Search Rutgers Law Library N.J. Court Opinions

3196 STATE OF NEW JERSEY v. JOHN S. POSTON -- rank: 822

... by jury, defendant was convicted of second-degree sexual assault, N.J.S.A. 2C:14-2(c)(3)(b) (count one); fourth-degree criminal sexual contact, N.J.S.A. 2C:14-3(b) (count two); two counts of fourth-degree child abuse, N.J.S.A. 9:6-3 (counts three and four); third-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a) (count six); and fourth-degree lewdness, N.J.S.A. 2C:14-4(b) (count seven). The judge imposed an ... parole ineligibility, pursuant to the No Early Release Act (NERA), N.J.S.A.  2C:43-7.2. Defendant now appeals from the ...

docket:	a2214-14
court:	NJ Superior Court Appellate Division
decided:	2016-11-04
status:	unpublished
citation:
Document Size:	58937

3197 DIVISION OF CHILD PROTECTION AND PERMANENCY v. F.C. -- rank: 822

... and Permanency (Division) failed to prove all four prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence ... to prong one of the best interests test codified in N.J.S.A. 30:4C-15.1(a), the trial judge stated: Despite ... grant a petition when the four prongs set forth in N.J.S.A. 30:4C-15.1(a) are established by clear and convincing evidence. As codified, N.J.S.A. 30:4C-15.1(a) requires the Division prove: (1 ... determination the Division established by clear and convincing evidence under N.J.S.A. 30:4C-15.1(a), that it was in Walter ... or will continue to be endangered by the parental relationship[.]" N.J.S.A. 30:4C-15.1(a)(1). "[T]he Division ...

docket:	a0751-16
court:	NJ Superior Court Appellate Division
decided:	2017-10-20
status:	unpublished
citation:
Document Size:	56177

3198 DONALD NICKERSON v. THE QUAKER GROUP -- rank: 822

... to Quaker on their claim under the Consumer Fraud Act, N.J.S.A. 56:8-1 to -20 (the Act). The Act protects ... person "has in fact been misled, deceived or damaged thereby." N.J.S.A. 56:8-2. It does not require reliance, because its ... property, real or personal, as a result of" unlawful conduct. N.J.S.A. 56:8-19. Thus, while the Act does not require ... 6, was promulgated under the State Uniform Construction Code Act, N.J.S.A. 52:27D-119 to -141, and it does not name ... such as the New Home Warranty and Builders' Registration Act, N.J.S.A. 46:3B-1 to -20, among its other statutory sources ... on all seven counts, even though the Comparative Negligence Act, N.J.S.A. 2A:15-5.2, requires the allocation of liability ...

docket:	a6253-06
court:	njappellate
decided:	2008-07-03
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	116020

3199 /usr/local/share/www/libweb/collections/courts/appellate/a3018-18.opn.html -- rank: 822

... dealing; breach of the New Jersey Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -224; breach of the 'Consumer Finance ... rights; and violations of the New Jersey 'Civil RICO' statute, N.J.S.A. 2C:4-2.4 The complaint also sought a declaratory ... §§ 1 to 16, and the Uniform Arbitration Act, N.J.S.A. 2A:23B-1 to -36, favor arbitration of disputes. KPMG ... matter of law, the New Jersey Arbitration Act (the Act), N.J.S.A. 2A:23B-1 to -36, provides the arbitration procedures applicable ... N.J. Super. 14, 28 (App. Div. 2006); see also N.J.S.A. 2A:23B-3 (stating the 'act governs all agreements to ... employees under a collective bargaining agreement or collectively negotiated agreement.' N.J.S.A. 2A:23B- - 3(a). This exception does not apply ...

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3200 HARRY’S LOBSTER HOUSE v. DIRECTOR, DIVISION OF <br -- rank: 822

... of the taxes assessed against the plaintiff. See, e.g. , N.J.S.A. 54:32B-14(a) (providing that every person required to ... or use tax is personally liable for the tax) and N.J.S.A. 54:32B-2(w) (defining “persons required to collect ... or employee of a corporation under certain circumstances); see also N.J.S.A. 54A:9-6(f) and N.J.S.A. 54A:9-6(l) (similar provisions relating to gross income ... of assessment had been issued on May 8, 2003, that N.J.S.A. 54:49-18 requires that a request for a hearing ... days permitted by statute. The State Uniform Tax Procedure Law, N.J.S.A. 54:48-1 to 54:53-18, sets forth ...

docket:	04978-04
court:
decided:	2006-06-05
status:
citation:
Document Size:	55158

