Search Rutgers Law Library N.J. Court Opinions

1156 STATE OF NEW JERSEY v. KYLE M. GRESAK -- rank: 841

... guilty plea conviction for unlawful possession of an assault firearm, N.J.S.A. 2C:39- -5(f). The trial court sentenced defendant to ... under the mandatory sentencing provisions of the Graves Act, 1 N.J.S.A. 2C:43-6(c); the offense also is graded as ... degree crime, thus invoking the presumption of imprisonment codified in N.J.S.A. 2C:44-1(d). That statutory presumption calls for a ... ammunition. Defendant was charged with possession of an assault firearm, N.J.S.A. 2C:39-5(f), and possession of a large capacity magazine, N.J.S.A. 2C:39-3(j). On January 10, 2020, defendant pled ... to dismiss the remaining charge and to move pursuant to N.J.S.A. 2C:43-6.2 for a partial waiver of ...

docket:	a0483-20
court:	NJ Superior Court Appellate Division
decided:	2021-11-08
status:	Unpublished
citation:
Document Size:	54087

1157 DIVISION OF YOUTH AND FAMILY SERVICES v. L.M.A. -- rank: 841

... prongs that compose the best interests of the child test, N.J.S.A. 30:4C-15.1(a); New Jersey Division of Youth ... Lillian pled guilty to endangering the welfare of a minor, N.J.S.A. 2C:24-4, with respect to that incident. Todd was ... of all five children. She pled guilty to aggravated assault, N.J.S.A. 2C:12-1(b), with respect to that incident involving ... mother's care pursuant to a notice of emergency removal, N.J.S.A. 9:6-8.29 and 9:6-8.30. A ... October 23, 2007, seeking a waiver of reasonable efforts under N.J.S.A. 30:4C-11.3(c). The Division contact sheets for ... court's holding in A.W. , codifying the standard at N.J.S.A. 30:4C-15.1(a). See L. 1991, c. ...

docket:	a3979-08
court:	New Jersey Superior Court Appellate Division
decided:	2010-06-28
status:	unpublished
citation:
Document Size:	233095

1158 STATE OF NEW JERSEY v. EBONEE R. WILLIAMS -- rank: 841

... trial, defendant and Davila were both convicted of conspiracy under N.J.S.A. 2C:5-2 to possess a controlled dangerous substance (CDS) with intent to distribute in violation of N.J.S.A. 2C:35-5(a)(1), (b)(3); possession of heroin, N.J.S.A. 2C:35-10(a)(1); and possession of cocaine, N.J.S.A. 2C:35-10(a)(1). Defendant was also convicted of possession of heroin with intent to distribute, N.J.S.A. 2C:35-5(a)(1), (b)(3); and possession of ... with intent to distribute within 1000 feet of a school, N.J.S.A. 2C:35-7. 1 For these third-degree offenses, ...

docket:	a0591-13
court:	NJ Superior Court Appellate Division
decided:	2016-04-06
status:	published
citation:	444 N.J.Super. 603 135 A.3d 157
Document Size:	64226

1159 STATE OF NEW JERSEY v. LASHAWN FITCH -- rank: 841

... s conviction and forty-year aggregate, No Early Release Act, N.J.S.A. 2C:43-7.2, sentence for having committed second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1; second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a); first-degree robbery, N.J.S.A. 2C:15-1; and first-degree felony murder, N.J.S.A. 2C:11-3(a)(3). State v. Fitch, No. ...

docket:	a4828-18
court:	NJ Superior Court Appellate Division
decided:	2021-12-17
status:	Unpublished
citation:
Document Size:	123481

1160 BORDENTOWN REAL ESTATE ASSOCIATES, LLC et al. v. DIRECTOR, DIVISION OF TAXATION, -- rank: 841

... in addition to the regular realty transfer fee imposed by N.J.S.A. 46:15-7. The tax is equal to one percent ... structure for residential use and to transfers of cooperative units. N.J.S.A. 46:15-7.2(a)(1), (2), and (3). Amendments ... of $1,000,000 recited in the deed ….” N.J.S.A. 46:15-7.2(a)(4). [ Wells REIT II-80 ... although the tax is imposed on the buyer, the grantee, ( N.J.S.A. 46:15-7.2a.) plaintiffs each agreed to pay one ... contends that plaintiffs’ claim for refund was properly denied because N.J.S.A. 46:15-7.2 imposes the mansion tax on property ... timely petition the Tax Court for such relief pursuant to N.J.S.A. 54:3-21. The Director contends that it is ...

docket:	00133-08
court:
decided:	2009-03-17
status:
citation:
Document Size:	88203

