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4306 PHILIP D. D'AMBROSIO - v. DEPARTMENT OF HEALTH AND SENIOR SERVICES -- rank: 239

... Mahwah , 471 U.S. 1136 , 105 S. Ct. 2677 , 86 L. Ed.2d 696 (1985). Nevertheless, the plain language of the EMS ... providing EMT-A or EMT-D testing and training activities, (2) making recommendations for changes in emergency medical services testing and ... shall, if application is made to the appropriate municipality within 90 days of the effective date, be certified by the governing ... and Corrections Committee Statement to A . No. 1301 (enacted as L. 1987, c. 122).] These provisions, logically construed, indicate that the ... supplementing Title 26 of the Revised Statutes, and repealing P.L. 1973, c. 229." See N.J.S.A. 26: ...

docket:	a0914-07
court:	NJ Superior Court Appellate Division
decided:	2008-10-29
status:	published
citation:	403 N.J.Super. 321 958 A.2d 110
Document Size:	95897

4307 IN THE MATTER APPLICATION OF ROMEO A. MOLINA -- rank: 239

... of the Waterfront Commission of New York Harbor, Docket No. L-3620. Miller, Meyerson, Schwartz & Corbo, attorneys for appellant Romeo A ... reasonable doubt. In re Winship , 397 U.S. 358 , 362, 90 S. Ct. 1068 , 1071, 25 L. Ed.2d 368 , 374 (1970). Nevertheless, there was ample support for the judge's findings, including L.P.'s testimony and the admissions of Molina himself. The ... therefore, clearly not capable of producing an unjust result. R. 2:10-2. Affirmed. (continued) (continued) 5 A-4806-05T2 ...

docket:	a4806-05
court:	njappellate
decided:	2007-02-26
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	19138

4308 OMNIPOINT COMMUNICATIONS, INC v. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF WALL -- rank: 239

... Court of New Jersey, Law Division, Monmouth County, Docket No. L-5153-04. Richard Stanzione argued the cause for appellant (Hiering ... 75 acre lot owned by Jersey Central Power & Light (JCP&L). Telecommunications facilities are a permitted conditional use in the Township's GI-2 zoning district. However, because Omnipoint's proposal for the tower ... carries with it a presumption that its members have "act[ed] fairly and with proper motives and for valid reasons." Ibid ... Cellular Tel. Co. v. Bd. of Adjustment of Harrington Park , 90 F. Supp.2d 557 , 563 n.5 (D.N.J ... Omnipoint I , supra , No. A-2006-05T5 (slip op. at 2) (emphasis added), we stated: "Omnipoint's proposed facility deviates ...

docket:	a4677-07
court:	superior court appellate division
decided:	2009-08-17
status:	Unpublished
citation:
Document Size:	41460

4309 TEODORO LOPEZ v. PALIN ENTERPRISES -- rank: 239

... Court of New Jersey, Law Division, Essex County, Docket No. L-4903-12. Walter F. Kawalec, III, argued the cause for ... Kawalec, III and Eric R. Brown, on the briefs). Marc L. Dembling argued the cause for respondent (Methfessel & Werbel, PC, attorneys; Marc L. Dembling and Olivia R. Licata, of counsel and on the ... party complaint as Liberty Mutual Insurance Company. A-0886-17T4 2 from an order compelling it to provide primary insurance to ... strictly construed against the draftsman.' In re Estate of Miller, 90 N.J. 210, 221 (1982). Importantly, even the judge recognized ... civil remedy or criminal punishment.' Black's Law Dictionary (10th ed. 2014). III. Finally, the language of the insurance policies ...

docket:	a0886-17
court:	NJ Superior Court Appellate Division
decided:	2018-12-05
status:	Unpublished
citation:
Document Size:	19919

4310 IN THE MATTER OF THE CIVIL COMMITMENT OF F.T. -- rank: 239

... Submitted May 27, 2008 - Decided Before Judges Collester and C. L. Miniman. On appeal from Superior Court of New Jersey, Law ... to 1983 when he was seventeen years old. On December 2, 1983, F.T. was arrested on first-degree aggravated sexual ... Commitment of J.M.B. , 395 N.J. Super. 69 , 90 (App. Div) (quoting In re Commitment of J.P. , 339 ... a clear abuse of discretion.'" In re Commitment of M.L.V. , 388 N.J. Super. 454 , 465 (App. Div. 2006 ... U.S. 346 , 361, 117 S. Ct. 2072 , 2082, 138 L. Ed.2d 501 , 515 (1997); State v. Bellamy , 178 N. ...

