Filters
- A-4361-19/A-4371-19/A-4374-19 Opinionnjcourts.gov… to defend. The court specifically relied on the first point in dismissing count one, charging Rodriguez with … in original) (quoting State v. Francis, 191 N.J. 571, 587 (2007)). That may occur when a prosecutor incorrectly or … gov/COVID19/Documents/DCA-AO-2021-06_DCA-W-2021-02.PDF). A "certified medical assistant" is defined as someone …
- A-2859-20 Opinionnjcourts.gov… recorded the HOA's Declaration of Covenants on June 25, 2007, after the Bank's first mortgage was recorded, and in … vests in the Association and its agents the right and power to bring all actions against him/her personally for … purchase." On appeal, the Bank alleges the following error: POINT I THE TRIAL COURT ABUSED ITS DISCRETION IN DENYING …
- A-0122-21 – M.A.D. VS. B.L.D. (FV-13-1369-21, MONMOUTH COUNTY AND STATEWIDE) (RECORD IMPOUNDED) Opinionnjcourts.gov… defendant and immediately opened the bedroom door, at which point defendant yelled out in pain, telling her she hit him … stated she was inside the home and heard defendant power washing in the garage. She went to talk to him and as … State v. Brown, 394 N.J. Super. 492, 504 (App. Div. 2007)); see also N.J.S.A. 2C:25-18. It is "intended to …
- A-1768-20 Opinionnjcourts.gov… to me that everything was done correctly here to the point now where we actually have [the mail carrier] … Iliadis v. Wal-Mart Stores, Inc., 191 N.J. 88, 123 (2007)). Similarly, we review the denial of a motion under … court's broad discretion to employ equitable remedies, the power to set aside a sheriff's sale should be "sparingly …
- A-1126-19 Opinionnjcourts.gov… defendant's car was "stuck, not able to be moved by its own power[,]" and the vehicle was on "active railroad tracks, so … a train [could] come through and strike the vehicle at some point." He further stated the officer finding defendant … 425 (2014) (quoting State v. Elders, 192 N.J. 224, 244 (2007)). "Both the United States Constitution and the New …
- A-5071-17T2 Opinionnjcourts.gov… that "[r]egardless of . . . whether the [MVC] went point-by-point through the RCOA in its denial letters, both … 14, 27 (2011) (quoting In re Herrmann, 192 N.J. 19, 27-28 (2007)). When reviewing an agency's final determination, the … ibid., and the Chief Administrator retains "the power to make the final decision on the merits," ibid. …
- A-3807-21 – STATE OF NEW JERSEY VS. TRAVIS M. GALLO (14-12-1809, BERGEN COUNTY AND STATEWIDE) Opinionnjcourts.gov… Act, N.J.S.A. 2C:43-7.2. In defendant's appeal, he argues: POINT I THE TRIAL COURT ERRED IN DENYING DEFENDANT'S MOTION … him.'" State v. Purnell, 394 N.J. Super. 28, 47 (App. Div. 2007) (quoting Dusky v. United States, 362 U.S. 402, 402 … to protect his own interests given the imbalance of power and wits inherent in police interrogations. It is …
- A-15-19 Opinionnjcourts.gov… to be imposed on individual officers. The Board’s powers and responsibilities can be divided into two … function of local government and further authorizes the appointment of a chief of police with statutorily designated … one excessive force allegation in the six-year period from 2007 through 2012.”1 The day that the DOJ issued its report, …
- A-0572-19T1 Opinionnjcourts.gov… character with the 6 A-0572-19T1 surrounding homes. He also pointed out that there were several undersized lots with … defendant, even though no formal exercise of the power of eminent domain has been attempted by the taking … v. Borough of Avalon, 392 N.J. Super. 499, 509 (App. Div. 2007). The plaintiff is entitled to compensation if it is …
- A-3194-17T1 Opinionnjcourts.gov… and unreasonable, In re Herrmann, 192 N.J. 19, 27 (2007), and reverse. In making this determination, we … restriction, administrative agencies have the inherent power to reopen or to modify and to rehear orders that have … and remanded. We do not retain jurisdiction. … a3194-17.pdf … A-3194-17T1 …
