Search Rutgers Law Library N.J. Court Opinions

1231 STATE OF NEW JERSEY v. ERIC MELVIN -- rank: 839

... of third-degree possession of a controlled dangerous substance (CDS), N.J.S.A. 2C:35-10(a)(1) (count one); third-degree possession with the intent to distribute a CDS, N.J.S.A 2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(3) (count two); second-degree possession ... CDS in or within 500 feet of a public park, N.J.S.A. 2C:35-7.1 (count three); fourth-degree possession with ... CDS (marijuana) in a quantity of less than one ounce, N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(12) (count four); and third- ...

docket:	a3058-13
court:	NJ Superior Court Appellate Division
decided:	2016-03-03
status:	unpublished
citation:
Document Size:	69738

1232 Statev. Brandon T. Morrison -- rank: 839

... is a “public servant” under the official-misconduct statute, N.J.S.A. 2C:30-2(a). At a Squad meeting in October ... in a municipality, is not a “public servant” under N.J.S.A. 2C:30-2(a). The Appellate Division granted the State� ... is to discern the meaning of “public servant,” N.J.S.A. 2C:27-1(g), in the context of the official-misconduct statute, N.J.S.A. 2C:30-2(a). The Court reviews this question de ... official-misconduct statute applies to “public servant[s],” N.J.S.A. 2C:30-2, and aims “to prevent the perversion ... governmental function, but the term does not include witnesses[.]” N.J.S.A. 2C:27-1(g). The language “any person ...

docket:	A-36-15
court:	NJ Supreme Court
decided:	2016-12-14
status:
citation:	227 N.J. 295 151 A.3d 561
Document Size:	77844

1233 /usr/local/share/www/libweb/collections/courts/appellate/a0314-18.opn.html -- rank: 839

... jury trial, defendant was convicted of third-degree computer theft, N.J.S.A. 2C:20-25(c); and third-degree theft by unlawful taking, N.J.S.A. 2C:20-3. The convictions stemmed from defendant stealing $550 ... a discretionary extended term as a persistent offender pursuant to N.J.S.A. 2C:44-3(a). The judge then merged the theft ... no evidence presented to support the redemption of the vouchers. ' N.J.S.A. 2C:43-3 provides that the restitution ordered to be ... Super. 366, A-0314-18T4 39 370 (App. Div. 1997). N.J.S.A. 2C:44-2 sets forth the criteria for the imposition ... to pay.' Scribner, 298 N.J. Super. at 372. 'Indeed, N.J.S.A. 2C:44-2b(2) specifically provides that restitution is ...

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1234 DIVISION OF YOUTH AND FAMILY SERVICES v. A.K IN THE MATTER OF THE GUARDIANSHIP OF L.O., a minor -- rank: 839

... court's holding in A.W. , codifying the standard at N.J.S.A. 30:4C-15.1(a). See L. 1991, c. 275 ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These four factors are not ... or will continue to be endangered by the parental relationship." N.J.S.A. 30:4C-15.1(a)(1). "The harm shown . . . must ... serious and enduring emotional or psychological harm to the child." N.J.S.A. 30:4C-15.1(a)(2). The second prong focuses ... necessitated removal and placement of the child in foster case. N.J.S.A. 30:4C-15.1(a)(3); K.H.O. , supra ... the family of the child's progress, and visitation facilitation. N.J.S.A. 30:4C-15.1(c). Those efforts depend upon ...

docket:	a4419-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-18
status:	unpublished
citation:
Document Size:	81185

1235 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.J. and N.L., and D.P -- rank: 839

... 25, 2019 order entered by a Family Part judge under N.J.S.A. 9:6- - 8.21(c)(4)(b), 2 finding he ... holding their child . . . in her arms . . . [and] was [seven] 2 N.J.S.A. 9:6-8.21(c)(4)(b) provides an 'abused ... restraining order (TRO) under the New Jersey Domestic Violence Statute, N.J.S.A. 2C:25-17 to -35, and pursue criminal charges against ... removal of a minor without a court order pursuant to N.J.S.A. 9:6-8.21 to -8.82, known as the ... the child at substantial risk of harm as defined by N.J.S.A. 9:6-8.21(c). On May 8, 2020, the ... that put Michael at a substantial risk of harm under N.J.S.A. 9:6-8.21(c)(4)(b). Dwayne also ...

docket:	a0451-20
court:	NJ Superior Court Appellate Division
decided:	2021-11-19
status:	Unpublished
citation:
Document Size:	47651

1236 /usr/local/share/www/libweb/collections/courts/appellate/a1625-16a1683-16.opn.html -- rank: 839

... all four prongs of the best interests test pursuant to N.J.S.A. 30:4C- 15.1(a). Peter's law guardian argues ... child from the home without a court order pursuant to N.J.S.A. 9:6-8.21 to - 8.82, known as the ... grant a petition when the four prongs set forth in N.J.S.A. 30:4C-15.1(a) are established by clear and ... a child's best interests.' Id. at 348. As codified, N.J.S.A. 30:4C-15.1(a) requires the Division prove: 31 ... determination the Division established by clear and convincing evidence under N.J.S.A. 30:4C-15.1(a), it was in Peter's ... or will continue to be endangered by the parental relationship[.]' N.J.S.A. 30:4C-15.1(a)(1). '[T]he Division ...

