Search Rutgers Law Library N.J. Court Opinions

2356 E.S. v. H.A. -- rank: 828

... Mullen's testimony under N.J.R.E. 518 and N.J.S.A. 45:15BB-13. He also argues Mullen's testimony was ... of her therapy session notes was improper. We again disagree. N.J.S.A. 45:15BB-13, codified in our evidence rules as N ... present danger to the health or safety of an individual[.]" N.J.S.A. 45:15BB-13(b); N.J.R.E. 518(b ... 1984), certif. denied , 99 N.J. 243 (1985); see also N.J.S.A. 9:2-4 (declaring it to be the State's ... counterpart under the Fifth Amendment." Id. at 568. Pursuant to N.J.S.A. 2A:84A-19, and its equivalent, N.J.R.E ... witness has no reasonable cause to apprehend a criminal prosecution. . . . [ N.J.S.A. 2A:84A-18; N.J.R.E. 502.] Although ...

docket:	a3230-14
court:	NJ Superior Court Appellate Division
decided:	2017-08-15
status:	published
citation:	451 N.J.Super. 374 167 A.3d 685
Document Size:	78121

2357 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. J.Y. -- rank: 828

... the Division) 2 failed to satisfy all four prongs of N.J.S.A. 30:4C-15.1(a), the best interests test. Following ... s opinion addressed the standards governing termination of parental rights, N.J.S.A. 30:4C-15.1(a)(1) to (4), as well ... of the abuse. The Division removed the children pursuant to N.J.S.A. 9:6-8.29 and placed them with E.M ... individual circumstances of the child's physical or mental development." N.J.S.A. 9:6-4. In regard to parental visitation, the Act ... contact, including the provision or arrangement of transportation as necessary; [ N.J.S.A. 9:6B-4(e).] Furthermore, the Act provides that a ... before the permanent placement or return home of the child." N.J.S.A. 9:6B-4(h). Also, the child is entitled "[ ...

docket:	a3453-10
court:	NJ Superior Court Appellate Division
decided:	2013-01-31
status:	unpublished
citation:
Document Size:	91192

2358 IN THE MATTER OF THE CHALLENGE OF THE COMMUNITY ASSOCIATIONS INSTITUTE – NEW JERSEY CHAPTER, INC., TO AMENDMENTS TO N.J.A.C. 5:26 -- rank: 828

... to the Planned Real Estate Development Full Disclosure Act (PREDFDA) N.J.S.A. 45:22A-21 to -48. The amendment, L. 2017, c ... and affordable housing, and to foster public understanding and trust . . . .' N.J.S.A. 45:22A-22. The Legislature directed the Department to 'adopt ... necessary for the enforcement of the provisions of this act . . . .' N.J.S.A. 45:22A-35(a). The Legislature amended PREDFDA in 2017 ... elected through a process consistent with the provisions of PREDFDA. [N.J.S.A. 45:22A-45.1(g).] In 2019, in response to ... 2241-21 7 Department had authority to enact it. See N.J.S.A. 45:22A-45.1(d). CAI-NJ contends neither PREDFDA ... of L. & Pub. Safety, 120 N.J. 18, 25 (1990). N.J.S.A. 45:22A-45.1(d) says: Because of the ...

docket:	a2241-21
court:	NJ Superior Court Appellate Division
decided:	2024-02-23
status:	Unpublished
citation:
Document Size:	61817

2359 /usr/local/share/www/libweb/collections/courts/appellate/a4929-10.opn.html -- rank: 828

... of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), N.J.S.A. 2A:34-53 to -95, and the doctrine of comity ... issues regarding whether New Jersey was a more convenient forum. N.J.S.A. 2A:34-71. Defendant counters, suggesting analysis of the UCCJEA ... matter jurisdiction under the Uniform Child Custody Jurisdiction Act (UCCJA), N.J.S.A. 2A:34-28 to -52, the predecessor of the UCCJEA ... be heard to all parties before making child custody determinations." N.J.S.A. 2A:34-57a. See also Innes v. Carrascosa , 391 N ... decisions on evaluation of the best interests of the child." N.J.S.A. 2A:34-57c. See also UCCJEA § 105, Commissioner's ... ground that this State is the more appropriate forum under . . . [ N.J.S.A. 2A:34-71 and -72] and: (a) the child ...

docket:	a4929-10
court:	NJ Superior Court Appellate Division
decided:	2012-08-30
status:	published
citation:	428 N.J.Super. 160 51 A.3d 146
Document Size:	66167

