Search Rutgers Law Library N.J. Court Opinions

1666 Motorworld, Inc. v. William Benkendorf, et al. -- rank: 835

... constructively fraudulent transfer under the Uniform Fraudulent Transfer Act (UFTA), N.J.S.A. 25:2-20 to -34. 2 In 2004 , Benkendorf approached ... found that the Release was a constructively fraudulent transfer under N.J.S.A. 25:2-27(a) because Motorworld received no “reasonably ... transfer was not made for “reasonably equivalent value” under N.J.S.A. 25:2-27(a), and plaintiffs established all elements of ... debtor became insolvent as a result of the transfer.” N.J.S.A. 25:2-27(a). (pp. 14-15) 2. A court applying N.J.S.A. 25:2-27(a) must undertake a fact-sensitive inquiry ... the Release effected a “transfer” within the meaning of N.J.S.A. 25:2-27(a), that the “creditor” with ...

docket:	a_64_15
court:	NJ Supreme Court
decided:	2017-03-30
status:
citation:
Document Size:	102848

1667 JOHN PAFF v. NEW JERSEY STATE FIREMEN'S ASSOCIATION -- rank: 835

... State Firemen's Association (the Association) is a "public agency," N.J.S.A. 47:1A-1.1, under the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13. The Association maintains it is ... Ibid. The court construed the statute governing the local associations, N.J.S.A. 43:17-1 to -39, and the Association, N.J.S.A. 43:17-40 to -47, to avoid a constitutional challenge ... executive committee. L. 1996, c. 151, § 8, codified at N.J.S.A. 43:17-10. Decisions by local associations regarding requests for ... and regulations. L. 1996, c. 151, § 21, codified at N.J.S.A. 43:17-24. The Association has the power to ...

docket:	a4111-11
court:	NJ Superior Court Appellate Division
decided:	2013-06-13
status:	published
citation:	431 N.J.Super. 278 69 A.3d 118
Document Size:	45041

1668 STATE OF NEW JERSEY VS ANDREW LAZARCHICK -- rank: 835

... Defendant, Andrew Lazarchick, appeals from convictions for disorderly persons assault, N.J.S.A. 2C:12-1a, and petty disorderly persons harassment, N.J.S.A. 2C:33-4a, after a trial de novo on the ... Division's declination to review an order entered pursuant to N.J.S.A. 2C:51-2a requiring forfeiture of defendant's employment as ... weeks later, on December 12, 1996, Judge Russell, pursuant to N.J.S.A. 2C:51-2a, entered an order of forfeiture regarding defendant ... good cause" that was the statutorily mandated prerequisite for waiver, N.J.S.A. 2C:51-2e, was not present; and he therefore declined ... N.J. at 162-63. V ����Forfeiture of employment under N.J.S.A. 2C:51-2 was first mentioned by the private ...

docket:	a3082-96
court:	njappellate
decided:	1998-09-03
status:	published
citation:	314 N.J.Super. 500
Document Size:	90309

1669 STATE OF NEW JERSEY v. ONDRE H. WEEKES, -- rank: 835

... jury, defendant Ondre H. Weekes appeals his convictions for robbery, N.J.S.A. 2C:15-1(a)(1), unlawful possession of a weapon, N.J.S.A. 2C:39-5(d), and possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(d), arguing: I. THE TRIAL COURT MISCONSTRUED ... first-degree robbery (count one); 2) second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1) (count two); 3) three counts of fourth-degree aggravated assault of a police officer, N.J.S.A. 2C:12- 1(b)(5)(A) (counts three through five ... possession of a controlled dangerous substance with intent to distribute, N.J.S.A. 2C:35-5(a)(1),(b)(12) (count eight); ...

docket:	a2524-18
court:	NJ Superior Court Appellate Division
decided:	2021-10-05
status:	Unpublished
citation:
Document Size:	79763

1670 N.T.B. v. D.D.B. -- rank: 835

... marital home may constitute the predicate act of 'criminal mischief,' N.J.S.A. 2C:17-3, thereby supporting a finding of an act ... violence pursuant to the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35. The matter arises from two ... mischief because the speakers were not the 'property of another.' N.J.S.A. 2C:17-3(a)(1). Further, she avers the judge ... determined plaintiff's conduct was insufficient to establish 'harassment' under N.J.S.A. 2C:33-4. Finally, defendant challenges the sufficiency of the ... judge's conclusion she committed an act of 'simple assault,' N.J.S.A. 2C:12-1(a), which involved domestic violence supporting the ... not the property of 2 A-4542-13T2 another under N.J.S.A. 2C:17-3. However, we deem this concession to ...

