Search Rutgers Law Library N.J. Court Opinions

2641 STATE OF NEW JERSEY v. W.H. -- rank: 826

... found defendant W.H. guilty of second-degree sexual assault, N.J.S.A. 2C:14-2b, and second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4a. The trial judge sentenced defendant to an ... five percent parole disqualifier under the No Early Release Act, N.J.S.A. 2C:43-7.2. Although defendant raises a number of ... would "entail an excessive hardship to certain of his children[,]" N.J.S.A. 2C:44-1b(11). However, the pertinent aggravating factors included ... particularly vulnerable or incapable of resistance due to extreme youth, N.J.S.A. 2C:44-1a(2); the risk that the defendant will commit another offense, N.J.S.A. 2C:44-1a(3); the extent of the defendant' ...

docket:	a4158-07
court:	NJ Superior Court Appellate Division
decided:	2010-05-17
status:	unpublished
citation:
Document Size:	49676

2642 Canon Financial Services, Inc. v. Director, Division of Taxation -- rank: 826

... without compliance with the requirements of the Administrative * Procedures Act, N.J.S.A.52:14B-1 et seq. violates the mandate as set ... of its income to New Jersey and exercised discretion under N.J.S.A. 54:10A-8 (§8) by allowing a credit for ... capital or property, or maintaining an office in New Jersey. N.J.S.A. 54:10A-2. If a corporation has multistate income, an ... of its overall income subject to tax in the state. N.J.S.A. 54:10A-6 (“§6”). For the years under ... 305, 317 (App. Div. 1984). In recognition of that possibility, N.J.S.A. 54:10A-8 (§8) provides discretionary authority to the ... income of a taxpayer reasonably attributable to the State.” N.J.S.A. 54:10A-8. Thus, the Director may exercise discretion ...

docket:	hello
court:	NJ Tax Court
decided:	2018-12-05
status:	Unpublished
citation:
Document Size:	67396

2643 STATE OF NEW JERSEY v. BRIAN E. SCOTT -- rank: 826

... Mathis, with two counts of third-degree burglary, contrary to N.J.S.A. 2C:18-2 (Counts One and Three); two counts of third-degree theft of moveable property, contrary to N.J.S.A. 2C:20-3 (Counts Two and Four); and fourth-degree resisting arrest, contrary to N.J.S.A. 2C:44-3b. Scott was sentenced to concurrent extended-term ... s motion for an extended term, determining Scott eligible under N.J.S.A. 2C:44-3b for extended-term sentencing "as a professional ... defendant or others as an acceptable "cost of doing business." N.J.S.A. 2C:44-3b. The judge found aggravating factors, N.J.S.A. 2C:44-3b as a "professional criminal" without any ...

docket:	A0039-04
court:	NJ Superior Court Appellate Division
decided:	2006-09-15
status:	unpublished
citation:
Document Size:	132591

2644 GREEN FIELD CONSTRUCTION GROUP, LLC VS. MARJAM SUPPLY COMPANY -- rank: 826

... s motion for attorney's fees and costs pursuant to N.J.S.A. 2A:44A-15(a); (2) an August 31, 2021 order ... 16, 2020, Marjam, pursuant to the Construction Lien Law (CLL), N.J.S.A. 2A:44A-1 to -38, filed with the Monmouth County ... arising from a contract for a residential construction project. See N.J.S.A. 2A:44A-21(b)(1) to (3). Instead, A-0085 ... it did not satisfy the statutory prerequisites set forth in N.J.S.A. 2A:44A-21(b)(1) to (3), for filing a ... contract for construction of a residential project set forth in N.J.S.A. 2A:44A-21(b)(1) to (3), rendered Marjam's lien invalid. See N.J.S.A. 2A:44A-5(c) ('No liens shall attach nor ...

docket:	a0085-21
court:	appellate
decided:	2024-06-03
status:	Unpublished
citation:
Document Size:	37818

2645 /usr/local/share/www/libweb/collections/courts/appellate/a0877-19.opn.html -- rank: 826

... and neglected S.J.B. (Sarah) within the meaning of N.J.S.A. 9:6-8.21(c)(1) and (4)(b), and ... the credible evidence, that Jared abused or neglected Sarah under N.J.S.A. 9:6-8.21(c)(1) A-0877-19 18 ... A-0877-19 19 N.J. 1, 22 (2013) (citing N.J.S.A. 9:6-8.46(b)). The Division must sustain that ... P.W.R., 205 N.J. 17, 32 (2011) (quoting N.J.S.A. 9:6-8.46(b)). In determining whether a child ... the parent or guardian abused or neglected the affected child. N.J.S.A. 9:6-8.46(b). There must be 'proof of ... the following comments. Title Nine governs abuse and neglect proceedings. N.J.S.A. 9:6-8.21(c) provides in pertinent part: ...