2360 ROBIN B. WOJTKOWIAK v. NEW JERSEY MOTOR VEHICLE COMMISSION -- rank: 828

... that there is no probable cause justifying her complaint under N.J.S.A. 10:5-12(f) of New Jersey's Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -42. The central issue on appeal ... to appear in person at the motor vehicle agency. See N.J.S.A. 39:3-10f; see also N.J.S.A. 39:3-29.4. Around 2011, the MVC instituted the ... digitally-reproduced image is resistant to forgery and substitution. See N.J.S.A. 39:3-10h. Shortly before the January 31, 2006 expiration ... established the Division to administer and enforce the LAD. See N.J.S.A. 10:5-6. The Division has "expertise in recognizing ...

docket:	a5341-12
court:	NJ Superior Court Appellate Division
decided:	2015-01-02
status:	published
citation:	439 N.J.Super. 1 106 A.3d 519
Document Size:	56713

2361 Mark R. Krzykalski v. David T. Tindall -- rank: 828

... this automobile accident case brought under the Comparative Negligence Act, N.J.S.A. 2A:15-5.1 to -5.8 (CNA), the Court ... 1. The CNA and the Joint Tortfeasors Contribution Law (JTCL), N.J.S.A. 2A:53A-1 to -5, comprise the statutory framework for ... has been recovered against all or some of them.” N.J.S.A. 2A:53A-1. The allocation of damages among joint tortfeasors ... a percentage, of each party’s negligence or fault.” N.J.S.A. 2A:15-5.2(a)(2). (pp. 8-10) 2 ... that automobile insurance policies include a UM provision since 1968. N.J.S.A. 17:28-1.1; Riccio v. Prudential Prop. & Cas. Ins ... this automobile accident case brought under the Comparative Negligence Act, N.J.S.A. 2A:15-5.1 to -5.8 (CNA), we ...

docket:	a_55_16
court:	NJ Supreme Court
decided:	2018-04-17
status:
citation:
Document Size:	48446

2362 /usr/local/share/www/libweb/collections/courts/appellate/a3772-19.opn.html -- rank: 828

... Public Employment Relations Commission ('PERC' or 'the Commission'), pursuant to N.J.S.A. 40A:14-209 and -210. The officer's employer, the ... force is a 'law enforcement agency' within the meaning of N.J.S.A. 40A:14-200, and that its officers who have been terminated for non-criminal conduct may elect under N.J.S.A. 40A:14-209 and -210 to have the Commission appoint ... force is a 'law enforcement agency' within the meaning of N.J.S.A. 40A:14-200. However, we conclude the NJIT officers are ... for special disciplinary arbitration because that option is restricted by N.J.S.A. 40A:14-150 to officers who work for municipal police ... service system. In addition, even if that statutory restriction under N.J.S.A. 40A:14-150 did not pertain, the officer in ...

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2363 STATE OF NEW JERSEY v. GARY J. PASSARELLI -- rank: 828

... February 19, 2016 conviction after trial of first-degree murder, N.J.S.A. 2C:11-3(a), third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(d), and third- degree possession of the controlled dangerous substance (CDS) Ketamine, N.J.S.A. 2C:35-10(a)(1). Defendant was sentenced to sixty ... parole disqualifier pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. He argues that his videotaped statement ... t]he risk that the defendant will commit another offense,' N.J.S.A. 2C:44-1(a)(3), and nine, '[t]he need ... for deterring the defendant and others from violating the law,' N.J.S.A. 2C:44- 1(a)(9). The following evidence was ...

docket:	a2932-15
court:	NJ Superior Court Appellate Division
decided:	2018-12-17
status:	Unpublished
citation:
Document Size:	48224

2364 STATE OF NEW JERSEY VS. GERARD D. WATKINS -- rank: 828

... for the Hillside robbery, charging them with second-degree burglary, N.J.S.A. 2C:18-2; first-degree robbery, N.J.S.A. 2C:15-1; first-degree carjacking, N.J.S.A. 2C:15-2; third-degree theft, N.J.S.A. 2C:20-3; third-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b); and second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a). A-2826-21 3 The ...

docket:	a2826-21
court:	appellate
decided:	2024-07-26
status:	Unpublished
citation:
Document Size:	42407

