa loquitur is not a theory of liability ... the automatic door functioned, and an engineering expert who 'suggest[ed] several things that might have gone wrong,' but could not ...

docket:	a5649-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-22
status:	unpublished
citation:
Document Size:	26131

4140 LINDA COWLEY v. VIRTUA HEALTH SYSTEM -- rank: 266

... Court of New Jersey, Law Division, Camden County, Docket No. L- 3616-16. Randi S. Greenberg argued the cause for appellants ... to avoid any confusion caused by plaintiffs' common last name. 2 A-4004-16T4 occupation' must submit 'an affidavit of an ... was written requiring that a nasogastric (NG) tube be inserted.2 Pursuant to the physician's order, a nurse inserted the ... tube nor did they contact anyone for instructions, including the 2 Cholecystitis refers to '[i]nflammation of the gallbladder.' Stedman's Medical Dictionary 365 (28th ed. 2006). An NG tube is '[a] tube that is inserted ... of the uterine cavity.' Stedman's Medical Dictionary 941 (28th ed. 2006). 8 A-4004-16T4 The judge concluded that ...

docket:	a4004-16
court:	NJ Superior Court Appellate Division
decided:	2018-09-06
status:	Published
citation:	456 N.J.Super. 278 193 A.3d 330
Document Size:	31395