Search Rutgers Law Library N.J. Court Opinions

3106 STATE OF NEW JERSEY v. RODNEY ALSTON -- rank: 824

... for third-degree possession of a controlled dangerous substance (CDS), N.J.S.A. 2C:35-10a(1); second-degree possession of CDS with intent to distribute, N.J.S.A. 2C:35-5b(2); third-degree possession of CDS on ... within 1000 feet of school property with intent to distribute, N.J.S.A. 2C:35-7; and second-degree possession of CDS with ... on or within 500 feet of a public housing facility, N.J.S.A. 2C:35-7.1. We affirm the convictions, but remand ... an eight-count indictment with third-degree possession of CDS, N.J.S.A. 2C:35-10a(1) (Counts One and Five); second-degree possession of CDS with intent to distribute, N.J.S.A. 2C:35-5b(2) (Count Two); third-degree possession ...

docket:	a2776-11
court:	NJ Superior Court Appellate Division
decided:	2014-12-09
status:	unpublished
citation:
Document Size:	55914

3107 PAUL RYBKIN v. TOWNSHIP OF NORTH BERGEN -- rank: 824

... conferred by a portion of the Tort Claims Act (TCA), N.J.S.A. 59:4-7. The judge also granted summary judgment to ... complaint against Nissan World to assert claims of consumer fraud, N.J.S.A. 56:8-2, violation of the New Jersey Uniform Commercial Code, N.J.S.A. 12A:2-714, breach of contract, and vicarious liability. The ... Township was not entitled to immunity under the TCA, specifically N.J.S.A. 59:4-7, which confers immunity for injuries resulting solely ... and to correct the dangerous condition. The judge concluded that N.J.S.A. 59:4-7 immunized the Township from liability because the ... in accordance with the fair and uniform principles established herein." N.J.S.A. 59:1-2. The TCA states: a. Except as ...

docket:	a3773-09
court:	NJ Superior Court Appellate Division
decided:	2012-05-17
status:	unpublished
citation:
Document Size:	55240

3108 IMPACT PROTECTIVE EQUIPMENT, LLC v. XTECH PROTECTIVE EQUIPMENT -- rank: 824

... competition and trade secret misappropriation at common law and under N.J.S.A. 56:4-1 (count six); conversion (count seven); quasi contractual ... advantage (count four), unfair competition and trade secret misappropriation under N.J.S.A. 56:4-1 (count five), conversion (count six), quasi-contractual ... LLC member to assert claims that belong to the LLC. N.J.S.A. 42:2C-67 to -68. In that respect, it is ... by, or violating a duty owed to a shareholder). Under N.J.S.A. 42:2C-67, to 'maintain a direct action against another ... company . . . [does] not bring the action within a reasonable time.' N.J.S.A. 42:2C-68(a). When determining whether the action is ... bring a derivative action on behalf of Impact. We disagree. N.J.S.A. 42:2C-68(a) provides that a member may ...

docket:	a0879-19
court:	NJ Superior Court Appellate Division
decided:	2021-04-14
status:	Unpublished
citation:
Document Size:	76072

3109 STATE OF NEW JERSEY v. FRANCISCO J. FARIA -- rank: 824

... sexual penetration upon a child less than thirteen years old, N.J.S.A. 2C:14-2a (count one); two counts of second degree ... by one at least four years older than the child, N.J.S.A. 2C:14-2b (counts two and four); second degree attempted ... sexual assault upon a child less than thirteen years old, N.J.S.A. 2C:5-1a(3) and N.J.S.A. 2C:14-2a (count three); and third degree endangering the welfare of a child, N.J.S.A. 2C:24-4a (count five). Following hearings on defendant's ... supervision upon release under the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2; to a concurrent prison term ...

docket:	a2049-09
court:	NJ Superior Court Appellate Division
decided:	2012-05-30
status:	unpublished
citation:
Document Size:	88036

3110 STATE OF NEW JERSEY v. S.D.,1 -- rank: 824

... grand jury charged defendant with first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(1) (count one); second-degree sexual assault., N.J.S.A. 2C:14-2(b) (count two); second-degree sexual assault, N.J.S.A. 2C:14-2(c)(1) (count three); second-degree sexual assault, N.J.S.A. 2C:14-2(c)(4) (count four); and third-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a) (count five). In July 2016, defendant ... parole ineligibility, pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant appeals from the amended ...

docket:	a3282-16
court:	NJ Superior Court Appellate Division
decided:	2020-03-02
status:	Unpublished
citation:
Document Size:	47742