docket:	a3825-05
court:	NJ Superior Court Appellate Division
decided:	2009-01-21
status:	unpublished
citation:	199 N.J. 130 970 A.2d 1047
Document Size:	23964

4311 NJM INSURANCE COMPANY v. DIODELCY FERMIN -- rank: 239

... Court of New Jersey, Law Division, Monmouth County, Docket No. L-3312-13. Eric S. Poe argued the cause for appellant ... assault by auto, N.J.S.A. 2C:12-1c(2), and causing injury while driving either unlicensed or with a ... or order as a matter of law." R. 4:46-2(c). On review of the grant of summary judgment, we ... same standard [of review] that governs the trial court.'" Mem'l Props., LLC v. Zurich Am. Ins. Co. , 210 N.J ... omitted). We review matters of law de novo . Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. 366 ... truck, 'short of theft or the like[,] while it remain[ed] in his possession' would have provided the basis for ...

docket:	a1996-14
court:	NJ Superior Court Appellate Division
decided:	2016-07-25
status:	unpublished
citation:
Document Size:	19449

4312 STATE OF NEW JERSEY v. RAYMOND MORALES -- rank: 229

... degree burglary, contrary to N.J.S.A. 2C:18-2(a)(1), and third-degree theft by unlawfully taking or ... Wade , 388 U.S. 218 , 87 S. Ct. 1926 , 18 L. Ed.2d 1149 (1967), on the admissibility of certain identification evidence ... more than two hours after an event. Id. at 289-90. If there is some actual proof of suggestiveness, the court ... trial is without sufficient merit to warrant further discussion. R. 2:11-3(e)(2). III. Next, defendant argues that the trial judge improperly ...

docket:	a4024-14
court:	NJ Superior Court Appellate Division
decided:	2016-12-28
status:	unpublished
citation:
Document Size:	25801

4313 STATE OF NEW JERSEY v. MICHAEL MOBLEY -- rank: 229

... warrant only the following comment in a written opinion. R. 2:11-3(e)(2). We find no "plain error" warranting reversal of the convictions ... reasonable doubt, In re Winship , 397 U.S. 358 , 364, [ 90 S. Ct. 1008 , 1072, 25 L. Ed.2d 368 , 379] (1970)," the judge did not instruct otherwise ... v. Madden , 61 N.J. 377 , 397-98 (1972); R. 2:10-2. Given defendant's record, including a prior ...

docket:	a1130-06
court:	NJ Superior Court Appellate Division
decided:	2008-12-31
status:	unpublished
citation:	198 N.J. 317 966 A.2d 1081
Document Size:	35823

4314 STATE OF NEW JERSEY IN THE INTEREST OF JUVENILE, I.C. -- rank: 229

... Public Defender, attorney for respondent/cross-appellant I.C. (Jennifer L. Gottschalk, Designated Counsel, on the brief). The opinion of the ... first attend and complete the Southern Residential Community Home program. 2 The judge further ordered that upon I.C.'s completion ... aggravated assault, N.J.S.A. 2C:12-1(b)(2) (charge one); third-degree possession of a weapon for an ... school grounds, N.J.S.A. 2C:39-5(e)(2) (charge three); and fourth-degree criminal trespass, N.J.S ... conditions of I.C.'s participation in the JISP "parallel[ed] the restrictions of incarceration." Specifically, the judge stated that after ... substance abuse or mental health treatment, and victim restitution. Ibid. 2 "[P]robationers" assigned to the all-male Southern Residential ...

docket:	a5119-13
court:	NJ Superior Court Appellate Division
decided:	2016-09-19
status:	published
citation:	447 N.J.Super. 247 146 A.3d 1245
Document Size:	41276

4315 UMAR M. ALI KHAN v. NEW JERSEY DEPARTMENT OF CORRECTIONS -- rank: 229

... 0537-13 (App. Div. Dec. 5, 2014) (slip op. at 2). On January 2, 2015, a rehearing was held, at the conclusion of which ... to make a statement, call witnesses, and confront adverse witnesses. 2 With respect to the two charges, Ali-Khan testified that ... 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). ...