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2646 STATE OF NEW JERSEY v. R.K. -- rank: 826

... 6, 2011, charging defendant with first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a) (count one); second-degree sexual assault, N.J.S.A. 2C:14-2(b) (count two); second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4 (count three); and fourth-degree child abuse, N.J.S.A. 9:6-3 (count four). After a jury trial, defendant ... v. Johnson , 42 N.J. 146 , 162 (1964); see also N.J.S.A. 2C:44-7. We also require "that the factfinder apply ... convicted of second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4, and fourth-degree child abuse, N. ...

docket:	a1964-11
court:	NJ Superior Court Appellate Division
decided:	2013-05-17
status:	unpublished
citation:
Document Size:	86132

2647 Robert Dublirer v. 2000 Linwood Avenue Owners, Inc., et al. -- rank: 826

... contrary to the Planned Real Estate Development Full Disclosure Act, N.J.S.A. 45:22A-44(b), an argument that only the ACLU ...

docket:	A-125-11
court:	NJ Supreme Court
decided:	2014-12-03
status:
citation:	220 N.J. 71 103 A.3d 249
Document Size:	76631

2648 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. J.R.S. -- rank: 826

... NOT SUPPORT A LEGAL FINDING THAT ALL FOUR PRONGS UNDER N.J.S.A. 30:4C-15.1a WERE MET IN THIS CASE. A ... not support a legal conclusion that the first prong of N.J.S.A. 30:4C-15.1a was met. B. The findings of ... not support a legal conclusion that the second prong of N.J.S.A. 30:4C-15.1a was met. C. The findings of ... not support a legal conclusion that the third prong of N.J.S.A. 30:4C-15.1a was met. D. The findings of ... not support a legal conclusion that the fourth prong of N.J.S.A. 30:4C-15.1a was met. II. THE TRIAL COURT ... DYFS had met the best interests standard set forth in N.J.S.A. 30:4C-15.1(a) by clear and convincing ...

docket:	a1268-06
court:	New Jersey Superior Court Appellate Division
decided:	2008-11-17
status:	unpublished
citation:
Document Size:	89548

2649 John Cicchetti v. Morris County Sheriff�s Office -- rank: 826

... not be released except as provided under the provision of N.J.S.A. 2C:52-1, et seq .” According to Cicchetti, his ... was protected by the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49, because of his medical condition ... holding any office or position as a public employee under N.J.S.A. 2C:51-2(d). Unlike the plaintiff in Cedeno , Cicchetti ... of any of the acts forbidden [under the LAD] . . . .” N.J.S.A. 10:5-12(e). The Court has not previously considered ... was arrested and charged with two offenses, breaking and entering, N.J.S.A. 2A:94-1, and stealing, N.J.S.A. 2A:119-2. He thereafter entered into a guilty ...

docket:	a-102-06
court:
decided:	2008-05-28
status:
citation:	194 N.J. 563
Document Size:	124754

2650 STATE OF NEW JERSEY v. DANIEL GRUBER, -- rank: 826

... State appeals from the trial court's dismissal pursuant to N.J.S.A. 2C:1-3f of an indictment charging defendant Daniel Gruber with second-degree child endangerment (distribution of child pornography), N.J.S.A. 2C:1-3f, arguing that his previous criminal prosecution in ... address the parties' arguments in light of these standards. I. ���� N.J.S.A. 2C:1-3f provides: ��������Notwithstanding that territorial jurisdiction may be ... State's interest will be adequately served by that prosecution. ���� N.J.S.A. 2C:1-3f represents a curtailment of the dual sovereignty ... certif. denied , 135 N.J. 468 (1994). ����The intent of N.J.S.A. 2C:1-3f is to protect criminal defendants against the ... Cannel, New Jersey Criminal Code Annotated , (" Cannel "), comment 2 on N.J.S.A. 2C:1-3 (2002) (quoting comment one from 1971 ...

docket:	A1425-02
court:	NJ Superior Court Appellate Division
decided:	2003-07-08
status:	published
citation:	362 N.J. Super. 519 829 A.2d 284
Document Size:	46223

2651 /usr/local/share/www/libweb/collections/courts/appellate/a0791-19.opn.html -- rank: 826

... H.P.-D. was convicted of second- degree sexual assault, N.J.S.A. 2C:14-2(b), and third-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a)(1), and after the court ordered ... sexual assault charge, subject to the No Early Release Act, N.J.S.A. 2C:43-7.2, a special sentence of parole supervision for life, N.J.S.A. 2C:43-6.4, and restrictions under Megan's Law, N.J.S.A. 2C:7-1 to -23. We affirm defendant's convictions ... December 2018 on charges of first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(1), second-degree sexual assault ...