docket:	a4542-13
court:	NJ Superior Court Appellate Division
decided:	2015-09-09
status:	published
citation:	442 N.J.Super. 205 121 A.3d 910
Document Size:	40517

1671 /usr/local/share/www/libweb/collections/courts/appellate/a-1-11.opn.html -- rank: 835

... he was subjected to the provisions of Megan’s Law, N.J.S.A. 2C:7-1 to -11, 19. The Appellate Division, in ...

docket:
court:	superior court appellate division
decided:
status:
citation:	212 N.J. 114 51 A.3d 793
Document Size:	134404

1672 Jed Goldfarb v. David Solimine -- rank: 835

... as defined by the Chief of the Bureau of Securities. N.J.S.A. 49:3-53(a)(3). On the list of � ... is found in a regulation, it is reinforced by statute: N.J.S.A. 49:3-71(h) declares that “[n]o person ... the contract” for a violation of the Securities Law. See N.J.S.A. 49:3-71(h). In Justice Albin’s view, the ... claim because New Jersey’s Uniform Securities Law of 1997, N.J.S.A. 49:3-47 to -89 (the Securities Law or the ... when its “making” is in violation of the Act. N.J.S.A. 49:3-71(h). Defendant’s argument equates the job ... Act’s writing requirement -- with “the contract” mentioned in N.J.S.A. 49:3-71(h). Thus, defendant contends, plaintiff’s ...

docket:	a-24-19
court:	NJ Supreme Court
decided:	2021-02-18
status:
citation:
Document Size:	70354

1673 State v. Pelham -- rank: 835

... was charged with first-degree aggravated manslaughter in contravention of N.J.S.A . 2C:11-4a. Defense counsel filed a motion to dismiss ... was charged with first-degree aggravated manslaughter in contravention of N.J.S.A. 2C:11-4a. Defense counsel filed a motion to dismiss ... to choose among alternative courses of medical and surgical treatment. [ N.J.S.A. 26:2H-54a.] The Act is intended to prevent the ... to participate actively in making his own health care decisions.� N.J.S.A. 26:2H-54c. It enables �competent adults to plan ahead ... causes death under circumstances manifesting extreme indifference to human life." N.J.S.A. 2C:11-4a. The trial court charged the jury on ... riminal homicide . . . caused by driving a vehicle or vessel recklessly." N.J.S.A. 2C:11-5a. Causation is an essential element of ...

docket:	a-26-02
court:	njsupreme
decided:	2003-06-19
status:
citation:	176 N.J. 448
Document Size:	96094

1674 STATE OF NEW JERSEY v. JOHN KENNY DILORETO, -- rank: 835

... capital prosecution, defendant was convicted of purposeful or knowing murder, N.J.S.A. 2C:39-4a (count four). A jury could not reach ...

docket:	A0871-00
court:	NJ Superior Court Appellate Division
decided:	2003-08-21
status:	published
citation:	362 N.J. Super. 600 829 A.2d 112
Document Size:	97208

1675 STATE OF NEW JERSEY v. AKBAR N. SALAAM -- rank: 835

... third-degree distribution of a controlled dangerous substance (CDS), heroin, N.J.S.A. 2C:35-5(a)(1) and 2C:35-5(b ... of a public housing facility, public park, or public building, N.J.S.A. 2C:35-2.1 (counts two, eight, fourteen, twenty, and ... possession of a CDS, heroin, with the intent to distribute, N.J.S.A. 2C:35-5(a)(1) and 2C:35-5(b ... of a CDS, heroin, within 1000 feet of school property, N.J.S.A. 2C:35-7 (counts four, ten, sixteen, twenty-two, and ... five counts of third-degree possession of a CDS, heroin, N.J.S.A. 2C:35-10(a)(1) (counts five, eleven, seventeen, twenty ... twenty-nine); and five counts of second-degree official misconduct, N.J.S.A. 2C:30-2(a) (counts six, twelve, eighteen, twenty- ...