- A-0946-17T3 Opinionnjcourts.gov… Bank v. Graves, 399 N.J. Super. 229, 232 (App. Div. 2007) (quoting Crane v. Bielski, 15 N.J. 342, 346 (1954)). … or rule of court, the Court of Chancery has inherent power to order a sale of mortgaged premises and to control … a written opinion. R. 2:11-3(e)(1)(E). Affirmed. … a0946-17.pdf … A-0946-17T3 …
- A-2073-20 Opinionnjcourts.gov… the arbitrator exceeded or imperfectly executed his powers to set aside the award under N.J.S.A. 2A:24-8(d). In … Twp. PBA Loc. 124 v. Twp. of Middletown, 193 N.J. 1, 10 (2007)). We apply "an extremely deferential review when a … of the parties' prior CNA, the Tier IV rate is the starting point for negotiating the terms of the new CNA. Ibid. …
- A-1438-23 – THOMAS MALONEY VS. BOROUGH OF CARLSTADT (L-3281-21, BERGEN COUNTY AND STATEWIDE) Opinionnjcourts.gov… for the motion judge to address the issue "of whether an appointed public official's private conduct can constitute … sworn, appointed municipal officer who has the full power to arrest and who regularly exercise[s] police powers … v. AHL Servs., Inc., 396 N.J. Super. 486, 494 (App. Div. 2007), overruled in part on other grounds by Wilson ex rel. …
- A-1335-15T1 Opinionnjcourts.gov… the SID statute. Furthermore, we interpret those delegated powers broadly. [Fanelli, supra, 135 N.J. at 591 (citations … Legislature's intent." State v. D.A., 191 N.J. 158, 164 (2007) (citing DiProspero v. Penn, 183 N.J. 477, 492 (2005)). … record. The only evidence before the trial court on this point was a map of Carteret. Accordingly, we decline to …
- A-62-14 Opinionnjcourts.gov… complaint filed in the Superior Court. On March 10, 2007, a police car driven by a sergeant with the Oakland … Initially, the page was open to the public. At a later point, the privacy settings on the account were changed to … the public to voice complaints about attorney behavior, empowers investigatory bodies to review and thoroughly …
- A-40-14 Opinionnjcourts.gov… It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor … 1.pdf (2011 Crash Rates) (stating that, between mileposts … 449, 464, 127 S. Ct. 2652, 2664, 168 L. Ed. 2d 329, 343 (2007)); see also Schad, supra, 160 N.J. at 177. “The First …
- A-4302-18T3 Opinionnjcourts.gov… phone room confirmed this incident. 3 A-4302-18T3 At that point, the aide joined Villanueva and the two men attempted … determination is limited. In re Herrmann, 192 N.J. 19, 27 (2007). "[A] 'strong presumption of reasonableness attaches'" … the uncalled witness is peculiarly within the control or power of only the one party, or that there is a special …
- A-1342-21 - JOSEPH BERARDO VS. CITY OF JERSEY CITY, ET AL. (L-0324-21, HUDSON COUNTY AND STATEWIDE) Opinionnjcourts.gov… mandated by the MLUL to the extent they delegate powers reserved for a municipality's historic preservation … walls, siding on the first floor, and a slate roof. At some point prior to 1982, its main façade was altered … and remanded. We do not retain jurisdiction. … a1342-21.pdf … A-1342-21 - JOSEPH BERARDO VS. CITY OF JERSEY CITY, ET …
- njcourts.gov… it, counsel stated he had represented both the NJSPCA and powers, as well as for advice and directions in making … pandemic," which did not begin until 2020. Additionally, it pointed out while appellant's tax returns indicated funds … of Vander Poel, 396 N.J. Super. 218, 226 (App. Div. 2007)). As the Attorney General correctly noted, a devise …
- A-2442-10 Opinionnjcourts.gov… did not disclaim coverage for Dr. Kumar until June 3, 2007. Lexington's disclaimer was based on a schedule of … the schedule of physicians on file with Lexington. On that point, the policy is ambiguous. As noted above, the primary … the intent of parties with relatively equal bargaining power control. Diamond Shamrock Chems. Co. v. Aetna Cas. & …