Search Rutgers Law Library N.J. Court Opinions

32086 STATE OF NEW JERSEY v. ANTHONY SAXON -- rank: 638

... with intent to distribute within 1000 feet of school property, N.J.S.A. 2C:35-14 as a drug or alcohol dependent person ... Sentence Defendant to a Long Term Rehabilitation Facility Pursuant to N.J.S.A. 2C:35-14." The motion was returnable on June 20 ... defense counsel advised the sentencing judge, "I had filed a [ N.J.S.A. 2C:]35-14 motion back on June 13[, 2008]. That ... a licensed rehab facility, [so it] would not comply with [ N.J.S.A. 2C:]35-14." Defense counsel then responded, "So I'm ... satisfy the eligibility requirements for special probation set forth in N.J.S.A. 2C:35-14, or "otherwise be eligible under other sections ... first, second or third degree, other than crimes defined in [ N.J.S.A. ] 2C:35-10." N.J.S.A. 2C:35- ...

docket:	a1964-08
court:	NJ Superior Court Appellate Division
decided:	2010-03-23
status:
citation:
Document Size:	33409

32087 /usr/local/share/www/libweb/collections/courts/appellate/a4356-17.opn.html -- rank: 638

... matter or consented to such a disclosure made by anyone.' N.J.S.A. 2A:84A-29; see also Restatement (Third) of the Law ... a waiver if such presence was not reasonably anticipated. See N.J.S.A. 2A:84A-20(1)(c)(ii); Stengart v. Loving Care ... have employed a lawyer to act for them in common.' N.J.S.A. 2A:84A-20(2). In this circumstance, if former joint ... privilege as between the joint-clients in subsequent adverse proceedings. N.J.S.A. 2A:84A-20(2). Privilege will apply, however, to compelled ... being perpetrated such that the privilege would not hold. See N.J.S.A. 2A:84A-20(2) ('privilege shall not extend [] to a ... are to be sealed when they include privileged communications. See N.J.S.A. 2A:84A-20(1). Accordingly, not only do we ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	19848

32088 A.N v. S.F -- rank: 638

... with the Prevention of Domestic Violence Act of 1991 (PDVA), N.J.S.A. 2C:25-17 to -35. We remand for further proceedings ... the defendant committed one of the predicate acts referenced in N.J.S.A. 2C:25-19(a), which incorporates harassment, N.J.S.A. 2C:33-4, as conduct constituting domestic violence. Silver v ... the relationship and to give context to otherwise ambiguous behavior. N.J.S.A. 2C:25-29(a)(1); J.D. , supra , 207 N ... an evaluation of the fact[or]s set forth in N.J.S.A. 2C:25-29a(1) to -29a(6), to protect the ... supra , 387 N.J. Super. at 125-26; see also N.J.S.A. 2C:33-4. The trial judge also did not ...

docket:	a1939-14
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	18304

32089 CHERYL WHITE v. JOSEPH WHITE -- rank: 638

... the overall long-range goals of the child. In addition, N.J.S.A. 2A:34-23(a) requires that the court consider the ... may deem relevant. Courts "should balance the statutory criteria of N.J.S.A. 2A:34-23(a) and the Newburgh factors, as well ... and order. Affirmed. 1 Plaintiff has also failed to address N.J.S.A. 2A:17-56.23A, which prohibits retroactive modification of child ...

docket:	a0336-13
court:	NJ Superior Court Appellate Division
decided:	2015-02-11
status:	unpublished
citation:
Document Size:	23027

32090 MADISON MONE v. KIM GRAZIADEI -- rank: 638

... not cite the applicable statute, but it is not disputed N.J.S.A. 2A:62A-6 applies to this matter and defendants' conduct ... subject to the conditions and exceptions in such statute. See N.J.S.A. 2A:62A-6(c). The trial court did not make ...

docket:	a4578-15
court:	NJ Superior Court Appellate Division
decided:	2017-10-30
status:	unpublished
citation:
Document Size:	32837

32091 REBECCA METTA v. RON D. BERKOWITZ et al. -- rank: 638

... revealed bulging discs did not satisfy the objective standard of N.J.S.A. 39:6A-8a. See James v. Torres , 354 N.J ...

docket:	A2405-05
court:	NJ Superior Court Appellate Division
decided:	2006-08-07
status:	unpublished
citation:
Document Size:	52604

32092 STEPHEN D. SAWRUK v. TOWNSHIP OF LACEY -- rank: 638

... filed pursuant to the New Jersey Tort Claims Act (TCA), N.J.S.A. 59:1-1 to 12-3, plaintiff alleged that defendant ... to have taken measures to protect against the dangerous condition. [ N.J.S.A. 59:4-2.] In addition to these elements, plaintiff must ... or the failure to take such action was . . . palpably unreasonable." N.J.S.A. 59:4-2. See also Wymbs v. Twp. of Wayne ... which it is reasonably foreseeable that it will be used." N.J.S.A. 59:4-1. Furthermore, the phrase "'used with due care ...

docket:	a0636-11
court:	New Jersey Superior Court Appellate Division
decided:	2012-05-15
status:	unpublished
citation:
Document Size:	19579

32093 JPMORGAN CHASE BANK N.A v. CSABA GASPAR -- rank: 638

... or misrepresentation in violation of the Consumer Fraud Act ("CFA"), N.J.S.A. 56:8-1 to -195; and (3) the bank acted ... accordance with the New Jersey Condominium Act (the "Condominium Act"), N.J.S.A. 46:8B-1 to -38, and therefore was not legally ...

