Search Rutgers Law Library N.J. Court Opinions

2581 STATE OF NEW JERSEY v. DUTQUAN WILSON -- rank: 828

... serious bodily injury against N.I. and Y.G., 1 N.J.S.A. 2C:12-1(b)(1); two counts of lesser-included ... weapon against J.G. and Jo.G (collectively the children), N.J.S.A. 2C:12-1(b)(2); four counts of fourth-degree ... firearm pointing against N.I., Y.G., and the children, N.J.S.A. 2C:12-1(b)(4); second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a); and second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b). On May 3, 2013, the trial ... term 2 subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, for second-degree aggravated against ...

docket:	a5734-12
court:	NJ Superior Court Appellate Division
decided:	2016-10-18
status:	unpublished
citation:
Document Size:	49268

2582 STATE OF NEW JERSEY v. JOSE MIRANDA -- rank: 828

... 2014, when S.H. was less than thirteen years old, N.J.S.A. 2C:14-2(a)(1); • Count two: first-degree ... old, and defendant stood in loco parentis within the household, N.J.S.A. 2C:14-2(a)(2)(c); • Count three: second ... 2014, when S.H. was less than thirteen years old, N.J.S.A. 2C:14-2(b); • Count four: second-degree sexual ... 3(c)(12); see also R. 1:38-3(c); N.J.S.A. 2A:82-46. A-2243-19 2 was at least ... old, and defendant stood in loco parentis within the household, N.J.S.A. 2C:14-2(c)(4); • Count five: third-degree ... old, and defendant stood in loco parentis within the household, N.J.S.A. 2C:14-3(a); • Count six: fourth-degree ...

docket:	a2243-19
court:	NJ Superior Court Appellate Division
decided:	2023-06-12
status:	Unpublished
citation:
Document Size:	60236

2583 STATE OF NEW JERSEY v. LAVELLE DAVIS -- rank: 828

... with three counts of first-degree purposeful and knowing murder, N.J.S.A. 2C:11-3(a); two counts of second-degree burglary, N.J.S.A. 2C:18-2; one count of first-degree conspiracy to commit murder, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:11-3(a)(1); first-degree felony murder, N.J.S.A. 2C:11-3(a)(3); first-degree armed robbery, N.J.S.A. 2C:15-1; second-degree unlawful possession of a ...

docket:	a5915-17
court:	NJ Superior Court Appellate Division
decided:	2021-01-27
status:	Unpublished
citation:
Document Size:	99053

2584 State v. Demetrius Diaz-Bridges -- rank: 828

... and this state’s common law, now embodied in statute, N.J.S.A. 2A:84A-19, and evidence rule, N.J.R.E ... any criminal case to be a witness against himself . . . .”); N.J.S.A. 2A:84A-19 (“[E]very natural person has a ...

docket:	A-49-10
court:	NJ Supreme Court
decided:	2012-01-12
status:
citation:	208 N.J. 544 34 A.3d 748
Document Size:	116845

2585 HM Bay, Inc. v. Dir., Div. of Taxation -- rank: 828

... under the New Jersey Corporation Business Tax Act of 1945, N.J.S.A. 54:10A-1 to -41 (“CBT Act”), for tax ... a corporate business tax return and pay a tax. Specifically, N.J.S.A. 54:10A-2 provides that: Every domestic or foreign corporation ... capital or property, or maintaining an office, in this State. [ N.J.S.A. 54:10A-2 (emphasis added).] Therefore, unless statutorily “expressly ... location in this State to a location outside this State. [N.J.S.A. 54:10A-2.] The CBT Act further identifies eleven corporations ... of gross receipts, other than the alternative minimum assessment . . . [under N.J.S.A. 54:10A-5a] . . . ; (b) Corporations which operate regular route autobus service within this State under . . . [ N.J.S.A.] 48:4-3. . . ; (c) Railroad, canal corporations . . . ; (d) Cemetery ...

docket:	012545-21
court:	NJ Superior Court Appellate Division
decided:	2023-12-18
status:	Unpublished
citation:
Document Size:	70518

2586 MARTIN GREENBLATT v. JANICE G. ALLEN -- rank: 828

... 27 (2008). Pursuant to the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 to -163, a board of adjustment may ... permit . . . a use . . . in a district restricted against such use." N.J.S.A. 40:55D-70d. However, "[n]o variance or other relief ... to satisfy his burden of demonstrating the positive criteria under N.J.S.A. 40:55D-70d. In light of the proposed location of ... Brown , supra , 202 N.J. Super. at 329. Pursuant to N.J.S.A. 40:55D-70d, a land use applicant must also prove ... and the purpose of the zone plan and zoning ordinance." N.J.S.A. 40:55D-70d. In assessing the variance application, a "board ... cross-examination of witnesses at a board of adjustment hearing, N.J.S.A. 40:55D-10d, expert testimony is not required to ...

