Search Rutgers Law Library N.J. Court Opinions

1831 /usr/local/share/www/libweb/collections/courts/appellate/a1403-12a1912-12.opn.html -- rank: 833

... Lewis of third-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a) in one count regarding C.G ... victim at least thirteen but less than sixteen year old, N.J.S.A. 2C:14-2(c)(4); fourth-degree criminal sexual conduct, N.J.S.A. 2C:14-3(b); and third-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a). The jury acquitted Lewis of sexual ... of first-degree aggravated sexual assault while aided and abetted, N.J.S.A. 2C:14-2(a)(5); second-degree sexual assault using physical force, N.J.S.A. 2C:14-2(c)(1); second-degree sexual assault ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	80825

1832 James v. Board of Trustees of the Public Employees' Retirement System -- rank: 833

... in this appeal is whether an employer is obligated under N.J.S.A. 43:15A-25.1 to make pension contributions on behalf ... She was also awarded permanent partial disability benefits pursuant to N.J.S.A. 43:15A-25.1 did not require an employer to ... 1999).     The Supreme Court granted James' petition for certification.      HELD : N.J.S.A . 43:15A-25.1 obligates an employer to make pension ... compensation.” There is no longstanding and consistent agency interpretation of N.J.S.A . A study of similar provisions in the Teachers' Pension and ... compensation benefits, the employee must be retained on the payroll, N.J.S.A. 34:15-44, and the employer must pay both the ... and the employee pension contributions. The Court's interpretation of N.J.S.A. 43:15A-25.1 has consistently been that paying ...

docket:	a-21-99
court:	njsupreme
decided:	2000-06-20
status:
citation:	164 N.J. 396
Document Size:	51078

1833 DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.A. -- rank: 833

... convincing evidence all four prongs of the best interests test, N.J.S.A. 30:4C-15.1(a), and that termination of defendant ... did not allege a 'best interests' cause of action under N.J.S.A. 30:4C-15(c)" and the complaint "was not properly ... 6. The complaint refers to "terminating parental rights . . . pursuant to N.J.S.A. 30:4C-15 through N.J.S.A. 30:4C-20." It also incorporates the initial abuse and ... at least one of the five grounds set forth in N.J.S.A. 30:4C-15(a) to (f) must be met." N.J.S.A. 30:4C-15(c) provides a petition for guardianship ...

docket:	a3931-15
court:	NJ Superior Court Appellate Division
decided:	2017-07-11
status:	unpublished
citation:
Document Size:	63009

1834 KIMIIKO WOODS v. TOWNSHIP OF IRVINGTON -- rank: 833

... retaliation in violation of the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -14; (2) discrimination and hostile work ... in violation of the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49; (3) violation of Article 1 ... State law , rule or regulation or under the common law . [ N.J.S.A. 34:19-8 (emphasis added).] This language is "clear and ... public health, safety or welfare or protection of the environment. [ N.J.S.A. 34:19-3.] An "employee who proceeds under c(1 ... Atl. City , 188 N.J. 221 , 230-31 (2006) (quoting N.J.S.A. 2C:28-6, which states, in pertinent part, that: A ... Koontz violated IA procedures, the Attorney General Guidelines and/or N.J.S.A. 2C:28-6. A reasonable jury also could find ...

docket:	a4972-07
court:	superior court appellate division
decided:	2009-08-14
status:	unpublished
citation:
Document Size:	107096

1835 IN THE MATTER OF THE SUSPENSION OR REVOCATION OF THE LICENSE OF MARC WEBER, D.D.S. -- rank: 833

... specified patients in the aggregate amount of $32,858.34, N.J.S.A. 45:1-22d; over a period of ten years, $250 ... 000, the aggregate of civil penalties for fifty-six violations, N.J.S.A. 45:1-25a; and over a period of twenty-four months, $160,286.06 in fees and costs, N.J.S.A. 45:1-25d. For the reasons that follow, we affirm. As required by N.J.S.A. 52:14B-11, a provision of the Administrative Procedure Act, N.J.S.A. 52:14B-1 to -25, the Board referred the Attorney ... of gross negligence in the care of patient U.G., N.J.S.A. 45:1-21(c); six instances of repeated negligence ...

docket:	a5065-11
court:	NJ Superior Court Appellate Division
decided:	2014-01-24
status:	unpublished
citation:
Document Size:	75401

