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4141 IN THE MATTER OF ALFRED N. AREZZO -- rank: 266

... with violating three subsections of N.J.A.C. 4A:2-2.3(a), the civil service administrative code provision that enumerates causes for major discipline: (a)(2), insubordination; (a)(6), conduct unbecoming a public employee; and (a ... Liston's directives as well as appellant's testimony "show[ed] a clear disdain for his superior[.]" Finding that "[t]his ... our scope of review is guided by three major inquiries: (l) whether the agency's decision conforms with relevant law; (2) whether the decision is supported by substantial credible evidence ...

docket:	a0791-12
court:	NJ Superior Court Appellate Division
decided:	2014-11-21
status:	unpublished
citation:
Document Size:	30575

4142 VIRGINIA JEFFRIES v. WHITNEY E. HOUSTON ACADEMY P.T.A. -- rank: 266

... ORANGE BOARD OF EDUCATION, and TERRANCE HARRIS, Defendants. ___________________________________ Argued June 2, 2009 - Decided Before Judges Fuentes and Gilroy. On appeal from ... Court of New Jersey, Law Division, Essex County, Docket No. L-1389-07. Pablo N. Blanco argued the cause for appellant ... establish a prima facie case for invasion of privacy; and 2) the PTA was entitled to immunity pursuant to the Charitable ... or order as a matter of law." R. 4:46-2(c); see also Brill v. Guardian Life Ins. Co. of ... factual, question." Pressler, Current N.J. Court Rules , comment 3.2.1 on R. 2:10-2 (2009). We employ the same standard when ...

docket:	a1888-08
court:	NJ Superior Court Appellate Division
decided:	2009-07-20
status:
citation:
Document Size:	45074

4143 M.I v. B.I. -- rank: 266

... with a court-appointed parenting coordinator to address their issues. 2 Those efforts were not successful. In November 2011, Brad filed ... issue" of her residence and that she "very much want[ed] to go live with her father." Nevertheless, the judge denied ... J. Super. 190 , 194 (App. Div. 2007) (quoting Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. 366 ... order to effect this policy." N.J.S.A. 9:2-4. Both parties here have a fundamental right to "the ... quotation mark omitted). Pursuant to N.J.S.A. 9:2-4, a judge determining custody shall consider the following factors ... J. 147 (1958); Boerger v. Boerger , 26 N.J. Super. 90 , 103 (Ch. Div. 1953)]. Courts should also evaluate the "' ...

docket:	a2935-11
court:	NJ Superior Court Appellate Division
decided:	2013-01-23
status:	unpublished
citation:
Document Size:	26609

4144 PATRICIA McQUEEN v. JAMES BROWN et al. -- rank: 266

... permit at the time the litigation was commenced. See footnote 2 2     Plaintiff's primary residence is in Philadelphia but, for the ... clear language of the statute. Turner v. First Union Nat'l Bank , 162 N.J. 75 , 84 (1999). In determining the ... place for some time" Black's Law Dictionary 1310 (6th ed. 1990). And "[o]ur courts recognize that a person may ... 1     1 The lease is not in the record. Footnote: 2      2 According to the briefs on appeal, plaintiff has since ...

docket:	A1978-99
court:	NJ Superior Court Appellate Division
decided:	2001-07-10
status:	published
citation:	342 N.J. Super. 120
Document Size:	33597

4145 IN THE MATTER OF THE ESTATE OF BRIAN G. PETRONACI -- rank: 266

... other party in the Armed Forces of the United States [2] except as 1 Because of the common surname, we use ... names to refer to the parties and intend no disrespect. 2 Neither Voigt nor Brian was in the Armed Forces. A-3842-21 2 otherwise provided for this Agreement. Both parties understand the full import of this provision. Section 2.2 of the MSA stated that '[e]xcept for the enforcement ... thereof . . . .' Further, the MSA's integration clause, memorialized in section 2.5, stated: This Agreement embodies in its entirety the ...

