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1036 STATE OF NEW JERSEY v. DAVID L. GASKINS -- rank: 841

... from his convictions for second-degree conspiracy to distribute cocaine, N.J.S.A. 2C:5-2 and 2C:35-5(a)(1) and ... conspiracy to distribute cocaine within 1000 feet of a school, N.J.S.A. 2C:5-2 and 2C:35-7; second-degree conspiracy ... to distribute cocaine within 500 feet of a public building, N.J.S.A. 2C:5-2 and 2C:35-7.1; second-degree possession of cocaine with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and (b)(2); third-degree ... with intent to distribute within 1000 feet of school property, N.J.S.A. 2C:35-5(a) and 2C:35-7; and second ... intent to distribute within 500 feet of a public building, N.J.S.A. 2C:35-5(a) and 2C:35-7.1. ...

docket:	a1157-13
court:	NJ Superior Court Appellate Division
decided:	2016-03-26
status:	unpublished
citation:
Document Size:	82497

1037 /usr/local/share/www/libweb/collections/courts/appellate/a3430-17.opn.html -- rank: 841

... after finding that defendant was a persistent offender pursuant to N.J.S.A. 2C:44-3(a). Defendant Graulau also claims the trial ... indictment charging Leeper and Graulau with (1) first-degree robbery, N.J.S.A. 2C:15-1(a)(1); (2) second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1); and (3) second- degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and 2C:15-1(a)(1). Graulau ... extended term of imprisonment as a persistent offender pursuant to N.J.S.A. 2C:44-3(a). The trial judge imposed a state ... fifteen years subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. On the conspiracy to commit ...

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1038 STATE OF NEW JERSEY v. TONIJAH CRISS -- rank: 841

... nine, ten and eleven with count one, second-degree racketeering, N.J.S.A. 2C:41-2. On that count, Eric was sentenced to ... parole. On count two, second-degree leader of organized crime, N.J.S.A. 2C:5-2(g), ten years, to run consecutively with ... on count one; on count four, second-degree money laundering, N.J.S.A. 2C:21-25(b), ten years, three years to be ... on count six, failure to file an income tax report, N.J.S.A. 54:52-8, four years, concurrent to counts one and ... on count eight, second-degree manufacturing of false government documents, N.J.S.A. 2C:21-2.1(b), eight years concurrent to counts ... on count 403, fourth-degree possession of false government documents, N.J.S.A. 2C:21-2.1(d), one year concurrent to ...

docket:	a5322-10
court:	NJ Superior Court Appellate Division
decided:	2015-03-03
status:	unpublished
citation:
Document Size:	288683

1039 SCOTT ROGOW, v. BOARD OF TRUSTEES, POLICE AND FIREMEN'S RETIREMENT SYSTEM, -- rank: 841

... City) who retired on an accidental disability retirement allowance under N.J.S.A. 43:16A-7 and received his monthly retirement allowance until ... accidental disability retirement benefits after Rogow's death pursuant to N.J.S.A. 43:16A-7(3). Approximately four years after Rogow's ... she could receive the enhanced survivor accidental death benefits under N.J.S.A. 43:16A- 10. Appellant appeals from the Board's October ... with a review of the pertinent authority. The PFRS Act, N.J.S.A. 43:16A-1 to -68, and corresponding regulations N.J ... 6.1 to - 6.18, govern the PFRS. General Provisions N.J.S.A. 43:16A-1 contains the following pertinent definitions: (3) 'Member ... Disability Retirement Allowance and Survivor Accidental Disability Retirement Death Benefits N.J.S.A. 43:16A-7 governs retirement on an accidental disability ...

docket:	a1346-17
court:	NJ Superior Court Appellate Division
decided:	2019-08-22
status:	Published
citation:	--- A.3d ----
Document Size:	58224

1040 BANK OF AMERICA NATIONAL ASSOCIATION v. R.H. SURGENT, LLC -- rank: 841

... the judgment in New Jersey in December 2016, pursuant to N.J.S.A. 2A:49A- 27. A-5423-18 12 In its complaint ... S. Home Corp., 243 N.J. 92, 94 (2020) (citing N.J.S.A. 2A:50-2). Therefore, '[i]t is clear that even ... trial court erred by finding the current statute of limitations, N.J.S.A. 2A:50-56.1, did not preclude summary judgment or ... action was April 13, 2017.6 Effective August 6, 2009, N.J.S.A. 2A:50-56.1 provided the statute of limitations for ... the default date (the earliest date), or before February 2026. N.J.S.A. 2A:50-56.1(c) (2009). On July 3, 2018 ... those two dates, on April 29, 2019, the Legislature amended N.J.S.A. 2A:50-56.1(c) from twenty years to ...

docket:	a5423-18
court:	NJ Superior Court Appellate Division
decided:	2022-08-31
status:	Unpublished
citation:
Document Size:	115742