docket:	a5373-09
court:	NJ Superior Court Appellate Division
decided:	2011-10-21
status:	unpublished
citation:
Document Size:	61050

2587 /usr/local/share/www/libweb/collections/courts/appellate/a1314-18.opn.html -- rank: 828

... the second and fourth prongs of the best interests standard, N.J.S.A. 30:4C-15.1(a), at trial. The Law Guardian ... 201 N.J. 210, 223 (2010) (quoting the Kinship Act, N.J.S.A. 3B:12A-1(c)). That solution was abandoned when the ... or will continue to be endangered by the parental relationship,' N.J.S.A. 30:4C-15.1(a)(1), by clear and convincing ... the court has considered alternatives to termination of parental rights,' N.J.S.A. 30:4C-15.1(a)(3). A-1314-18T3 38 ... with the judge's assessment. A-1314-18T3 39 harm,' N.J.S.A. 30:4C-15.1(a)(2), the judge found '[t ... of parental rights will not do more harm than good,' N.J.S.A. 30:4C-15.1(a)(4), by considering whether ...

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2588 VALERIE MONTONE v. CITY OF JERSEY CITY -- rank: 828

... in violation of the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -42; (2) employment retaliation, also in ... violation of the New Jersey Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -14; (4) retaliation for protected First ... Jersey Constitution and the New Jersey Civil Rights Act (CRA), N.J.S.A. 10:6-1 to -2; (8) retaliation for political affiliation ... with prejudice, to avoid preclusion of her LAD claims. See N.J.S.A. 34:19-18. The Astriab plaintiffs, who were all sergeants ... also "by the Constitution or laws of the United States." N.J.S.A. 10:6-2(c). New Jersey courts have accordingly recognized ... to enforce "any right granted or protected by this act." N.J.S.A. 10:5-12(d). To claim retaliation in violation ...

docket:	a4158-11xx
court:	NJ Superior Court Appellate Division
decided:	2013-12-24
status:	published
citation:
Document Size:	85787

2589 STATE OF NEW JERSEY VS. PATRICK D. VERMILYEA -- rank: 828

... sentence defendant to life in prison without parole pursuant to N.J.S.A. 2C:43-7.1. Based on our review of the ... Jury returned an indictment charging defendant with first-degree robbery, N.J.S.A. 2C:15-1(a)(2) (count one); third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(d) (count two); and fourth-degree theft by unlawful taking, N.J.S.A. 2C:20-3(a) (count three). Thereafter, defendant moved to ... life imprisonment without parole pursuant to the 'Three Strikes Law,' N.J.S.A. 2C:43-7.1(a). On March 17, 2022, the ... SENTENCING [DEFENDANT] TO LIFE IN PRISON WITHOUT PAROLE, PURSUANT TO N.J.S.A. 2C:43-7.1[(a)], BECAUSE THE STATE FAILED ...

docket:	a2296-21
court:	appellate
decided:	2024-05-29
status:	Unpublished
citation:
Document Size:	41942

2590 ROSEMARY STANLEY v. CAPRI TRAINING CENTER, INC -- rank: 828

... under the Cosmetology and Hairstyling Act of 1984 (the Act), N.J.S.A. 45:5B-1 to -38. More particularly, she alleges N.J.S.A. 45:5B-3(h) bars a cosmetology school clinic from ... causes of action: violation of the Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -20 (count one); violation of the Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA), N.J.S.A. 56:12-14 to -18 (count two); breach of the ... an interpretation of what constitutes the "cost of materials" under N.J.S.A. 45:5B-3(h), and therefore the New Jersey Board ... other than a notation on the order stating "[p]er N.J.S.A. 56:8-140 [and N.J.A.C. ] 13: ...

docket:	a4175-15
court:	NJ Superior Court Appellate Division
decided:	2017-09-12
status:	unpublished
citation:
Document Size:	41438