1836 STATE OF NEW JERSEY v. SOLOMON R. WILBORN -- rank: 833

... co-defendant Dustin Wilborn (Dustin) with: first-degree armed robbery, N.J.S.A. 2C:15-1(a)(1) (count one); third-degree aggravated assault, N.J.S.A. 2C:12-1(b)(2) (count two); third-degree aggravated assault, N.J.S.A. 2C:12-1(b)(7) (count three); second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b) (count four); second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a) (count five); second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and 2C:15-1(a)(1) ( ...

docket:	a4317-13
court:	NJ Superior Court Appellate Division
decided:	2016-03-28
status:	unpublished
citation:
Document Size:	77509

1837 STATE OF NEW JERSEY v. JOHN L. STURDIVANT 3rd -- rank: 833

... from his jury trial conviction for eluding a police officer, N.J.S.A. 2C:29-2(b). This case arises from a traffic ... count indictment charging defendant with second-degree resisting arrest/eluding, N.J.S.A. 2C:29- 2(b). Defendant was tried before a jury ... with a four-year period of parole ineligibility pursuant to N.J.S.A. 2C:43-6(b). Defendant raises the following contentions for ... aggravating factors in sequence. The judge found aggravating factor three, N.J.S.A. 2C:44-1(a)(3) ('[t]he risk that the ... defendant will commit another A-1603-19 36 offense'); six, N.J.S.A. 2C:44-1(a)(6) ('[t]he extent of the ... offenses of which the defendant has been convicted'); and nine, N.J.S.A. 2C:44-1(a)(9) ('[t]he need for ...

docket:	a1603-19
court:	NJ Superior Court Appellate Division
decided:	2022-01-14
status:	Unpublished
citation:
Document Size:	67845

1838 DunbarHomes, Inc. v. Zoning Board of Adjustment of Franklin Township -- rank: 833

... Decided June 20, 2018 SOLOMON, J., writing for the Court. N.J.S.A. 40:55D-10.5, a section of the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 to -136, provides that “development regulations ... and a “conditional use special reasons” variance pursuant to N.J.S.A. 40:55D-70(d)(3) ((d)(3) variance). On May ... apply for a “restricted use special reasons” variance under N.J.S.A. 40:55D-70(d)(1) ((d)(1) variance) instead of ... could therefore pursue a variance for the additional apartments under N.J.S.A. 40:55D-70(d)(3). The Township appealed the trial ... application form and all accompanying documents required by ordinance.” N.J.S.A. 40:55D- 3. Because Dunbar’s application lacked many ...

docket:	a_89_16
court:	NJ Supreme Court
decided:	2018-06-20
status:
citation:
Document Size:	52693

1839 EDWARD CURLEY v. ROBERTA CURLEY -- rank: 833

... to equitable distribution, and reviewed the statutory factors articulated in N.J.S.A. 2A:34-23.1. It reiterated the finding on summary ... by [the parties] or either of them during the marriage[.]" N.J.S.A. 2A:34-23(h). Property owned by a party at ... or intestate succession" is also not subject to equitable distribution. N.J.S.A. 2A:34-23(h). "Proof of a gift requires evidence ... court analyzed all of the statutory factors set forth in N.J.S.A. 2A:34-23.1, and placed particular significance on husband ... to asset eligibility or ineligibility, asset valuation, and equitable distribution[.]" N.J.S.A. 2A:34-23.1. A court should apply all the factors set forth in N.J.S.A. 2A:34-23.1, and distribute marital assets consistent ...

docket:	a1304-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-09
status:	unpublished
citation:
Document Size:	199629

1840 State v. David Chavies -- rank: 833

... imposed in accordance with the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. In connection with a 2014 shooting ... actually imposed” for certain crimes before becoming eligible for parole. N.J.S.A. 2C:43-7.2(b). Allowing defendants to proceed with ... which the defendant shall not be eligible for parole.” N.J.S.A. 2C:43-7.2(a). Defendant’s conviction for aggravated ... calculated based upon the sentence of incarceration actually imposed.” N.J.S.A. 2C:43-7.2(b). In State v. Mendel, the ... intent of the Legislature. The recently enacted Compassionate Release Statute, N.J.S.A. 30:4-123.51e, provides that notice must be given ... imposed in accordance with the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. According to Rule 3:21- ...