1041 STATE OF NEW JERSEY v. TEVIN M. FIGARO -- rank: 841

... is available to those eligible for special probation pursuant to N.J.S.A. 2C:35-14(a), and who otherwise satisfy the statutory ... J. at 175 (quoting Meyer, 192 N.J. at 432). ' N.J.S.A. 2C:35-14 does not establish and indeed does not ... of incarceration or a mandatory minimum period of parole ineligibility[.]' N.J.S.A. 2C:35-14(a). Therefore, defendants are eligible for probationary ... a 'reasonable condition[]' of any potential probationary sentence pursuant to N.J.S.A. 2C:45-1(a). However, all three defendants had been ... that made them ineligible for admission to Drug Court, if N.J.S.A. 2C:35-14(a) applied. The State opposed each defendant ... that all of the statutory disqualifications for special probation under N.J.S.A. 2C:35-14(a) were adopted by the Manual ...

docket:	a5654-18
court:	NJ Superior Court Appellate Division
decided:	2020-02-25
status:	Published
citation:
Document Size:	44784

1042 JOHN SMITH v. ARVIND R. DATLA, M.D. -- rank: 841

... 1 committed in violation of the AIDS Assistance Act (Act), N.J.S.A. 26:5C-1 to -14. The trial court held that ... barred by the two-year limitation period set forth in N.J.S.A. 2A:14-2, or instead by the one-year limitation period for defamation set forth in N.J.S.A. 2A:14-3. The second legal issue is whether a ... not a board-certified nephrologist violates the Patients First Act, N.J.S.A. 2A:53A-27, N.J.S.A. 2A:53A-41, and the Court's holding in Nicholas ... Am. Med. Optics , 155 N.J. 54 , 65 (1998) (citing N.J.S.A. 2A:14-2). "Where the damages sought are for ...

docket:	a1339-16
court:	NJ Superior Court Appellate Division
decided:	2017-07-12
status:	published
citation:	451 N.J.Super. 82 164 A.3d 1110
Document Size:	68409

1043 STATE OF NEW JERSEY v. DANUWELI M. KELLER -- rank: 841

... parole ineligibility pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. At trial, the State alleged that ... Sullivan entered a negotiated guilty plea to first-degree kidnapping, N.J.S.A. 2C:13-1(b), and admitted he participated in Paye ... charging him with second-degree conspiracy to disturb human remains, N.J.S.A. 2C:2-6(b)(4) and 2C:22-1(a ... Paye, the indictment charged Keller, Sullivan, and Kiazolu with murder, N.J.S.A. 2C:11-3(a)(2) and 2C:2-6 (count two);7 two counts of felony murder, N.J.S.A. 2C:11-3(a)(3) and 2C:2-6 (counts three and four); first- degree robbery, N.J.S.A. 2C:15-1(a)(1) and 2C:2-6 ( ...

docket:	a1623-17
court:	NJ Superior Court Appellate Division
decided:	2021-12-10
status:	Unpublished
citation:
Document Size:	141794

1044 NORTH JERSEY MEDIA GROUP, INC v. TOWNSHIP OF LYNDHURST -- rank: 841

... a criminal investigation under the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, and the common law right ... 3(b) of the New Jersey Open Public Records Act, N.J.S.A. 47:1A-3(b) where (i) an arrest has not ... believed to be exempt; and fees and costs pursuant to N.J.S.A. 47:1A-6. The court entered an Order to Show ... personal information that would violate "reasonable privacy interests," pursuant to N.J.S.A. 47:1A-1 and Burnett v. County of Bergen , 198 ... J. 408 (2009); to shield criminal investigatory records, pursuant to N.J.S.A. 47:1A-1.1; and to shield records related to ... of which would be detrimental to the public interest, under N.J.S.A. 47:1A-3(a) and (b). Rutherford Police Department ...

docket:	a2523-14
court:	NJ Superior Court Appellate Division
decided:	2015-06-11
status:	published
citation:	441 N.J.Super. 70 116 A.3d 570
Document Size:	140477

1045 IN THE MATTER ADOPTION OF N.J.A.C. 5:94 AND 5:95 BY THE NEW JERSEY COUNCIL ON AFFORDABLE HOUSING -- rank: 841

... 4 doctrine or the Fair Housing Act of 1985 (FHA), N.J.S.A. 52:27D-301 to -329. It also contends that regional ... the Legislature enacted the FHA and the State Planning Act, N.J.S.A. 52:27d-307. The FHA directed COAH to divide the ... not inconsistent with the planning designations in the State Plan. N.J.S.A. 52:27D-307e. The State Planning Commission must provide COAH ... overcome the presumption of validity by clear and convincing evidence, N.J.S.A. 52:27D-317, violated the right of a party to ... into a regional contribution agreement (RCA) with the other municipality. N.J.S.A. 52:27D-312. The Court upheld the constitutionality of RCAs ... to adopt rules to discharge its constitutional and statutory obligations. N.J.S.A. 52:27D-307. Regulations of an administrative agency enacted ...

docket:	A2674-04
court:	NJ Superior Court Appellate Division
decided:	2007-01-25
status:	published
citation:	390 N.J. Super. 1 914 A.2d 348
Document Size:	190664

