Search Rutgers Law Library N.J. Court Opinions

166 J.H. v. RM Tagliareni -- rank: 846

... DCA), for compliance with the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1 to -28, and the Regulations for Maintenance ... regulate the construction and maintenance of hotels and multiple dwellings. N.J.S.A. 55:13A-7 (emphasis added) provides that “[a]ny ... The regulations therefore define with the force of law, see N.J.S.A. 55:13A-7, -9(a), the minimum standards for safety ... guilty to fourth - degree child abuse or neglect, contrary to N.J.S.A. 9:6-1 and -3. B. On October 7, 2014 ... DCA), for compliance with the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1 to -28, and Regulations for Maintenance of ... of Housing Inspection administers the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1 to -28.3 3 According to ...

docket:	a-6-18
court:	NJ Supreme Court
decided:	2019-07-31
status:
citation:	--- A.3d ----
Document Size:	126403

167 DEG, LLC v. Township of Fairfield, et al. -- rank: 846

... was no market area available due to local ordinances and N.J.S.A. 2C:34-7, which prohibits operation of a sexually oriented ... against Fairfield. DEG alleged that Fairfield’s zoning ordinance and N.J.S.A. 2C:34-7 were unconstitutional and that the denial of ... held that DEG established a reasonable likelihood of proving that N.J.S.A. 2C:34-7, if applied to DEG’s location, would ... prepared a second report concluding that DEG’s business violated N.J.S.A. 2C:34-7 because it was located within 1,000 ... negotiations, Fairfield and DEG agreed to settle the challenge to N.J.S.A. 2C:34-7. Fairfield’s township council approved the settlement ... authority to settle DEG’s as-applied constitutional challenge to N.J.S.A. 2C:34-7. A municipality should not be required ...

docket:	a-116-07
court:
decided:	2009-03-25
status:
citation:	198 N.J. 229
Document Size:	114216

168 State v. Kirby Lenihan -- rank: 846

... a unanimous Court. The issue in this appeal is whether N.J.S.A. 39:3-76.2f, the Mandatory Seat Belt Usage Law ... safety,” or a predicate offense within the meaning of N.J.S.A. 2C:40-18b. On Friday, August 10, 2007, just after ... indictment charging defendant in count one with a violation of N.J.S.A. 2C:40-18a, a second-degree offense, based on the ... The indictment also charged defendant with second-degree vehicular homicide, N.J.S.A. 2C:11-5a (count two); and first-degree vehicular homicide within 1000 feet of school property, N.J.S.A. 2C:11-5b(3) (count three). The latter charge was ... protect the public health and safety” within the meaning of N.J.S.A. 2C:40-18. That motion was denied by the ...

docket:	A-45-12
court:	NJ Supreme Court
decided:	2014-09-18
status:
citation:	219 N.J. 251 98 A.3d 533
Document Size:	81798

169 STATE V. BOBBY LEE BROWN -- rank: 846

... that Brown had committed the homicides "by his own conduct," N.J.S.A. 2C:11-3b. If the State elects again to seek ... his conviction and death sentence to this Court, pursuant to N.J.S.A. 2C:11-3e. Defendant advances numerous contentions on appeal, some ... by [their] own conduct" or procured its commission through payment. N.J.S.A. 2C:11-3c. ����In Gerald , supra , we adopted the view ... Most significantly, we determined that constitutional considerations, the mandate of N.J.S.A. 2C:11-3f, and our decision in Czachor required the ... a mandatory thirty-year term for each murder. As discussed, N.J.S.A. 2C:11-3f expressly provides for such an instruction to ... guilty of murder and should be sentenced in accordance with N.J.S.A. 2C:11-3b to at least a mandatory term ...

docket:	a-20-93
court:	njsupreme
decided:	1994-12-21
status:
citation:	138 N.J. 481
Document Size:	257909

170 State of New Jersey v. J.G. -- rank: 846

... G. and the Pastor were privileged, the court looked to N.J.S.A. 2A:84A-23, which defines the cleric-penitent privilege, and ... on July 1, 1993, the cleric-penitent privilege found at N.J.S.A . 2A:84A-23 was included without change as N.J ... they prevent the trier of fact from hearing relevant evidence. N.J.S.A. 2A:84A-23 provides the basic framework for determining when ... G. on four counts of first-degree aggravated sexual assault, N.J.S.A. 2A:84A-23, which defines the cleric-penitent privilege, and ... enacting a statute in 1947. See L. 1947, c. 324 ( N.J.S.A. 2A:81-9 (1947)). The law provided that [a] clergyman ... expanded the 1947 statute. See L. 1960, c. 52, � 23 ( N.J.S.A. 2A:84A-23 (1960)). The new law -- labeled the " ...