3111 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.P. -- rank: 824

... 2013, the Division filed a Complaint for Guardianship pursuant to N.J.S.A. 30:4C-15 and -22 to terminate Janet’s parental ... proved by clear and convincing evidence all four prongs of N.J.S.A. 30:4C-15.1(a). Judge Baxter found: Janet endangered ... four prongs of the best interests test set forth in N.J.S.A. 30:4C-15.1(a) . The scope of our review ... to terminate parental rights and obtain guardianship of the child, N.J.S.A. 30:4C-15.1(a) provides the Division must satisfy ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These four prongs are not ... or will continue to be endangered by the parental relationship." N.J.S.A. 30:4C-15.1(a)(1). "The harm shown . . . ...

docket:	a0788-13
court:	NJ Superior Court Appellate Division
decided:	2014-08-26
status:	unpublished
citation:
Document Size:	72481

3112 STATE OF NEW JERSEY v. J.S.C. -- rank: 824

... following a jury trial for first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(2)(a); second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a); and third-degree aggravated criminal sexual contact, N.J.S.A. 2C:14-3(a). The victim was his biological son ... Grand Jury charged defendant with first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(2)(a) (counts one, two, three ... and fourteen); second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a) (counts six, seven, eight, nine, fifteen ... eighteen, twenty, and twenty-one); and third- degree promoting prostitution, N.J.S.A. 2C:34-1(b)(6). A-0667-16T4 6 ...

docket:	a0667-16
court:	NJ Superior Court Appellate Division
decided:	2018-09-25
status:	Unpublished
citation:
Document Size:	53657

3113 STATE OF NEW JERSEY v. KESHAWN MALONE -- rank: 824

... convicted by jury of second-degree conspiracy to commit burglary, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:18-2(b)(2) (count one); second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1 (count two); second-degree burglary, N.J.S.A. 2C:2-6 and N.J.S.A. 2C:18-2 (count three); first-degree robbery, N. ...

docket:	a1339-18
court:	NJ Superior Court Appellate Division
decided:	2021-07-16
status:	Unpublished
citation:
Document Size:	45110

3114 STATE OF NEW JERSEY v. SWAPAN NANDY -- rank: 824

... Swapan Nandy was convicted of second-degree attempted sexual assault, N.J.S.A. 2C:5-1 and 2C:14-2(c)(4) (counts ... child into a motor vehicle to commit a criminal offense, N.J.S.A. 2C:13-6(a) (count five); third-degree attempting to endanger the welfare of a child, N.J.S.A. 2C:5-1 and 2C:24-4(a) (count six); and fourth-degree attempted criminal sexual contact, N.J.S.A. 2C:5-1 and 2C:14-3(b) (count seven ... ineligibility term required by the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. On counts five, six and seven ... judgment of conviction (JOC) to vacate the Sex Offender Surcharge, N.J.S.A. 2C:43-3.7, and to reflect the court' ...

docket:	a1659-08
court:	superior court appellate division
decided:	2010-10-08
status:	unpublished
citation:
Document Size:	92261

3115 CHICAGO FIVE PORTFOLIO, LLC v. DIRECTOR, DIVISION OF TAXATION -- rank: 824

... over $1,000,000, also known as the "Mansion Tax," N.J.S.A. 46:15-7.2. This amendment, codified as N.J.S.A. 46:15-7.4, provides a refund of the Mansion ... fully executed before July 1, 2006." We hold that: (1) N.J.S.A. 46:15-7.4 is not an "exemption" from the ... as the Director of the Division of Taxation may require. [ N.J.S.A. 46:15-7.4.] Wells Reit II – 80 Park ... paid a $1,475,000 realty transfer fee set by N.J.S.A. 46:15-7.2 and recorded the deed. Wells Reit ... measure for general State purposes, the Legislature carved out, in N.J.S.A. 46:15-7.4, a limited exclusion from the ...

docket:	a5276-07
court:	NJ Superior Court Appellate Division
decided:	2010-07-28
status:	published
citation:	414 N.J. Super. 453 999 A.2d 489
Document Size:	58085

3116 ROBERT A. NOLAN v. GURBIR S. GREWAL -- rank: 824

... New Jersey Administrative Procedure Act (APA), A-4614-19 2 N.J.S.A. 52:14B-1 to -31, renders it invalid and unenforceable ... exemption for statements concerning the internal management of an agency. N.J.S.A. 52:14B– 2. We therefore affirm the action of the ... re Carberry, 114 N.J. 574, 577-78 (1989) (citing N.J.S.A. 52:17B-2). 'In that capacity, the Attorney General is ... the department, its officers and employees.'' Id. at 578 (quoting N.J.S.A. 52:17B-4(d)). In addition, the Criminal Justice Act of 1970, N.J.S.A. 52:17B-97 to -117, provides that the Attorney General ... law and the administration of criminal justice throughout the State.' N.J.S.A. 52:17B-98. Accordingly, our Supreme Court has '[r] ...

