Search Rutgers Law Library N.J. Court Opinions

3211 STATE OF NEW JERSEY V. MARTIN & MICHAEL TACCETTA -- rank: 822

... Ryan, and Sodano with second-degree racketeering conspiracy (count one, N.J.S.A. 2C:41-2b, c); Accetturo, Ricciardi, and Martin Taccetta with first-degree racketeering (count two, N.J.S.A. 2C:44-3a, b. The court, after merging count one ... 80 S. Ct. 1074 , 4 L. Ed.2d 1019 (1960).      N.J.S.A. 2C:20-5 provides that a person is guilty of ... person extorts if he purposely threatens to inflict bodily harm. N.J.S.A. 2C:20-5a.     The Taccettas contend the record shows only ... 1,000 per week.     "Conspirators are treated as accomplices under N.J.S.A. 2C:2-6, and hence are guilty of the same ... court instructed the jury on accomplice liability as defined in N.J.S.A. 2C:2-6.     A defendant is legally liable for ...

docket:	a1643-93
court:	njappellate
decided:	1997-05-23
status:	published
citation:	301 N.J.Super. 227
Document Size:	85155

3212 THOMAS SACCONE v. BOARD OF TRUSTEES OF THE POLICE AND FIREMEN'S RETIREMENT SYSTEM -- rank: 822

... remand, the Board denied Saccone's request and, relying on N.J.S.A. 43:16A-12.1a, explained that a survivor benefit is ... and [Anthony]." The Board relied on the plain language of N.J.S.A. 43:16A-12.1a and stated that Saccone cannot designate ... appeal, Saccone argues that the Board (1) failed to interpret N.J.S.A. 43:16A-12.1a as part of a "harmonious plan ... and (2) violated New Jersey's public policy expressed by N.J.S.A. 3B:11-36 favoring the establishment of SNTs. I. When ... Saccone's argument that the Board failed to fairly interpret N.J.S.A. 43:16A-12.1a. By preventing him from designating the ... matters. Sisler , supra , 157 N.J. at 202. Applicable to N.J.S.A. 43:16A-12.1a, the Supreme Court has held ...

docket:	a1498-11
court:	NJ Superior Court Appellate Division
decided:	2012-10-24
status:	unpublished
citation:
Document Size:	41605

3213 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. K.P and T.K.B -- rank: 822

... of the statutory criteria for termination of parental rights under N.J.S.A. 30:4C-15.1(a)(1) to (4). In particular ... to be placed at a substantial risk of developmental harm,' N.J.S.A. 30:4C- 15.1(a)(1); Ken was 'unable or ... relationship' particularly because of Ken's failed efforts at reunification, N.J.S.A. 30:4C-15.1(a)(2); the Division made reasonable ... rights, including the adequacy of placement with Jane and Wyatt, N.J.S.A. 30:4C-15.1(a)(3); and termination of Ken ... parental rights will not cause Sara more harm than good, N.J.S.A. 30:4C-15.1(a)(4). Judge Gaus found that ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] 'The four criteria enumerated ...

docket:	a2622-19
court:	NJ Superior Court Appellate Division
decided:	2021-04-22
status:	Unpublished
citation:
Document Size:	41729

3214 State v. One 1990 Honda Accord -- rank: 822

... jury trial in an action to forfeit the property under N.J.S.A. 2C: 64-3f. The Monmouth County Prosecutor filed a civil in rem action under New Jersey's Forfeiture Act, N.J.S.A. 2C:64-1 to -9, seeking to forfeit the 1990 ... jury trial and filed a counterclaim for a declaration that N.J.S.A . 2C:64-3f, which provides for a summary, non-jury ... trial in an action to forfeit the property pursuant to N.J.S.A. 2C: 64-3f. 1. The Forfeiture Act separates property subject ... right to a jury trial in a forfeiture action under N.J.S.A. 2C:64-3f.     The Monmouth County Prosecutor brought a civil in rem action under N.J.S.A. 2C:64-1 to -9 ("Forfeiture Act"), seeking forfeiture ...

docket:	a-122-97
court:	njsupreme
decided:	1998-07-15
status:
citation:	154 N.J. 373
Document Size:	62166

3215 ISABELLA BLUMBERG v. GIRSH BLUMBERG -- rank: 822

... Girsh to pay weekly $285 for their daughter. Pursuant to N.J.S.A. 2A:34-23(a), the court established a weekly support ... to custody and parenting time, and considered each factor under N.J.S.A. 9:2-4 in light of his factual findings. In ... alimony, the judge appropriately considered the criteria set forth in N.J.S.A. 2A:34-23(b), and for equitable distribution, N.J.S.A. 2A:34-23.1. Thus we do not reweigh the ... children. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), N.J.S.A. §§ 2A:34-53 to -95, governs the determination ... be heard to all parties before making child custody determinations." N.J.S.A. 2A:34-57(a). Ibid. Under the UCCJEA, the ...

