Search Rutgers Law Library N.J. Court Opinions

76 Paul M. DePascale v. State of New Jersey -- rank: 846

... ratified by enacting L. 1948, c. 391 (eventually codified at N.J.S.A. 43:6-6.4 to -6.10), which provided a ... to replace the various judicial pension programs previously codified at N.J.S.A. 43:6-6.4 to -6.10 and N.J.S.A. 2A:3-21.2 to -21.13. The JRS, codified at N.J.S.A. 43:6A-1 to -47, established procedures that have governed ... of the Supreme Court and judges of the Superior Court. N.J.S.A. 43:6A-5. As the legislative history to the JRS ... imposed a pension contribution requirement on justices and judges. See N.J.S.A. 43:6A-34.1(b) (requiring three-percent deduction ...

docket:	A-34-11
court:	NJ Supreme Court
decided:	2012-07-24
status:
citation:	211 N.J. 40 47 A.3d 690
Document Size:	196419

77 State v. Barrington McDonald -- rank: 846

... sentence motion to withdraw his guilty plea was properly denied. N.J.S.A. 2C:12-1(c)(3)(a), and was issued summonses ... parking lot. Defendant thus contended that he did not violate N.J.S.A. 2C:12-1(c)(3)(a). Applying State v. Slater ... presented facts supporting his assertion that he did not violate N.J.S.A. 2C:12-1(c)(3)(a). The statute provides that ... s objective to ensure student safety, the plain language of N.J.S.A. 2C:12-1(c)(3)(a) does not limit â ... school purposes”; therefore, the Court may refer to legislative history. N.J.S.A. 2C:35-7, a statute with similar language, provides for ... used for school purposes.” In its Official Commentary to N.J.S.A. 2C:35-7, the Legislature instructed that the 1, ...

docket:	A-118-10
court:	NJ Supreme Court
decided:	2012-07-23
status:
citation:	211 N.J. 4 47 A.3d 669
Document Size:	130596

78 In re Petition for Expungement of the Criminal Record Belonging to T.O. -- rank: 846

... State opposed T.O.’s petition and argued that N.J.S.A. 2C:52-2(a) barred expungement for individuals with multiple ... life of rectitude and disassociated himself with unlawful activity.” N.J.S.A. 2C:52-32. Not all convicted individuals, however, are eligible ... have any prior or subsequent conviction for another crime.” N.J.S.A. 2C:52-2(a) (2018) (emphasis added). The parties do ... statutory bar or that the petition should not be granted. N.J.S.A. 2C:52-14 outlines grounds for the denial of an ... the records. (pp. 24-25) 6. Under the version of N.J.S.A. 2C:52-2(a) in effect when the trial court ... a person freed from” limitations the expungement statute provides. See N.J.S.A. 2C:52-14(b); see also N.J.S. ...

docket:	a-55-19
court:	NJ Supreme Court
decided:	0000-00-00
status:
citation:
Document Size:	63348

79 FIELDER V. STONACK -- rank: 846

... that the sections of the Act relied on in Tice , N.J.S.A. 59:5-2b and 3-3, were inapplicable since Tice ... vehicle and an innocent third party. The court held that N.J.S.A. 59:3-3 (section 3-3), which provides immunity for ... applied to the facts before it.     The court held that N.J.S.A. 59:3-3. "We are satisfied . . . that this section does ... N.J. Super. at 236. The court further noted that N.J.S.A. 39:4-91, which states that drivers must yield the ... the officer's car was involved; that the language of N.J.S.A. 59:5-2b supports that conclusion; that such a conclusion ... 495, a finding which would deny immunity under the Act. N.J.S.A. 59:3-14. II     The distinction adopted by the ...

docket:	a-115-94
court:	njsupreme
decided:	1995-07-06
status:
citation:	141 N.J. 101
Document Size:	85979

80 IN THE MATTER OF THE PROPOSED XANADU REDEVELOPMENT PROJECT -- rank: 846

... AND THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION PURSUANT TO N.J.S.A. 5:10-23 AND OF THE SECTION 5(X) CONSULTATION REPORT BY THE NEW JERSEY MEADOWLANDS COMMISSION PURSUANT TO N.J.S.A. 5:10-5(x) WITH RESPECT TO THE PROPOSED PROJECT ... be known as the "New Jersey Sports and Exposition Authority." N.J.S.A. 5:10-4. The Legislature found that the general welfare ... sporting events, trade shows, and other expositions in the State. N.J.S.A. 5:10-2. It further found that the location of ... character of any project under the jurisdiction of the [NJMC ] . . . . [ N.J.S.A. 5:10-5(x) (emphasis added).] The legislative history of the New Jersey Sports and Exposition Authority Law, N.J.S.A. 5:10-1 to -38, indicates that while NJSEA ...