docket:	a3842-21
court:	NJ Superior Court Appellate Division
decided:	2024-01-10
status:	Unpublished
citation:
Document Size:	30775

4146 STATE OF NEW JERSEY v. TRAVIS LANE -- rank: 266

... U.S. at 444, 86 S. Ct. at 1612, 16 L. Ed. 2d at 707). In New Jersey, the burden is upon ... Div. 1987), aff'd o.b . 224 N.J. Super. 90 (App. Div. 1989)), those with a diminished mental capacity must ... credibility. N.J. Div. of Youth & Family Servs. v. G.L. , 191 N.J. 596 , 695 (2007). The length of defendant ... re going to sacrifice your own life." (19T26-10; 19T25-2 to 9.) The judge also correctly noted defendant's lack ... Act, 384 U.S. 436 , 86 S. Ct. 1602 , 16 L. Ed.2d 694 (1966). (continued) (continued) 2 A-2238- ...

docket:	a2238-07
court:	superior court appellate division
decided:	2010-04-13
status:	unpublished
citation:
Document Size:	32065

4147 JOSEPH CRIVELLI, et al. v. SELECTIVE INSURANCE COMPANY OF AMERICA -- rank: 266

... the Superior Court of New Jersey, Law Division, Monmouth County, L-4358-02. Francis E. Wilton argued the cause for appellants ... to Svenson Custom Exteriors, Inc. for the period from November 2, 1988 to November 2, 1992.     In September 2002 plaintiffs filed a declaratory judgment action ... well as progressive injury from environmental contamination triggering continuous coverage; (2)    the pollution exclusion contained in the policy is inapplicable because ... material fact that precludes summary judgment under Rule 4:46-2, the motion judge is to consider "whether the competent evidential ... S. 242 , 251-52, 106 S. Ct. 2505 , 2512, 91 L. Ed.2d 202 , 214 (1986)). On appeal, we apply ...

docket:	a5649-03
court:	njappellate
decided:	2005-09-27
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	17161

4148 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:	25938

4149 Horace Watson v. City of East Orange -- rank: 266

... in breach of the agreement, justifying his dismissal. (Pp. 4). 2. Even if the LCA did not afford respondent that degree ... IS AGREED AS FOLLOWS: Horace Watson agrees to a ninety (90) day suspension. During said ninety (90) day suspension, Horace Watson will enroll in an approved program ... his employment. The agreement is straightforward. Watson consented to a 90-day suspension, (¶1); he agreed to enroll in an alcohol rehabilitation program, (¶2); he accepted three conditions precedent to his return to work ... was fired because he did not complete the program within 90 days. It certainly behooved Watson to join a program ...

docket:	a-73-01
court:	njsupreme
decided:	2003-02-24
status:
citation:	175 N.J. 442
Document Size:	28493

4150 STATE OF NEW JERSEY v. ANTHONY A. WARREN -- rank: 266

... on charges of burglary, N.J.S.A. 2C:18-2, and theft, N.J.S.A. 2C:20-3a, defendant ... denied , 519 U.S. 1021 , 117 S. Ct. 540 , 136 L. Ed.2d 424 (1996), regarding the disparity in sentence between defendant ... to look for it. Defendant and his co-defendant, James L. Alexander, were arrested a short time later as they pulled ... errors unless "clearly capable of producing an unjust result." R. 2:10-2; State v. Daniels , 182 N.J. 80 , 95 (2004); ...

docket:	a1142-12
court:	NJ Superior Court Appellate Division
decided:	2015-02-18
status:	unpublished
citation:
Document Size:	43561

4151 STATE OF NEW JERSEY v. MAHESHKUM PATEL -- rank: 266

... facts are not entitled to any special deference." Manalapan Realty, L.P. v. T w p. Comm. of Manalapan , 140 N ... sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(2). Defendant also argues in Point I that if we conclude ... same offense." State v. Widmaier , 157 N.J. 475 , 489-90 (1999). Here, the Law Division judge did not make a ... marijuana, 384 U.S. 436, 86 S. Ct. 1602 , 16 L. Ed.2d 694 (1966) The Alcotest instrument used to test ...