1161 State v. J.V. -- rank: 841

... appeal, the Court considers whether the new juvenile waiver statute, N.J.S.A. 2A:4A-26.1 (Section 26.1), applies retroactively to ... under the then-existing, but now repealed, juvenile waiver statute, N.J.S.A. 2A:4A-26(a), under which the Legislature tasked the ... juvenile’s history of substance abuse and/or emotional instability. N.J.S.A. 2A:4A-26.1(c)(3)(d), 1 (e), and ... this matter, we consider whether the new juvenile waiver statute, N.J.S.A. 2A:4A-26.1 (Section 26.1), applies retroactively to ... if committed by an adult, would have constituted attempted murder, N.J.S.A. 2C:11-3(a)(1) and 2C:5-1(a)(1); armed robbery, 4 N.J.S.A. 2C:15-1(a)(1); unlawful possession of a ...

docket:	a-95-18
court:	NJ Supreme Court
decided:	0000-00-00
status:
citation:
Document Size:	45529

1162 /usr/local/share/www/libweb/collections/courts/supreme/a1715-09.opn.html -- rank: 841

... their convictions for first-degree leading a narcotics trafficking network, N.J.S.A. 2C:2-6 and 2C:35-3, and other offenses ... McKinnon were both charged with: first-degree racketeering, contrary to N.J.S.A. 2C:41-2(c) or 2C:41-2(d) (count one); and second-degree conspiracy, contrary to N.J.S.A. 2C:5-2, 2C:35-5(a)(1) and (b ... being a leader of a narcotics trafficking network, contrary to N.J.S.A. 2C:2-6 and 2C:35-3 (count three); (2 ... distribution of a controlled dangerous substance (CDS) (cocaine), contrary to N.J.S.A. 2C:2-6 and 2C:35-5(a)(1), (b ... seven); (3) second-degree distribution of CDS (methamphetamine), contrary to N.J.S.A. 2C:2-6 and 2C:35-5(a)(1), ( ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	185857

1163 STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION v. CENTENNIAL LAND & DEVELOPMENT CORP. -- rank: 841

... maintenance as required by the Safe Dam Act (the Act), N.J.S.A. 58:4-1 to 14, and the regulations promulgated thereunder ... property damage to homes, businesses, lake communities and public utilities." N.J.S.A. 58:4-11. Consequently, the Department's Commissioner "is vested ... about which the commissioner has a security or safety concern." N.J.S.A. 58:4-1. This includes the right to: "thoroughly inspect" any dam, N.J.S.A. 58:4-4; approve proposals for the repair, alteration or improvement of existing dams, N.J.S.A. 58:4-1; request the preparation of surveys and plans of any dam, N.J.S.A. 58:4-3; take direct action and control of ...

docket:	a4708-13
court:	NJ Superior Court Appellate Division
decided:	2016-10-21
status:	unpublished
citation:
Document Size:	97464

1164 DIVISION OF YOUTH AND FAMILY SERVICES v. V.M. and B.G. -- rank: 841

... we conclude that DYFS did not establish the statutory criteria, N.J.S.A. 30:4C-15.1a, by clear and convincing evidence. Accordingly ... the best interests of the child test set forth at N.J.S.A. 30:4C-15.1a, but that prongs two and four ... 2009). DYFS must prove each of the four prongs in N.J.S.A. 30:4C-15.1a, set forth infra , by clear and ... failed to establish each of the four statutory elements of N.J.S.A. 30:4C-15.1a by clear and convincing evidence. The ... s refusal to consent to a c-section. Consistent with N.J.S.A. 30:4C-15.1a, DYFS can initiate a petition to ... found that the filing of a guardianship complaint pursuant to N.J.S.A. 30:4C-15(c), regarding the "best interests of ...

docket:	a3024-08
court:	New Jersey Superior Court Appellate Division
decided:	2010-08-06
status:	unpublished
citation:
Document Size:	152443

1165 G.H v. TOWNSHIP OF GALLOWAY TOWNSHIP OF CHERRY HILL, v. JAMES BARCLAY and JEFFREY FINGUERRA -- rank: 841

... of a sexual offense against a minor as listed in N.J.S.A. 2C:7-2, and who is required to register with the authorities pursuant to Megan's Law, see N.J.S.A. 2C:7-1 to -19, from living within 2500 feet ... by an adult, would constitute fourth-degree criminal sexual contact, N.J.S.A. 2C:14-3b. The victim was a thirteen-year-old ... Legislature to enact and enforce ordinances for specified enumerated purposes, N.J.S.A. 40:48-1, and, as long as not contrary to ... health, safety and welfare of the municipality and its inhabitants. N.J.S.A. 40:48-2. And, laws concerning municipalities should be liberally ... part of Title 2C, the Code of Criminal Justice. See N.J.S.A. 2C:1-1. In 1994, the Legislature enacted a ...

docket:	a4036-06
court:	New Jersey Superior Court Appellate Division
decided:	2008-07-15
status:	published
citation:	401 N.J.Super. 392 951 A.2d 221
Document Size:	82018