docket:	a5405-12
court:	New Jersey Superior Court Appellate Division
decided:	2015-08-24
status:	Published
citation:
Document Size:	80407

3216 BERGEN COUNTY PBA LOCAL 134 v. KATHLEEN A. DONOVAN -- rank: 822

... of the Sheriff's Department, subject to the requirements of N.J.S.A. 40A:9-117; and (2) whether the court, rather than ... the Legislature enacted the Optional County Charter Law (Charter Law), N.J.S.A. 40:41A-1 to -149, that allows counties to select ... duly appointed pursuant to this act, general law, or ordinance." N.J.S.A. 40:41A-32(a). "In each county operating under this ... include both the board of freeholders and the county executive." N.J.S.A. 40:41A-32(b). Plaintiff Bergen County Local PBA 134 ... intervene in its negotiations with the Sheriff, asserting that under N.J.S.A. 40A:9-117, the Sheriff "is the sole employer of ... with respect to County of Bergen contracts," in violation of N.J.S.A. 34:13A-5.4(b)(3) and (5) of ...

docket:	a1810-12
court:	NJ Superior Court Appellate Division
decided:	2014-05-30
status:	published
citation:	436 N.J.Super. 187 92 A.3d 1181
Document Size:	47333

3217 IN THE MATTER COMMITMENT OF M.M. -- rank: 822

... commitment pursuant to R . 4:74-7(c)(1). See N.J.S.A. 30:4-27.12a. We hold that absent a request ... she was a person in need of involuntary commitment. See N.J.S.A. 30:4-27.2m. The state argues that the judge ... s temporary commitment hearing beyond the statutory period. Pursuant to N.J.S.A. 30:4-27.12a, "[a] patient who is involuntarily committed ... limitations on the state's commitment authority. The statutory law, N.J.S.A. 30:4-27.1 to -27.23, is the result ... value of liberty with the need for safety and treatment . . . ." N.J.S.A. 30:4-27.1b. The Legislature's express goal was ... for such extraordinary restraint. See R. 4:74-7(c); N.J.S.A. 30:4-27.10f, g, h. Our cases recognize ...

docket:	a5139-04
court:	njappellate
decided:	2006-03-31
status:	published
citation:	*CITE_PENDING*
Document Size:	49032

3218 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.B. -- rank: 822

... daughter was an abused or neglected child, as defined by N.J.S.A. 9:6-8.21(c)(3), after the trial court ... out of court statements were not corroborated as required by N.J.S.A. 9:6-8.46(a)(4). He also argues that ... established by the Commissioner of Children and Families, pursuant to N.J.S.A. 9:6-8.99. Each RDTC 'shall demonstrate a multidisciplinary ... that Maria 'blamed' Kelly for the sexual abuse by families.' N.J.S.A. 9:6- 8.100. One of the services provided by ... testimony regarding alleged child abuse or neglect at judicial proceedings[.]' N.J.S.A. 9:6- 8.102. A-0470-17T1 8 defendant because ... The court conducted a fact-finding hearing as required by N.J.S.A. 9:6- 8.44 on June 28, 2017. All ...

docket:	a0470-17
court:	NJ Superior Court Appellate Division
decided:	2018-12-07
status:	Unpublished
citation:
Document Size:	44747

3219 State v. Donnell Gideon -- rank: 822

... at the shooting. The jury convicted Gideon of aggravated manslaughter, N.J.S.A. 2C:11- 4(a), as a lesser-included offense of murder; attempted murder, N.J.S.A. 2C:5-1 and N.J.S.A. 2C:11-3(a); multiple counts of aggravated assault, N.J.S.A. 2C:12- 1(b)(1); conspiracy to commit murder, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:11-3; possession of a weapon for an ...

docket:	a-31-19
court:	NJ Supreme Court
decided:	0000-00-00
status:
citation:
Document Size:	63763

3220 STATE OF NEW JERSEY v. WILLIE SEABROOKS -- rank: 822

... counts of first-degree attempted murder of Priscilla and Vanita, N.J.S.A. 2C:5-1 and N.J.S.A. 2C:11-3; three counts of second-degree aggravated assault of Priscilla, Vanita and David, N.J.S.A. 2C:12-1b(1); four counts of fourth-degree aggravated assault of Priscilla, Vanita, Vincent and David, N.J.S.A. 2C:12-1b(4); three counts of second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4a; third-degree aggravated assault of Vincent, N.J.S.A. 2C:12-1b(2); two counts of fourth-degree ...

docket:	a3622-09
court:	NJ Superior Court Appellate Division
decided:	2013-09-13
status:	unpublished
citation:
Document Size:	56085

3221 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.E.M and J.E -- rank: 822

