Case law

Wood v. DEPT. OF COM. AFFAIRS

243 N.J. Super. 187 · New Jersey Superior Court Appellate Division · Aug 15, 1990

Judge Baime, then of the Law Division, rejected the defendant's contention, concluding that such a view, which would presuppose a legislative intent to immunize members of the Legislature for conduct which has historically … Establishment; allocation within department of state; office defined. There is hereby established in the Executive Branch of the State Government the Office of Administrative Law.

Brown v. State Dept. of Personnel

257 N.J. Super. 84 · New Jersey Superior Court Appellate Division · Jun 12, 1992

N.J.S.A. 11A:5-1(b) establishes the three conditions that must be fulfilled to qualify for the veteran's preference: 1) active service during a time period set forth in the statute, and 2) discharge or release under other … The 1950 amendment added members who served in World War II to those who "shall be entitled to be admitted to examination for promotion;" but this is clearly intended to operate prospectively. [ Id. at 241-42, 75 A. 2d 905

Mutschler v. DEPT. OF ENVIR. PROTECTION

337 N.J. Super. 1 · New Jersey Superior Court Appellate Division · Jan 18, 2001

Prior to construction, the Borough must adopt a Land Use Regulation Program approved municipal resolution clearly listing all these properties. … Therefore, condition seven of the permit issued to West Cape May is clearly valid.

State v. Sheika

337 N.J. Super. 228 · New Jersey Superior Court Appellate Division · Feb 9, 2001

Harrington, 310 N.J.Super. 272 , 708 A. 2d 731 (App.Div.), certif. denied, 156 N.J. 387 , 718 A. 2d 1216 (1998) is clearly misplaced. … If the facts so presented establish a prima facie case of ineffectiveness, defendant should be afforded an evidentiary hearing. *1163 IV. Defendant's remaining arguments clearly lack merit. R. 2:11-3(e)(2).

State v. Laganella

144 N.J. Super. 268 · New Jersey Superior Court Appellate Division · Aug 18, 1976

Clearly the prosecutor of a criminal indictment at trial has wide discretion with respect to the production of proofs. State v. Murphy, 36 N.J. 172, 178 (1961). … The rules of pleading and the various pretrial procedures are directed to facilitating the establishment of truth, which is the ultimate aim in the administration of justice. * * * [ Rutgers L.

Central Hanover Bank & Trust Co. v. Hutchinson

22 N.J. Super. 78 · New Jersey Superior Court Appellate Division · Oct 3, 1952

Hutchinson, Jr., qualified as executors and trustees. McElheny died January 26, 1935, leaving Archibald A. … Upon the death of Hutchinson, Jr., the plaintiffs qualified as successor trustees under the will of Hutchinson, Sr. The Twenty-fourth clause of Hutchinson, Sr.'

State v. MJK

369 N.J. Super. 532 · New Jersey Superior Court Appellate Division · Jun 9, 2004

It was in these aspects of the experts' analyses that the divergence of opinions most clearly exposed the flaws in Joseph's methodology. … Joseph is not, in general, qualified to determine competence to stand trial.

Phuong Nguyen v. Tama

298 N.J. Super. 41 · New Jersey Superior Court Appellate Division · Feb 27, 1997

This was clearly not a net opinion. Defendant also contends that Dr. Giles used the wrong standard of practice and only stated what he thought the standards should be. Dr. … Plaintiff’s eminently qualified principal expert witness as well as her neurological expert clearly established the diagnosis, and this was even confirmed by defendant’s expert.

State v. Vasquez

374 N.J. Super. 252 · New Jersey Superior Court Appellate Division · Jan 4, 2005

Odom, 116 N.J. 65 , 560 A. 2d 1198 (1989), to support his contention that an expert was required in this case to establish his intent to distribute. … Dunbar , the Court may consider that conviction used to qualify him for the extended term.

In Re Civil Commitment of AEF

377 N.J. Super. 473 · New Jersey Superior Court Appellate Division · May 16, 2005

He has — he has some awareness of the way they feel so that he can fake sympathy and establish a semblance of friendship with the victims. … The admission of the opinions expressed in the prior evaluations was clearly harmless in this case.

State v. Provoid

110 N.J. Super. 547 · New Jersey Superior Court Appellate Division · Jun 22, 1970

Accordingly, since both the killer and the assailants were on commonly held property (under our assumption but not under the actual facts), defendant had no immunity from the ordinary self-defense doctrine and could not claim … The jury verdict of manslaughter clearly indicates that it did not believe the homicide to have been premeditated.

Weir v. Weir

173 N.J. Super. 130 · New Jersey Superior Court Appellate Division · Feb 21, 1980

Mey involved a question of distribution of a trust fund established for defendant before he had attained the age of 21. … In that respect the case before me and the Mueller case are clearly distinguishable from Kruger .

Wynwood Condominium Ass'n v. Twin Trees Development Co.

250 N.J. Super. 510 · New Jersey Superior Court Appellate Division · May 15, 1991

Clearly, N.J.S.A. 46:8B-9(f) was enacted to protect condominium homeowners, with regard to the common elements of the project. … This statute, however, has been construed to confer municipal immunity only for discretionary mistakes, not clerical ones. Tontodonati v.

L.B. v. S.B.J.

New Jersey Superior Court Appellate Division · Feb 28, 2025

s parenting time until he could establish L.B. … Our limited scope of review in domestic violence cases is well established.

McCrink v. West Orange

85 N.J. Super. 86 · New Jersey Superior Court Appellate Division · Oct 5, 1964

The town clerk, pursuant to N.J.S.A. 40:69A-187, examined the petition and, after determining that it bore a proper statement of the circulator and had been signed by a sufficient number of qualified voters, certified it … Although defendants-appellants now claim that all they intended by this language was to indicate their objection to any salary increase, the proposed ordinance clearly indicates an intention that the governing body may neither

DEL PRIORE v. Edison Tp.

425 N.J. Super. 440 · New Jersey Superior Court Appellate Division · Mar 29, 2012

an evidentiary hearing was desirable in order to establish the Township's reasons for its actions. … Clearly, if the Township continued to grant fully retroactive refunds, there would either be less money for other needs or it would be necessary to raise additional tax monies from non-exempt taxpayers.

Doe v. Bridgeton Hospital Assoc., Inc.

130 N.J. Super. 416 · New Jersey Superior Court Appellate Division · Oct 7, 1974

The point was raised and clearly decided against the pregnant female and her physician in Doe v. Bellin Memorial Hospital, 479 F. 2d 756 (7 Cir.1973). … Both of these cases are clearly distinguishable.

New York SMSA Limited Partnership v. BOARD OF ADJUSTMENT OF THE TOWNSHIP

324 N.J. Super. 166 · New Jersey Superior Court Appellate Division · Aug 3, 1999

Plaintiff's application clearly violated the prohibition against towers within 200 feet of any residential zone. … Under the ordinance, it was plaintiff's obligation to establish a need for the new facility at the proposed location.

State v. Jackmon

305 N.J. Super. 274 · New Jersey Superior Court Appellate Division · Oct 31, 1997

Ill Defendant argues that the trial court’s jury charge on accomplice liability did not comply with principles established in State v. … In this respect, the State contends that defendant’s guilt of felony-murder “clearly indicates the jury considered defendant as a principal.”

In re Paterson Redevelopment Agency

141 N.J. Super. 414 · New Jersey Superior Court Appellate Division · May 4, 1976

All of these five qualified on the basis of more than a year’s service for the Housing Authority of the City of Paterson. … The Eedevelopment Agency clearly falls within this definition. It is engaged in service to the public for one municipality and its revenue is derived from other than State funds.