docket:	a3558-06
court:	njappellate
decided:	2009-02-26
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	29462

4152 PEDRO CONCEPCION v. NEW JERSEY DEPARTMENT OF CORRECTIONS -- rank: 266

... appellant's request stating: "[t]his matter has been address[ed] repeatedly. There is no change in conditions that would warrant ... denied , 449 U.S. 983 , 101 S. Ct. 400 , 66 L. Ed.2d 245 (1980). We may not vacate an agency's ... J. Racing Comm'n , 202 N.J. Super. 484 , 489-90 (App. Div.), certif. denied , 102 N.J. 337 (1985). We ... sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(1)(E). Nevertheless, we add the following ... in 1993, appellant not having timely appealed that decision. R. 2:4-1(b). Appellant argues next that the DOC ...

docket:	a1899-07
court:	NJ Superior Court Appellate Division
decided:	2008-12-04
status:	unpublished
citation:
Document Size:	32870

4153 ARLENE MARSDEN v. ENCOMPASS INSURANCE CO. -- rank: 266

... the Superior Court of New         Jersey, Law Division, Union County,         L-2686-03.         Edward J. Rebenack argued the cause for         appellant ... submitted to three-party arbitration, plaintiff settled her claim for $90,000 against the tortfeasor during July 2002 and dismissed the ... of an                  uninsured motor vehicle or                  underinsured motor vehicle ; and          (2)     If so, in what amount?     . . . .          (2)     If either party does not consent             to arbitrate these questions ... would not fully             satisfy the covered person's                 claim; and          (2)    An Uninsured Motorists Coverage             claim has been or will be ... the settlement             agreement, we do not:          (1)    Approve the settlement;          (2)    Waive our rights of recovery                 against the person or                     ...

docket:	A2269-03
court:	NJ Superior Court Appellate Division
decided:	2005-01-12
status:	published
citation:	374 N.J. Super. 241 863 A.2d 113
Document Size:	29274

4154 STATE OF NEW JERSEY v. MARIO MANZANAL -- rank: 266

... a deadly weapon, N.J.S.A. 2C:12-1b(2) (count three); third-degree possession of a knife for an ... Release Act (NERA), N.J.S.A. 2C:43-7.2, into which the remaining counts for aggravated assault (counts three ... it was "clearly capable of producing an unjust result." R. 2:10-2; State v. Daniels , 182 N.J. 80 , 95 (2004); State ... J. 392 , 401 (1980) (directing discontinuance of use of Allen 2 charge as inherently coercive); State v. Nelson , 304 N.J ... less one clearly capable of producing an unjust result. R. 2:10-2. Lastly, defendant contends that his eight-year ...

docket:	a5657-09
court:	NJ Superior Court Appellate Division
decided:	2012-05-15
status:	unpublished
citation:
Document Size:	55095

4155 IN THE MATTER OF EDWARD J. ROBINSON -- rank: 266

... levied pursuant to N.J.S.A. 2A:14-1.2 from collecting the unpaid surcharges. Robinson contends that the doctrine ... the agency's decision offends the State or Federal Constitution; (2) whether the agency's action violates express of implied legislative ... to pay a surcharge levied under subparagraph (b) of paragraph (2) of this subsection b., the driving privilege of the driver ... debt pursuant to N.J.S.A. 2A:14-1.2. However, even if the statute of limitations were applicable to ... period did not commence to run until January 1, 1992. 90 N.J. 145 , 151 (1982)(quoting 2 Equity Jurisprudence § 419, at 171-72 (5 th ...

docket:	A3793-04
court:	NJ Superior Court Appellate Division
decided:	2006-01-23
status:	unpublished
citation:
Document Size:	22127