Filters
- njcourts.gov… The parties are fully familiar with how we got to this point in their litigation, thus only a brief summary is … See Ricci, 557 U.S. at 578; see also Griggs v. Duke Power Co., 401 U.S. 424, 431 (1971). Petitioners correctly … and remanded. We do not retain jurisdiction. … a1777-23.pdf … A-1777-23 – GABRIELE SPALLACCI, ET AL. VS. CIVIL …
- A-3229-15T4 Opinionnjcourts.gov… Commitment of J.M.B., 395 N.J. Super. 69, 76-82 (App. Div. 2007), and the Supreme Court's opinion affirming our … presents the following issues for our consideration: POINT I: THE ORDER DENYING POST-CONVICTION RELIEF SHOULD BE … second petition was time-barred. Affirmed. … a3229-15.pdf … A-3229-15T4 …
- A-4080-19 Opinionnjcourts.gov… 8 A-4080-19 On appeal, plaintiff raises the following points for our consideration: POINT I: PURSUANT TO [RULE] … the Chancery Division and the Law Division have concurrent power to afford plenary legal and equitable relief in order … a written opinion. R. 2:11-3(e)(1)(E). Affirmed. … a4080-19.pdf … A-4080-19 …
- A-2158-15T4 Opinionnjcourts.gov… Re-Insurance Company (NJMRe), appeals, raising numerous points of evidentiary error. We reject all but one. We agree … testimony of Chetney's erectile dysfunction was emotionally powerful evidence. His wife testified movingly about her … and remanded. We do not retain jurisdiction. … a2158-15.pdf … A-2158-15T4 …
- njcourts.gov… defendant to kill Julius and defendant fired a handgun "at point blank range" into Julius's car knowing "there [were … were not capable of exercising normal physical or mental power of resistance at that point." In applying aggravating … this opinion. We do not retain jurisdiction. … a3228-21.pdf … A-3228-21 – STATE OF NEW JERSEY VS. ANDRE HARRIS …
- A-1056-20 – DANIEL MCBREARTY VS. NEW JERSEY STATE PAROLE BOARD (NEW JERSEY STATE PAROLE BOARD) Opinionnjcourts.gov… term (FET). On appeal, McBrearty raises the following points for our consideration: POINT I THE STATE PAROLE BOARD … McGowan, 347 N.J. Super. at 563. "The discretionary power exercised by the Parole Board, however, is not … we discern no basis to intervene. Affirmed. … a1056-20.pdf … A-1056-20 – DANIEL MCBREARTY VS. NEW JERSEY STATE …
- njcourts.gov… of the Hoboken rent control ordinance grants the Board "powers of equity." The ordinance defines this as "all powers … Protection Act of 1992 (TPA), N.J.S.A. 2A:18-61.40. They point out Hoboken has a critical lack of housing for low- … the cross-appeal. We do not retain jurisdiction. … a0434-22.pdf … A-0434-22 – AMACONN REALTY, INC. VS. RENT LEVELING AND …
- A-2022-10 Opinionnjcourts.gov… (Allied), an affiliated company. Sometime prior to April 2007, Anthony Lam, principal of the defendant entities, … installation payments: "40% deposit[,] 35% at the mid[]way point, balance to be paid upon completion." On August 15, … of counsel fees or the amount fixed. Affirmed. … a2022-10.pdf … A-2022-10 …
- A-1334-20 Opinionnjcourts.gov… They were divorced the following month. 3 A-1334-20 In May 2007, the State moved to modify the August 2006 order. In … have not been returned." Appellant raises the following point on appeal: THE TRIAL COURT'S DECISION STEMMED FROM A … burden under N.J.S.A. 2C:58-3(c)(8). Affirmed. … a1334-20.pdf … A-1334-20 …
- A-21-17 Opinionnjcourts.gov… that the hurdles for reimbursement are unreasonable. They point to the difficulty of expecting members to remember, … to agency rulemaking); In re Herrmann, 192 N.J. 19, 27-28 (2007) (applying standard in quasi-judicial setting). The … in connection with the program. The division shall have the power and authority to make such verification of the …
