Search Rutgers Law Library N.J. Court Opinions

2956 STATE OF NEW JERSEY v. KHALIF WILLIAMS -- rank: 824

... his hands and not to move. Nevertheless, 1 Pursuant to N.J.S.A. 39:3-75, '[n]o person shall drive any motor ... was charged with second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b) and third-degree resisting arrest by force, N.J.S.A. 2C:29-2(a)(3)(A). Additionally, he was charged ... with second-degree possession of a firearm by certain persons, N.J.S.A. 2C:39-7(b). Bush was charged with one count of fourth-degree obstruction, N.J.S.A. 2C:29- 1. The State jointly tried Williams, Islam, and ... of reoffense); six (criminal history); and nine (need to deter), N.J.S.A. 2C:44-1(a)(3), (6), and (9), as ...

docket:	a2543-18
court:	NJ Superior Court Appellate Division
decided:	2022-01-06
status:	Unpublished
citation:
Document Size:	49032

2957 STEPHEN M. LAMANNA v. RUSSELL CHARLES SWAN -- rank: 824

... its resolution granting the Swans relief from the provisions of N.J.S.A. 40:55D-35. That statute forbids the granting of a ... that the blood extraction was an "inherently beneficial use" under N.J.S.A. 40:55D-4 because the finished product has medical applications ... the so-called "negative criteria" for a use variance under N.J.S.A. 40:55D-70d(1), because any increases in traffic had ... shorebird were met and a shorebird management plan was adopted. N.J.S.A. 23:2B-21a. An exception was created within the statutory ... unharmed to the same waters from which they were collected." N.J.S.A. 23:2B-21b(2). The Swans have not applied for ... prescriptive period should apply: The 60-year prescriptive period [in N.J.S.A. 2A:14-30] applies to 'woodlands or uncultivated tracts.' ...

docket:	a1280-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-12
status:	unpublished
citation:
Document Size:	110267

2958 /usr/local/share/www/libweb/collections/courts/appellate/a5557-18.opn.html -- rank: 824

... Williams appeals from his conviction for first-degree felony murder, N.J.S.A. 2C:11-3, second-degree possession of a firearm for an unlawful purpose, N.J.S.A. 2C:39-4(a), and second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b). We reverse and remand for a ... A grand jury subsequently charged defendant with: first-degree murder, N.J.S.A. 2C:11-3(a)(1) and (2) (count one); first-degree felony murder, N.J.S.A. 2C:11-3 (count two); first-degree armed robbery, N.J.S.A. 2C:15-1 (count three); second-degree possession of ...

docket:
court:
decided:
status:
citation:
Document Size:	62094

2959 /usr/local/share/www/libweb/collections/courts/appellate/a5864-08.opn.html -- rank: 824

... 1) whether the Optional Municipal Charter Law (the Faulkner Act), N.J.S.A. 40:62-3 to -4 excepts this sale from the ... on the ballot consistent with the public referendum provisions of N.J.S.A. 40:69A-185 (Section 185). In response to petitioner's ... that the sale was subject to the exception provisions of N.J.S.A. 40:62-3.1 (Section 3.1), 1 The City ... construed within their context' and 'given their generally accepted meaning.' N.J.S.A. 1:1-1. To that end, 'statutes must be read ... a referendum in the municipality concerning the subject matter thereof. [N.J.S.A. 40:69A-185.] 'When a referendum petition is properly filed ... referendum are found in many other statutes. See, e.g., N.J.S.A. 27:19-26.5 (exempting from referendum municipal ordinances ...

docket:	a5864-08
court:	superior court appellate division
decided:	2009-12-17
status:	published
citation:	411 N.J. Super. 135 984 A.2d 895
Document Size:	58228

2960 HAVEN SAVINGS BANK v. kathleen m. zanolini -- rank: 824

... Global. Because the New Jersey Uniform Unclaimed Property Act (NJUUPA), N.J.S.A. 46:30B-1 to -109, permits an award of the ... Zanolini because that agreement did not satisfy the requirements of N.J.S.A. 46:30B-106. I. Defendant Kathleen M. Zanolini is the ... owners and Global made pursuant to and in compliance with N.J.S.A. 46:30B-106. Specifically, Global urges that in 1989 New ... owner's share after the fee had been deducted, citing N.J.S.A. 46:30B-106. Global argues that the General Equity judge ... 1989, New Jersey adopted the 1981 Uniform Unclaimed Property Act, N.J.S.A. 46:30B-1 to -109 (1989 NJUUPA), with a goal ... this law among states enacting it.'" Id. at 64 (quoting N.J.S.A. 46:30B-2). Thus, the 1989 NJUUPA should be ...

