Search Rutgers Law Library N.J. Court Opinions

2191 /usr/local/share/www/libweb/collections/courts/appellate/a3837-09.opn.html -- rank: 830

... 6.2(c)3) and the Municipal Land Use Law, [ N.J.S.A. ] 40:55D-95.1, endangering the public. Further, [the Department ... is delineated and circumscribed by the Administrative Procedure Act (APA), N.J.S.A. 52:14B-1 to  25. Although "the APA does not ... sufficient to require a hearing on constitutional or statutory grounds." N.J.S.A. 52:14B-3.1(d), -3.2(c), -3.3. The Freshwater Wetlands Protection Act (FWPA), N.J.S.A. 13:9B-1 to -30, does not provide third-party ... hearing to challenge DEP's issuance of a permit. Under N.J.S.A. 13:9B-20, only applicants may request an adjudicatory hearing ... describes the organization, procedure or practice requirements" of the agency. N.J.S.A. 52:14B-2(e). "If an agency determination or ...

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court:	NJ Superior Court Law/Chancery Division
decided:
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Document Size:	88451

2192 STATE OF NEW JERSEY v. JAMES HABEL -- rank: 830

... jury on March 10, 2015, of second-degree official misconduct, N.J.S.A. 2C:30-2(a) (count one), and four counts of fourth-degree falsifying or tampering with records, N.J.S.A. 2C:21-4(a) (counts seven, eight, nine and thirteen ... of defendant. We reject defendant's contention that Honecker violated N.J.S.A. 52:13D-17 and was hence disqualified from representing defendant ... any time during the course of his office or employment.' N.J.S.A. 52:13D-17 (emphasis added). Likewise, the proofs do not ... theories for count one – charging official misconduct under both N.J.S.A. 2C:30-2(a) and (b)3 – required the ... give a specific unanimity charge. Where the State offers 3 N.J.S.A. 2C:30-2 provides: A public servant is guilty ...

docket:	a1473-15
court:	NJ Superior Court Appellate Division
decided:	2018-04-10
status:	unpublished
citation:
Document Size:	107619

2193 Mazdabrook Commons Homeowners’ Ass’n v. Wasim Khan -- rank: 830

... of the Planned Real Estate Development Full Disclosure Act. See N.J.S.A. 45:22A-44(b) (requiring that homeowners’ association “exercise ...

docket:	A-65-10
court:	NJ Supreme Court
decided:	2012-06-13
status:
citation:	210 N.J. 482 46 A.3d 507
Document Size:	232582

2194 MICHAEL BERGIN v. NEW JERSEY DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT -- rank: 830

... in Red Bank sought benefits under Unemployment Compensation Law (UCL), N.J.S.A. 43:21-1 to -71, in April 2008, it triggered ... Sections 3401 and 3508 of the Internal Revenue Code and N.J.S.A. 43:21-19(i)(7)(J). Miele also rejected the ... proceedings. 2 'ABC' is a reference to the test in N.J.S.A. 43:21-19(i)(6)(A), (B), and (C). E ... 19(g) and the Revised Uniform Limited Liability Company Act, N.J.S.A. 42:2C-92, Bergin was not liable for the Department ... and concluded Bergin was not entitled to an exemption under N.J.S.A. 43:21-19(i)(7)(J), because 'employment' is a ... the evidence the conditions set forth in the exemption under N.J.S.A. 43:21- 19(i)(7)(J) existed in the ...

docket:	a1529-21
court:	NJ Superior Court Appellate Division
decided:	2024-01-16
status:	Unpublished
citation:
Document Size:	51224

2195 STATE OF NEW JERSEY v. MIKHAIL GOULDSON -- rank: 830

... counts of second-degree unlawful possession of an assault firearm, N.J.S.A. 2C:39-5(f) (counts one and two), 1 two ... counts of third-degree possession of a sawed-off shotgun, N.J.S.A. 2C:39-3(b) (counts three and four), and one ... count of fourth-degree possession of large capacity ammunition magazines, N.J.S.A. 2C:39-3(j) (count five). Count four was dismissed ... he knowingly possessed the guns and ammunition in the trunk. N.J.S.A. 2C:2-1. We therefore measure the impact of the ... two, charging second-degree unlawful possession of an assault weapon, N.J.S.A. 2C:39-5(f), was three years with a three ... is not an authorized sentence absent a determination pursuant to N.J.S.A. 2C:44-1(f)(2) that it was appropriate ...