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court:	NJ Superior Court Law/Chancery Division
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1237 ERA SOUTH, LLC v. THE MAYOR AND COUNCIL OF THE CITY OF ENGLEWOOD -- rank: 839

... deemed local improvements and the benefits specially assessed, pursuant to N.J.S.A. 40:56-1 to �41.5, and N.J.S.A. 40:49-6 to -12. The ordinance also identified a ... which may be affected by special assessment." (Emphasis added). Mirroring N.J.S.A. 40:56-27, the ordinance directed that the special assessment ... a Local Improvement Board to "perform such duties . . . prescribed by N.J.S.A. 40:56-1 et seq ." 5 The record does not ... if the assessment or award is sustained shall so order." N.J.S.A. 40:56-54. If the court rejects the order, then ... the property." McNally , supra , 75 N.J. at 41 (citing N.J.S.A. 40:56-34). The court's determination shall be ...

docket:	a0533-14
court:	NJ Superior Court Appellate Division
decided:	2016-12-06
status:	unpublished
citation:
Document Size:	104228

1238 JACK NEWMAN, et al. v. EUGENE NEWMAN -- rank: 839

... Prosecutor's Office violated the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 to -49 (the LAD), by failing to ... protected by the immunity provisions of the Tort Claims Act, N.J.S.A. 59:1-1 to 12-3 (the Act). The court ... order additional discovery under the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13. As this appeal pended, the ... erred in determining defendants to be immune under the Act. N.J.S.A. 59:3-3 provides that "[a] public employee is not ... subordinate to the immunity provisions[.]" Ibid. "Good faith immunity under [ N.J.S.A. 59:3-3] has two alternate components." Alston v. City ... an insufficient basis for holding a public employee liable under N.J.S.A. 59:3-3." Lascurain , supra , 349 N.J. Super. ...

docket:	a6710-03
court:	njappellate
decided:	2006-05-04
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	156229

1239 PETRIC ASSOCIATES, INC v. CCA CIVIL, INC -- rank: 839

... 250,000 for violation of the Prompt Payment Act (PPA), N.J.S.A. 2A:30A-1 to -2; and 4) $500,000 in ... with 'actual malice' or 'a wanton and willful disregard,' see N.J.S.A. 2A:15- 5.12, warranting the compensatory and punitive damages ... 2 The New Jersey High Voltage Proximity Act (Proximity Act), N.J.S.A. 34:6- 47.1 to -47.9, precludes contractors from ... on the PPA and reverse that portion of the verdict. N.J.S.A. 2A:30A-2(b) provides that where a subcontractor 'has ... at a rate equal to the prime rate plus 1%.' N.J.S.A. 2A:30A-2(c). Here, the subcontract permits defendant to ... willful disregard'' pursuant to the New Jersey Punitive Damages Act, N.J.S.A. 2A:15- 5.12. We disagree. 10 We note ...

docket:	a3571-17
court:	NJ Superior Court Appellate Division
decided:	2020-06-08
status:	Unpublished
citation:
Document Size:	102296

1240 STATE OF NEW JERSEY v. CAMILE LAMAR WILLIAMS -- rank: 839

... defendant on twenty-seven counts of first-degree armed robbery, N.J.S.A. 2C:15-1 (counts eight through ten, seventeen through twenty ... second-degree possession of a handgun for an unlawful purpose, N.J.S.A. 2C:39-4(a) (counts eleven through thirteen, twenty-one ... of third-degree possession of a handgun without a permit, N.J.S.A. 2C:39-5(b) (counts fourteen, twenty-five, thirty-five ... seven counts of second-degree conspiracy to commit armed robbery, N.J.S.A. 2C:15-1 and N.J.S.A. 2C:5-2 (counts fifteen, twenty-six, thirty-six, fifty ... hundred and five); three counts of fourth-degree aggravated assault, N.J.S.A. 2C:12-1(b)(4) (counts eighty-eight, ninety- ...

docket:	a3084-10
court:	NJ Superior Court Appellate Division
decided:	2012-12-24
status:	unpublished
citation:
Document Size:	94075

1241 STATE OF NEW JERSEY v. CARLIA M. BRADY -- rank: 839

... the Middlesex Vicinage, charging her with second-degree official misconduct, N.J.S.A. 2C:30-2b (count one); and two counts of third-degree hindering the apprehension or prosecution of Jason Prontnicki, N.J.S.A. 2C:29-3a(1) and a(2) (counts two and ... harboring Prontnicki, knowing he was a fugitive charged with robbery, N.J.S.A. 2C:29-3a(1), and by "deceiving law enforcement by not immediately notifying law enforcement of . . . Prontnicki's . . . whereabouts." N.J.S.A. 2C:29-3a(5). The prosecutor further advised that he ... written instructions to the grand jury, including the elements of N.J.S.A. 2C:29-3a(1) and (2), 2 and criminal attempt, N.J.S.A. 2C:5-1. As to official misconduct, N.J. ...