docket:	a-25-20
court:	NJ Supreme Court
decided:	2021-07-12
status:
citation:
Document Size:	75948

1841 STATE OF NEW JERSEY v. DARIEN L. MARTIN -- rank: 833

... 2018, defendant pled guilty to third-degree possession of CDS, N.J.S.A. 2C:35-10(a)(1), and two counts of second ... one-half ounce or more but less than five ounces, N.J.S.A. 2C:35-5(b)(2). On August 3, 2018, the ... normal investigative procedures have failed. Id. at 212; see also N.J.S.A. 2A:156A-29 (CDW requirements for access). To be clear ... Under New Jersey's Wiretap and Electronic Surveillance Control Act, N.J.S.A. 2A:156A-10(a), a court may grant a wiretap ... in the case of an application meeting the requirements of [N.J.S.A. 2A:156A-9, the roving wiretap provision], the facilities from ... A qualitative analysis requires consideration of the sentencing factors under N.J.S.A. 2C:44-1. Id. at 72. First, the sentencing ...

docket:	a3392-18
court:	NJ Superior Court Appellate Division
decided:	2022-01-31
status:	Unpublished
citation:
Document Size:	69541

1842 MAYOR SHARPE JAMES et al. v. ARMS TECHNOLOGY, INCORPORATED, et al. -- rank: 833

... App. Div. 2000). Nevertheless, we address the issues.     PLAC cites N.J.S.A. 2A:54A-1 for the proposition that public nuisance litigation ... a civil action to abate a nuisance as defined in N.J.S.A. 2C:33-12. That section of the Criminal Code refers ... the safety or health of a considerable number of persons." N.J.S.A. 2C:33-12a. However, neither statute expressly precludes a municipality ... welfare of local residents by abatement of nuisances); see also N.J.S.A. 40:48-2 (vesting in municipalities legislative police power to ... from seeking such relief. In fact, the Court held that N.J.S.A. 40:55-47, now repealed, which empowered municipalities to provide ...

docket:	A3103-01
court:	NJ Superior Court Appellate Division
decided:	2003-03-11
status:	published
citation:
Document Size:	100118

1843 NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION v. OCCIDENTAL CHEMICAL CORPORATION -- rank: 833

... brought under the New Jersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 to -23.24 (Spill Act), and The Joint Tortfeasors Contribution Law (JTCL), N.J.S.A. 2A:53A-1 to -5. The New Jersey Department of ... in 1993, pursuant to the Industrial Site Recovery Act (ISRA), N.J.S.A. 13:1K-6 to -18. ISRA was enacted in 1993 ... obligations before selling or otherwise transferring ownership of the property. N.J.S.A. 13:1K-7. To effectuate a stock transaction in 1984 ... the Spill Act and the Water Pollution Control Act (WPCA), N.J.S.A. 58:10A-1 to -43. This 1988 litigation arose from ... protect and preserve the lands and waters of our State. N.J.S.A. 58:10-23.11a. With its passage, the Legislature ...

docket:	a4623-10
court:	NJ Superior Court Appellate Division
decided:	2012-04-24
status:	unpublished
citation:
Document Size:	143721

1844 COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO v. DAVID ROUSSEAU -- rank: 833

... valid subject to the standard of care set forth in N.J.S.A. 52:18A-89b. The Division is an agency within the Department of Treasury, N.J.S.A. 52:18A-79, that manages State-employee pension funds, N.J.S.A. 52:18A-88.1, in accordance with policies and procedures established by the Securities Investment Council (SIC), N.J.S.A. 52:18A-91. The Director has the "authority to invest ... acquire [assets] for or on behalf of" the pension funds, N.J.S.A. 52:18A-88.1, and "to sell or exchange any such investments." N.J.S.A. 52:18A-89a. In August 2004, the SIC issued ...

docket:	a5378-04
court:	New Jersey Superior Court Appellate Division
decided:	2008-08-22
status:	Published
citation:
Document Size:	74500

1845 Robert Nicastro v. McIntyre Machinery America, Ltd. -- rank: 833

... and McIntyre America as defendants in a product-liability action, N.J.S.A. 2A:58C-2, in the Superior Court, Law Division, Bergen ...

docket:	a-29-08
court:	supreme
decided:	2010-02-02
status:
citation:	201 N.J. 48 987 A.2d 575
Document Size:	239964