... home without a court order, pursuant to The Dodd Act. N.J.S.A. 9:6-8.21 to -8.82. A-0100-19T2 ... established by clear and convincing evidence the four prongs under N.J.S.A. 30:4C-15.1(a). Regarding J.E.'s fitness ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] Regarding the third prong, the ... D.M.H., 161 N.J. 365, 386 (1999) (citing N.J.S.A. 30:4C- 15.1(a)(3)). Reasonable efforts include: A ... health; and (4) facilitating appropriate visitation. [Id. at 387 (citing N.J.S.A. 30:4C-15.1(c)).] In analyzing this prong, the ... he appeared in court, which happened in December 2018. See N.J.S.A. 9:6-8.43. Although J.E. did not ...

docket:	a0100-19
court:	NJ Superior Court Appellate Division
decided:	2020-10-26
status:	Unpublished
citation:
Document Size:	38203

3222 ROBERT J. PACILLI HOMES, LLC v. PILESGROVE TOWNSHIP PLANNING BOARD -- rank: 822

... and costs against the Township under the frivolous litigation statute, N.J.S.A. 2A:15-59.1. The court granted the motions. It ... to insure the completion of all improvements as described in N.J.S.A. 40:55D-53 in an amount approved by the Township ... process, nor authorized by the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 to -163, or any Pilesgrove ordinance. With ... liability. He opined that the procedural and substantive provisions of N.J.S.A. 40:55D-43 should apply, which require notice of deficiency ... a Planned Real Estate Development' thus triggering the provisions of N.J.S.A. 40:55D-43 setting forth standards for the establishment of ... costs is through the notice, entry and assessment provisions of N.J.S.A. 40:55D-43. The Township's counsel asserts that ...

docket:	a3271-06
court:	New Jersey Superior Court Appellate Division
decided:	2009-02-13
status:	Published
citation:
Document Size:	126549

3223 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. W.F. -- rank: 822

... to show cause and filed a verified complaint pursuant to N.J.S.A. 9:6-8.21 to -8.73 and N.J.S.A. 30:4C-12. The judge placed all six children under ... restraining the Father from going near the marital home. See N.J.S.A. 9:6-8.31(c), -8.55. The judge also ... frequent hearings thereafter, the court continued care and supervision under N.J.S.A. 30:4C-12. Subsequently, the judge found that Father's ... for the protection of children under 18 years of age . . . ." N.J.S.A. 9:6-8.8(a). The act thus provides that ... child' means a child less than 18 years of age," N.J.S.A. 9:6-8.21(c) and an "'[a]bused ...

docket:	a0190-12
court:	NJ Superior Court Appellate Division
decided:	2014-01-28
status:	published
citation:	434 N.J.Super. 288 83 A.3d 892
Document Size:	42715

3224 THE PRESBYTERIAN HOME AT PENNINGTON, INC v. THE BOROUGH OF PENNINGTON -- rank: 822

... appeal, we consider the interpretation of a 1993 amendment to N.J.S.A. 54:4-3.6, which declares that the real property ... was not operated for hospital purposes within the meaning of N.J.S.A. 54:4-3.6. Ibid. In her opinion, the judge ... facility did not qualify for a property tax exemption under N.J.S.A. 54:4-3.6 because it was not operated for ... Jersey is subject to an annual tax unless 'expressly' exempt. N.J.S.A. 54:4-1. The right to an exemption must be ... 2007). 54:4-3.6, the Legislature established an In N.J.S.A. exemption for the property of nonprofit corporations, including a specific ... reasonably allocable as a health care facility for the elderly. [ N.J.S.A. 54:4-3.6 (emphasis added).] The paragraph that ...

docket:	a6061-06
court:	superior court appellate division
decided:	2009-08-10
status:	Published
citation:	409 N.J. Super. 166 976 A.2d 413
Document Size:	69841

3225 Crippen v. Central Jersey Concrete Pipe Company -- rank: 822

... to the exclusive remedy provision of the Workers' Compensation Act, N.J.S.A. 34:15-8. On June 6, 1998, the decedent was ... wanton actions, thus falling within the intentional wrong exception to N.J.S.A. 34:15-8, commonly referred to as the exclusive remedy ... discussed the meaning of "intentional wrong," as referred to in N.J.S.A. 34:15-8, and it determined that "the mere knowledge ... employer's act to lose the cloak of immunity under N.J.S.A. 34:15-8, both the conduct and context prongs established ... under the exclusive remedy provision of the Workers’ Compensation Act, N.J.S.A. 34:15-8. Based on this Court’s holding in ... result, the claim falls within the intentional wrong exception to N.J.S.A. 34:15-8, commonly referred to as the “exclusive ...

docket:	a-5-02
court:	njsupreme
decided:	2003-05-22
status:
citation:	176 N.J. 397
Document Size:	73174