Search Rutgers Law Library N.J. Court Opinions

2161 COTTAGE EMPORIUM, INC. v. BROADWAY ARTS CENTER, L.L.C. -- rank: 830

... the zone in question (study area) satisfied the requirements of N.J.S.A. 40A:12A-5(a), (c), (d) and (e); (3) finding ... designated as an area in need of redevelopment pursuant to N.J.S.A. 40A:12A-6(a). The study area included properties from ... area did not. Before analyzing each of the subsections of N.J.S.A. 40A:12A-5(a), (c), (d) and (e), the Planning ... its conclusion that subsections (a), (c), (d) and (e) of N.J.S.A. 40A:12A-5 were satisfied. In particular, on the basis ... e. "remoteness" and "lack of means of access." For the N.J.S.A. 40A:12A-5(d) criterion of conditions that are "detrimental ... The final statutory criterion that the 1996 Report analyzed was N.J.S.A. 40A:12A-5(e), namely, a "growing lack" or " ...

docket:	a4416-07
court:	New Jersey Superior Court Appellate Division
decided:	2010-04-16
status:	Published
citation:
Document Size:	85365

2162 O.R. o/b/o O.R. v. VICTORIA KNIEWEL -- rank: 830

... upon putative violations of the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 to -42 (LAD); the New Jersey Civil Rights Act, N.J.S.A. 10:6-1 to -2 (NJCRA); and the Federal Civil ... off complaints commenced pursuant to the Open Public Records Act, N.J.S.A. 47:1A-1 to -13 (OPRA), and the common law ... it may have while in or upon any school building, N.J.S.A. 47:1A-1.1, and (2) predominately contained juvenile records ... Privacy Act, 20 U.S.C.A. 1232 (g) (FERPA); N.J.S.A. 18A:17-46 and N.J.A.C. 6A:16 ... government records shall be subject to public access unless exempt." N.J.S.A. 47:1A-1. The custodian of the government record ...

docket:	a5181-07
court:	superior court appellate division
decided:	2010-03-17
status:	unpublished
citation:
Document Size:	157157

2163 MELINDO A. PERSI v. DANIEL WOSKA -- rank: 830

... SEC) that Woska violated the School Ethics Act (the Act), N.J.S.A. 18A:12-21 to -34. 1 We affirm. I. We ... Woska's private actions prior to the reorganization meeting violated N.J.S.A. 18A:12-24.1(e), 3 which provides as follows ... dated February 29, 2012, the SEC determined that Woska violated N.J.S.A. 18A:12-24.1(e) by unilaterally directing issuance of ... a reprimand, which is the least severe sanction authorized under N.J.S.A. 18A:12-29(c). Woska appealed to the Commissioner. In ... Rice notice to Persi did not constitute private action under N.J.S.A. 18A:12-24.1(e). We found that the Commissioner ... meeting communications with the Board members-elect and Ceres violated N.J.S.A. 18A:12-24.1(e). Id. at 16, 18, ...

docket:	a3767-14
court:	NJ Superior Court Appellate Division
decided:	2017-03-10
status:	unpublished
citation:
Document Size:	53992

2164 STATE OF NEW JERSEY v. JARRELL SWEET -- rank: 830

... degree aggravated assault of his ex-girlfriend, second-degree burglary, N.J.S.A. 2C:18-2(a)(1), second-degree endangering the welfare of children through abuse, N.J.S.A. 2C:24-4(a)(2), fourth-degree cruelty and neglect of children, N.J.S.A. 9:6-3, and third- and fourth-degree weapons charges, N.J.S.A. 2C:39-4(d) and N.J.S.A. 2C:39-5(d). He was sentenced to an aggregate ... prison term, subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant, appeals contending: POINT I [ ...

docket:	a4454-16
court:	NJ Superior Court Appellate Division
decided:	2019-10-17
status:	Unpublished
citation:
Document Size:	66065

2165 D.N. v. K.M. -- rank: 830

... arising under the Prevention of Domestic Violence Act (the Act), N.J.S.A. 2C:25-17 to -35. We will recite the common ... ubjects another to striking, kicking, shoving, or other offensive touching[.]" N.J.S.A. 2C:33-4b. Because the record supports the trial judge ... 387 N.J. Super. 112 , 125-27 (App. Div. 2006); N.J.S.A. 2C:25-29b, we need not disturb the FRO entered ... purpose of reporting and registration requirements under Megan's Law, N.J.S.A. 2C:7-1 to -11: [U]nder our State Constitution ... assignment of counsel to indigents in involuntary civil commitment proceedings); N.J.S.A. 30:4-27.11 (affording "the right to be provided ... rule . . . applicable in municipal courts" to prosecution of contempt under N.J.S.A. 2C:29-9b). In Ashford , the defendant faced a ...

