Search Rutgers Law Library N.J. Court Opinions

2326 /usr/local/share/www/libweb/collections/courts/appellate/a2752-20.opn.html -- rank: 830

... based on sexual assaults and other sexual misconduct by enacting N.J.S.A. 59:2- 1.3(a), which disables in those instances ... in the words of the statute, in 'willful, wanton 1 N.J.S.A. 59:1-1 to 12-3. A-2752-20 2 ... negligent' conduct. The board also argues that even if triggered, N.J.S.A. 59:2-1.3(a) deprives the public entity only ... not two defenses under the Act – the verbal threshold, N.J.S.A. 59:9-2(d), and the declaration that a public ... acts or omissions of a public employee constituting a crime . . .,' N.J.S.A. 59:2- -10 – that the board argues are not ... summary judgment on that claim, the trial judge determined that: N.J.S.A. 59:2-1.3(a)(1) was triggered by ...

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2327 STATE OF NEW JERSEY v. LUIS ALMONTE -- rank: 830

... of second-degree possession of a handgun without a permit, N.J.S.A. 2C:39-5(b) (count one); and two counts of fourth-degree possession of prohibited weapons and devices, N.J.S.A. 2C:39- 3(f)(1) and 2C:39-3(j ...

docket:	a0536-18
court:	NJ Superior Court Appellate Division
decided:	2021-07-27
status:	Unpublished
citation:
Document Size:	55675

2328 T.H. v. Division of Developmental Disabilities -- rank: 830

... s family applied for services on his behalf pursuant to N.J.S.A. 30:4-25.2. DDD staff interviewed T.H. and ... funding, New Jersey enacted the Developmentally Disabled Rights Act (DDRA), N.J.S.A. 30:6D-1 to -12, in 1977. The DDRA defines ... s family applied for services on his behalf pursuant to N.J.S.A. 30:4-25.2. DDD staff interviewed T.H. and ... other state, enacted its own Developmentally Disabled Rights Act (DDRA), N.J.S.A. 30:6D-1 to -12, in 1977. The DDRA, in ... and other neurological impairments where the above criteria are met; ���� ����[ N.J.S.A. 30:6D-3(a).] The Developmental Disabilities (DDD) Act, N.J.S.A. 30:6D-23 to -32, that established DDD to ...

docket:	a-114-05
court:	njsupreme
decided:	2007-03-01
status:
citation:	189 N.J. 478
Document Size:	56626

2329 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. M.D. -- rank: 830

... verified complaint against M.D. and H.A. pursuant to " N.J.S.A. 9:6-8.21 et seq. [Title Nine] and N.J.S.A. 30:4C-12 et seq. [Title Thirty]." The complaint sought ... to sustain the complaint under this act are not established." N.J.S.A. 9:6-8.50c. In litigation filed under both Title ... does not foreclose further intervention by the Division pursuant to N.J.S.A. 30:4C-12 to protect a child who, although not ... N.J. Super. 259 , 267-68 (App. Div. 2011)). Further, N.J.S.A. 30:4C-12 provides "a multi-step process" which "establish ... as the judge properly found in a summary hearing. See N.J.S.A. 30:4C-11.2; R. 5:12-1(d). ...

docket:	a0005-12
court:	NJ Superior Court Appellate Division
decided:	2013-10-22
status:	unpublished
citation:
Document Size:	51699

2330 Thisopinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R.1:36-3 IN THE MATTER OF THE BOARD' -- rank: 828

... not enacted in accordance with the Administrative Procedure Act (APA), N.J.S.A. 52:14B-1 to -15, and due process requirements. The ... Board is charged with supervising and regulating public utility companies, N.J.S.A. 48:2-13(a), and setting "just and reasonable" rates for those utilities, N.J.S.A. 48:2-21(b)(1). The Division of Rate Counsel ... of utility ratepayers in rate-setting matters before the Board. N.J.S.A. 52:27EE-48(a); I/M/O Provision of Basic ... Board and prove that an increase is just and reasonable. N.J.S.A. 48:2-21(d). To sustain its burden of proof ... CTA modifications through formal rulemaking in accordance with the APA. N.J.S.A. 52:14B-4. They contend the Board's order ...

