Search Rutgers Law Library N.J. Court Opinions

1306 STATE OF NEW JERSEY v. JOSEPH A. FERRETTI -- rank: 839

... from his conviction by jury for second- degree vehicular homicide, N.J.S.A. 2C:11-5 (count one), 1 and his five-year ... prison sentence, subject to the No Early Release Act (NERA), N.J.S.A. 2C:43- 7.2. Defendant and codefendant Joseph Meyer were ... offer to plead guilty to second-degree vehicular homicide, 2 N.J.S.A. 2C:11-5, and provide truthful testimony if called as ... and dismissed the other indicted charge, first - degree aggravated manslaughter, N.J.S.A. 2C:11-4(a) (count two). R. 3:18-1. 2 The other indicted charge, first-degree aggravated manslaughter, N.J.S.A. 2C:11-4(a) (count two), was dismissed pursuant to ... a reasonable person would observe in the actor's situation. [N.J.S.A. 2C:2-2(b)(3).] Examination of the causation ...

docket:	a4310-17
court:	NJ Superior Court Appellate Division
decided:	2020-04-30
status:	Unpublished
citation:
Document Size:	45798

1307 EUGENIA C. MORAN v. BYRAM TOWNSHIP -- rank: 839

... by GRALL, J.A.D. Through the Local Budget Law, N.J.S.A. 40A:4-1 to -89, the Legislature presently limits increases ... appropriations or the cost-of-living adjustment, whichever is less. N.J.S.A. 40A:4-45.3. There are, however, several exceptions. Pertinent ... living adjustment is equal to or less than 2.5%. N.J.S.A. 40A:4-45.14. The question presented in this case is whether an ordinance authorized by N.J.S.A. 40A:4-45.14 is subject to a referendum authorized by N.J.S.A. 40:69A-185, a provision of the Optional Municipal Charter Law commonly known as the Faulkner Act, N.J.S.A. 40:69A-1 to -210. Because the Legislature "has ...

docket:	a5479-11
court:	NJ Superior Court Appellate Division
decided:	2013-07-10
status:	published
citation:	432 N.J.Super. 8 71 A.3d 905
Document Size:	40424

1308 ROGER VOGEL - v. BOARD OF TRUSTEES POLICE AND FIREMEN'S RETIREMENT SYSTEM - -- rank: 839

... membership in the Police and Firemen's Retirement System (PFRS), N.J.S.A. 43:16A-1 to -68. The Board of Trustees (Board ... as a juvenile corrections officer under the Police Training Act, N.J.S.A. 52:17B-66 to -77, and the Juvenile Justice Act, N.J.S.A. 52:17B-169 to -178. We vacate and remand. I ... meet the PFRS's definition of a "policeman" or "fireman." N.J.S.A. 43:16A-1(3), -3. The PFRS provides in pertinent ... comparable training requirements as determined by the board of trustees[.] [ N.J.S.A. 43:16A-1(2)(a) (emphasis added).] N.J.S.A. 43:16A-1(2)(a) does not expressly state ...

docket:	a5547-12
court:	New Jersey Superior Court Appellate Division
decided:	2015-06-04
status:	Published
citation:
Document Size:	58498

1309 GINA PARASCANDOLO v. DEPARTMENT OF LABOR BOARD OF REVIEW -- rank: 839

... A.D. In enacting the Temporary Disability Benefits Law (TDBL), N.J.S.A. 43:21-25 to -66, the Legislature sought to provide ... that was not covered by the Workers' Compensation Act (WCA), N.J.S.A. 34:15-1 to -128.5. The TDBL was to ... benefits should not duplicate benefits provided under the WCA. See N.J.S.A. 43:21-26, -30. Because the TDBL was generally applied ... direct performance of duties assigned or directed by the employer." N.J.S.A. 34:15-36; see Hersh v. Cnty. of Morris , 217 ... 1936 with the passage of the Unemployment Compensation Law (UCL), N.J.S.A. 43:21-1 to -24.30. See Butler v. Bakelite ... caused by nonoccupational sickness, accidents, or other disabilities of workers. [ N.J.S.A. 43:21-26 (emphasis added).] The Legislature declared that ...

docket:	a3209-11
court:	NJ Superior Court Appellate Division
decided:	2014-05-22
status:	published
citation:	435 N.J.Super. 617 90 A.3d 669
Document Size:	56690

1310 FIREMAN'S FUND INSURANCE COMPANY et al. v. JOHN C. IMBESI, et al. -- rank: 839

... in violation of the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-12. She claimed both compensatory and punitive damages ... and hostile work environment sexual harassment, contrary to the LAD, N.J.S.A. 10:5-12;          Count Three : gender-motivated violence, contrary to ... her constructive discharge, contrary to the Conscientious Employee Protection Act, N.J.S.A. 34:19-3;          Count Eleven : wrongful discharge;          Counts Twelve and ...