3201 ANIMAL PROTECTION LEAGUE OF NEW JERSEY v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 822

... Council exists within the DFW, a division of the NJDEP. N.J.S.A. 13:1B-24. See also U.S. Sportsmen's Alliance ... the protection and propagation of fish, birds, and game animals . . . ." N.J.S.A. 13:1B-28. The Council is authorized to adopt appropriate ... their use and development for public recreation and food supply . . . ." N.J.S.A. 13:1B-30. The Council may do so only "after ... such action on the basis of scientific investigation and research . . . ." N.J.S.A. 13:1B-30. In 2010, pursuant to the enabling legislation ... their use and development for public recreation and food supply . . . ." N.J.S.A. 13:1B-30. The Council may do so only "after ... such action on the basis of scientific investigation and research . . . ." N.J.S.A. 13:1B-30. Appellants question the validity of the ...

docket:	a1603-10
court:	NJ Superior Court Appellate Division
decided:	2011-12-01
status:	published
citation:	423 N.J. Super. 549 34 A.3d 784
Document Size:	81728

3202 CAPE JETTY, LLC, ET AL. VS. CAPE MAY PLANNING BOARD, ET AL. -- rank: 822

... In the 2021 Application, Cape Jetty sought two variances under N.J.S.A. 40:55D-70(c)(2): a parking variance to provide ... a declaratory judgment that the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 to -163, preempted Cape May City Code ... A planning board has the power to grant variances under N.J.S.A. 40:55D- 70(c), commonly known as (c)(2) variances ... the benefits of the deviation would substantially outweigh any detriment.' N.J.S.A. 40:55D- 70(c)(2). An applicant bears the burden ... A-1418-22 15 needs of all New Jersey citizens[.]' N.J.S.A. 40:55D-2. As to the negative criteria, the applicant ... Code § 417-6(G) because it was contrary to N.J.S.A. 40:55D- 52. We disagree. The MLUL 'authorizes a ...

docket:	a1418-22
court:	appellate
decided:	2024-04-04
status:	Unpublished
citation:
Document Size:	45892

3203 STATE OF NEW JERSEY v. MILTON MUNROE -- rank: 822

... from their convictions, after jury trial, for second-degree robbery, N.J.S.A. 2C:15-1, and second-degree conspiracy, N.J.S.A. 2C:5-2, arising from separate instances on the same ... Release Act's (NERA) eighty-five percent parole ineligibility period, N.J.S.A. 2C:43-7.2, and merged the conspiracy conviction. For ... degree robbery: the defendants were alleged to have used force ( N.J.S.A. 2C:15-1(a)(1)); to have inflicted bodily injury ( N.J.S.A. 2C:15-1(a)(1)); or to have placed the victims in fear of immediate, bodily injury ( N.J.S.A. 2C:15-1(a)(2)). Defendants now complain for ...

docket:	a6511-06
court:	superior court appellate division
decided:	2010-10-21
status:	unpublished
citation:
Document Size:	72120

3204 STATE OF NEW JERSEY v. DAVID COOPER -- rank: 822

... 12-1542 charged defendant with unlawful possession of a handgun, N.J.S.A. 2C:39-5(b)(1). Indictment 17-02-0124 charged defendant with first-degree murder, N.J.S.A. 2C:11-3(a)(1) or 2C:11-3(a)(2); second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b)(1); and second-degree possession of a handgun for an unlawful purpose, N.J.S.A. 2C:39-4(a)(1). Indictment 17- 10-0670 charged defendant with second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1); and third-degree aggravated assault with a deadly weapon, N.J.S.A. 2C:12-1(b)(2). Defendant pleaded guilty to ...

docket:	a4692-18
court:	NJ Superior Court Appellate Division
decided:	2022-04-13
status:	Unpublished
citation:
Document Size:	61248

3205 FRANK BORROMEO , -- rank: 822

... Super. 203, 207 (Ch. Div. 1998). A recorded judgment is N.J.S.A. 2A:14-5. Within that time effective for twenty years ... Kaighn, 15 N.J. Eq. 47, 49 (Ch. Div. 1862); N.J.S.A. 2A:17-17. When land is sold after entry of ... judge concluded plaintiff had satisfied the obligation set forth in N.J.S.A. 2A:17-1 and made reasonable efforts to locate DiFlorio ... 1992). After obtaining and docketing a money judgment, pursuant to N.J.S.A. 2A:16-1, a creditor delivers a writ of execution to the See N.J.S.A. 2A:17-10. It is the responsibility of sheriff. the ... 2A:17-1, and, if and chattels in the county, N.J.S.A. A-3979-07T2 12 insufficient, to levy on the ...