docket:	a0483-16
court:	NJ Superior Court Appellate Division
decided:	2017-09-11
status:	published
citation:	452 N.J.Super. 143 172 A.3d 550
Document Size:	86949

1242 IN THE MATTER OF THE PETITION OF NEW JERSEY NATURAL GAS COMPANY FOR A DETERMINATION CONCERNING THE SOUTHERN RELIABILITY LINK PURSUANT TO N.J.S.A. 40:55D-19 AND N.J.S.A. 48:9-25.4 -- rank: 839

... FOR A DETERMINATION CONCERNING THE SOUTHERN RELIABILITY LINK PURSUANT TO N.J.S.A. 40:55D- 19 AND N.J.S.A. 48:9-25.4. ______________________________ Argued January 20, 2021 – Decided ... Public Utilities (Board) granted a petition by NJNG pursuant to N.J.S.A. 40:55D-19, and determined that the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 to -163, and any local governmental development ... Joint Base), would cross the State-designated Pinelands Preservation Area, N.J.S.A. 13:18A-2, -9, and -11(b). NJNG filed an ... the service, convenience or welfare of the public' pursuant to N.J.S.A. 40:55D-19.' Reviewing that evidence, the Board explained ...

docket:	a3666-15
court:	NJ Superior Court Appellate Division
decided:	2021-04-29
status:	Unpublished
citation:
Document Size:	94564

1243 DELMARVA POWER AND LIGHT CO. v. DIRECTOR, DIVISION OF TAXATION, <br -- rank: 839

... New Jersey Corporation Business Tax Act (the “CBT Act”), N.J.S.A. 54:10A-1 to -40, and the New Jersey Franchise ... and Gross Receipts Tax Act (the “F&GRT Act”), N.J.S.A. 54:30A-16 to -67 ( repealed by L. 1997, c ... unless it was either specifically exempt from that tax under N.J.S.A. 54:10A-3(f) or was constitutionally * protected from being taxed. The exemption from the CBT in N.J.S.A. 54:10A-3(f) applied, for the years 1994 to ... statute or law imposing a similar tax or taxes.” N.J.S.A. 54:10A-3(f). infra , this slip op. p. 7 ... 0.030% 0.017% 0.023% CBT Allocation Factor Under N.J.S.A. 54:10A-6 Per Delmarva’s Tax Returns 2 ...

docket:	00343-99
court:
decided:	2006-07-14
status:
citation:
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1244 ADAM DIPAOLO VS. BOARD OF EDUCATION, ETC. -- rank: 839

... the court was therefore required to vacate the award under N.J.S.A. 2A:24-8(a). Unpersuaded by plaintiff's arguments, we ... certified a tenure charge of inefficiency against plaintiff pursuant to N.J.S.A. 18A:6-17.3(a), which requires the filing of ... pay pending disposition of the tenure charge. In accordance with N.J.S.A. 18A:6-17.3(c), the New Jersey Commissioner of ... for the Children of New Jersey Act (the TEACHNJ Act), N.J.S.A. 18A:6-117 to -129. The arbitrator detailed the five ... capricious manner in seeking termination of plaintiff's tenure. See N.J.S.A. 18A:6-17.2(a)(4). Moreover, the arbitrator further ... the A-0208-21 14 outcome of the evaluations, see N.J.S.A. 18A:6-17.2(b), even if the Board ...

docket:	a0208-21
court:	appellate
decided:	2024-07-15
status:	Unpublished
citation:
Document Size:	66132

1245 EVEREST REINSURANCE CO. v. NEWARK DIVISION OF TAX ABATEMENT AND SPECIAL TAXES -- rank: 839

... refund of $847,359.95 in Newark City Payroll Tax ( N.J.S.A. 40:48C- 14 to -19 and Newark, N.J. Rev ... in the amount of $10,767.42 is authorized by N.J.S.A. 54:51A-22, a provision of the State Tax Uniform ... and made applicable to the Newark City Payroll Tax by N.J.S.A. 40:48C-38. The facts are not in dispute. Everest ... of interest and penalties. Everest protested these two assessments, citing N.J.S.A. 40:48C-14(e), which provides that the definition of ... Rev. Ordinance 7RCD(AS) 110697 (Nov. 6, 1997), and (2) N.J.S.A. 40:48C-38, quoted below, which requires payment of the ... the determination of a liability for the taxes imposed hereunder. [ N.J.S.A. 40:48C-38. Emphasis added.] After the filing of ...

docket:	07941-97
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decided:	1998-12-02
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Document Size:	112007