Filters
- A-1953-15T3 Opinionnjcourts.gov… appeal appellant has captioned its brief, "Jersey Central Power and Light Company I/P/A First Energy Corporation." 3 … op. at 3-5), and we need not repeat them. We need only point out First Energy disputed a compensable accident had … Bernoskie v. Zarinsky, 394 N.J. Super. 421, 425 (App. Div. 2007) (quoting Restatement (First) of Restitution §74 (Am. …
- A-0115-18T4 Opinionnjcourts.gov… that PSL is illegal because it violates the separation of powers doctrine; (2) defense counsel did not warn defendant … ensued, with defendant presenting the following argument: POINT ONE THE PCR COURT ERRED IN DENYING DEFENDANT AN … 212 N.J. at 540; see State v. Elders, 192 N.J. 224, 244 (2007) ("A trial court's findings should be disturbed only if …
- A-5052-16T1 Opinionnjcourts.gov… of Pensions & Benefits, 390 N.J. Super. 209, 213 (App. Div. 2007)). As we did in N.J.A.C., we acknowledge the plain … this State to provide public officials with appropriate appointment, supervisory and other personnel authority to … N.J.S.A. 11A:1-2(c). Public bodies obviously have the power to remove employees for cause. E.g., . . . N.J.S.A. …
- A-0308-15T3 Opinionnjcourts.gov… Jersey has long recognized a wide variety of context, the power of the Judiciary to prevent some threatening, … Super. 516, 518- 19 (App. Div. 2008) (quoting Janicky v. Point Bay Fuel, Inc., 396 N.J. Super. 545, 549-50 (App. Div. 2007)).] The Supreme Court has also recently addressed this …
- njcourts.gov… at 471. This, in turn, "gives the uninsured driver a very powerful 5 A-1519-23 incentive to comply with the compulsory … initially in either 2001 or 2003. He moved to Maryland in "2007, 2008[,] [a]round that time" and lived there for "eight … home. He remained living in New Jersey from that point on. Critical to the statutory issue before us, …
- njcourts.gov… or plaintiff's claims against defendants. 13 A-2494-23 Point I. The Trial Court Improperly Placed Its Thumbs Upon … VII. 14 A-2494-23 The Trial Court Failed to Exercise its Powers and Jurisdiction Under the Prerogative Writs Clause … Toms River Reg'l Schs., 392 N.J. Super. 80, 87 (App. Div. 2007). "That is, '[w]e generally defer to a trial court's …
- njcourts.gov… 4, 2023 order finding plaintiff "duly exercised its power of eminent domain" under the Eminent Domain Act (EDA), … from a separate December 4, 2023 order directing the appointment of commissioners to fix the compensation due RCC … Dev., Inc. v. Borough of Paulsboro, 191 N.J. 344, 356 (2007)).] Generally, "condemning authorities" are "granted …
- A-2660-15T3/A-4036-15T3 Opinionnjcourts.gov… for judgment, finding the Township had duly exercised its power of eminent domain, and appointing commissioners to determine the compensation. Minke … Ins. Corp. v. Nowell Amoroso, P.A., 189 N.J. 436, 450 (2007) (citation omitted). In any event, "[a] motion for …
- A-4344-15T4 Opinionnjcourts.gov… things, necessitated the Administrator's recusal and the appointment of an independent hearing officer whose decision … retains and reserves unto itself, without limitations, all powers, rights, authority, duties and responsibilities … an order dismissing their complaint. Reversed. … a4344-15.pdf … A-4344-15T4 …
- A-0178-20 Opinionnjcourts.gov… opinion." And plaintiff asserted the Township abused its power under the LRHL by conveying to a portion of the … of the [library's] structures and facilities . . . , and pointedly noted that the brick façade on the entire easterly … v. Twp. of Pennsauken, 395 N.J. Super. 230, 256 (App. Div. 2007); Concerned Citizens of Princeton, Inc. v. Mayor and …