docket:	a6394-11
court:	New Jersey Superior Court Appellate Division
decided:	2015-02-04
status:	Published
citation:
Document Size:	68574

1676 STATE OF NEW JERSEY v. KALIL COOPER -- rank: 835

... 4, 2019 conviction and sentence for promoting organized street crime, N.J.S.A. 2C:33-30(a); conspiracy to distribute a controlled dangerous substance (CDS), N.J.S.A. 2C:5-2(a)(1); possession of cocaine, N.J.S.A. 2C:35-5(a)(1); and simple assault, N.J.S.A. 2C:12-1(a)(1). Defendant lived in Camden County ... That Is Not One of the Predicate Offenses Listed Under N.J.S.A. 2C:33-30. (Partially Raised Below). B. Even if Conspiracy to Distribute CDS Were a Proper Predicate Offense for N.J.S.A. 2C:33- 30, the Lack of Specificity in the ...

docket:	a4975-18
court:	NJ Superior Court Appellate Division
decided:	2022-12-02
status:	Unpublished
citation:
Document Size:	64154

1677 STATE OF NEW JERSEY v. CARLOS I. MENJIVAR -- rank: 835

... defendant was indicted for two counts of first-degree murder, N.J.S.A. 2C:11-3(a)(1) and (2); third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(d); and fourth-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(d). The grand jury also charged defendant ... and in the course of, the murder of Ferdinand. See N.J.S.A. 2C:11-3(b)(4)(f) and (g). A-3742 ... I: THE COURT MUST 'MODIFY' THE SENTENCE IN ACCORDANCE WITH N.J.S.A. 2C:44-7 TOWARDS ACCORD AND SATISFACTION OF THE CONVICTION ... 29/1992 [], was only eligible for a sentence pursuant to N.J.S.A. 2C:43-5, which is consistent with Assembly Bill ...

docket:	a3742-18
court:	NJ Superior Court Appellate Division
decided:	2022-09-07
status:	Unpublished
citation:
Document Size:	73322

1678 /usr/local/share/www/libweb/collections/courts/appellate/a0068-16a0069-16a0070-16a0071-16.opn.html -- rank: 835

... of their special sentences of community supervision for life (CSL), N.J.S.A. 2C:43-6.4(d). The State maintains that the ... Before defendants allegedly violated their CSL conditions, the Legislature amended N.J.S.A. 2C:43-6.4, effective July 2014 (the 2014 amended ... CSL, which is punitive in nature, as a 'special sentence.' N.J.S.A. 2C:43-6.4(a). The purpose of CSL is ... CSL is a component of the Violent Predator Incapacitation Act, N.J.S.A. 2C:43-6.4, which is also a 4 A ... PSL for individuals convicted of certain sexual offenses enumerated within N.J.S.A. 2C:43-6.4(a). Ibid.; see also J.B ... shall be deemed to be a term of life imprisonment.' N.J.S.A. 2C:43-6.4(b). PSL therefore enhanced the ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	50359

1679 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. G.T.M. -- rank: 835

... 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:	a4817-10
court:	NJ Superior Court Appellate Division
decided:	2013-03-28
status:	unpublished
citation:
Document Size:	111970

1680 ANIMAL PROTECTION LEAGUE OF NEW JERSEY V. NEW JERSEY FISH AND GAME COUNCIL -- rank: 835

... its emergency rulemaking authority under the Administrative Procedure Act (APA), N.J.S.A. 52:14B-1 to -15, thereby permitting a two-week ... the rulemaking failed to satisfy the requirements set forth in N.J.S.A. 13:1B-28 and Sportsmen's Alliance; and (5) the ... conclude the State violated the emergency rulemaking requirements under section N.J.S.A. 52:14B-4(c) of the APA, both by failing ... history of the state-sanctioned black bear hunts. Pursuant to N.J.S.A. 13:1B-30, the Council is authorized, in pertinent part ... of black bears.' 182 N.J. at 476; see also N.J.S.A. 13:1B-28 (limiting the Council's power to 'formulate ... the black bear hunt did not occur in 2021. See N.J.S.A. 52:14B-4(c) (requiring both the agency and ...

docket:	a1019-22
court:	NJ Superior Court Appellate Division
decided:	2023-11-06
status:	Published
citation:
Document Size:	49274