docket:	a0674-04
court:	New Jersey Superior Court Appellate Division
decided:	2008-09-17
status:	published
citation:	402 N.J. Super. 607 955 A.2d 976
Document Size:	109415

81 Communications Workers of America, AFL-CIO v. New Jersey Civil Service Commission -- rank: 846

... inconsistent with the legislative intent of the Civil Service Act, N.J.S.A. 11A:1-1 to -12.6. On December 4, 2013 ... Service Act, including the spirit, intent, or plain meaning of N.J.S.A. 11A:3-1, N.J.S.A. 11A:4-1, or N.J.S.A. 11A:4-8.” The Legislature transmitted the concurrent resolution ... the duties of a title or group of titles.” N.J.S.A. 11A:4-1(a). Such “examinations may include, but ... be in the best interest of the career service.” N.J.S.A. 11A:4-2. Following a competitive examination, the Commission ...

docket:	a_47_16
court:	NJ Supreme Court
decided:	2018-08-08
status:
citation:
Document Size:	201566

82 State v. Darius J. Carter -- rank: 846

... than 100,000 drivers annually have been ticketed for violating N.J.S.A. 39:3-33 (section 33), which includes a prohibition against ... concerns, the Court interprets the statute narrowly and holds that N.J.S.A. 39:3-33 requires that all markings on a license ... State” “be imprinted” on license plates for passenger cars. N.J.S.A. 39:3-33.2. Yet other statutes authorize specialty plates ... license plate for the purpose of evading law enforcement.” N.J.S.A. 39:3-33c (section 33c). The police issue more than ... of its key terms, but amendments to other portions of N.J.S.A. 39:3-33 reflect the Legislature’s concern about the ... in that way presents multiple constitutional issues. The relevant statute, N.J.S.A. 39:3-33, reads in part as follows: “ ...

docket:	a-66-19
court:	NJ Supreme Court
decided:	2021-08-02
status:
citation:
Document Size:	101517

83 J.H. v. RM Tagliareni -- rank: 846

... DCA), for compliance with the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1 to -28, and the Regulations for Maintenance ... regulate the construction and maintenance of hotels and multiple dwellings. N.J.S.A. 55:13A-7 (emphasis added) provides that “[a]ny ... The regulations therefore define with the force of law, see N.J.S.A. 55:13A-7, -9(a), the minimum standards for safety ... guilty to fourth - degree child abuse or neglect, contrary to N.J.S.A. 9:6-1 and -3. B. On October 7, 2014 ... DCA), for compliance with the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1 to -28, and Regulations for Maintenance of ... of Housing Inspection administers the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1 to -28.3 3 According to ...

docket:	a-6-18
court:	NJ Supreme Court
decided:	2019-07-31
status:
citation:	--- A.3d ----
Document Size:	126403

84 Geraldine Murray and Odis E. Murray v. Plainfield Rescue Squad -- rank: 846

... a unanimous Court. In this appeal, the Court determines whether N.J.S.A. 26:2K-29 provides immunity to the Plainfield Rescue Squad ... the Rescue Squad, the trial court found immunity under both N.J.S.A. 26:2K-29 and another statute. The Appellate Division affirmed the judgment, determining that only N.J.S.A. 26:2K-29 shielded the Squad from civil liability. Murray ... intermediate life support services in good faith” as required by N.J.S.A. 26:2K-29, and plaintiffs failed to show that the ... s motion for summary judgment based on statutory immunity under N.J.S.A. 26:2K-29. 207 N.J. 190 (2011). HELD : Although N.J.S.A. 26:2K-29 provides immunity to “officers and ...

docket:	A-128-10
court:	NJ Supreme Court
decided:	2012-07-17
status:
citation:
Document Size:	73967

85 Mark Lewis and Dennis Winslow, et al. v. Gwendolyn L. Harris, etc., et al. -- rank: 846

... do not dispute that New Jersey’s civil marriage statutes, N.J.S.A. 37:1-1 to 37:2-41, which were first ... language in the text of various statutes. See, e.g. , N.J.S.A. 37:1-1 (describing prohibited marriages in terms of opposite-sex relatives); N.J.S.A. 37:2-10 (providing that “husband” is not liable for debts of “wife” incurred before or after marriage); N.J.S.A. 37:2-18.1 (providing release rights of curtesy and ... prohibiting differential treatment based on sexual orientation. See, e.g. , N.J.S.A. 10:5-4 (prohibiting discrimination on basis of sexual orientation); N.J.S.A. 26:8A-1 to -13 (affording various rights to ...

docket:	a-68-05
court:	njsupreme
decided:	2006-10-25
status:
citation:	*CITE_PENDING*
Document Size:	181355

