Search Rutgers Law Library N.J. Court Opinions

1366 STATE OF NEW JERSEY v. LUKE V. BAKULA -- rank: 839

... found defendant guilty of two counts of aggravated sexual assault, N.J.S.A. 2C:15-2(a)(1) (count one and four); two counts of sexual assault, N.J.S.A. 2C:14-2(b) (counts two and five); and two counts of endangering the welfare of a child, N.J.S.A. 2C:25-4(a)(1) (counts three and six). The ... percent parole bar under the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. I. On appeal, defendant presents the ...

docket:	a1206-19
court:	NJ Superior Court Appellate Division
decided:	2023-12-15
status:	Unpublished
citation:
Document Size:	52873

1367 John M. Utley v. Board of Review, Department of Labor -- rank: 839

... testimony disputing Utley’s account. The appeals examiner, relying on N.J.S.A. 43:21-5(a), held that Utley’s “leaving ... attributable to their work are also subject to benefits under N.J.S.A . 43:21-5(a). (Pp. 10-13) 2. When � ... work rather than the employee. Utley satisfied his burden under N.J.S.A . 43:21-5(a) and N.J.A.C . 12 ... “voluntarily without good cause attributable to [his] work.” N.J.S.A. 43:21-5(a). The Appellate Division affirmed. We now ... or provide testimony disputing Utley’s account. Thereafter, relying on N.J.S.A. 43:21-5(a), the appeals examiner rendered a decision ... Amicus also notes that under the Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49, an employer is forbidden ...

docket:	a-126-06
court:
decided:	2008-05-15
status:
citation:	194 N.J. 534
Document Size:	83792

1368 STRATEGIC ENVIRONMENTAL v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 839

... as we explain, infra, the Department exceeded its authority under N.J.S.A. 13:1E-125.4 by seizing control of SEP's ... make the requisite showing to justify an emergency order under N.J.S.A. 13:1E-125.9. 2 A-5283-12T3 On remand ... with the requirements of the Solid Waste Management Act (SWMA), N.J.S.A. 13:1E-1 to -99.47, and included certain conditions ... Jersey Air Pollution Control Act, 7 A-5283-12T 3 N.J.S.A. 26:2C-1 to -36, and N.J.A.C ... the closure of over six hundred legacy landfills, codified at N.J.S.A. 13:1E-125.1 to -125.9 (the Legacy Landfill ... the standard for hydrogen sulfide emissions from a legacy landfill. N.J.S.A. 13:1E-125.4(a). Upon the Department verifying ...

docket:	a5283-12
court:	NJ Superior Court Appellate Division
decided:	2014-11-13
status:	published
citation:	438 N.J.Super. 125 102 A.3d 939
Document Size:	59734

1369 CLAIR W. FLINN v. AMBOY NATIONAL BANK -- rank: 839

... to be granted control over the condominium association pursuant to N.J.S.A. 46:8B-12.1(a) because defendants allegedly have ceased ... condominium association. That request is predicated upon proviso language within N.J.S.A. 46:8B-12.1(a), which plaintiffs contend requires a ... Monmouth POS contained material misrepresentations and omissions, in violation of N.J.S.A. 45:22A-37, a provision within the New Jersey Planned Real Estate Development Full Disclosure Act ("PREDFDA"), N.J.S.A. 45:22A-21 to -56. Count III of the complaint ... certain statutory provisions of the New Jersey Condominium Act ("NJCA"), N.J.S.A. 46:8B-1 to -38, (specifically N.J.S.A. 46:8B-3 and -6), and portions of the ...

docket:	a4216-12
court:	NJ Superior Court Appellate Division
decided:	2014-07-02
status:	unpublished
citation:	436 N.J.Super. 274 93 A.3d 422
Document Size:	87699

1370 NEW JERSEY DIVISION OF YOUTH & FAMILY SERVICES VS M.R. -- rank: 839

... DYFS's files and not disclosed, except as permitted by N.J.S.A. 9:6-8.10a. She was also advised that failure ... was listed in DYFS's Central Registry in accordance with N.J.S.A. 9:6-8.11 and N.J.A.C. 10 ... DYFS to investigate and monitor child abuse allegations appear in N.J.S.A. 9:6-8.8 to -8.20 and N.J.S.A. 9:6-8.21 to -8.82, enacted by L ... and L. 1974, c. 119, effective Oct. 10, 1974. Under N.J.S.A. 9:6-8.10, a person who has reason to ... to DYFS. The regulations adopted to implement the statute, see N.J.S.A. 9:6-8.15 and 9:6-8.72, ...