docket:	a4652-12
court:	New Jersey Superior Court Appellate Division
decided:	2014-12-12
status:	Published
citation:
Document Size:	27234

32094 THE BANK OF NEW YORK MELLON v. ANDREW J. MICALI, JR -- rank: 638

... to reasonable set-offs and defenses available against the assignor. N.J.S.A. 46:9-9. An assignment must demonstrate an A-0040 ...

docket:	a0040-18
court:	NJ Superior Court Appellate Division
decided:	2019-10-23
status:	Unpublished
citation:
Document Size:	15341

32095 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. L.B.S. -- rank: 638

... rights after a guardianship trial adjudicating the four criteria of N.J.S.A. 30:4C-15.1(a). For the reasons that follow ... findings as to prongs one and two of the statute, N.J.S.A. 30:4C-15.1(a)(1) and (2), with respect ... remand for further proceedings as to prongs three and four, N.J.S.A. 30:4C-15.1(a)(3) and (4). We do ... had been established by clear and convincing evidence, pursuant to N.J.S.A. 30:4C-15.1(a). The judge agreed with the ... kinship legal guardianship ("KLG") arrangement with one or both parents. N.J.S.A. 38:12A-1 to -7. However, there is no post ... terminations of her parental rights concerning her older children. See N.J.S.A. 30:4C-15.1(d). In any event, the ...

docket:	a4845-14
court:	NJ Superior Court Appellate Division
decided:	2016-10-19
status:	unpublished
citation:
Document Size:	22232

32096 JOSHUA L. KIRSTEIN v. DONG W. KIM et al. -- rank: 638

... whether his injuries meet the limitation on lawsuit threshold in N.J.S.A. 39:6A-1.1 to -35. We affirm. We briefly ...

docket:	a6462-04
court:	njappellate
decided:	2006-02-10
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	36822

32097 STATE OF NEW JERSEY v. LINCOLN JOHNSON -- rank: 638

... Lincoln Johnson was found guilty of first-degree aggravated manslaughter, N.J.S.A. 2C:11-4(a); 1 second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a); two counts of third-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b); and second-degree certain persons not to have a weapon, N.J.S.A. 2C:39-7. The victim was an innocent bystander. The jury acquitted the defendant of first-degree attempted murder, N.J.S.A. 2C:5-1; N.J.S.A. 2C:11-3. Defendant thereafter entered a guilty plea ...

docket:	a2183-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-14
status:	unpublished
citation:
Document Size:	14757

32098 STATE OF NEW JERSEY v. STEPHEN BURKE, -- rank: 638

... J.A.D.     In this appeal, we examine application of N.J.S.A. 2C:18-3c. Accordingly, we reverse and remand for entry ... Number 00-09-1561 with fourth-degree trespass, contrary to N.J.S.A. 2C:18-3c by, on or about June 10, 2000 ... contending the alleged conduct did not constitute a violation of N.J.S.A. 2C:18-3c. The motion was opposed by the State ... with the applicable VCCB assessment.     On appeal, defendant argues that N.J.S.A. 2C:18-3c, the State must prove beyond a reasonable ... at 425.     Applying these principles of construction, we conclude that N.J.S.A. 2C:18-3c requires that the prohibited "peering into" be ... and our review of the predecessor "peeping Tom" statutory provision, N.J.S.A. 2A:17-31.1, adopted by L. 1956, c. ...

docket:	a4345-01
court:	njappellate
decided:	2003-07-08
status:	published
citation:	362 N.J. Super. 55
Document Size:	15233

32099 STATE OF NEW JERSEY v. ARMOND HOLLOWAY -- rank: 638

... of a controlled dangerous substance (CDS) with intent to distribute, N.J.S.A. 2C:35-5a(1) and 2C:35-5b(1) (count ... first-degree possession of a CDS with intent to distribute, N.J.S.A. 2C:35-5a(1) and -5b(1) (count four); and second-degree certain persons not to have weapons, N.J.S.A. 2C:39-7b (count fifteen). Defendant pled guilty to counts ... indictments was gap credit, not jail credit. The court cited N.J.S.A. 2C:44-5b(2) which provides that in such situations ... to life on count four of the second indictment, see N.J.S.A. 2C:43-6f and 43-7c, with a parole disqualifier ...

docket:	a2549-10
court:	New Jersey Superior Court Appellate Division
decided:	2013-06-21
status:	Published
citation:
Document Size:	22803

32100 GREGORY GRISHAYEV, MICHAEL\tTOLMACH AND EONSMOKE, LLC, V DIRECTOR, DIVISION OF TAXATION\r\n -- rank: 638

... Tax Act not only taxes sales but use as well. N.J.S.A. 54:40B-3.2. -7- ā€œā€˜Useā€™ means the ... a tobacco product, including a sale at retail.ā€ 4 N.J.S.A. 54:40B-2. Depending on perspective, one can narrowly or ... possession for sale or useā€ and ā€œuseā€). See also N.J.S.A. 54:40A-2 (defining cigarette ā€œuseā€). In particular, the ... 4 The rate of taxation is ten cents per milliliter. N.J.S.A. 54:40B-3.2. 5 On the other hand, ā ... gift, in any manner or by any means whatsoever.ā€ N.J.S.A. 54:40B-2. However, only in-state sales or distribution are taxed. N.J.S.A. 54:40B-3.2(a). The question is whether ...

docket:	06926-22
court:	tax
decided:	2024-06-27
status:	Unpublished
citation:
Document Size:	18967