86 State v. F.E.D. -- rank: 846

... considers what showing is required under the Compassionate Release Statute, N.J.S.A. 30:4-123.51e, for a court to order the ... inmate’s suffering from “a permanent physical incapacity,” N.J.S.A. 30:4-123.51e(f)(1). Petitioner F.E.D ... Release on behalf of F.E.D. In accordance with N.J.S.A. 30:4-123.51e(b), the Request included attestations of ... F.E.D. “meets the medical conditions established” by N.J.S.A. 30:4-123.51e. Pursuant to N.J.S.A. 30:4-123.51e(d)(1), the Commissioner issued a ... E.D. filed a petition for compassionate release pursuant to N.J.S.A. 30:4-123.51e. The trial court held an ...

docket:	a-12-21
court:	NJ Superior Court Appellate Division
decided:	2022-08-03
status:
citation:
Document Size:	100834

87 Sundiata Acoli v. New Jersey State Parole Board -- rank: 846

... that governs the determination of Sundiata Acoli’s parole application -- N.J.S.A. 30:4- 123.53, as it existed in 1979 -- the ... in 1973, Acoli first became eligible for parole in 1993. N.J.S.A. 30:4-123.11 (repealed 1997). The Parole Board has ... on parole. The Court reversed on procedural grounds, holding that N.J.S.A. 30:4-123.55(f) required a full Parole Board ... appeal as of right based on the dissent. HELD: Under N.J.S.A. 30:4-123.53 (1979), at the time of Acoliâ ... that [Acoli] will commit a crime” if placed on parole. --- N.J.S.A. 30:4-123.53 (1979). See The Board’s decision ... term of life in prison without the possibility of parole. N.J.S.A. 2C:11-3(b)(2). At the time that ...

docket:	a-73-20
court:	NJ Supreme Court
decided:	2022-05-16
status:
citation:
Document Size:	141453

88 Cherokee LCP Land, LLC v. City of Linden Planning Board -- rank: 846

... “interested party” within the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-4, as applied to the holder of a ... for certification. 230 N.J. 500 (2017). HELD: Pursuant to N.J.S.A. 40:55D-4, a tax lienholder who can show that ... a board of adjustment approving an application for development.” N.J.S.A. 40:55D-17(a). An “interested party” is defined ... action or a failure to act under [this act].” N.J.S.A. 40:55D-4 (emphases added). New Jersey’s courts have ... a “right to use, acquire, or enjoy property.” N.J.S.A. 40:55D-4. The purchaser of the tax sale certificate ... that is materially reducing the value of the property.” N.J.S.A. 54:5-86(c). Therefore, the trial court erred ...

docket:	a_82_16
court:	New Jersey Supreme Court
decided:	2018-08-02
status:
citation:
Document Size:	78261

89 D.D. v. University of Medicine and Dentistry of New Jersey -- rank: 846

... of tort claim under the New Jersey Tort Claims Act, N.J.S.A. 59:8-1 to :12-3 (TCA); and (2) whether ... to reach him, plaintiff retained new counsel in April 2010. N.J.S.A. 59:8-8. Using a totality of the circumstances approach ... found “extraordinary circumstances” to permit a late notice under N.J.S.A. 59:8-9. The trial court considered plaintiff’s medical ... a public entity for damages are governed by the TCA. N.J.S.A. 59:8-8 requires that pre-suit notification be provided ... a claim’s accrual or “be forever barred.” N.J.S.A. 59:8-9 permits a claimant who fails to file ... opinion of the Court. The New Jersey Tort Claims Act, N.J.S.A. 59:1-1 to :12-3, is the statutory ...

docket:	A-29-30
court:	NJ Supreme Court
decided:	2013-03-12
status:
citation:
Document Size:	136220

90 State v. Joseph Diorio -- rank: 846

... degree money laundering, were barred by the statute of limitations. N.J.S.A. 2C:1-6(c). Relying in part on the fact that N.J.S.A. 2C:20-2(b)(4) expressly authorizes the aggregation of ... concluded that money laundering is a continuing offense, noting that N.J.S.A. 2C:21-27 also permits aggregation. It determined that PFPâ ... for an offense must commence within five years after commission. N.J.S.A. 2C:1-6(b)(1). An offense is committed once ... period commences on the day after commission of the offense. N.J.S.A. 2C:1-6(c). (pp. 18-19) 2. Continuing offenses ... offense, but the broad scope of the New Jersey statute, N.J.S.A. 2C:21-25, supports the conclusion that money laundering ...

docket:	A-110-11
court:	NJ Supreme Court
decided:	2014-02-12
status:
citation:
Document Size:	111685