docket:	a5985-96
court:	njappellate
decided:	1996-07-21
status:	published
citation:	314 N.J.Super. 390
Document Size:	76304

1371 State v. Peter Papasavvas -- rank: 839

... v. DiFrisco , 142 N.J. 148 , 160 (1995) ( DiFrisco III ); N.J.S.A. 2C:11-3e. �A capital sentence is excessive and thus ...

docket:	a-02-00
court:	njsupreme
decided:	2002-02-14
status:
citation:	170 N.J. 462
Document Size:	183277

1372 VANESSA WILLIAMS POWELL v. CITY OF NEWARK -- rank: 839

... of appointment and until a successor is appointed and qualified.' N.J.S.A. 2B:12-4(a). Following a series of reappointments, her ... 3) violation of the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -42; (4) defamation and invasion of ... 8) violation of the New Jersey Civil Rights Act (CRA), N.J.S.A. 10:6-1 to -2. A-1454-21 3 On ... pursuant to the Open Public Meetings Act's personnel exception, N.J.S.A. 10:4-12(b)(8), employees must be given reasonable ... her three-year term of appointment on October 18, 2014. N.J.S.A. 2B:12-4(a) plainly states that '[e]ach judge ... Ibid. Judge Ashley Gibbons was appointed and qualified pursuant to N.J.S.A. 2B:12-4 on May 31, 2017. As such, [ ...

docket:	a1454-21
court:	NJ Superior Court Appellate Division
decided:	2023-03-22
status:	Unpublished
citation:
Document Size:	69022

1373 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. S.A. and J.A. -- rank: 839

... did not prove each of the four statutory elements of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence ... use reasonable efforts to prevent placement of the children under N.J.S.A. 30:4C-11.3, and, further, that their due process ... that DYFS did not prove the four statutory elements of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence ... that DYFS did not prove the four statutory elements of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence ... sufficient to make a fact finding of abuse or neglect." N.J.S.A. 9:6-8.46(a)(4). Although the court, upon ... seeking a finding of aggravated circumstances against them pursuant to N.J.S.A. 30:4C-11.3(a), thereby relieving the agency, ...

docket:	a5897-06
court:	New Jersey Superior Court Appellate Division
decided:	2009-04-09
status:	Published
citation:
Document Size:	122037

1374 R.G. v. R.G. -- rank: 839

... restraining order pursuant to the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35 (the Act). On appeal, defendant ... who are brothers, fall within the amended jurisdictional provision of N.J.S.A. 2C:25-19(d). However, we agree the facts as ... change to the definition of a "Victim of Domestic Violence," N.J.S.A. 2C:25-19(d), which we agree resolves the jurisdictional ... 426 N.J. Super. 398 , 409 (App. Div. 2012) (quoting N.J.S.A. 2C:25-19(d) (1994), amended by L. 2015, c ... household member or was at any time a household member. [ N.J.S.A. 2C:25-19(d).] Defendant's attack here refers to ... liberally. Cesare , supra , 154 N.J. at 400. See also N.J.S.A. 2C:25-18 (reciting the legislature's intent to ...

docket:	a0945-15
court:	NJ Superior Court Appellate Division
decided:	2017-03-14
status:	published
citation:	449 N.J.Super. 208 156 A.3d 1074
Document Size:	62581

1375 STATE OF NEW JERSEY v. JOHN FARKAS -- rank: 839

... degree criminal sexual contact with a seventeen-year-old victim, N.J.S.A. 2C:14-3(a), and third- degree criminal restraint, N.J.S.A. 2C:13-2. The original judgment of conviction showed the ... conviction to order defendant's compliance with Megan's Law, N.J.S.A. 2C:7-1 to -23, which is a mandatory sentence ... a conviction for criminal sexual contact with a minor. See N.J.S.A. 2C:7-2(a) and (b)(2). Defendant appeals from ... degree criminal sexual assault of a seventeen-year-old victim, N.J.S.A. 2C:14-3(a), and third-degree criminal A-4386-19 4 restraint, N.J.S.A. 2C:13-2. The record does not include a ...

docket:	a4386-19
court:	NJ Superior Court Appellate Division
decided:	2022-03-17
status:	Unpublished
citation:
Document Size:	49664

1376 State v. Richard Feaster -- rank: 839

... or matter without having caused irreparable harm to any party.� N.J.S.A. 2C:28-1d. Sadlowski�s counsel also advised the PCR ... advantage of the safe harbor against perjury prosecutions provided by N.J.S.A. 2C:28-1d -- and assert his privilege against self-incrimination ... a discretionary function of the executive, not of the judiciary. N.J.S.A. 2A:81-17.3 requires a written request from �the ...