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court:	New Jersey Superior Court Appellate Division
decided:
status:
citation:
Document Size:	49023

2652 Ronald W. Sahli, Esq., v. Woodbine Board of Education, et al. -- rank: 826

... whether a school board attorney is entitled to indemnification under N.J.S.A. 18A:16-6, which provides for indemnification in defense of ... The Board also denied indemnification and defense on grounds that N.J.S.A. 18A:16-6 applies to officers and employees, not independent ... in defense of the claim. The trial court concluded that N.J.S.A. 18A:16-6 provided indemnification for the attorney of the ... the Board's attorney is not entitled to indemnification under N.J.S.A. 18A:16-6, and rejected Sahli's argument that the ... than Board secretary. 386 N.J. Super. 533 (2006). HELD: N.J.S.A. 18A:16-6, which provides for indemnification in defense of ... s extensive analysis of the legislative and decisional history of N.J.S.A. 18A:16-6, which affords indemnity in a civil ...

docket:	a-92-06
court:
decided:	2008-01-30
status:
citation:	*CITE_PENDING*
Document Size:	79426

2653 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. J.R.S. -- rank: 826

... NOT SUPPORT A LEGAL FINDING THAT ALL FOUR PRONGS UNDER N.J.S.A. 30:4C-15.1a WERE MET IN THIS CASE. A ... not support a legal conclusion that the first prong of N.J.S.A. 30:4C-15.1a was met. B. The findings of ... not support a legal conclusion that the second prong of N.J.S.A. 30:4C-15.1a was met. C. The findings of ... not support a legal conclusion that the third prong of N.J.S.A. 30:4C-15.1a was met. D. The findings of ... not support a legal conclusion that the fourth prong of N.J.S.A. 30:4C-15.1a was met. II. THE TRIAL COURT ... DYFS had met the best interests standard set forth in N.J.S.A. 30:4C-15.1(a) by clear and convincing ...

docket:	a1267-06
court:	New Jersey Superior Court Appellate Division
decided:	2008-11-17
status:	unpublished
citation:
Document Size:	89549

2654 STATE OF NEW JERSEY v. DAVID J. LOMANTO -- rank: 826

... found him guilty of fourth-degree public communication of obscenity, N.J.S.A. 2C:34-4(b), and obstructing a criminal investigation, N.J.S.A. 2C:29-1. He also challenges the trial judge finding ... guilty of the petty disorderly persons offense of disorderly conduct, N.J.S.A. 2C:33-2(a)(2). Defendant's convictions arose from ... followed. On appeal, defendant argues the following points: POINT I N.J.S.A. 2C:34-4 (PUBLIC COMMUNICATION OF OBSCENITY) IS UNCONSTITUTIONAL. A. THE STATUTORY DEFINITION OF 'PUBLICLY COMMUNICATES' IN N.J.S.A. 2C:34- 4a IS OVERBROAD AS IT ENSNARES INNOCENT INDIVIDUALS ... STATE DID NOT PROVE DEFENDANT WAS GUILTY OF OBSTRUCTION UNDER N.J.S.A. 2C:29-1. POINT IV THE JUDGE ERRED IN ...

docket:	a5273-16
court:	NJ Superior Court Appellate Division
decided:	2019-10-15
status:	Unpublished
citation:
Document Size:	46370

2655 VALENTYNA HOHL v. INSULATED DUCT & CABLE CO. -- rank: 826

... that raise a common question under the Workers' Compensation Act, N.J.S.A. 34:15-1 to -142 (the Act). On January 14 ... that varied with the number of the decedent's dependents, N.J.S.A. 34:15-13a-e. The range was: fifty percent of wages for one dependent, N.J.S.A. 34:15-13d, and seventy percent of wages for five or more dependents, N.J.S.A. 34:15-13e. Under the revised formula, adopted effective January 14, 2004, subsection a of N.J.S.A. 34:15-13 was amended to provide a benefit based ... dependents." L. 2003, c. 253, § 1. The subsections of N.J.S.A. 34:15-13 addressing benefits for two, three, four ...

docket:	A3844-04
court:	NJ Superior Court Appellate Division
decided:	2007-05-14
status:	published
citation:
Document Size:	91345