docket:	a1153-14
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	57744

2331 . OF YOUTH AND FAMILY SERVICES v. W.B. and R.R. -- rank: 828

... R.R. ultimately pled guilty to fourth-degree child abuse, N.J.S.A. 9:6-1, -3, and received a two-year probationary ... judge concluded the Division proved the following four prongs of N.J.S.A. 30:4C-15.1a by clear and convincing evidence: (1 ... defendants contend the Division failed to prove each prong of N.J.S.A. 30:4C-15.1a by clear and convincing evidence. R ... child standard governs this balance and has been codified in N.J.S.A. 30:4C-15.1a. N.J. Div. of Youth & Family ... terminate parental rights when the Division proves each prong of N.J.S.A. 30:4C-15.1a by clear and convincing evidence. I ... supra , 189 N.J. at 280. The "'four prongs [of N.J.S.A. 30:4C-15.1a] are not discrete and separate, ...

docket:	a3453-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-13
status:	unpublished
citation:
Document Size:	63122

2332 JOHN M. GATELY v. HAMILTON MEMORIAL HOME INC -- rank: 828

... qualified immunity from civil liability granted to funeral directors under N.J.S.A. 45:7-95 and N.J.S.A. 45:27-22(d) extends to interns who are employed ... in the New 7 A-4458-13T2 Jersey Cemetery Act, N.J.S.A. 45:27-1 to -41, and the Mortuary Science Act ('MSA'), N.J.S.A. 45:7-32 to -95. Under the Cemetery Act, [a ... that the person lacked the right to control the disposition. [ N.J.S.A. 45:27-22(d) (emphasis added).] Likewise, under the Mortuary ... lacked the right to control the funeral, disinterment or disposition. [ N.J.S.A. 45:7-95 (emphasis added).] Defendants moved for summary ...

docket:	a4458-13
court:	NJ Superior Court Appellate Division
decided:	2015-10-22
status:	published
citation:	442 N.J.Super. 542 125 A.3d 747
Document Size:	60218

2333 JOHN C. EVANS PROJECT, INC v. VALLEY NATIONAL BANCORP -- rank: 828

... sanctions against VNB pursuant to Rule 1:4-8 and N.J.S.A. 2A:15-59.1. We affirm all orders. In April ... site plan approval, and the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 to -163, particularly N.J.S.A. 40:55D-2(a), (c), (g) and (i). VNB's ... drive-through facility satisfied the positive and negative criteria of N.J.S.A. 40:55D-70. Regarding the negative criteria, the Board found ... fees and sanctions pursuant to Rule 1:4-8 and N.J.S.A. 2A:15-59.1. In a June 11, 2010 order ... sanctions against VNB pursuant to Rule 1:4-8 and N.J.S.A. 2A:15-59.1. Judge Ryan held that VNB ...

docket:	a4850-09
court:	NJ Superior Court Appellate Division
decided:	2010-04-30
status:	unpublished
citation:
Document Size:	66282

2334 New Jersey Division of Youth and Family Services v. E.P. -- rank: 828

... factor best-interests-of-the-child test set forth in N.J.S.A. 30:4C-15.1(a). 6 First, the court found ... parental rights will not do more harm than good.” N.J.S.A. 30:4C-15.1(a)(4). The court acknowledged that ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] Those four factors are not ... will continue to be endangered by the parental relationship.” N.J.S.A. 30:4C-15.1(a)(1). However, Emilia claims that ... or unwilling to provide a safe and stable home.” N.J.S.A. 30:4C-15.1(a)(1) and (2); see K ... and “considered alternatives to termination of parental rights,” N.J.S.A. 30:4C-15.1(a)(3). Indeed, Emilia does ...

docket:	a-112-06
court:
decided:	2008-07-14
status:
citation:	196 N.J. 88
Document Size:	105691

2335 THOMAS WILSON v. WILLIAM C. BROWN -- rank: 828

... Republican State Committee, citing the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, requested copies of "any and ... prepared "in connection with collective negotiations," as set forth in N.J.S.A. 47:1A-1.1, they were not government records as ... not government records and not subject to disclosure under OPRA. N.J.S.A. 47:1A-1.1. Brown, unlike Katz, does not rely ... exempt from disclosure under a recognized privilege, specifically executive privilege. N.J.S.A. 47:1A-9b. Katz specifically contends that the communications are ... of the public's right of access" to government records. N.J.S.A. 47:1A-1. The purpose of the statute is "'to ... inter-agency or intra-agency advisory, consultative, or deliberative material. [ N.J.S.A. 47:1A-1.1.] In addition to deliberative, consultative ...