docket:	a-63-03
court:	njsupreme
decided:	2005-07-14
status:
citation:	184 N.J. 235
Document Size:	164244

1377 STATE OF NEW JERSEY VS. FUQUAN K. KNIGHT, ET AL. -- rank: 839

... parole ineligibility period under the No Early Release Act ('NERA'), N.J.S.A. 2C:43-7.2. Defendants raise substantially overlapping issues on ... counts: (1) second-degree conspiracy to commit robbery against Osbourne, N.J.S.A. 2C:5-2(a)(1); (2) first-degree armed robbery, N.J.S.A. 2C:15-1; (3) third-degree unlawful possession of a shotgun, N.J.S.A. 2C:39-5(c)(1); and (4) second-degree possession of a shotgun for an unlawful purpose, N.J.S.A. 2C:39- A-0377-20 11 4(a). Shaquan was ... second-degree conspiracy to commit a robbery or bodily injury, N.J.S.A. 2C:5- 2(a)(1), 2C:15-1(a)( ...

docket:	a0377-20a0437-21
court:	appellate
decided:	2023-12-19
status:	Unpublished
citation:
Document Size:	100600

1378 Weiss v. Goldfarb -- rank: 839

... the time of the alleged malpractice, the Charitable Immunity Act, N.J.S.A. 2A:53A-8, limited a hospital's liability to no ... subsequent to the Collopy trilogy of cases, the Legislature passed N.J.S.A. 2A:53A-8, which provides charitable immunity for nonprofit hospitals ... organized exclusively for hospital purposes shall not be liable therefor. [ N.J.S.A. 2A:53A-8. See footnote 1 ] The constitutionality of the ... and associations organized for religious, charitable, educational or hospital purposes. [ N.J.S.A. 2A:53A-10.] In furtherance of that purpose, this Court ... defendants found liable. Such apportionment implicates the comparative negligence statute, N.J.S.A. 2A:15-5.1 to -5.3. Plaintiff's request ... the negligence of the person against whom recovery is sought.� N.J.S.A. 2A:15-5.1. �New Jersey has a 'modified' ...

docket:	a-73-97
court:	njsupreme
decided:	1998-06-16
status:
citation:	154 N.J. 468
Document Size:	87948

1379 IN THE MATTER OF NEW JERSEY SPORTS AND EXPOSITION AUTHORITY RESOLUTION 2020-07 ADOPTING THE HACKENSACK MEADOWLANDS DISTRICT MASTER PLAN UPDATE 2020 -- rank: 839

... to include information related to its Open Public Records Act, N.J.S.A. 47:1A-1 to -12, requests it made to the ... enactment of the Hackensack Meadowlands Reclamation and Development Act, (HMRDA), N.J.S.A. 13:17-1 to -86.2 It is comprised of ... Kearny, North Bergen[,] and Secaucus, all in Hudson [C]ounty.' N.J.S.A. 13:17-3(j). A-2868-19 3 The NJSEA The Hackensack Meadowlands Agency Consolidation Act (HMACA), N.J.S.A. 5:10A-1 to -68, merged the former New Jersey ... and its varied and vast responsibilities 4 into the NJSEA. N.J.S.A. 5:10A-6 to -7. Pertinent to this appeal are ... the purpose of overseeing the orderly development of the Meadowlands (N.J.S.A. 13:17-1 [to -86]). The Commission was empowered ...

docket:	a2868-19
court:	NJ Superior Court Appellate Division
decided:	2022-01-27
status:	Unpublished
citation:
Document Size:	100326

1380 STATE OF NEW JERSEY v. ANTWAN J. HORTON -- rank: 839

... jury convicted defendant Antwan Horton of second-degree reckless manslaughter, N.J.S.A. 2C:11-4(b)(1), and third-degree attempted aggravated assault, N.J.S.A. 2C:12-1(b)(1). The trial court sentenced defendant ... in prison, subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, and a consecutive four years for ... Jury returned an indictment, charging defendant with first-degree murder, N.J.S.A. 2C:11-3(a)(1) and/or (2) (count one); first-degree attempted murder, N.J.S.A. 2C:5-1 and N.J.S.A. 2C:11-3 (count two); second-degree unlawful possession ...

docket:	a1722-16
court:	NJ Superior Court Appellate Division
decided:	2019-03-15
status:	Unpublished
citation:
Document Size:	90029