- A-45-21 Opinionnjcourts.gov… opinion." And plaintiff asserted the Township abused its power under the LRHL by conveying to a portion of the … of the [library's] structures and facilities . . . , and pointedly noted that the brick façade on the entire easterly … v. Twp. of Pennsauken, 395 N.J. Super. 230, 256 (App. Div. 2007); Concerned Citizens of Princeton, Inc. v. Mayor and …
- A-5442-17T3 Opinionnjcourts.gov… the parties' children—born September 1, 2005 and July 14, 2007—"such that Wife has custody on Monday and Tuesday, … bus are not utilized." 2 Dr. Patricia Baszczuk was, at one point, the parties' co-parenting therapist. Dr. Charles … arguments that the judge abdicated her decision-making power by requiring the parties discuss the contested issues …
- A-3049-23 – JOHN LAHOUD VS. ANTHONY & SYLVAN CORP., ETC. (L-0967-24, BERGEN COUNTY AND STATEWIDE) Opinionnjcourts.gov… quotation marks and citation omitted). Here, the bargaining power between plaintiff and A&S is unclear in the record. … of the reservation of rights provision. The Delta factors point toward a finding of unconscionability as to the … rel. Baldi v. Reynes, 396 N.J. Super. 553, 560 (App. Div. 2007). Similarly, in Delta, the contract included a …
- A-4517-16T2 Opinionnjcourts.gov… He appeals his conviction, raising the following issues: POINT I THERE WAS NO EVIDENCE THAT GORDON INTENDED FOR … his situation. [State v. O'Neal, 190 N.J. 601, 615-16 (2007) (citations omitted)]. Defendant's subjective intent to … "official authority" referenced in the statute is not "the power of law enforcement officers to make arrests, to seize, …
- A-72/73/74/75/76/77/78/79-16 Opinionnjcourts.gov… the MVCOL to allow the Commission to impose fines in 2007. N.J.S.A. 39:10-20 provides that “[t]he chief … [(ALJ)].” N.J.S.A. 52:14F- 7. The agency head thus “has the power to make the critical decision whether to refer a … merits.” In re Carberry, 114 N.J. 574, 584-85 (1989). “The point remains, however, that it is for the agency head to …
- A-0772-14T2 Opinionnjcourts.gov… who shot R.D. She also could not recall if defendant had pointed the gun at R.D. Da.M. testified there was no third … for a new trial.'" State v. Wakefield, 190 N.J. 397, 446 (2007) (quoting State v. Smith, 167 N.J. 158, 181 (2001)), … sentence, "we will exercise that reserve of judicial power to modify sentences when the application of the facts …
- A-1779-19T3 Opinionnjcourts.gov… opinion. On appeal, the mother argues: 3 A-1779-19T3 [POINT I] THE [JUDGE] LACKED PERSONAL JURISDICTION OVER [THE … to investigate a client's alleged mental incapacity has the power to make legal decisions for the client before a … of Youth & Family Servs. v. B.R., 192 N.J. 301, 305–06 (2007). In a termination case, counsel's performance is …
- A-2573-14T3 Opinionnjcourts.gov… the incident, which he noted was a blue Honda Civic. At one point, he informed police of the robbery and provided a … an unjust result.'" State v. Burns, 192 N.J. 312, 341 (2007) (quoting State v. Jordan, 147 N.J. 409, 422 (1997)). … permit inconsistent verdicts . . . because it is beyond our power to prevent them." Banko, supra, 182 N.J. at 54. Here, …
- A-3323-16T4 Opinionnjcourts.gov… Pagan testified that Paz came looking for Rastatter at some point on Tuesday. Pagan claimed he told Paz, Rastatter … he explained to her the City was "in distress" due to "power outages and manpower shortages," and that the nine to … working suspension in 1997, and written reprimands in 2007 and 2012, did "not mitigate her offenses." Moreover, …
- A-1658-16T1/A-1731-16T1 Opinionnjcourts.gov… abolished in the layoff. Under Title 18A, schools are to appoint "qualified persons to be designated as attendance … 14, 27 (2011) (quoting In re Herrmann, 192 N.J. 19, 27 (2007)). An agency's decision should be upheld "unless there … Under the statute, the attendance officer has "full police power to enforce [the compulsory education laws]" and may …