2591 IN THE MATTER OF BELLEVILLE EDUCATION ASSOCIATION -- rank: 828

... arising under the New Jersey Employer- Employee Relations Act (EERA), N.J.S.A. 34:13A-1 to -43, even when raised in the ... these policies. The BEA claimed the Board's actions violated N.J.S.A. 34:13A-5.4(a)(1),(2),(3) and (5 ... without pay as a sanction, violated Mignone's rights under N.J.S.A. 34:13A-5.4(a) of the EERA. PERC also ... s argument challenging its jurisdiction to review this matter. Citing N.J.S.A. 34:13A- 5.4(c), PERC held: 'This agency has ... Cty. of Atl., 230 N.J. 237, 252 (2017) (citing N.J.S.A. 34:13A-5.3). It prohibits a public employer from ... negotiate in good faith' the terms and conditions of employment. N.J.S.A. 34:13A-5.4(a)(1), (2), (3), (5), ...

docket:	a5104-14
court:	New Jersey Superior Court Appellate Division
decided:	2018-07-16
status:	Published
citation:
Document Size:	59536

2592 IN THE MATTER OF REGISTRANT A.A. -- rank: 828

... those crimes are 'similar to' Megan's Law offenses under N.J.S.A. 2C:7-1 to -23, and therefore require registration in ... New Jersey] . . . . [The New York] statute resembles . . . our Luring Statute[,] [ N.J.S.A.] 2C:13- 6[,] which makes him Megan's Law. He ... 18T1 6 STATUTE OF WHICH A.A. WAS CONVICTED IS N.J.S.A. 2C:34-3(B). POINT V BECAUSE [NEW YORK PENAL ... 3) DOES NOT INCLUDE ALL OF THE ESSENTIAL ELEMENTS OF N.J.S.A. 2C:24-4A, THE MEGAN'S LAW COURT ERRED IN ... and promptly resolving incidents involving sexual abuse and missing persons.' N.J.S.A. 2C:7-1. The law is remedial and not intended ... obligations for offenders convicted of qualifying crimes in other jurisdictions. N.J.S.A. 2C:7-2 states in pertinent part: (a) (1) ...

docket:	a0678-18
court:	NJ Superior Court Appellate Division
decided:	2019-11-15
status:	Published
citation:
Document Size:	51268

2593 STATE OF NEW JERSEY v. RAMI A. AMER -- rank: 828

... a superseding indictment with seventeen counts of third-degree burglary, N.J.S.A. 2C:18-2(a)(1), five counts of third-degree theft, N.J.S.A. 2C:20-3(a), two counts of fourth-degree theft, N.J.S.A. 2C:20-3(a), two counts of fourth-degree attempted theft, N.J.S.A. 2C:5-1(a)(1), and 2C:20-3(a), and eleven counts of fourth-degree criminal mischief, N.J.S.A. 2C:17-3(a)(1), for a total of thirty ... in New Jersey under the Interstate Agreement on Detainers (IAD), N.J.S.A. 2A:159A-1 to -15; the State of New ...

docket:	a3047-18
court:	NJ Superior Court Appellate Division
decided:	2022-03-31
status:	Published
citation:
Document Size:	80348

2594 MORRIS VIEW HEALTH CARE CENTER v. DEPARTMENT OF HUMAN SERVICES -- rank: 828

... 28 (citing 42 U.S.C. § 1396a(a)(5); N.J.S.A. 30:4D-4, -5, and -7). 'Medical assistance is made ... 212 N.J. Super. 48, 52 (App. Div. 1986) (citing N.J.S.A. 30:4D-3(g)). Medicaid is 'jointly funded by the ... 42 U.S.C. §§ 1396, 1396a(a)(13); N.J.S.A. 30:4D-7(a)). A '[n]ursing facility' is 'an ... of the setting of Medicaid rates was transferred to DAS. N.J.S.A. 30:1A-14. A-0886-21 4 After 1977, DMAHS ... 2006 amendments to New Jersey's Medicaid State Plan and N.J.S.A. 30:4D- 7(t)(1), which the parties refer to ... rate based on Enhanced PEER Grouping and alleged violations of N.J.S.A. 30:4D-7(t)(1) and State Plan [a] ...

docket:	a0886-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-29
status:	Unpublished
citation:
Document Size:	57619

2595 KONOP, her husband v. ELLEN J. ROSEN, M.D -- rank: 828

... that it is trustworthy." 8 The Evidence Act of 1960, N.J.S.A. 2A:84A-33 to -44, adopted as law the basic ...

docket:	a2908-10
court:	NJ Superior Court Appellate Division
decided:	2012-04-25
status:	published
citation:	425 N.J. Super. 391 41 A.3d 773
Document Size:	87088