docket:	a-44-08
court:	supreme
decided:	2010-04-07
status:
citation:	201 N.J. 369 990 A.2d 1122
Document Size:	198152

171 State v. Covell -- rank: 846

... Court. ����Covell was convicted of child luring in violation of N.J.S.A. 2C:13-6. At issue in this appeal is whether ... Thomas Covell, was convicted of child luring in violation of N.J.S.A. 2C:13-6. That statute states: ��������A person commits a ... Thomas Covell, who was arrested for child luring, contrary to N.J.S.A. 2C:13-6. ����The arrest report described defendant as a ... the street, waving her on." ����To secure a conviction under N.J.S.A. 2C:13-6, for the State to establish that defendant ...

docket:	a-13-98
court:	njsupreme
decided:	1999-03-24
status:
citation:	157 N.J. 554
Document Size:	59987

172 Paul M. DePascale v. State of New Jersey -- rank: 846

... ratified by enacting L. 1948, c. 391 (eventually codified at N.J.S.A. 43:6-6.4 to -6.10), which provided a ... to replace the various judicial pension programs previously codified at N.J.S.A. 43:6-6.4 to -6.10 and N.J.S.A. 2A:3-21.2 to -21.13. The JRS, codified at N.J.S.A. 43:6A-1 to -47, established procedures that have governed ... of the Supreme Court and judges of the Superior Court. N.J.S.A. 43:6A-5. As the legislative history to the JRS ... imposed a pension contribution requirement on justices and judges. See N.J.S.A. 43:6A-34.1(b) (requiring three-percent deduction ...

docket:	A-34-11
court:	NJ Supreme Court
decided:	2012-07-24
status:
citation:	211 N.J. 40 47 A.3d 690
Document Size:	196419

173 Parsons v. Mullica Township Board of Education -- rank: 846

... pursuant to the New Jersey Tort Claims Act (“TCA”), N.J.S.A. 59:6-4, for failure to report the results of ... Defendants argued that they were immunized pursuant to the TCA, N.J.S.A. 59:6-4, which provides immunity to public entities and ... of a physical examination, and therefore, are afforded immunity under N.J.S.A. 59:6-4. Plaintiffs countered that the failure to communicate ... the physical examination fell outside the purview of immunity under N.J.S.A. 59:6-4. The trial court denied defendants’ motion for summary judgment, finding that N.J.S.A. 59:6-4 did not immunize the nurse for failing ... the examination. The exceptions plaintiffs sought to carve out of N.J.S.A. 59:6-4 would excise from such examinations their ...

docket:	a-69-14
court:	New Jersey Supreme Court
decided:	2016-08-17
status:
citation:
Document Size:	74952

174 /usr/local/share/www/libweb/collections/courts/supreme/a-c0-11.opn.html -- rank: 846

... calculating the ten-year period of the statute of repose, N.J.S.A. 2A:14-1.1(a), and 2) whether the Comparative Negligence Act, N.J.S.A. 2A:15-5.2, and the Joint Tortfeasors Contribution Law, N.J.S.A. 2A:53A-2, authorize allocation of fault at trial to ... Hamnett defendants were barred by both the statute of repose, N.J.S.A. 2A:14-1.1(a), and the statute of limitations, N.J.S.A. 2A:14-1.2(a). The Brandt-Kuybida defendants filed ... could not under any circumstances be a joint tortfeasor under N.J.S.A. 2A:53A-2. Third, statutory constraints on a plaintiff’ ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	100379

175 State of New Jersey v. Kelvin L. McLean -- rank: 846

... of third-degree possession of a controlled dangerous substance (cocaine), N.J.S.A. 2C:35-10a(1); third-degree possession of a controlled dangerous substance (heroin), N.J.S.A. 2C:35-10a(1); third-degree possession of a controlled dangerous substance (heroin) with intent to distribute, N.J.S.A. 2C:35-5a(1); and third-degree possession of a ... intent to distribute within 1000 feet of a school property, N.J.S.A. 2C:35-7. He was sentenced on the school zone ... of a controlled dangerous substance (heroin) with intent to distribute, N.J.S.A. 2C:35-5a(1); and third-degree possession of a ... intent to distribute within 1000 feet of a school property, N.J.S.A. 2C:35-7. CHIEF JUSTICE RABNER and JUSTICES LONG, ...

docket:	a-98-09
court:	superior court trial
decided:	2011-03-31
status:
citation:	205 N.J. 438 16 A.3d 332
Document Size:	96118