docket:	a2627-14
court:	NJ Superior Court Appellate Division
decided:	2016-12-06
status:	unpublished
citation:
Document Size:	17853

4316 DERRICK LENNON v. NEW JERSEY DEPARTMENT OF CORRECTIONS -- rank: 229

... 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). Furthermore ... of the sneakers ($52.00), a five percent mark-up ($2.60) that is imposed, pursuant to a DOC internal management ... 30:4-15.1 and N.J.A.C. 10A:2-2.2. The DOC has represented that it will reimburse $ ...

docket:	a2590-08
court:	NJ Superior Court Appellate Division
decided:	2010-03-23
status:
citation:
Document Size:	28648

4317 STATE OF NEW JERSEY v. CHRISTOPHER J. BARLOW -- rank: 229

... while intoxicated (DWI), N.J.S.A. 39:4-50.2, after a trial de novo in the Law Division. We ... stayed at a constant distance and my speedometer was between 90 and 95 miles an hour. . . . . Q. From making that observation ... POINT I THE CALIBRATION CERTIFICATES MARKED S-1 AND S-2 WERE INAPPROPRIATELY ALLOWED TO BE REFERENCED, UTILIZED, AND OTHERWISE MARKED ... merit to warrant extended discussion in a written opinion. R. 2:11-3(e)(2). Accordingly, we affirm with only the following comments. A police ... U.S. 648 , 663, 99 S. Ct. 1391 , 1401, 59 L. Ed.2d 660 , 673 (1979)). This standard requires less ...

docket:	a4132-05
court:	njappellate
decided:	2007-03-12
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	36641

4318 IN THE MATTER TENURE HEARING OF DARLENE DONAHUE -- rank: 229

... document before any Internet access was ever made available." Section L.8 of the computer policy prohibits students and teachers from ... that they have intentionally violated the Acceptable Use Policy. Section L.4 of the computer policy restricts employees' use of the ... another employee. From: Donahue, Darlene Sent: Monday, June 17, 2002 2:54 PM To: [fellow employee] I'll meet you for ... a fair preponderance of the evidence. See In re Polk , 90 N.J. 550 , 560 (1982). It is undisputed that Donahue ... denied , 419 U.S. 1057 , 95 S. Ct. 640 , 42 L. Ed.2d 654 (1974). The ALJ correctly focused on the ...

docket:	A1636-06
court:	NJ Superior Court Appellate Division
decided:	2008-03-03
status:	unpublished
citation:
Document Size:	94324

4319 STATE OF NEW JERSEY v. THOMAS STILES -- rank: 229

... Early Release Act, N.J.S.A. 2C:43-7.2. On counts two and three, defendant was sentenced to four ... sufficient merit to warrant discussion in a written opinion, R. 2:11-3(e)(2), and we will not discuss them. Accordingly, we affirm defendant ... See State v. Davis , 390 N.J. Super. 573 , 589-90 (App. Div. 2007). Accordingly, the statute covered defendant's conduct ... count two is dismissed under the doctrine of merger), and (2) reconsideration of the sentence on count one pursuant to Natale ... Arizona , 384 U.S. 436 , 86 S. Ct. 1602 , 16 L. Ed.2d 694 (1966). (continued) (continued) 23 A-4513- ...

docket:	a4513-04
court:	njappellate
decided:	2007-10-31
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	82062

4320 DAVID H. CASCIANO VS BOARD OF REVIEW -- rank: 229

... time he left the job. The claimant worked for employer #2 from 3/6/95 through 3/17/95 at which ... claimant left the job to accept a position with employer #2. The claimant would not have left his job with employer ... for which the supporting evidence before the Board See footnote 2 was insubstantial, a reasonable interpretation of the statute compels the ... reasonable, In re Musick , 143 N.J. 206 , 217 (1996); L.M. v. State of New Jersey, Div. of Med. Asst. and Health Servs. , 140 N.J. 480 , 489-90 91995); Metromedia, Inc. v. Director, Div. of Taxation , supra , 97 ... 522 , 529 (1995); Kletzkin v. Borough of Spotswood Bd. of Ed. , 136 N.J. 275 , 278 (1994).     While "the limited ...

docket:	a1516-95
court:	njappellate
decided:	1997-05-16
status:	published
citation:	<a href=
Document Size:	19975