docket:	a3666-14
court:	NJ Superior Court Appellate Division
decided:	2017-08-10
status:	unpublished
citation:
Document Size:	69910

2196 Jamgochian v. New Jersey State Parole Board -- rank: 830

... In 1998, Jamgochian pled guilty to second-degree sexual assault, N.J.S.A. 2C:7-2, and community supervision for life, N.J.S.A. 2C:43-6.4 (prior to 2003 amendment). 1 The ... a hearing involving the proposed imposition of a curfew. See N.J.S.A. 52:15B:10 (providing that "[t]he parties shall not ... be subject to the provisions and conditions set forth in [ N.J.S.A. 30:4-123.51b, N.J.S.A. 30:4-123.59 to - 123 .63, and N.J.S.A. 30:4-123.65]. [ Ibid. (codified at N.J. ...

docket:	a-63-07
court:
decided:	2008-08-06
status:
citation:	196 N.J. 222 952 A.2d 106
Document Size:	125708

2197 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:	a0048-07
court:	New Jersey Superior Court Appellate Division
decided:	2010-04-16
status:	unpublished
citation:
Document Size:	87270

2198 STATE OF NEW JERSEY v. FULGENCIO GONZALEZ-MONASTERIO -- rank: 830

... and were each found guilty of first-degree aggravated manslaughter, N.J.S.A. 2C:11-4a; two counts of third-degree hindering apprehension, N.J.S.A. 2C:29-3; and fourth-degree tampering with evidence, N.J.S.A. 2C:28-6(1). They both appeal from judgments of ... parole ineligibility pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. The court sentenced Martinez to twenty ... body of Jesus Ramirez or the knife." Regarding this charge, N.J.S.A. 2C:28-6 provides, in relevant part: A person commits ... our Supreme Court considered this issue in the context of N.J.S.A. 2C:28-5, which contains identical language, pertaining to ...

docket:	a0510-11
court:	NJ Superior Court Appellate Division
decided:	2015-04-24
status:	unpublished
citation:
Document Size:	79326

2199 JANE DOE v. RICHARD BURKE -- rank: 830

... by plaintiff under the New Jersey Civil Rights Act (CRA), N.J.S.A. 10:6-2. Plaintiff alleges she is a victim of ... violation of the Crime Victim's Bill of Rights (CVBOR), N.J.S.A. 52:4B-34 to -38. We also address the legal ... harm' her, an alleged violation of grand jury secrecy under N.J.S.A. 2B:21-10. Counts Four, Five, Six, and Seven allege ... action for damages and for injunctive or other appropriate relief. [N.J.S.A. 10:6-2(c).] '[O]ur State Civil Rights Act ... concerns procedural and substantive right deprivations. Id. at 477 (quoting N.J.S.A. 10:6-2(c)). ''Substantive' addresses those rights and duties ... that their rights 'should be given full recognition and protection.' N.J.S.A. 52:4B-35. To 'enhance and protect' their role, ...

docket:	a4920-18
court:	NJ Superior Court Appellate Division
decided:	2021-08-17
status:	Unpublished
citation:
Document Size:	60018

2200 Lyle Real v. Radir Wheels, Inc. and Richard Conklin -- rank: 830

... appeal, the Court determines whether the Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -20, applies to a transaction where ... sale or advertisement of any merchandise or real estate.” N.J.S.A. 56:8-2. “Advertisement” includes the attempt to induce ... merchandise” includes any goods offered to the public for sale. N.J.S.A. 56:8-1. The CFA also expansively defines a â ... CFA prohibits certain acts performed by “any person,” N.J.S.A. 56:8-2, and the statutory definition of “person,” N.J.S.A. 56:8-1(d), is sufficiently expansive to ensnare defendant ... the opinion of the Court. The Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -20, represents a legislative broadside ...

docket:	a-26-08
court:
decided:	2009-04-08
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citation:	198 N.J. 511
Document Size:	73657