176 John Paff v. Ocean County Prosecutors Office -- rank: 846

... appeal, the Court applies the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, to recordings made by mobile ... record” from the definition of a “government record,” N.J.S.A. 47:1A-1.1; its exemption for records pertaining to an “investigation in progress,” N.J.S.A. 47:1A-3(a); and its mandate that a public ... would violate the citizen’s reasonable expectation of privacy,” N.J.S.A. 47:1A-1. Counsel for the driver advised the OCPO ... the MVR recordings constitute criminal investigatory records for purposes of N.J.S.A. 47:1A-1.1. Id. at 203 (Gilson, J., dissenting ... were not “required by law” within the meaning of N.J.S.A. 47:1A-1.1, that they constitute criminal investigatory ...

docket:	a_17_16
court:	NJ Supreme Court
decided:	2018-08-13
status:
citation:
Document Size:	103400

177 The Committee to Recall Robert Menendez v. Nina Wells -- rank: 846

... voters in a district. The Uniform Recall Election Law (UREL), N.J.S.A. 19:27A-1 to -18, which went into effect on ... this State or any State or local elected official.” N.J.S.A. 19:27A-2. 2 On September 25 , 2009, pursuant to ... recall process outlined in the Uniform Recall Election Law (UREL), N.J.S.A. 19:27A-1 to -18, which implements article I, paragraph ... this State or any State or local elected official.” N.J.S.A. 19:27A-2. Under the UREL, a registered voter seeking ... information about the sponsors and the committee petitioning for recall. N.J.S.A. 19:27A-6. The recall election official must then review ... three business days for “compliance with the provisions of [ N.J.S.A. 19:27A-6].” N.J.S.A. 19: ...

docket:	A-86-09
court:	NJ Supreme Court
decided:	2010-11-18
status:
citation:	204 N.J. 79 7 A.3d 720
Document Size:	437147

178 Hunterdon Medical Center v. Township of Readington -- rank: 846

... pulmonary rehabilitation services is exempt from local property taxation under N.J.S.A. 54:4-3.6. That statute exempts from taxation real ... Center received an exemption from local property tax pursuant to N.J.S.A. 54:4-3.6. However, for the 2000 tax year ... campus hospital facilities that would qualify for tax exemption under N.J.S.A. 54:4-3.6. The court’s test comprised three ... a core “hospital purpose” under the tax exemption statute ( N.J.S.A. 54:4-3.6). When an off-site facility provides ... purposes” for the purpose of the tax exemption provided by N.J.S.A. 54:4-3.6. (pp. 16-26) 2. In the ... post-admission, constitutes a presumptive core “hospital purpose” under N.J.S.A. 54:4-3.6. Whether the hospital delivers such ...

docket:	a-17-07
court:
decided:	2008-07-14
status:
citation:	195 N.J. 549
Document Size:	125489

179 Burgosv. State of New Jersey -- rank: 846

... be reduced once the right to them had attached. See N.J.S.A. 43:3C-9.5(a)-(b). The individual members of ... of Chapter 78, L. 2011, c. 78, the Legislature amended N.J.S.A. 43:3C-9.5(c). Chapter 78’s amendment to ... systems. They include the Police and Firemen’s Retirement System, N.J.S.A. 43:16A-1 to -68; the Public Employees’ Retirement System, N.J.S.A. 43:15A-1 to -161; the Teachers’ Pension and Annuity Fund, N.J.S.A. 18A:66-1 to -93; the State Police Retirement System, N.J.S.A. 53:5A-1 to -47; the Consolidated Police and ...

docket:	A-55-04
court:	NJ Supreme Court
decided:	2015-06-09
status:
citation:
Document Size:	384416

180 State v. Rene M. Rodriguez -- rank: 846

... period of license suspension for driving while intoxicated (DWI) under N.J.S.A. 2C:40-26. The issue presented is whether N.J.S.A. 2C:40-26(c) -- which prescribes a “fixed minimum� ... sentence of at least 180 days without parole eligibility -- overrides N.J.S.A. 2C:43-2(b)(7)’s general sentencing option ... Id. at 224-25. The panel also pointed out that N.J.S.A. 2C:40-26(c) contains no language requiring that days ... sentenced to a fixed minimum term of parole ineligibility under N.J.S.A. 2C:40-26(c) may not serve his or her sentence intermittently at night or on weekends pursuant to N.J.S.A. 2C:43-2(b)(7). 1 1. The Criminal ...

docket:	a-80-17
court:	NJ Supreme Court
decided:	2019-05-21
status:
citation:	238 N.J. 105 207 A.3d 1269
Document Size:	43710