docket:	a3021-11
court:	NJ Superior Court Appellate Division
decided:	2013-01-24
status:	published
citation:
Document Size:	56643

2166 State v. Robert L. Evans -- rank: 830

... case in light of the “Strip Search Act,” N.J.S.A. 2A:161A-1 to -10. On January 4, 2012, Officer ... “plain feel” exception -- which the Court adopts -- applied. 1. N.J.S.A. 2A:161A-1 provides that a person detained or arrested ... cause that a weapon, controlled dangerous substance, as defined by [ N.J.S.A. 2C:35-1 to -31], or evidence of a crime ... and a recognized exception to the warrant requirement exists.” N.J.S.A. 2A:161A-1(b) (emphases added). To support a finding ... warrant requirement cannot justify a strip search for purposes of N.J.S.A. 2A:161A-1(b) because the “statute’s protections ... feel” exception. Thus, the officer here met both prongs of N.J.S.A. 2A:161A-1(b), and was permitted to perform ...

docket:	a-85-16
court:	New Jersey Supreme Court
decided:	2018-06-28
status:
citation:
Document Size:	47809

2167 S.G v. BOARD OF TRUSTEES TEACHERS' PENSION AND ANNUITY FUND - -- rank: 830

... she erroneously cites to the Public Employees' Retirement System (PERS), N.J.S.A. 43:15A-1 to -161, rather than the appurtenant TPAF ... retirement allowance.' Id. at 397 (citations omitted); see, e.g., N.J.S.A. 43:15A-45, -46; N.J.S.A. 18A:66-41, -42; see also Kasper v. Bd. of ... 2013, petitioner submitted her application for ordinary disability retirement benefits, N.J.S.A. 18A:66-39(b), with an effective retirement date of ... her April 9, 2013 injury. A-3834-19 4 benefits, N.J.S.A. 18A:66-39(c). On March 16, 2014, the Board ... J. Super. 243, 255-56 (App. Div. 1979)). But see N.J.S.A. 52:14B-10(c) (requiring the Board to 'state ...

docket:	a3834-19
court:	NJ Superior Court Appellate Division
decided:	2021-12-21
status:	Unpublished
citation:
Document Size:	43578

2168 STATE OF NEW JERSEY v. JAMES SAWYER -- rank: 830

... indicted for first-degree purposeful or knowing murder, contrary to N.J.S.A. 2C:39-4d (Count Two). Defendant moved for a dismissal ... lesser-included offense of first-degree aggravated manslaughter, contrary to N.J.S.A. 2C:11-4a, and possession of a weapon for an ... 81; Cannel, New Jersey Criminal Code Annotated , comment 12 on N.J.S.A. 2C:1-8e (and "in a close-call," the judge ... which would allow an ordinary person to cool off. Ibid. ; N.J.S.A. 2C:11-4. Accordingly, passion/provocation manslaughter "'contains all the ... attack." Cannel, New Jersey Criminal Code Annotated , comment 14 on N.J.S.A. 2C:1-8 (2006); see also State v. Williams , 298 ... presumptive terms, but left intact the sentencing ranges contained in N.J.S.A. 2C:43-6a. Id. at 487. For those defendants ...

docket:	A2442-04
court:	NJ Superior Court Appellate Division
decided:	2006-08-23
status:	unpublished
citation:
Document Size:	101055

2169 STATE OF NEW JERSEY v. LEE M. TRAVERS -- rank: 830

... trial. He originally pled guilty to second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1), and second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b), and was sentenced pursuant to a ... parole disqualifier subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. He successfully appealed based on his ... defendant of first-degree attempted murder of his wife, Linda, N.J.S.A. 2C:5-1 and N.J.S.A. 2C:11-3 (Count One), second-degree possession of a firearm for an unlawful purpose, N.J.S.A. 2C:39- 4(a) (Count Two); third-degree terroristic ...

docket:	a3277-16
court:	NJ Superior Court Appellate Division
decided:	2019-01-02
status:	Unpublished
citation:
Document Size:	40608

2170 CHARLES & SERYL KUSHNER v. DIRECTOR, DIVISION OF TAXATION, <br -- rank: 830

... case arises under New Jersey’s Gross Income Tax Act, N.J.S.A. 54A:1-1 through 54A:9-27. The specific question ... Income Tax return as distributive share of partnership income under N.J.S.A. 54A:5-1(k) or income from a trust or estate under N.J.S.A. 54A:5-1(h). Due to the structure of the ... category of income against gains in another category of income, N.J.S.A. 54A:5-2, the characterization of income in this case ... the Administrative Procedures Act (the “A.P.A.”) ( N.J.S.A. 52:14B-1 to -15), and Metromedia v. Director, Div ... to be characterized as income from a trust or estate. N.J.S.A. 54A:5-1(h). I. Plaintiffs timely filed a ...