docket:	a3979-07
court:	NJ Superior Court Appellate Division
decided:	2009-08-06
status:	published
citation:	409 N.J. Super. 124 976 A.2d 388
Document Size:	63321

3206 GEORGE GOLDSWORTHY v. ERIC BROWNDORF -- rank: 822

... apprised him of the New Jersey Franchise Practices Act (NJFPA), N.J.S.A. 56:10-1 to -29 and other causes of actions ... defense to any NJFPA claim asserted by Goldsworthy, pursuant to N.J.S.A. 56:10-9. 2 Therefore, Goldsworthy could not have suffered ... franchise." Because McDonald's was aware of Goldsworthy's breach, N.J.S.A. 56:10-9 clearly afforded it a defense to any ... grounds for terminating Goldsworthy's franchise within the meaning of N.J.S.A. 56:10-5. Instead, the judge determined that it was ... Serv. Oil Co. , 86 N.J. 453 462-63 (1981); N.J.S.A. 56:10-2. It prohibits a franchisor from terminating, canceling ... good cause for the threatened action sixty days in advance. N.J.S.A. 56:10-5. Good cause is "limited to [the] ...

docket:	a2204-10
court:	NJ Superior Court Appellate Division
decided:	2011-08-24
status:	unpublished
citation:
Document Size:	46234

3207 WASTE MANAGEMENT OF NEW JERSEY, INC. v. THE UNION COUNTY UTILITIES AUTHORITY -- rank: 822

... to the requirements known as the A-901 program. See N.J.S.A. 13:1E-126 to -135; N.J.A.C. 7 ... apparent change in position comports with the Administrative Procedure Act, N.J.S.A. 52:14B-4. See Cooper University Hosp. v. Jacobs , 191 ...

docket:	a5232-06
court:	njappellate
decided:	2008-04-07
status:	published
citation:	*CITE_PENDING*
Document Size:	133733

3208 DIVISION OF CHILD PROTECTION AND PERMANENCY v. P.S. -- rank: 822

... this investigation" would be expunged after three years pursuant to N.J.S.A. 9:6-8.40(a) and N.J.A.C ... files but would "not be disclosed except as permitted by N.J.S.A. 9:6-8.10a." The notification letters also included a ... child is an abused or neglected child as defined in N.J.S.A. 9:6-8.21, but evidence indicates that the child ... and prejudicial information. We are not persuaded by these arguments. N.J.S.A. 9:6-8.21(c) defines an abused or neglected child. Corporal punishment constitutes "abuse" under N.J.S.A. 9:6-8.21(c)(4)(b) if it is ... investigation to determine whether abuse or neglect, as defined in N.J.S.A. 9:6-8.21(c), has occurred. N.J. ...

docket:	a2059-13
court:	NJ Superior Court Appellate Division
decided:	2017-07-19
status:	published
citation:
Document Size:	55795

3209 STATE OF NEW JERSEY v. AMEER T. BROWN -- rank: 822

... third-degree possession of a controlled dangerous substance (CDS) (heroin), N.J.S.A. 2C:35-10(a)(1) (count one); fourth-degree possession of a defaced firearm, N.J.S.A. 2C:39-3(d) (count four); and fourth-degree maintaining a narcotics nuisance, N.J.S.A. 24:21-21(a)(6) (count eight). 1 On September ... months with eighteen months parole ineligibility (as required by statute, N.J.S.A. 2C:43-6(c)) for possession of a defaced firearm ... of third-degree possession with intent to distribute CDS (heroin), N.J.S.A. 2C:35-5(a)(1) and 2C:35-5(b ... 3) (count two); third-degree theft by receiving stolen property, N.J.S.A. 2C:20-7(a) (count three); second-degree possession ...

docket:	a1714-16
court:	NJ Superior Court Appellate Division
decided:	2019-02-14
status:	Unpublished
citation:
Document Size:	41224

3210 RELIANCE INSURANCE COMPANY VS ARMSTRONG WORLD INDUSTRIES, INC. -- rank: 822

... to the terms of the Environmental Cleanup Responsibility Act (ECRA), N.J.S.A. 13:1K-6 to -13. See footnote 1 Ibid. In ...

docket:	a703-93
court:	njappellate
decided:	1996-07-22
status:	published
citation:	292 N.J.Super. 365
Document Size:	67363