1166 COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO v. CHRIS CHRISTIE -- rank: 841

... the Legislative and Executive Branches of our State Government. See N.J.S.A. 19:44A-20.13; 36 N.J.R. 4562 (b). As N.J.S.A. 19:44A-20.13 declares, "[w]hen a person or ... expressly indicated that it was " supplementing [ L. ] 1973, c. 83 [ N.J.S.A. 19:44A-1 to -26], and amending [ L. ] 1973, c. 83 [ N.J.S.A. 19:44A-1 to -26]." L. 2004, c. 19 (emphasis ... and Expenditures Reporting Act, L. 1973, c. 83 ( "Chapter 83"), N.J.S.A. 19:44A-1 to -26, which Chapter 19 literally "supplemented ... other mutual aid or protection in connection with employment[.]" See N.J.S.A. 19:44A-11.3(a) (containing this reference to ...

docket:	a2996-09
court:	New Jersey Superior Court Appellate Division
decided:	2010-05-07
status:	published
citation:
Document Size:	142484

1167 B.D - v. NEW JERSEY DEPARTMENT OF HUMAN SERVICES, DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES - M.M. and I.M - v. NEW JERSEY DEPARTMENT OF HUMAN SERVICES, DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES - T.J - v. NEW JERSEY DEPARTMENT -- rank: 841

... to the New Jersey Medical Assistance and Health Services Act, N.J.S.A. 30:4D-1 to -19.5. Eligibility for Medicaid in ... by regulations adopted in accordance with the authority granted by N.J.S.A. 30:4D-7 to the Commissioner of DHS (Commissioner). DMAHS ... is the agency within DHS that administers the Medicaid program. N.J.S.A. 30:4D—5 & -7; N.J.A.C. 10:49 ... to -12.10, which includes the Transitional Medicaid program (TMP), N.J.S.A. 30:4D-6c and N.J.A.C. 10:69 ... 5.13; and the Children's Health Insurance program (CHIP), N.J.S.A. 30:4J-8 to -19 and N.J.A.C ... She argues that the New Jersey Administrative Procedure Act (APA), N.J.S.A. 52:14B-1 to -30, prohibited DMAHS from implementing ...

docket:	a2456-11
court:	New Jersey Superior Court Appellate Division
decided:	2013-09-09
status:	Published
citation:
Document Size:	67527

1168 CAROLYN KOSTERA v. BACHARACH INSTITUTE FOR REHABILITATION -- rank: 841

... to $250,000, pursuant to the Charitable Immunity Act (CIA), N.J.S.A. 2A:53A-7 to -13, specifically, N.J.S.A. 2A:53A-8, which provides: Notwithstanding the provisions of [ N.J.S.A. 2A:53A-7], any nonprofit corporation . . . organized exclusively for hospital ... and unrelated to and outside of the benefactions of" BIR. N.J.S.A. 2A:53A-7(b). In a comprehensive written opinion, the ... of the works of such nonprofit corporation, society or association ." N.J.S.A. 2A:53A-7(b) (emphasis added). The "immunity from liability ... its beneficiaries up to "an amount not exceeding $250,000." N.J.S.A. 2A:53A-8. As the Court recently explained, "[w] ...

docket:	a1991-13
court:	NJ Superior Court Appellate Division
decided:	2015-08-06
status:	unpublished
citation:
Document Size:	81270

1169 S.P v. NEWARK POLICE DEPARTMENT -- rank: 841

... we address the interplay of the Tort Claims Act (TCA), N.J.S.A. 59:1-1 to 59:12-3, and the Prevention of Domestic Violence Act of 1991 (PDVA), N.J.S.A. 2C:25-1 to -35. We consider whether a victim ... members" under the PDVA. We also consider whether the PDVA, N.J.S.A. 2C:25-21, expressly creates an exception to the immunity ... to arrest and remove the assailant pursuant to the PDVA, N.J.S.A. 2C:25-21. Noting both sides "concede that the [PDVA] provides an express exception to the [TCA] immunity N.J.S.A. 59:5-5 provides to public entities and public employees ... officers that imposed an obligation to arrest under the PDVA, N.J.S.A. 2C:25-21, and whether the officers acted in ...

docket:	a5591-10
court:	NJ Superior Court Appellate Division
decided:	2012-09-27
status:	published
citation:	428 N.J.Super. 210 52 A.3d 178
Document Size:	68777

1170 L.C. v. MIDDLESEX COUNTY PROSECUTOR'S OFFICE -- rank: 841

... good cause existed to release plaintiff's records pursuant to N.J.S.A. 2A:4A-60(a)(6). By letter dated November 3 ... following counts: violations of the New Jersey Civil Rights Act, N.J.S.A. 10:6- 1 to -2 (NJCRA) (count one); violation of the Juvenile Justice Code, N.J.S.A. 2A:4A-20 to -92 (count two); malicious prosecution (count ... Tumpson v. Farina, 218 N.J. 450, 473 (2014) (quoting N.J.S.A. 10:6-2(c)). At the outset, we note plaintiff ... records were disclosed without prior court approval in violation of N.J.S.A. 2A:4A-60, which states the records of 'juveniles charged ... rights only lie against persons acting under 'color of law,' N.J.S.A. 10:6-2(c), meaning the exercise of power ' ...

docket:	a3654-18
court:	NJ Superior Court Appellate Division
decided:	2021-04-09
status:	Unpublished
citation:
Document Size:	123168