Case law

State, in Interest of Dg

174 N.J. Super. 243 · New Jersey Superior Court Appellate Division · May 19, 1980

question as to whether the records should be turned over if petitioner actually sought counseling from Catholic Services, the DYFS caseworker and MHS' representative indicated that they were concerned that D.G. had already established … Indeed, the only item petitioner seeks which would qualify as a court record is a report *249 prepared by DYFS at the court's request, which was filed with the court, thereby becoming a court record.

Combs v. Board of Review

269 N.J. Super. 616 · New Jersey Superior Court Appellate Division · Jan 21, 1994

The claimant normally has the burden of establishing entitlement to unemployment compensation. Rider College v. … Here the record was established exclusively through the claimant. She testified that after Ms.

Liebeskind v. MAYOR AND MUN. COUN.

265 N.J. Super. 389 · New Jersey Superior Court Appellate Division · Jun 23, 1993

He concluded that afternoon meetings are permissible and that caucuses do not qualify as public meetings. … Clearly, however, challenge to an ordinance enacted on July 17, 1991 could not have been raised in the prior case which was heard on June 26, 1991.

City of Hackensack v. Winner

162 N.J. Super. 1 · New Jersey Superior Court Appellate Division · Jul 31, 1978

The testimony in both hearings clearly was to the effect that the charging parties were active members of the union representing the fire fighters and participated vigorously and to varying extents in the contract negotiations … For instance, if a promotional list had expired, or if the party was not otherwise qualified, or if there were no budgeted vacancy, an affirmative promotion order by PERC would not seem appropriate.

In Re Hospitalization of Patterson and Bohuk

156 N.J. Super. 91 · New Jersey Superior Court Appellate Division · Feb 1, 1978

Nor does the quoted section clearly say the court shall select the institution for treatment. … She *96 is assisted by division directors "who shall be qualified by training and experience." N.J.S.A. 30:1-9.

State v. Bishop

429 N.J. Super. 533 · New Jersey Superior Court Appellate Division · Feb 27, 2013

The legislation that followed created special probation, as distinguished from, regular probation, and established the new resen-tencing provision applicable upon revocation of special probation. … The plea agreement in these cases must clearly indicate that the defendant has been given an alternative offer and must set forth the state prison sentence that was being offered as the alternative to the drag court program

ANGELA PRESTOL VS. HENPAL REALTY ASSOCIATES, LLC (L-3643-17, BERGEN COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Mar 23, 2021

[and] was nothing more than a 'minor imperfection' that clearly did not create a 'substantial' risk of injury." … First, plaintiffs failed to present competent evidence to establish the length of time the pothole existed. The Google Maps photographs, most of which are undated, do not clearly identify the pothole.

JOY DESANCTIS VS. BOROUGH OF BELMAR (L-3550-15, MONMOUTH COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jul 9, 2018

case such ordinance shall remain inoperative until a proposition for the ratification thereof shall be adopted, at an election to be held for that purpose, by a majority of the qualified … The printed phrasing of said question on the ballots shall clearly set forth the true purpose of the matter being voted upon.

Alexander Nicolas v. Trenton Board of Education

New Jersey Superior Court Appellate Division · Jan 17, 2024

Indeed, the job descriptions in the record clearly state a candidate "shall . . . … As noted, plaintiff was simply not qualified for the positions he sought.

Mayles v. Wentlejewski

337 N.J. Super. 466 · New Jersey Superior Court Appellate Division · Mar 1, 2001

In the ease before us, defendant was clearly proceeding to make a left turn, as his directional signal was activated and he had entered the intersection. … We conclude that the judge’s calculation of plaintiffs damages after additur was correct, accepting the ratio of seat-belt damages to total damages as established by the jury: 74% to 26%. *473 Our analysis of the evidence

State of New Jersey v. Eric T. Seddens

New Jersey Superior Court Appellate Division · Apr 2, 2026

That said, we reiterate that certain prior bad acts may be admissible as proof of identity under New Jersey law without qualifying as "signature crimes." … We do not regard the reference as one that would have been "clearly capable" of leading to an unjust verdict. R. 2:10-2.