docket:	04036-00
court:
decided:	2005-06-15
status:
citation:
Document Size:	54847

2171 G.D.M. v. BOARD OF EDUCATION OF THE RAMAPO INDIAN HILLS REGIONAL HIGH SCHOOL DISTRICT -- rank: 830

... to Regulation 6145 pursuant to the jurisdictional authority conferred by N.J.S.A. 18A:6-9. The Commissioner thereafter transferred the petition to ... being of other students, staff or school grounds pursuant to N.J.S.A. 18A:25-2 [ 5 ] and N.J.S.A. 18A:37-2 [ 6 ] [; and] 2. [T]he conduct which ... this State. L. 2007, c. 222, § 10; see also N.J.S.A. 18A:4-15. Rules or regulations adopted by local school ... with the rules adopted by the State Board of Education. N.J.S.A. 18A:11-1(c). The State Board of Education has ... being of other students, staff or school grounds, pursuant to N.J.S.A. 18A:25-2 and 18A:37-2. 2. This ...

docket:	a0953-10
court:	NJ Superior Court Appellate Division
decided:	2012-07-24
status:	published
citation:	427 N.J.Super. 246 48 A.3d 378
Document Size:	66868

2172 In re: Proportionality Review Project -- rank: 830

... our existing system of proportionality review and the effect of N.J.S.A. 2C:11-3e, which limited proportionality review �to a comparison ... in Loftin II we considered, but did not decide, whether N.J.S.A. 2C:11-3e would impermissibly infringe on our exercise of ... Although the size of the universe, and the effect of N.J.S.A. 2C:11-3e, �cannot be considered apart from those other ... in accordance with the Legislature's hate crime statute. See N.J.S.A. 2C:44-3e. We leave the formulation of the charge ...

docket:	a-98-98
court:	njsupreme
decided:	1999-08-05
status:
citation:	161 N.J. 71
Document Size:	97712

2173 JERRY DEAN RIVERA v. STATE OF NEW JERSEY -- rank: 830

... violation of (1) New Jersey's Law Against Discrimination ('LAD'), N.J.S.A. 10:5-1 to -49; (2) the Conscientious Employment Protection Act ('CEPA'), N.J.S.A. 34:19-1 to -9; and (3) the common law ... three); violation of the New Jersey Civil Rights Act ('NJCRA'), N.J.S.A. 10:6-1 to -2 (count four); hostile work environment ... he or she performed a 'whistle-blowing' activity described in N.J.S.A. 34:19- 3(c); (3) an adverse employment action was ... State law, rule or regulation or under the common law.' N.J.S.A. 34:19-8. 'By pursuing a CEPA claim, a plaintiff ... must prove the statutory requirements of the Punitive Damages Act , N.J.S.A. 2A:15-5.9 to -5.17, and also ...

docket:	a0086-17
court:	NJ Superior Court Appellate Division
decided:	2019-03-28
status:	Unpublished
citation:
Document Size:	76712

2174 JOHN DOE, JR. v. WEST WINDSOR PLAINSBORO REGIONAL SCHOOL DISTRICT -- rank: 830

... upon putative violations of the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 to -42 (LAD); the New Jersey Civil Rights Act, N.J.S.A. 10:6-1 to -2 (NJCRA); and the Federal Civil ... off complaints commenced pursuant to the Open Public Records Act, N.J.S.A. 47:1A-1 to -13 (OPRA), and the common law ... it may have while in or upon any school building, N.J.S.A. 47:1A-1.1, and (2) predominately contained juvenile records ... Privacy Act, 20 U.S.C.A. 1232 (g) (FERPA); N.J.S.A. 18A:17-46 and N.J.A.C. 6A:16 ... government records shall be subject to public access unless exempt." N.J.S.A. 47:1A-1. The custodian of the government record ...

docket:	a1263-08
court:	superior court appellate division
decided:	2010-03-17
status:	unpublished
citation:
Document Size:	160490

2175 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. C.W. -- rank: 830

... action. We hold that in any proceeding filed pursuant to N.J.S.A. 9:6-8.21, when a defendant objects to utilizing ... the judge must adhere to the statutory procedures outlined in N.J.S.A. 2A:84A-32.4, prior to allowing in camera testimony ... N.W., was an abused or neglected child pursuant to N.J.S.A. 9:6-8.21(c), and C.W. "failed to ... in this matter did not conform to the requirements of N.J.S.A. 2A:84A-32.4, defendant did not object to the ... their parents' care and placed them in a resource home. N.J.S.A. 9:6-8.21 and N.J.S.A. 30:4C-12. Thereafter, the Family Part granted the ...

docket:	a0542-12
court:	NJ Superior Court Appellate Division
decided:	2014-03-27
status:	published
citation:	435 N.J.Super. 130 87 A.3d 245
Document Size:	43507