docket:	a3443-01
court:	njappellate
decided:	2003-07-01
status:	published
citation:	361 N.J. Super. 539
Document Size:	153170

1311 IN THE MATTER OF REGISTRANT C.J. -- rank: 839

... the registration and community notification provisions of 'Megan's Law,' N.J.S.A. 2C:7-1 to -23. C.J. contends the trial ... Registrant C.A., 146 N.J. 71, 80 (1996) (quoting N.J.S.A. 2C:7-1(a)). In fact, '[t]he expressed purposes ... 461 N.J. Super. 385, 394 (App. Div. 2019) (quoting N.J.S.A. 2C:7-1). 'The law is remedial and not intended ... T.T., 188 N.J. 321, 327-28 (2006) (citing N.J.S.A. 2C:7-2). The extent of community notification chiefly results ... low), Tier II (moderate), or Ti er III (high) offender. N.J.S.A. 2C:7-8(a), (c)(1) to (3). 3 Tier ... the RRAS. A.A., 461 N.J. Super. at 402. N.J.S.A. 2C:7-8(a) authorized the Attorney General to ...

docket:	a1387-21
court:	NJ Superior Court Appellate Division
decided:	2022-12-02
status:	Published
citation:
Document Size:	57214

1312 J.S. v. R.T.H. -- rank: 839

... designed to prevent the sexual abuse of children. For example, N.J.S.A. 9:6-8.10 requires any person having reasonable cause ... that the legal rights of such children are fully protected. [ N.J.S.A. 9:6-8.8.] It is a disorderly persons offense ... child abuse has been committed, is a disorderly person'") (quoting N.J.S.A. 9:6-8.75, which establishes the New Jersey Task ... Child Abuse and Neglect. See footnote 3     "Megan's Law," N.J.S.A. 2C:7-1 to -11, provides yet more evidence of ... that the minor children were members of the class that N.J.S.A. 9:6-8.10 was meant to protect and that ... would have been lawfully compelled to report that occurrence. See N.J.S.A. 9:6-8.10. Further, the child-abuse reporting ...

docket:	a-98-97
court:	njsupreme
decided:	1998-07-29
status:
citation:	155 N.J. 330
Document Size:	68160

1313 /usr/local/share/www/libweb/collections/courts/appellate/a2011-12a2988-12a3099-12.opn.html -- rank: 839

... Leon Peterson were convicted of one count of armed robbery ( N.J.S.A. 2C:15-1); one count of conspiracy to commit robbery ( N.J.S.A. 2C:5-2, 2C:15-1); one count of possession ... Johnson, and Peterson for two counts of first degree robbery, ( N.J.S.A. 2C:15-1) (counts one and two); conspiracy to commit robbery, ( N.J.S.A. 2C:5-2, 2C:15-1) (count three); possession of ... parole ineligibility pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. On the aggravated sexual assault count ... assault. Both sexual assault and aggravated sexual assault require penetration, N.J.S.A. 2C:14-2, while sexual contact and aggravated sexual ...

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court:	NJ Superior Court Law/Chancery Division
decided:
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citation:
Document Size:	80421

1314 S.W v. G.W -- rank: 839

... trial judge awarded defendant permanent alimony utilizing the version of N.J.S.A. 2A:34-23(b) that existed before its amendment in ... v. Steneken, 183 N.J. 290, 299 (2005). Pursuant to N.J.S.A. 2A:34- 23.1, the Legislature has provided sixteen factors ... courts must remain true to the legislative mandate expressed in N.J.S.A. 2A:34-23.1, which assures an ordered equitable distribution ... and approximately $1,321,000 in mortgage debt. Pursuant to N.J.S.A. 2A:34-23.1(l), the judge found defendant had ... award that lacks consideration of the factors set forth in N.J.S.A. 2A:34-23(b) is inadequate[.]' Crews v. Crews, 164 ... nature of the case shall render fit, reasonable and just[.]' N.J.S.A. 2A:34-23. The standard of living during the ...

docket:	a4063-14
court:	NJ Superior Court Appellate Division
decided:	2018-02-20
status:	unpublished
citation:
Document Size:	170363

1315 /usr/local/share/www/libweb/collections/courts/appellate/a2062-18.opn.html -- rank: 839

... trial court conducted a Title Nine fact-finding hearing, see N.J.S.A. 9:6-8.44 (defining the term 'fact-finding hearing ... abuse or neglect against defendant A-2062-18T4 4 under N.J.S.A. 9:6-8.21(c). Thereafter, the court entered a ... a child was abused or neglected within the meaning of N.J.S.A. 9:6-8.21(c), '[t]he Division bears the ... v. A.L., 213 N.J. 1, 22 (2013); accord N.J.S.A. 9:6-8.46(b)(1). The Division must meet its burden with 'competent, material and relevant' proofs. N.J.S.A. 9:6-8.46(b). Absent an abuse of discretion ... conclusion that a child's statements were corroborated pursuant to N.J.S.A. 9:6-8.46(a)).5 5 The Division ...