1046 STATE OF NEW JERSEY v. ROLANDO TERRELL -- rank: 841

... a weapon by a certain person not to possess weapons, N.J.S.A. 2C:39-7(b). During defendant's trial, Hayes, who ... parole ineligibility period of the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2; a concurrent twenty-year term, with ... included Model Jury Charge (Criminal) , "Robbery in the First Degree ( N.J.S.A. 2C:15-1)" (Sept. 10, 2012), 19 and Model Jury Charge (Criminal) , "Felony Murder-Slayer Participant ( N.J.S.A. 2C:11-3(a)(3))" (March 22, 2004), the jury ... conviction on that charge. Ibid. Here, defendant was charged under N.J.S.A. 2C:15-1, providing a person is guilty of first ...

docket:	a0492-11
court:	NJ Superior Court Appellate Division
decided:	2016-05-03
status:	unpublished
citation:	452 N.J.Super. 226 173 A.3d 194
Document Size:	224051

1047 IN RE ADOPTION 2003 LOW INCOME HOUSING TAX CREDIT QUALIFIED ALLOCATION PLAN -- rank: 841

... footnote 1 doctrine, New Jersey's Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49, and sections of the New ... contend that the HMFA violated the Administrative Procedure Act (APA), N.J.S.A. 52:14B-1 to -14, in the manner by which ... New Jersey Housing and Mortgage Finance Agency Law of 1983, N.J.S.A. 55:14K-1 to -81. Considering those powers and goals ... on urban policy." Rusk criticized regional contribution agreements (RCAs), see N.J.S.A. 52:27D-312, as resulting in affordable housing units not ... Finance Agency Law of 1983, L. 1983, c. 530, § 4 ( N.J.S.A. 55:14K-2a and b. The Legislature therefore declared that ... ssist in the revitalization of the State's urban areas . . . ." N.J.S.A. 55:14K-2e.     To that end, the agency was ...

docket:	A0109-03
court:	NJ Superior Court Appellate Division
decided:	2004-04-28
status:	published
citation:	369 N.J. Super. 2 848 A.2d 1
Document Size:	113832

1048 /usr/local/share/www/libweb/collections/courts/trial/ber-c-77-08.opn.html -- rank: 841

... proceeding if…an arbitrator exceeded the arbitrator’s powers.” N.J.S.A. 2A:23B-23(a)(4). Similarly, the Federal Arbitration Act ... with the legal standards otherwise applicable to the claim.” N.J.S.A. 2A:23B-21 (a). Defendants argue that Judge Hamlin was ... J.A. v. D.A., 210 N.J. 229 (2012); N.J.S.A. 2A:15-5.11; see Holland v. New Community Corp ... who foreseeably might be harmed by those actors or omissions. N.J.S.A. 2A:15-5.12 (a). Defendants state that “actual ... intentional wrongdoing in the sense of an evil-minded act. N.J.S.A. 2A:15-5.10. “Wanton and willful disregard” means ... justifying and the basis in law authorizing the award…” N.J.S.A. 2A:23B-21 (e). Defendants state that the award ...

docket:	BER-C-77-08
court:	NJ Superior Court Law/Chancery Division
decided:	0000-00-00
status:
citation:
Document Size:	93536

1049 PETER INNES v. MADELINE MARZANO-LESNEVICH ESQ. -- rank: 841

... a joint tortfeasor, pursuant to the Joint Tortfeasors Contribution Law, N.J.S.A. 2A:53A-1 to -5 (JTCL). Under the JTCL, "'joint ... jointly or severally liable in tort for the same injury." N.J.S.A. 2A:53A-1. "'It is common liability at the time ... the broad remedial purpose of the Law Against Discrimination, (LAD), N.J.S.A. 10:5-1 to -42, and the then recently-enacted amendment, N.J.S.A. 10:5-3, that specifically recognized "emotional stress" as cognizable ...

docket:	a0387-11
court:	NJ Superior Court Appellate Division
decided:	2014-04-07
status:	published
citation:	435 N.J.Super. 198 87 A.3d 775
Document Size:	159851

1050 Garrison v. Township of Middletown -- rank: 841

... with a view to carrying out the above legislative declaration. [ N.J.S.A. 59:1-2.]     To recover under the Act, a plaintiff ... that occurred, and that the condition proximately caused the injury. N.J.S.A. 59:4-2. Even then, the Act imposes no liability ... the failure to take such action was not palpably unreasonable.” N.J.S.A. 59:4-2.     Essential to the determination of a public ... which it is reasonably foreseeable that it will be used.” N.J.S.A. 59:4-1a. By its terms, the Act explicitly requires ... Division reasoned that such a conclusion would be contrary to N.J.S.A. 59:9-4, which provides that a plaintiff's negligence ... Gov't Code § 830a, is nearly identical to that in N.J.S.A. 59:4-1a. The California Law Revision Commission's ...

docket:	a-12-97
court:	njsupreme
decided:	1998-07-07
status:
citation:	154 N.J. 282
Document Size:	90693