Case law
Opinions from 1658 to today.
5,442 results
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CHRISTOS DIKTAS VS. PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PUBLIC EMPLOYEES' RETIREMENT SYSTEM)
New Jersey Superior Court Appellate Division · Jun 1, 2021
Diktas acknowledges his service as attorney for the GRA does not qualify him for PERS service credits. The only role as to which his pension eligibility is disputed is the secretarial position. … The ALJ issued an Initial Decision on October 29, 2019, concluding that Diktas had met his burden of establishing his service as a Board Secretary for the GRA was a form of employment and had not been performed under a
Cited 0 timesUnpublishedSTATE OF NEW JERSEY v. MARIO REYES (09-03-0485, HUDSON COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Oct 11, 2022
Defendant's claims are clearly time-barred. Defendant's judgment of conviction was entered on December 11, 2009. Pursuant to Rule 3:22-12, he had until December 11, 2014, to file his PCR petition. … Under the totality of the circumstances, defendant has failed to establish excusable neglect.
Cited 0 timesUnpublishedSTATE OF NEW JERSEY v. W.J.H., III (14-06-1537, OCEAN COUNTY AND STATEWIDE) (RECORD IMPOUNDED)
New Jersey Superior Court Appellate Division · Jun 15, 2022
However, this plain error was not "clearly capable of producing an unjust result." R. 2:10-2. … As a result, the error was not "clearly capable of producing an unjust result . . . ." R. 2:10-2. III.
Cited 0 timesUnpublishedROBYN D. FISHER VS. BOARD OF TRUSTEES (PUBLIC EMPLOYEES' RETIREMENT SYSTEM)
New Jersey Superior Court Appellate Division · Jun 25, 2021
Under both statutory schemes, a member must establish a total and permanent disability in order to qualify for either disability benefit. [Ibid.] … whether the 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
Cited 0 timesUnpublished207 N.J. Super. 388 · New Jersey Superior Court Appellate Division · Jul 16, 1984
"Covered employment" *408 refers to all those private sector jobs qualifying for unemployment compensation. … That amendment purports to establish two high density zones (R-20th and R-20tha) consisting of three parcels.
Cited 5 timesPublishedNew Jersey Superior Court Appellate Division · Feb 24, 2020
The DEP established the HPO, see N.J.A.C. 7:4-1.1, under the New Jersey Register of Historic Places Rules (HPRs), N.J.A.C. 7:4- 1.1 to -8.9, to administer aspects of the HPA. … The study found that the expanded area qualified as an area in need of redevelopment.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · May 10, 2017
The Law Guardian representing Tab on this appeal asserts the Division did not establish that Tab was an abused or neglected child. … Again, it's the lower back but clearly not anyplace else.
Cited 0 timesUnpublishedULISSA POKHAN v. STATE FARM INSURANCE CASUALTY COMPANY (L-0116-16, HUDSON COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Sep 19, 2022
And she clearly tried to mislead her as to something that seemed to justify what looked like misstatements in the application." Pokhan, slip op. at 7-8. … Although satisfied Pokhan's statements to the investigator qualified as willful misstatements, we found there was nothing in the trial record to permit a factfinder to assess whether the misstatements were material under
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Jul 20, 2017
s departure time was not established. … s awareness of that risk is clearly supported by the record, but removal by the Division is not a risk cognizable as gross negligence.
Cited 0 timesUnpublished397 N.J. Super. 8 · New Jersey Superior Court Appellate Division · Nov 27, 2007
It must also appear that the examiner is qualified and the test administered in accordance with established polygraph techniques. [ Id. at 46 , 297 A. 2d 849 .] State v. … Allowing an "expert" to opine on a defendant's truthfulness in answering questions asked out of court clearly invades the jury's exclusive province as fact-finder.
Cited 1 timesPublishedSTATE OF NEW JERSEY VS. EDWIN ANDUJAR (15-05-1096, ESSEX COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Feb 24, 2020
This issue was clearly raised by defense counsel at trial. … The State contended that confirming whether jurors are qualified to serve falls under the enforcement power granted to a county prosecutor by N.J.S.A. 2A:158-5. Id. at 15.
Cited 0 timesPublishedDcpp v. B.C. and A.A., in the Matter of the Guardianship of A.A. and J.A.
New Jersey Superior Court Appellate Division · Apr 2, 2024
The court's finding under prong two that it was "clearly convinced" Bianca "continued to abuse opiates and cocaine . . . … The Division clearly investigated KLG alternative options, but the record demonstrates no family members qualified.
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. KEITH LEWIS (08-12-0915, SOMERSET COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Nov 7, 2019
Thus, according to the judge, defendant "clearly establishe[d] [both] the performance" and "the prejudice prong of the Strickland test." … Under the Strickland ineffective-assistance-of-counsel analysis, [defendant] was completely denied the right to counsel which clearly establishes the performance prong
Cited 0 timesUnpublishedSTATE OF NEW JERSEY v. JOHN L. STURDIVANT 3RD (18-02-0115, GLOUCESTER COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jan 14, 2022
The opinion establishes best practices for police to use when administering eyewitness identification procedures. … A trial court's exercise of discretion in accordance with sentencing principles "should be immune from second-guessing." State v. Bieniek, 200 N.J. 601, 612 (2010).
Cited 0 timesUnpublishedMancini v. Township of Teaneck
349 N.J. Super. 527 · New Jersey Superior Court Appellate Division · Apr 2, 2002
POINT VII MANCINI'S RETALIATION CLAIM SHOULD BE DISMISSED AS A MATTER OF LAW BECAUSE SHE FAILED TO ESTABLISH A PRIMA FACIE CASE. … It does not "clearly and convincingly appear[ ] that there was a miscarriage of justice under the law." Baxter v. Fairmont Food Co., 74 N.J. 588, 596 , 379 A. 2d 225 (1977) (quoting R. 4:49-1(a)).
Cited 39 timesPublishedNIKKI CORDERO VS. FITNESS INTERNATIONAL, LLC (L-0641-18, ESSEX COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Nov 10, 2021
here ostensibly established both receipt of the agreement as well as her agreement with its terms. … [by] whether the arbitration provision qualifies [on its own] as a valid and enforceable contract." Martindale, 173 N.J. at 87.
Cited 0 timesUnpublished455 N.J. Super. 365 · New Jersey Superior Court Appellate Division · Jul 13, 2018
If it clearly reveals the Legislature's intent, the inquiry is over. If a law is ambiguous, we may consider extrinsic sources including legislative history. … Under a work release program, qualified prisoners may be employed outside the jail, but when not working, they must be confined to the jail."
Cited 3 timesPublishedNew Jersey Superior Court Appellate Division · Jul 13, 2017
Taneli was qualified without objection as an expert in the field of child and adolescent psychiatry. … She clearly needed some type -- it seemed to me that she clearly needed medication and there was no consistent medication.
Cited 0 timesUnpublishedADA CABALLERO VS. CABLEVISION SYSTEMS CORP. (L-4540-15, HUDSON COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Apr 24, 2019
And, in examining the record, we conclude that plaintiff clearly presented sufficient evidence of a prima facie age discrimination A-2778-17T4 … We found little doubt "that cancer qualifies" as a disability in this setting "regardless of the length of the recuperative period or the temporal consequences." Id. at 576.
Cited 0 timesUnpublishedJennifer Israel v. Board of Review, Department of Labor, and Omni Kids, Inc.
New Jersey Superior Court Appellate Division · Nov 22, 2023
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 … In order to establish good cause, the claimant must have made a reasonable attempt to remove the restrictions pertaining to the refusal.
Cited 0 timesUnpublished
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