Case law

Opinions from 1658 to today.

5,442 results

0.46s

  • H.L. v. Division of Medical Assistance and Health Services

    New Jersey Superior Court Appellate Division · Nov 16, 2023

    had failed to meet her burden to show the transfers at issue were solely for a purpose other than to qualify for Medicaid. II. … In short, H.L. failed to provide evidence to rebut the presumption the transfers were made to qualify for Medicaid eligibility.

    Cited 0 timesUnpublished
  • State v. Hester

    357 N.J. Super. 428 · New Jersey Superior Court Appellate Division · Feb 13, 2003

    The judge concluded that defendant qualified for special probation because his circumstances met the legislative purpose behind the program. … Moreover, to rise to the level of "patent and gross abuse of discretion," it must be shown "that the prosecutorial error complained of will clearly subvert the goals underlying" the Drug Court program.

    Cited 3 timesPublished
  • Burnett v. County of Bergen

    402 N.J. Super. 319 · New Jersey Superior Court Appellate Division · Aug 22, 2008

    Names, addresses, lot and block numbers clearly identify the properties. … DYFS, 387 N.J.Super. 423, 431 , 904 A. 2d 747 (App.Div.2006), certif. denied, 189 N.J. 426 , 915 A. 2d 1049 (2007), we articulated a test for whether a party requesting fees under OPRA qualifies as a "prevailing party."

    Cited 4 timesPublished
  • KATHLEEN J. DELANOY VS. TOWNSHIP OF OCEAN (L-4441-14, MONMOUTH COUNTY AND STATEWIDE)

    New Jersey Superior Court Appellate Division · Jan 3, 2020

    In any event, the two written policies are clearly unequal 10 on their face. … We cannot determine on the existing record whether defendants can establish an undue hardship. The trial court did not pass upon the issue.

    Cited 0 timesPublished
  • In Re Baby" M"

    217 N.J. Super. 313 · New Jersey Superior Court Appellate Division · Mar 31, 1987

    No pediatric care for the child was sought nor *351 was she immunized against any of the childhood diseases during this period. On May 20, 1986 Mr. … He cites the phrase "living separate and apart" to qualify his clients. After all, he says the Sterns and Whiteheads are living separate and apart.

    Reversed on other grounds by Matter of Baby M., 109 N.J. 396 (1988)Cited 19 timesPublished
  • Jose Daluz v. Horacio Pereira

    New Jersey Superior Court Appellate Division · Apr 19, 2024

    We decline defendants' invitation to depart from our well-established standards. … Those undisputed events clearly establish both plaintiff and the court understood defendants' counsel's April 13, 2022 filing, while hardly perfect, was a demand for a trial de novo despite the attachment.

    Cited 0 timesUnpublished
  • Coolest Refrigeration, LLC v. Zina's Salads, Inc.

    New Jersey Superior Court Appellate Division · Dec 27, 2023

    The court found Zina's had not met its A-3884-21 6 burden to establish the quantity of the loss. … Totaro involved a dispute where an accountant solicited business from a former employer in an established violation of a non-solicitation agreement. 191 N.J. at 17.

    Cited 0 timesUnpublished
  • In Re Registrant S.O.

    New Jersey Superior Court Appellate Division · Jul 7, 2025

    The court is bound to apply clearly defined statutory terms. State v. S.B., 230 N.J. 62, 68 (2017); see also Van Buren v. … It has no limiting or qualifying language and plainly applies to everyone required to register—adults and juveniles alike." R.H., 258 N.J. at 15.

    Cited 0 timesPublished
  • State v. Rone

    410 N.J. Super. 589 · New Jersey Superior Court Appellate Division · Dec 9, 2009

    Under subsection (1), a lesser-included offense is one that may be "established by proof of the same or less than all the facts required to establish the commission of the offense charged." … "A reviewing court may order a defendant into PTI over the prosecutor's objection, only if the defendant can `clearly and convincingly establish that the prosecutor's refusal to sanction admission into the program was based

    Cited 1 timesPublished
  • STATE TROOPERS FRATERNAL ASSOCIATION OF NEW JERSEY VS. STATE POLICE RETIREMENT BOARD (STATE POLICE RETIREMENT SYSTEM)

    New Jersey Superior Court Appellate Division · Jul 5, 2019

    record contains substantial evidence to support the findings on which the agency based its action; and (3) whether in applying the legislative policies to the facts, the agency clearly … Therefore, "all of appellants' service to the State – including their stints in PERS – qualify as creditable service under this subsection." Id. at 13.