2201 VIVIAN SHNAIDMAN v. STATE OF NEW JERSEY DEPARTMENT OF HUMAN SERVICES -- rank: 830

... environment, all in violation of the Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49. She appeals the grant of ... the Tort Claims Act and the Contractual Liability Act. See N.J.S.A. 59:8-8; N.J.S.A. 59:13-5. Defendants moved for summary judgment. After hearing ... barred by the two-year personal-injury statute of limitations, N.J.S.A. 2A:14-2. At oral argument on the motion, plaintiff ... s final LAD claim is for retaliation in violation of N.J.S.A. 10:5-12(d). Plaintiff's complaint alleged that defendants ... in compensation or in terms, conditions or privileges of employment." N.J.S.A. 10:5-12(a); see 42 U.S.C. ...

docket:	a4120-11
court:	NJ Superior Court Appellate Division
decided:	2013-04-26
status:	unpublished
citation:
Document Size:	77463

2202 IN THE MATTER OF RAMSHORN DRIVE, LLC CAFRA INDIVIDUAL PERMIT NO. 1352-05-0013.1 LUP210001 -- rank: 830

... Protection (DEP) pursuant to the Coastal Area Facility Review Act, N.J.S.A. 13:19-1 to -51 (CAFRA) to respondent Ramshorn Drive ... most restrictive horizon observed,' meaning the most impermeable layer, see N.J.S.A. 7:9A-5.8, which Princeton Hydro said was the ... in compliance with Sections 10 & 11 of the CAFRA statute ( N.J.S.A. 13:19-1 [to -51])[,]' as well as 'the Freshwater ... 354 N.J. Super. 293, 310 (App. Div. 2002) (citing N.J.S.A. 13:19-5.1, -5.2, and -5.3). 'Development ... of any building or structure and all site preparation therefor . . . .' N.J.S.A. 13:19-3. The Legislature delegated the DEP with the ... 21 11 promulgate regulations 'to effectuate the purposes of' CAFRA. N.J.S.A. 13:19- 17(a). The DEP's Coastal Zone ...

docket:	a0316-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-06
status:	Unpublished
citation:
Document Size:	57867

2203 JOEL AND JUDITH MANDELBAUM, Plaintiffs v. DIRECTOR, DIVISION of TAXATION -- rank: 830

... determination of plaintiffs’ liability under the Gross Income Tax Act, N.J.S.A. 54A:5-1 to :10-12 (the “GIT Actâ ... a sale of stock, so that tax is imposed under N.J.S.A. 54A:5-1c (taxing “[n]et gains or income ... S corporation income,” a category of income taxable under N.J.S.A. 54A:5-1p, and (3) Mr. Mandelbaum’s basis in his Dalcomp stock relates to a different category, namely, N.J.S.A. 54A:5-1c, and may not be deducted because inter-category netting of income and losses is prohibited under N.J.S.A. 54A:5-2. II. 3 Section 338 (h)(10) I ... relating to subchapter S corporations relevant to this matter are N.J.S.A. 54A:5-9 to -14, and N.J.S. ...

docket:	04227-00
court:
decided:	2002-05-17
status:
citation:	20 N.J. Tax 141
Document Size:	84481

2204 /usr/local/share/www/libweb/collections/courts/appellate/a0915-18.opn.html -- rank: 830

... dates was as follows: Finally, the judge applied Chapter 23, N.J.S.A. 54:51A-6(a), which requires that 'in a non ... J. 418, 430 (1985), superseded by statute on other grounds, N.J.S.A. 54:3-21). The court 'must not arbitrarily assign a ...

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2205 PARKING AUTHORITY OF THE CITY OF CAMDEN v. ESTATE OF MILTON RUBIN -- rank: 830

... are in danger of being relocated outside of the State.' N.J.S.A. 34:1B-244(a). The program provides tax incentives to ... where it will retain and create new full-time jobs. N.J.S.A. 34:1B-244(a)(1). The amount of the capital ... jobs required vary depending on the project and geographic location. N.J.S.A. 34:1B-244(b), (c). Defendant and Wolf met with ... parking.' The judge first determined that the nonconforming use statute, N.J.S.A. 40:55D-68, was not superseded by any provision within the local redevelopment and housing law, N.J.S.A. 40A:12A-1 to -49. He then found that the ... condition. Relying on both the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 to -163, and the Camden Downtown ...

docket:	a5335-17
court:	NJ Superior Court Appellate Division
decided:	2020-02-11
status:	Unpublished
citation:
Document Size:	60423