Search Rutgers Law Library N.J. Court Opinions

106 ADS Associates Group, Inc. v. Oritani Savings Bank -- rank: 846

... claim under Article 4A of the Uniform Commercial Code (UCC), N.J.S.A. 12A:4A-101 to -507, and, if not, whether plaintiff ... “funds transfers” within the meaning of Article 4A. See N.J.S.A. 12A:4A-104(1). Article 4A defines in detail the ... whom a bank has agreed to receive payment orders.” N.J.S.A. 12A:4A-105(1)(c). The record here demonstrates that ... the funds transfers governed by the statute’s terms. See N.J.S.A. 12A:4A-102 cmt. 1. The dispute in this case ... court that Article 4A of the Uniform Commercial Code (UCC), N.J.S.A. 12A:4A-101 to -507, governs the wire transfers at ... meet the statutory definition of a bank “customer.” N.J.S.A. 12A:4A-105(1)(c). We further hold that ...

docket:	A-114-11
court:	NJ Supreme Court
decided:	2014-09-30
status:
citation:
Document Size:	204232

107 G.A.-H. v. K.G.G. -- rank: 846

... Act (JLA), L. 2014, c. 7, § 1 (codified at N.J.S.A. 2C:14-2(a), (d)). Defendant was arrested and charged ... a plea agreement that the prosecutor offered in accordance with N.J.S.A. 2C:14-2(d), defendant pled guilty to aggravated sexual ... for certification, “limited to defendant’s facial challenge to N.J.S.A. 2C:14-2(d) as unconstitutional for violating the separation ... from the twenty- five year mandatory minimum sentence specified in N.J.S.A. 2C:14-2(a), and the court reviews the prosecutor� ... in which the victim is less than thirteen years old. N.J.S.A. 2C:14-2(a)(1). It also permits a prosecutor ... of parole ineligibility may not be less than fifteen years. N.J.S.A. 2C:14-2(d). The sentencing court may accept ...

docket:	a-28-18
court:	NJ Supreme Court
decided:	2019-06-26
status:
citation:	--- A.3d ----
Document Size:	73879

108 State v. Richard Feaster -- rank: 846

... quoting Gerald , supra , 113 N.J. at 93). Pursuant to N.J.S.A. 2C:11-3c, a person found guilty of murder is ... of murder, considering, where appropriate, principles of vicarious liability under N.J.S.A. 2C:2-6. Only after it has unanimously found defendant ... history of the Act makes it clear . . . that in enacting N.J.S.A. 2C:2-6a (�A person is guilty of an offense ... a mandatory sentence of at least thirty years' imprisonment under N.J.S.A. 2C:11-3b. Ibid. ����In Brown , the trial court omitted ...

docket:	a-1-97
court:	njsupreme
decided:	1998-07-30
status:
citation:	156 N.J. 1
Document Size:	239105

109 IN RE APPEAL OF THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION'S JUNE 1, 2020, ADOPTED AMENDMENTS -- rank: 846

... complied with the requirements of the Administrative Procedure Act (APA), N.J.S.A. 52:14B-1 to -31, in its proposal and adoption ... therefore affirm. I. Under the Safe Drinking Water Act (SDWA), N.J.S.A. 58:12A-1 to -37, DEP is responsible for ensuring New Jersey has safe drinking water. N.J.S.A. 58:12A-2; N.J.S.A. 58:12A-13. The numerous statutes enacted to accomplish that goal include: the Water Pollution Control Act, N.J.S.A. 58:10A-1 to -73; the Water Quality Planning Act, N.J.S.A 58:11A-1 to -16; the Spill Compensation and ...

docket:	a0307-20
court:	NJ Superior Court Appellate Division
decided:	2020-00-01
status:	Unpublished
citation:
Document Size:	117740

110 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. E.A. and D.A., -- rank: 846

... best A-3287-20 21 interests of the child test, N.J.S.A. 30:4C-15.1(a). The judge determined Eve and ... first prong of the best interests of the child test, N.J.S.A. 30:4C- 15.1(a), the judge found 'the Division ... prongs of the best interests of the child test under N.J.S.A. 30:4C-15.1(a). Eve separately argues ineffective assistance ... evaluation of the evidence under prongs three and four of N.J.S.A. 30:4C- 15.1(a), asserting the Division failed to ... at 10. Under the best interests of the child test, N.J.S.A. 30:4C-15.1(a),5 the Division must prove ... statute on July 2, 2021, eliminating the second sentence of N.J.S.A. 30:4C-15.1(a)(2). However, the amendment ...

docket:	a3287-20
court:	NJ Superior Court Appellate Division
decided:	2023-03-01
status:	Unpublished
citation:
Document Size:	72829

111 Walter Sroczynski v. John Milek -- rank: 846

... or substantially complied with the statutory requirements set forth in N.J.S.A. 34:15-81 for cancelling a policy, by its use ... to the New Jersey Commissioner of Banking and Insurance. Under N.J.S.A. 34:15-81, to cancel workers’ compensation coverage, the insurance ... that the carrier provided the required notice to the employer. N.J.S.A. 34:15-89 provides that CRIB is responsible for establishing ... N.J. 272 (2007). HELD : A carrier does not satisfy N.J.S.A. 34:15-81 merely by transmitting electronic notice of cancellation ... notice was provided to the insured. 1. The language of N.J.S.A. 34:15-81 is clear, requiring carriers to file a ... cannot be effective in light of the unambiguous demands of N.J.S.A. 34:15-81. (p. 8) 2. This case does ...

docket:	a-68-07
court:
decided:	2008-12-17
status:
citation:	197 N.J. 36
Document Size:	115868