    Cited 0 timesUnpublished
  • DEPARTMENT OF COMMUNITY AFFAIRS, ETC. v. ANTHONY MELIA (NEW JERSEY DEPARTMENT OF COMMUNITY AFFAIRS)

    New Jersey Superior Court Appellate Division · Mar 11, 2022

    A-2297-19 11 The Department concedes that it must demonstrate that Melia does not qualify under the grant-program rules. … It points out, however, the grant programs' policies and procedures clearly state that the applicant must establish that the damaged property was his or her primary residence at the time that Superstorm Sandy struck.

    Cited 0 timesUnpublished
  • Beirne v. Gangemi

    74 N.J. Super. 557 · New Jersey Superior Court Appellate Division · Jun 6, 1962

    There is nothing to support the conclusion that the Walsh Act was inconsistent with the provision of the 1871 Charter of Jersey City establishing that office. … The inclusion of this date in the latter statute was an attempt to establish qualifying dates for tax collectors so that municipalities, as has been said, would be spared the expense of double tax audits, and to make tax

    Cited 12 timesPublished
  • Globe Motor Company and the Margolis Law Firm, LLC Vs. ilya Igdalev and Julia Igdalev

    436 N.J. Super. 594 · New Jersey Superior Court Appellate Division · Aug 7, 2014

    Merely because Povolotsky held Ilya's money does not establish he used those funds when making payment to plaintiffs. … 19 A-0897-12T1 Contrary to the inference sought by defendants, there is no evidence plaintiffs were party to Povolotsky's actions.7 As such, plaintiffs qualified

    Reversed on other grounds by Globe Motor Company v. Ilya Igdalev(074996), 225 N.J. 469 (2016)Cited 4 timesPublished
  • In the Matter of C.R.R.

    New Jersey Superior Court Appellate Division · Mar 6, 2025

    The trial court found Kopacz to be credible as he "spoke clearly and answered all of counsels' questions directly and without hesitation." … We conclude since N.J.S.A. 2C:58-23(f)(1), (2), and (7) unambiguously qualify "history" with the term "any," the statute was meant to be construed expansively.

    Cited 0 timesUnpublished
  • Watkins v. Nelson

    321 N.J. Super. 482 · New Jersey Superior Court Appellate Division · May 28, 1999

    [and that] no other evidence presented during trial established that plaintiff was an unfit parent." … Moreover, no other evidence presented during trial established that plaintiff was an unfit parent.

    Cited 2 timesPublished
  • State of New Jersey v. C.L.

    New Jersey Superior Court Appellate Division · Apr 15, 2025

    The court found, based on defendant's statements and the report of a licensed psychologist, he qualified for treatment under the New Jersey Sex Offender Act, N.J.S.A. 2C:47-1 to -10. … The substance of the court's comments, however, clearly indicate the court intended to refer to N.J.S.A. 2C:47-3(h)(2).

    Cited 0 timesUnpublished
  • M.K. VS. CATASTROPHIC ILLNESS IN CHILDREN RELIEF FUND COMMISSION (CATASTROPHIC ILLNESS IN CHILDREN RELIEF FUND COMMISSION)

    New Jersey Superior Court Appellate Division · Jan 3, 2020

    s child has a medical condition that qualifies for reimbursement of medical expenses from the Catastrophic Illness in Children Relief Fund (Fund) . … Reimbursements for medical expenses are "subject to the rules and regulations established by the [C]ommission . . . ."

    Cited 0 timesUnpublished
  • Segal v. Lynch

    417 N.J. Super. 627 · New Jersey Superior Court Appellate Division · Jan 31, 2011

    Schofel was qualified and on the approved roster of parenting coordinators. … Indeed, parenting coordinator's response to the grievances served a dual purpose: (1) a defense to the charges made against her; and (2) a report to the trial judge establishing the baselessness of the grievances.

    Cited 1 timesPublished
  • In Re Trust of Brown

    213 N.J. Super. 489 · New Jersey Superior Court Appellate Division · Aug 20, 1986

    The trustees of the trust established under the will of Henry Tatnall Brown, deceased, are Robert P. Brown and Provident National Bank. … Paraprofessionals are identified here as qualified persons [2] who perform services under the supervision of an attorney which the attorney would otherwise be obliged to perform, e.g., preparing a tax return or reviewing

    Cited 4 timesPublished
  • In the Matter of R.C.

    New Jersey Superior Court Appellate Division · Dec 23, 2024

    The credible testimony in the record contains ample evidence establishing defendant's history of substance abuse. … Our jurisprudence establishes a FERPO may be predicated in part, on hearsay.

    Cited 0 timesUnpublished

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