docket:	a4069-08
court:	New Jersey Superior Court Appellate Division
decided:	2010-09-07
status:	Published
citation:
Document Size:	75197

2961 CALDWELL V. HAYNES -- rank: 824

... nor state taxes. 26 U.S.C. §104 (a)(2); N.J.S.A. 54A:6-6. See generally Annotation, John E. Theuman, Propriety ...

docket:	a-108-93
court:	njsupreme
decided:	1994-07-06
status:
citation:	136 N.J. 422
Document Size:	53795

2962 DIVISION OF YOUTH AND FAMILY SERVICES v. N.B IN THE MATTER OF THE GUARDIANSHIP OF T.S.C.G -- rank: 824

... 103 N.J. 591 , 604-10 (l986), as codified in N.J.S.A. 30:4C-15.1(a). As to the first prong ... the child, courts follow a four-prong standard, codified in N.J.S.A. 30:4C-15.1(a). This standard allows for termination ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These criteria are neither separate ...

docket:	a0232-11
court:	NJ Superior Court Appellate Division
decided:	2013-01-16
status:	unpublished
citation:
Document Size:	80877

2963 Gayatri Shah v. Mayank Shah -- rank: 824

... Mayank under the Prevention of Domestic Violence Act of 1991, N.J.S.A. 2C:25-17 to –33 (Domestic Violence Act or Act ... a complaint and seek emergency ex parte relief. Pursuant to N.J.S.A. 2C:25-28a. The logic of that provision is unassailable ... a judge of the Family Part issues a further order." N.J.S.A. 2C:25-28i. (Pp. 20-21). The judgment of the ... protections of the [Prevention of Domestic Violence Act of 1991, N.J.S.A. 2C:25-17 to -33] when the abuser enters the ... defendant resides, or where the plaintiff resides or is sheltered,” N.J.S.A. 2C:25-28a, New Jersey courts have the authority to ... both that “the plaintiff is in danger of domestic violence,” N.J.S.A. 2C:25-28g, and that the temporary restraining order ...

docket:	a-93-04
court:	njsupreme
decided:	2005-06-30
status:
citation:	183 N.J. 259
Document Size:	65515

2964 STEPHANEE THOMPSON v. STATE OF NEW JERSEY -- rank: 824

... barred by immunities provided by the Tort Claims Act (TCA), N.J.S.A. 59:1-1 to 12-3, and plaintiff's spoliation ... TCA. The judge stated: [C]ases applying immunity provisions of N.J.S.A. 59:5-4 have generally interpreted those provisions in a ... or to arrest the culprit under the immunity granted under N.J.S.A. 59:5-4 and 59:5-5. Based upon those ... Mercer Cemetery Corp. , 197 N.J. 448 , 459 (2009) (quoting N.J.S.A. 59:1-2). The TCA provides "a public entity is ... is provided, for failure to provide sufficient police protection service. " N.J.S.A. 59:5-4. Similarly, " [n]either a public entity nor ... for injury caused by the failure to make an arrest . . . . " N.J.S.A. 59:5-5; see also Lee , supra , 232 N. ...

docket:	a1973-13
court:	NJ Superior Court Appellate Division
decided:	2015-09-17
status:	unpublished
citation:
Document Size:	58163

2965 STATE OF NEW JERSEY v. JAMES GLEATON -- rank: 824

... of first degree possession of cocaine with intent to distribute, N.J.S.A. 2C:35-5a(1); first degree distribution of cocaine, N.J.S.A. 2C:35-5a(1); third degree possession of cocaine, N.J.S.A. 2C:35-10a(1); and fourth degree maintaining a narcotics nuisance, N.J.S.A. 24:21-21a(6). At sentencing, the trial judge merged ... before a jury and convicted of "fourth degree aggravated assault ( N.J.S.A. 2C:12-1b(4)); third degree terroristic threats N.J.S.A. 2C:12-3); second degree possession of a handgun ...

docket:	a3458-13
court:	NJ Superior Court Appellate Division
decided:	2016-08-09
status:	published
citation:	446 N.J.Super. 478 143 A.3d 326
Document Size:	151233