docket:	a5883-07
court:	New Jersey Superior Court Appellate Division
decided:	2009-01-12
status:	Published
citation:	404 N.J.Super. 557 962 A.2d 112
Document Size:	70701

2336 COUNTY OF MONMOUTH V. COMMUNICATIONS OF WORKERS OF AMERICA -- rank: 828

... binding arbitration. Cases decided prior to a recent amendment to N.J.S.A. 34:13A-5.3 indicate that it may not. See ... a minor grievance as one of "five days or less." N.J.S.A. 11A:2-14 and 16. I. The Cases Presented ����In ... law interpreting the relevant statutes before the recent amendment to N.J.S.A. 34:13A-5.3 states clearly that PERC should not ... Supreme Court's interpretation of the 1982 "discipline amendment" to N.J.S.A. 34:13A-5.3, L. 1982, c. 103, which is part of the New Jersey Employer-Employee Relations Act, N.J.S.A. 34:13A-1 to -29. Although all of the PERC ... the law in light of this change. ����As originally enacted, N.J.S.A. 34:13A-5.3 required public employers to negotiate ...

docket:	a3479-94
court:	njappellate
decided:	1997-04-22
status:	published
citation:	300 N.J.Super. 272
Document Size:	71119

2337 STATE OF NEW JERSEY v. FABIAN B. AUSTIN -- rank: 828

... counsel and on the brief). PER CURIAM Indicted for murder, N.J.S.A. 2C:11-3(a) and N.J.S.A. 2C:2-6, and third-degree aggravated assault with a deadly weapon, N.J.S.A. 2C:12-1(b)(2), defendant Fabian Austin was tried ... parole in accordance with the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant appeals. We affirm the conviction ... Because we find consideration of aggravating factors 1 and 2, N.J.S.A. 2C:44-1(a)(1) and (2), to have been ... J. 413 , 425 (2001). However, for purposes of aggravating factor N.J.S.A. 2C:44-1(a)(1), the cruel manner of ...

docket:	a3749-09
court:	NJ Superior Court Appellate Division
decided:	2012-03-22
status:	unpublished
citation:
Document Size:	76050

2338 State v. Jose Medina -- rank: 828

... County grand jury indicted defendant for second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1); fourth-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(d); third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(d); and third-degree aggravated assault, N.J.S.A. 2C:12-1(b)(2). Before trial, the State filed ... of parole ineligibility pursuant to the No Early Release Act, N.J.S.A. 2C:43-7.2. C. Defendant appealed his convictions, and ...

docket:	a-67-18
court:	NJ Supreme Court
decided:	2020-06-09
status:
citation:
Document Size:	75975

2339 ESTATE OF MADELINE F. BURNETT v. WATER'S EDGE CONVALESCENT CENTER -- rank: 828

... New Jersey Nursing Home Responsibilities and Rights of Residents Act, N.J.S.A. 30:13-1 to 30:13-17. Decedent, age eighty ... of Residents Act sets forth the responsibilities of nursing homes. N.J.S.A. 30:13-3. This includes the duty to "[e]nsur ... all applicable State and Federal statutes and rules and regulations." N.J.S.A. 30:13-3h. The appropriate federal regulation prohibits the use ... expect and receive appropriate assessment, management and treatment of pain." N.J.S.A. 30:13-5j. The statute creates a private cause of ...

docket:	a4970-06
court:	njappellate
decided:	2008-07-25
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	115343

2340 Suzanne K. Ogborne v. Mercer Cemetery Corp. -- rank: 828

... Court must decide whether, under the Tort Claims Act (Act), N.J.S.A. 59:1-1 to 12-3, the conduct of a ... by the general rule of vicarious liability set forth in N.J.S.A. 59:2-2, or under public entity liability with regard ... to the dangerous condition of public property set forth in N.J.S.A. 59:4-2, which holds public entities liable for injuries ... court erred by applying the ordinary negligence standard pursuant to N.J.S.A. 59:2-2 and remanded for application of the more stringent "palpably unreasonable" standard pursuant to N.J.S.A. 59:4-2 because Ogborne's cause of action implicated ... N.J. 599 (2007). HELD : The "palpably unreasonable" standard of N.J.S.A. 59:4-2 applies to this cause of action ...

docket:	a-66-07
court:
decided:	2009-01-29
status:
citation:	197 N.J. 448 963 A.2d 828
Document Size:	88029