112 In re Renewal Application of TEAM Academy Charter School -- rank: 846

... School Program Act of 1995 (Charter School Act or Act), N.J.S.A. 18A:36A-1 to -18, the Legislature declared “that ... to encourage and facilitate the development of charter schools.” N.J.S.A. 18A:36A-2. Consistent with that declaration, the Legislature directed ... ” but concluded that “[r]ead in combination,” N.J.S.A. 18A:36A-4(c)’s provision for district comments on a charter school application and N.J.S.A. 18A:36A-12’s funding mechanism “require a district ... s enactment of the School Funding Reform Act of 2008, N.J.S.A. 18A:7F-43 to -70. Further, the practical considerations identified ... the Charter School Program Act of 1995 (Charter School Act), N.J.S.A. 18A:36A-1 to -18. All of the charter ...

docket:	a-45-19
court:	NJ Supreme Court
decided:	0000-00-00
status:
citation:
Document Size:	95196

113 STATE V. JOHN MARTINI, SR. -- rank: 846

... s case. It does not apply the current version of N.J.S.A. 2C:11-3e, which limits the universe of comparable cases ... s request for proportionality review of his death sentence, see N.J.S.A. 2C:11-3e. A capital sentence is excessive and thus ... on the defendant, not on the State, because the statute, N.J.S.A. 2C:11-3e. Thus, our search is not for proportionality ... compare a defendant's case. In 1992, the Legislature amended N.J.S.A. 2C:11-3e to limit the comparison group to only ... effective date of the amendment. We therefore will not apply N.J.S.A. 2C:11-3e as amended to defendant's proportionality review ... fails to meet those goals and is, therefore, disproportionate. See N.J.S.A. 2C:11-3e. A capital sentence is disproportionate if ...

docket:	a-16-93
court:	njsupreme
decided:	1994-12-21
status:
citation:	144 N.J. 603
Document Size:	167053

114 MacDougall v. Weichert -- rank: 846

... The Supreme Court granted MacDougall's petition for certification. HELD: ���� N.J.S.A. 2C:27-3 and -5 are the source of the ... was violated by his termination is derived from two statutes: N.J.S.A. 2C:27-3 and 27-5. Based on the statutory ... 23) 5. Because MacDougall was a public official, and because N.J.S.A. 2C:27-3 and -5 and the public policy derived ... the laws that proscribe harmful conduct directed at public officials, N.J.S.A. 2C:27-3 and -5. That public policy affords protection ... file stated cause of action under the Law Against Discrimination, N.J.S.A. 10:5-, by alleging that "she was discharged for seeking ... violated by his termination is derived from two particular statutes: N.J.S.A. 2C:27-5 is also a source for the ...

docket:	a-116-94
court:	njsupreme
decided:	1996-06-10
status:
citation:	144 N.J. 380
Document Size:	169945

115 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 PFP� ... 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

116 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

117 State v. W.B. -- rank: 846

... ” Defendant was convicted of first-degree aggravated sexual assault, N.J.S.A. 2C:14-2a(2)(c), second-degree sexual assault, N.J.S.A. 2C:14-2c(4), second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4a, and fourth-degree aggravated criminal sexual contact, N.J.S.A. 2C:14-2a(2)(c) and 14-3a. After appropriate ... to the provisions of the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, and to a consecutive five-year ... Rules of Evidence, N.J.R.E. 503, pursuant to N.J.S.A. 2A:84A-19. Nyhammer , supra , 197 N.J. at ...

docket:	A-80-09
court:	NJ Supreme Court
decided:	2011-04-27
status:
citation:	205 N.J. 588 17 A.3d 187
Document Size:	145610

118 New Jersey Division of Child Protection and Permanency v. R.L.M. -- rank: 846

... herself in an action to terminate parental rights pursuant to N.J.S.A. 30:4C-15 to -20. Plaintiff New Jersey Division of ... The panel found no explicit right of self- representation in N.J.S.A. 30:4C-15.4 and concluded that Rule 1:21 ... litigation represents poor strategy in all but the rarest case, N.J.S.A. 30:4C-15.4 plainly authorizes that parent to proceed ... clear and convincing evidence the four factors set forth in N.J.S.A. 30:4C-15.1(a). J.J.’s self ... decision. (pp. 21-25) 2 3. As amended in 1999, N.J.S.A. 30:4C-15.4(a) states that “the court ... about the statute’s discussion of the assignment of counsel. N.J.S.A. 30:4C-15.4(b), in contrast, expressly provides ...

docket:	a-17-17
court:	NJ Supreme Court
decided:	2018-12-10
status:
citation:	236 N.J. 123 198 A.3d 934
Document Size:	75641

119 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

120 State v. James Buckner -- rank: 846

... to disqualify Judge Ahto, contending that (1) the Recall Statute, N.J.S.A. 43:6A-13 -- which allows retired judges to be recalled ... nine years’ imprisonment subject to the No Early Release Act, N.J.S.A. 2C:43-7.2. Defendant appealed, arguing both that the ... the Legislature enacted the Judicial Retirement System Act (“JRSA”), N.J.S.A. 43:6A-1 to -46, leaving in place the recall ... to permit the recall of retired judges older than seventy. N.J.S.A. 43:6A-13(b). Defendant suggests that the period from ... service has gone unchallenged. Today, as the current Recall Statute -- N.J.S.A. 43:6A-13 -- turns forty, defendant claims that his criminal ... art. VI, § 6, ¶ 3, and the Recall Statute, N.J.S.A. 43:6A-13(b). We review them here to ...

docket:	A-22-14
court:	NJ Supreme Court
decided:	2015-07-30
status:
citation:	223 N.J. 1 121 A.3d 290
Document Size:	214671