2966 SelectiveInsurance Company of America v. Hudson East Pain Management -- rank: 824

... to cooperate and a violation of the PIP discovery statute, N.J.S.A. 39:6A-13(b). Selective sought a declaratory judgment that ... the providers. (pp. 10-13) 3. The Legislature, in adopting N.J.S.A. 39:6A-13, set down clear directives with respect to ... Court perceives no ambiguity in the statute’s language; applying N.J.S.A. 39:6A-13 according to its clear terms does not ... history, condition, treatment, dates and cost of such treatment.” N.J.S.A. 39:6A-13(g). The Court may not, under the ... insurance fraud, the Legislature passed the Insurance Fraud Prevention Act, N.J.S.A. 17:33A-1 to -30, which created the Insurance Fraud Prosecutor, N.J.S.A. 17:33A-16, and the Bureau of Fraud Deterrence, ...

docket:	A-105-10
court:	NJ Supreme Court
decided:	2012-07-18
status:
citation:	210 N.J. 597 46 A.3d 1272
Document Size:	73714

2967 /usr/local/share/www/libweb/collections/courts/supreme/a-3-19.opn.html -- rank: 824

... is no basis to disturb the jury’s verdict. 1. N.J.S.A. 2C:13-1(b) provides that “[a] person is ... if it is accomplished by force, threat, or deception.” N.J.S.A. 2C:13-1(d) (emphasis added). Additionally, unless the defendant ... apprehension,” kidnapping is a crime of the first degree. N.J.S.A. 2C:13-1(c)(1). First-degree kidnapping is one ... crimes and aggravated assault and to terrorize C.M., see N.J.S.A. 2C:13-1(b); he accomplished the confinement by force and threat, see N.J.S.A. 2C:13-1(d); and he did not release C ... unharmed and in a safe place before his apprehension, see N.J.S.A. 2C:13-1(c)(1). The concern expressed in ...

docket:
court:
decided:
status:
citation:
Document Size:	49785

2968 ENDO SURGI CENTER, P.C. v. LIBERTY MUTUAL INSURANCE COMPANY -- rank: 824

... service in which a physician has an ownership interest. See N.J.S.A. 45:9-22.5(a). After the Law Division rendered ... Law. Those amendments, which are to be applied retroactively, see N.J.S.A. 45:9-22.5, would entitle Endo to payment of ... violated the Codey Law's prohibition on self-referrals, see N.J.S.A. 45:9-22.5, by receiving referrals from its owner ... violate a provision of the Insurance Fraud Prevention Act (IFPA), N.J.S.A. 17:33A-4(a)(1), because there was no evidence ... practice group. This distinction makes sense given the language of N.J.S.A. 26:2H-2 when read in conjunction with N.J.S.A. 26:2H-7(a). The latter statute requires any " ...

docket:	a4611-07
court:	NJ Superior Court Appellate Division
decided:	2010-08-17
status:	unpublished
citation:
Document Size:	59168

2969 DR. CHRISTINE LENTZ, ET AL. VS. DR. KATHLEEN TAYLOR, ET AL. -- rank: 824

... in violation of the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -50; conspiracy; breach of contract; tortious ... 434 N.J. Super. 1, 10 (App. Div. 2013) (quoting N.J.S.A. 2A:84A- 20(1); N.J.R.E. 504(1 ... of action arising under the New Jersey Civil Rights Act, N.J.S.A. 10:6-1 to -2, which provides recourse for such ...

docket:	a1175-23a1176-23
court:	appellate
decided:	2024-05-03
status:	Unpublished
citation:
Document Size:	52313

2970 STATE OF NEW JERSEY v. LUIS A. SANTIAGO, JR -- rank: 824

... P., specifically: two counts of fourth-degree criminal sexual contact, N.J.S.A. 2C:14-3(b) (counts one and two); first-degree kidnapping, N.J.S.A. 2C:13-1(b)(1) (count three); four counts of ... a kidnapping (by vaginal penetration, anal penetration, fellatio and cunnilingus), N.J.S.A. 2C:14-2(a)(3) (counts four, five, seven and ... by vaginal penetration, anal penetration, digital penetration, fellatio and cunnilingus), N.J.S.A. 2C:14-2(a)(3) (counts nine, ten, eleven, twelve ... by vaginal penetration, anal penetration, fellatio, cunnilingus and digital penetration), N.J.S.A. 2C:14-2(a)(6) (counts fourteen, fifteen, sixteen, seventeen ... by causing or attempting to cause serious bodily injury (SBI), N.J.S.A. 2C:12-1(b)(1) (count twenty-four); third- ...

docket:	a2776-12
court:	NJ Superior Court Appellate Division
decided:	2015-01-28
status:	unpublished
citation:
Document Size:	60032