- A-0573-18T3 Opinionnjcourts.gov… L.G. v. Toms River Reg'l Sch. Bd. of Educ., 189 N.J. 381 (2007), as a student-on-student harassment claim. Defendant … when it does, he looks for two things: 1) "an imbalance of power such as a senior over a freshman" and 2) … charge if it was not complete or accurate. The trial judge pointed to Pensabene's testimony that both boys and girls …
- A-66-18 Opinionnjcourts.gov… they reduced her hours to three hours per week, at which point she left her employment. Flanzman brought suit, … the arbitrator. An arbitrator so appointed has all the powers of an arbitrator designated in the agreement to … Commercial Code (UCC)].” 393 N.J. Super. 55, 76 (App. Div. 2007). In Kas Oriental Rugs, Inc. v. Ellman, the Appellate …
- C-148-19 Opinionnjcourts.gov… (the “Shopping Center”). See Complaint, Exhibit A. In July 2007, Brownmill, LLC (“Brownmill”), as landlord, and … (citing Ferraiuolo v. Manno, 1 N.J. 105, 108 (1948)). The power to grant corporate entities injunctive relief to … necessitate continued supervision by the court. The court pointed out the mandatory injunction “does no more than …
- A-0566-22 – IN THE MATTER OF P.O. STEPHEN MCGEE, ETC. (NEW JERSEY TRANSIT POLICE DEPARTMENT) Opinionnjcourts.gov… of a particular field." In re Herrmann, 192 N.J. 19, 28 (2007). Furthermore, "[w]here there is substantial evidence … Polk, 90 N.J. 550, 578 (1982)). A reviewing court "has no power to act independently as an administrative tribunal or … amount to a violation of procedural due process. E. McGee points to his relative lack of disciplinary history and …
- njcourts.gov… N.J. Super. 182, 193 (App. Div. 2021) (citing Jersey Cent. Power & Light Co. v. Melcar Util. Co., 212 N.J. 576, 587 … v. Prudential Ins. Co. of Am., 192 N.J. 110, 122 (2007) (in CEPA litigation where there was a written … N.J.A.C. 12:56-16.1). It never did so under the WPL. Our point is that for reasons already stated, applying the ABC …
- njcourts.gov… according to the standards specified in the CCP policy manual and the Support Coordination Orientation. 13 Released … of this State’s express policy.” Ibid. This court is empowered to find coexistence amongst promulgated statutes and … this opinion will be uploaded to eCourts. … 10456-2020opn.pdf … 10456-20 - Options Imagined v. Parsippany-Troy Hills …
- njcourts.gov… appeal. As was the case in her prior appeal, plaintiff's points of error lack merit and essentially repeat the same … the record." MacKinnon v. MacKinnon, 191 N.J. 240, 253-54 (2007) (alteration in original) (quoting N.J. Div. of Youth & … legal conclusions are unassailable. Affirmed. … a0474-21.pdf … A-0474-21 – S.M. VS. J.T. (FM-02-1026-13, BERGEN …
- A-2099-17T1 Opinionnjcourts.gov… and sentence, defendant presents the following arguments: POINT I DEFENDANT'S CONVICTION MUST BE REVERSED BECAUSE THE … was substantially incapable of exercising normal or mental power of resistance . . . I also have to couple that with . … judge sentenced defendant accordingly. Affirmed. … a2099-17.pdf … A-2099-17T1 …
- A-2132-17T1 Opinionnjcourts.gov… defendants argue1 1 We have omitted the subparts of these points for brevity's sake. 3 A-2132-17T1 I. THE TRIAL COURT … wanted to display for Cermak's wife the extent of his power in the DOC system by calling the Wagner operations … a written opinion. R. 2:11-3(e)(1)(E). Affirmed. … a2132-17.pdf … A-2132-17T1 …
- njcourts.gov… in Tarr v. Ciasulli, 390 N.J. Super. 557 (App. Div. 2007), aff’d, 194 N.J. 212, 224 (2008) found that the New … the employee should have either (1) broad supervisory powers over the involved employees, including the power to … Charge Section Damages Punitive Damages Charge Document PDF File 8.63.pdf Charge Document DOC 8.63 8.63.docx … …