2365 STATE OF NEW JERSEY v. PAUL C. CAMPO -- rank: 828

... of conviction finding him guilty of second-degree sexual assault, N.J.S.A. 2C:14-2b, and second-degree luring a child, N.J.S.A. 2C:13-6. We affirm. I. Defendant was charged under ... No. 10-07-01682 with second-degree luring a child, N.J.S.A. 2C:13-6 (Count One); second-degree sexual assault, N.J.S.A. 2C:14-2b (Count Two); second-degree attempted aggravated sexual assault, N.J.S.A. 2C:5-1, 14-2a (Count Three); third-degree endangering the welfare of a child by sexual conduct, N.J.S.A. 2C:24-4a (Count Four); and fourth-degree endangering ...

docket:	a3746-12
court:	NJ Superior Court Appellate Division
decided:	2015-05-15
status:	unpublished
citation:
Document Size:	60351

2366 IN THE MATTER OF RUTH GORDON, -- rank: 828

... s incapacity and appointment as Ruth's guardian pursuant to N.J.S.A. 3B:12-24.1 and Rules 4:86- 1 to ... alleged incapacitated individual is governed by statute and court rule. N.J.S.A. 3B:12-24 to -29; R. 4:86-1 to ... 29 nominated by the principal as her attorney-in-fact. N.J.S.A. 46:2B-8.4(b). Moreover, any information bearing on ... proceeding to the incapacitated person's heirs and then friends. N.J.S.A. 3B:12- -25. Consideration shall also be given to surrogate ... are authorized to manage the estates of incompetent persons (citing N.J.S.A. 3B:12-36 to -64)). In managing an incapacitated person ... an exercise of a reasonable discretion, deems suitable and proper. [N.J.S.A. 3B:12-43.] N.J.S.A 3B:17- ...

docket:	a3297-18
court:	NJ Superior Court Appellate Division
decided:	2023-03-24
status:	Unpublished
citation:
Document Size:	94601

2367 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:	a3483-94
court:	njappellate
decided:	1997-04-22
status:	published
citation:	300 N.J.Super. 272
Document Size:	71119

2368 State of New Jersey v. Aaron P. Schmidt -- rank: 828

... a second statement in addition to the Standard Statement under N.J.S.A. 39:4-50.2(e). At police headquarters, defendant was ... with refusal to give a breath sample, in violation of N.J.S.A. 39:4-50.2. In the municipal court, defendant consented ... a reasonable doubt.” Adjudging defendant guilty of refusal under N.J.S.A. 39:4-50.2, the Law Division imposed the same ... will lie. Save for penalties that may be imposed under N.J.S.A. 39:4-50.4a, the substance of the standard statement ... content of alcohol in his blood[,]” in violation of N.J.S.A. 39:4-50.2(a). Defendant was tried on a ... by the police officer to the person under arrest.” N.J.S.A. 39:4-50.2(e). 1 That statement, prepared ...

docket:	a-35-10
court:	NJ Supreme Court
decided:	2011-05-26
status:
citation:
Document Size:	97511

2369 State in the Interest of K.O. -- rank: 828

... for the Court. The issue in this appeal is whether N.J.S.A. 2A:4A-44(d)(3) requires two previous adjudications or ... 44(d)(1)(d) of the Juvenile Justice Code (Code), N.J.S.A. 2A:4A-20 to -90. On July 27, 2009, at ... a matter of law Kyle was extended-term eligible under N.J.S.A. 2A:4A-44(d)(3). The court sentenced Kyle to ... of three years at a juvenile detention facility pursuant to N.J.S.A. 2A:4A-44(d)(1) with an additional two-year ... s petition for certification. 212 N.J. 460 (2012). HELD: N.J.S.A. 2A:4A-44(d)(3) requires two separate previous predicate ... N.J. 251 , 264 (2008). (pp. 9-10) 2. Under N.J.S.A. 2A:4A-44(d)(3), an extended term may ...

docket:	A-28-12
court:	NJ Supreme Court
decided:	2014-02-24
status:
citation:
Document Size:	70792

2370 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.S. -- rank: 828

... s (Division) proofs under the best interests test, defined in N.J.S.A. 30:4C-15.1(a). The Division and Law Guardian ... of her parental rights violates the Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49, and the Americans with Disabilities ... s proofs under each of the four prongs delineated in N.J.S.A. 30:4C-15.1(a), 11 and concluded the Division ... decision met the legal standards set forth in Title 9, N.J.S.A. 9:6-8.21 to -8.73, 14 which is ... of Human Servs. , 157 N.J. 161 , 171 (1999) (quoting N.J.S.A. 9:6-8.8), but also children who are at ... danger of impairing the child's physical or mental health. N.J.S.A. 9:6-8.21(c)(4). Where the conditions ...

docket:	a4102-13
court:	superior court trial
decided:	2015-03-04
status:	unpublished
citation:
Document Size:	60218