docket:	a4614-19
court:	NJ Superior Court Appellate Division
decided:	2022-01-26
status:	Unpublished
citation:
Document Size:	62580

3117 UNITED CONSUMER FINANCIAL SERVICES COMPANY v. WILLIAM CARBO -- rank: 824

... violations of the Door-to-Door Retail Installment Sales Act, N.J.S.A. 17:16C-61.1 to -61.9; the Retail Installment Sales Act, N.J.S.A. 17:16C-1 to -61; and the Truth-in-Consumer Contract, Warranty and Notice Act, N.J.S.A. 56:12-14 to -18. Pursuant to N.J.S.A. 56:12-17, each of the 16,845 class members ... 2007. Class claims alleging violations of the Consumer Fraud Act, N.J.S.A. 56:8-1 to -20, and the Licensed Lenders Act, N.J.S.A. 17:11C-1 to -50; fraud; breach of contract; ...

docket:	a5501-06
court:	superior court appellate division
decided:	2009-10-22
status:	Published
citation:	410 N.J. Super. 280 982 A.2d 7
Document Size:	93598

3118 A-02314-15T1 OF CHILD PROTECTION AND PERMANENCY v. P.S IN THE MATTER OF THE GUARDIANSHIP OF T.W., a Minor NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.L., Sr IN THE MATTER OF THE GUARDIANSHIP OF I.L. and J.L., Jr., Minors -- rank: 824

... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] Our scope of review on ... Division's custody of the children for services pursuant to N.J.S.A. 30:4C-12. Prior to J.L.'s release from ... Division satisfied all four prongs of the best interests test, N.J.S.A. 30:4C-15.1(a). Judge Appleby found that J ... clear and convincing evidence the four statutory prongs contained in N.J.S.A. 30:4C-15.1(a). According to J.L., the ... the trial, made detailed findings as to each prong of N.J.S.A. 30:4C-15.1(a), and concluded the Division had ... guardianship. The judge's opinion tracks the statutory requirements of N.J.S.A. 30:4C-15.1(a), accords with applicable case ...

docket:	a2314-15
court:	NJ Superior Court Appellate Division
decided:	2017-04-21
status:	unpublished
citation:
Document Size:	58442

3119 BERKELEY FAMILY APARTMENTS, LLC v. THE TOWNSHIP OF BERKELEY -- rank: 824

... the Township. With regard to the required resolution of need, N.J.S.A. 55:14K-6(c) states: No application for a loan ... will meet an existing housing need[.]" He also observed that " N.J.S.A. 55:14K-6(c) provides that the municipality has discretion ... concluded that the adoption of a resolution of need under N.J.S.A. 55:14K-6(c) is clearly not a ministerial act ... a writ. The resolution of need requirement set forth in N.J.S.A. 55:14K-6(c) was part of the New Jersey ... in an adverse effect on the availability of affordable housing. ( N.J.S.A. 55:14K-2[(a) and (b))]." Ibid. Thus, the Legislature ... the revitalization of the State's urban areas . . . ." [ Ibid. (quoting N.J.S.A. 55:14K-2(e)).] To meet these statutory goals, ...

docket:	a3042-14
court:	NJ Superior Court Appellate Division
decided:	2015-12-07
status:	unpublished
citation:
Document Size:	60834

3120 STATE OF NEW JERSEY v. VINCENT JACKSON -- rank: 824

... guilty to second-degree possession with intent to distribute heroin, N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(3), as amended from a first ... a hardship waiver of his driver's license suspension. See N.J.S.A. 2C:35-16(a). A-4649-16T4 2 probable cause ... Spallina stopped the vehicle for violating the stop sign statute, N.J.S.A. 39:4-144. After conducting the stop, Spallina recognized the ... placed him under arrest for obstructing the motor vehicle stop. N.J.S.A. 2C:29-1(a). Concerned that defendant was armed with ... s failure to stop his motor vehicle in violation of N.J.S.A. 39:4-144. That eyewitness observation is sufficient to ...

docket:	a4649-16
court:	NJ Superior Court Appellate Division
decided:	2018-11-08
status:	Unpublished
citation:
Document Size:	37347