MacK v. PASSAIC VALLEY WATER COM'N

294 N.J. Super. 592 · New Jersey Superior Court Appellate Division · Nov 6, 1996

It objectively qualifies the degree of dysfunction that is being displayed. … Goldstone, an orthopedist, said in a report of February 14, 1995 that: With respect to the musculoskeletal aspects of her complaints, chiefly with relation to the shoulders, neck and back, there are clearly no musculoskeletal

Asbury Park Bd. of Educ. v. NJ DOE

369 N.J. Super. 481 · New Jersey Superior Court Appellate Division · Jan 26, 2004

This paragraph clearly directs the DOE to determine preliminary maintenance budget figures on the basis of the Abbott districts' "2002-03 approved budget[s]" *1081 plus an estimate of the supplemental funding needed to support … Appellants argue that the DOE's definition of "non-instructional program" conflicts with the July 23rd order because it adds to the Court's definition a requirement that to be immune from effectiveness and efficiency review

State v. Wade

89 N.J. Super. 139 · New Jersey Superior Court Appellate Division · Oct 1, 1965

United States, supra ( 362 U.S., at p. 261 , 80 S.Ct., at p. 731 ): "In order to qualify as a `person aggrieved by an unlawful search and seizure' one must have been a victim of a search or seizure, one against whom the search … Clearly, however, it does not contract those limits. Where the premises are those of the accused he has the requisite standing. Harris v.

In re the Guardianship of K.H.O.

308 N.J. Super. 432 · New Jersey Superior Court Appellate Division · Feb 20, 1998

To qualify for federal funding, the Child Welfare Act requires that states demonstrate they have made “reasonable efforts” at preventing the removal of the child from the home and reunifying the family once the child has … If DYFS is to terminate such relationships, it must establish the basis to do so in each case. It has not done so here.

State v. Ernst & Young, LLP

386 N.J. Super. 600 · New Jersey Superior Court Appellate Division · Jul 25, 2006

BearingPoint is the next qualified bidder. It is the next lowest cost and highest technical rank of the responsive bidders. … Although he never specifically addressed the legal criteria that applied to the State's damages claim, he clearly adopted a standard of reasonable care.

State v. Ball

381 N.J. Super. 545 · New Jersey Superior Court Appellate Division · Dec 9, 2005

Irrespective of counsel's advice, the trial judge clearly instructed defendants regarding their right to testify: You have good attorneys, experienced attorneys and you should pay very careful attention to their advice. … A defendant must, of course, present a "colorable claim" of racial profiling to qualify for discovery, Kennedy, supra, 247 N.J.Super. at 25 , 588 A. 2d 834 , but, here, the State has conceded that defendant has done so for

Cervase v. Kawaida Towers, Inc.

124 N.J. Super. 547 · New Jersey Superior Court Appellate Division · Jul 10, 1973

The pertinent text of the resolution follows: WHEREAS, pursuant to R.S. 55:16-1 et seq., the promoters of Kawaida Towers, Inc., represent that Kawaida Towers, Inc., will be incorporated and duly qualified under the State … The Legislature clearly had this purpose in mind when it authorized municipalities to confer tax exempt status upon limited dividend non-profit housing corporations.

State of New Jersey v. Ismael Lorenzo

New Jersey Superior Court Appellate Division · Jul 2, 2024

For the defendant to establish a medical necessity for the legal possession of marijuana, he must present evidence that he is a qualified patient in New Jersey for the issuance of a … We will only reverse if the error "is of such a nature as to have been clearly capable of producing an unjust result." R. 2:10-2.

Brian Laul, Sr. v. Instant Air Heating & Cooling

New Jersey Superior Court Appellate Division · Aug 22, 2024

Sheref Hassan, an orthopedic surgeon at the Landa Spine Orthopedic Center who was qualified as an expert in the field of orthopedic medicine. … "[T]his logical relationship generally must be established by appropriate expert medical opinion." Ibid.