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1316 State v. Joey J. Fowler -- rank: 839

... states of “purposely” and “knowingly” are defined in N.J.S.A. 2C:2-2. To be guilty of murder, a person ... cause[] the death of another human being” purposefully or knowingly. N.J.S.A. 2C:11-2, -3. N.J.S.A. 2C:2-3(b) explains that “the actual result ... force by such other person on the present occasion.” N.J.S.A. 2C:3-4(a). If a self-defense charge is ... honor Hearns’s request for a self-defense charge. When N.J.S.A. 2C:3-4(a), N.J.S.A. 2C:3-4(b)(2), and N.J.S. ...

docket:	a-5-18
court:	NJ Supreme Court
decided:	2019-07-30
status:
citation:	--- A.3d ----
Document Size:	76421

1317 STATE OF NEW JERSEY v. RICKY WILLIAMS -- rank: 839

... jury found defendant guilty of third-degree possession of heroin, N.J.S.A. 2C:35-10(a)(1) (count one) 3 ; second-degree ... less than five ounces of heroin with intent to distribute, N.J.S.A. 2C:35-5(b)(2) (count two); third-degree possession ... intent to distribute within 1,000 feet of school property, N.J.S.A. 2C:35-7 (count three); second-degree possession of heroin ... intent to distribute within 500 feet of a public park, N.J.S.A. 2C:35-7.1 (count four). Defendant filed a pro ... defendant argues the State failed to prove. We disagree. Under N.J.S.A. 2C:2-1(c), one has committed the act of ... State moved for an extended term of imprisonment pursuant to N.J.S.A. 2C:43-6(f), due to defendant's past ...

docket:	a3960-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-07
status:	unpublished
citation:
Document Size:	70450

1318 H.R. v. New Jersey State Parole Board -- rank: 839

... level of risk” such offenders pose to the community. See N.J.S.A. 30:4-123.90(a). SOMA declares that “[i ... offender under Megan’s Law -- are automatically subject to SOMA. N.J.S.A. 30:4-123.91(a)(1). And a person also ... enacted the Sex Offender Monitoring Act (SOMA or the Act), N.J.S.A. 30:4-123.89 to -123.99, declaring that 2 ... specifically Tier III sex offenders under Megan’s Law, see N.J.S.A. 2C:7-8(c)(3) -- submit to continuous satellite-based monitoring. N.J.S.A. 30:4-123.91(a)(1) and -123.92. The ... using an ankle device with Global Positioning System (GPS) technology. N.J.S.A. 30:4-123.92. Plaintiff H.R. is a ...

docket:	a-90-18
court:	NJ Supreme Court
decided:	0000-00-00
status:
citation:
Document Size:	61490

1319 R.A. FEUER v. MERCK & CO., INC -- rank: 839

... shareholder's right to inspect a corporation's records under N.J.S.A. 14A:5-28 and the common law. Plaintiff, a Merck ... the court was empowered to permit him to inspect under N.J.S.A. 14A:5-28(4). Plaintiff also misreads a 1988 amendment ... the heart of this appeal. He invoked his rights under N.J.S.A. 14A:5-28(4), but not the common law. He ... Feuer sought documents responsive to his twelve demands pursuant to N.J.S.A. 14A:5-28 and the common law. In count two ... The court held that Feuer had a 'proper purpose' under N.J.S.A. 14:5-28 in seeking the documents. But, the documents ... 1262-16T3 A. We consider first Feuer's contention that N.J.S.A. 14A:5- 28(4) entitled him to the documents ...

docket:	a1262-16
court:	NJ Superior Court Appellate Division
decided:	2018-06-01
status:	unpublished
citation:	455 N.J.Super. 69 187 A.3d 873
Document Size:	114372

1320 LOUIS HORNBERGER, ROBERT TONKERY et al. v. AMERICAN BROADCASTING COMPANIES, INC., et al. -- rank: 839

... violated the New Jersey Wiretapping and Electronic Surveillance Control Act, N.J.S.A. 2A:156A-1 to -34; and (3) defendants fraudulently procured ... violated the New Jersey Wiretapping and Electronic Surveillance Control Act, N.J.S.A. 2A:156A-1 to -34, by intercepting plaintiffs' oral communications ... major problem," and no tickets were issued for careless driving, N.J.S.A. 39:4-85, -88, or failure to have a proper identification insurance card, N.J.S.A. 39:3-29.     4. It was "late at night," approximately ... that defendants violated the Wiretapping and Electronic Surveillance Control Act, N.J.S.A. 2A:156A-1 to -34 (the Act). Plaintiffs' claims go ... is not subject to interception under circumstances justifying such expectation." N.J.S.A. 2A:156A-2(b).     The Act provides that         any ...

docket:	A0783-00
court:	NJ Superior Court Appellate Division
decided:	2002-05-21
status:	published
citation:	351 N.J. Super. 577 799 A.2d 566
Document Size:	138284