Search Rutgers Law Library N.J. Court Opinions

32911 ROTHMAN REALTY CORP v. CITY OF ENGLEWOOD, a municipal corporation of the State of New Jersey, PLANNING BOARD OF THE CITY OF ENGLEWOOD and HOWDAVAR ASSOCIATES LLC - -- rank: 633

... Board lacked authority to interpret the zoning ordinance. Pursuant to N.J.S.A. 40:55D-70, zoning boards of adjustment have the authority ... of the zoning map or ordinance." This authority is exclusive. N.J.S.A. 40:55D-20. Planning boards have an inherent authority, however ... for planning boards to exercise their enumerated powers contained in N.J.S.A. 40:55D-25a. See Cox & Koenig, N.J. Zoning & Land ...

docket:	a1927-12
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	19824

32912 ORIENT WAY CORP. v. TOWNSHIP OF LYNDHURST -- rank: 633

... the contamination pursuant to the Industrial Site Recovery Act ("ISRA"), N.J.S.A. 13:1K-6 to -14. BMI decided to sell the ...

docket:	a0008-13
court:	NJ Superior Court Appellate Division
decided:	2014-10-22
status:	unpublished
citation:	28 N.J.Tax 272
Document Size:	23762

32913 ROBERT J. TRIFFIN v. ADELE JOHNSTON, et al. -- rank: 633

... as an assignee of a holder in due course under N.J.S.A. 12A:3-203. See generally Triffin v. Cigna Ins. Co ... its holding did not establish new principles of law. See N.J.S.A. 12A:3-203b cmt. 2 (setting forth the requirement that ...

docket:	a4081-01
court:	njappellate
decided:	2003-03-21
status:	published
citation:	359 N.J. Super. 543
Document Size:	22472

32914 STATE OF NEW JERSEY v. ARISTEDES NOLASCO -- rank: 633

... with first-degree possession of cocaine with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(1) (count one); third-degree possession of cocaine, N.J.S.A. 2C:35-10(a)(1) (count two); and second-degree eluding, N.J.S.A. 2C:29-2(b) (count three). Following an in absentia ...

docket:	a0186-10
court:	NJ Superior Court Appellate Division
decided:	2012-08-16
status:	unpublished
citation:
Document Size:	19911

32915 STATE OF NEW JERSEY v. DORA WILLIAMS -- rank: 633

... for enrollment in the Pretrial Intervention Program (PTI), pursuant to N.J.S.A. 2C:43-12 to -14 and Rule 3:28. We ... two counts: third-degree uttering counterfeit bills, in violation of N.J.S.A. 2C:21-1(a)(2) and (3); and third-degree theft by deception, in violation of N.J.S.A. 2C:20-4. Defendant applied for enrollment in the PTI ... to admission, the prosecutor must consider seventeen factors listed in N.J.S.A. 2C:43-12(e) and certain additional factors listed in ... they demonstrated anti-social conduct over a period of time. N.J.S.A. 2C:43-12(e)(8); Rule 3:28, Guideline 3 ... showed organization, planning, and continuity in the criminal activity. See N.J.S.A. 2C:43-12(e)(1), (2), (13), (15); Rule ...

docket:	a2076-12
court:	NJ Superior Court Appellate Division
decided:	2014-04-04
status:	unpublished
citation:
Document Size:	17103

32916 DEPARTMENT OF COMMUNITY AFFAIRS, BUREAU OF HOUSING INSPECTION - v. AARON K. ABOAGYE, 6 WASHINGTON STREET, MONTCLAIR - -- rank: 633

... evidence that Aboagye violated the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A -1 to -28, and upheld the $10,000 ... provided with "decent, standard and safe units of dwelling space." N.J.S.A. 55:13A-2. To achieve this end, the Commissioner of ... the health, safety and welfare of occupants of multiple dwellings. N.J.S.A. 55:13A-7. N.J.S.A. 55:13A-7(w) expressly requires the Commissioner to promulgate ... and the mandate of the Lead Hazard Control Assistance Act, N.J.S.A. 52:27D-437.1 to -437.15, the Commissioner has ...

docket:	a5376-09
court:	NJ Superior Court Appellate Division
decided:	2012-05-25
status:	unpublished
citation:
Document Size:	21473

32917 STATE OF NEW JERSEY v. LORETTA MINGIN -- rank: 633

... guilty to one count of third-degree theft by deception, N.J.S.A. 2C:20-4a, and was sentenced to five years of ... count indictment charging one count of third-degree wrongful impersonation, N.J.S.A. 2C:20-4a, one count of fourth-degree unlawful theft or receipt of a credit card, N.J.S.A. 2c:21-6c(1), ten counts of third-degree fraudulent use of a credit card, N.J.S.A. 2C:21-6h, eight counts of fourth-degree forgery, 139 ...

docket:	a5793-04
court:	njappellate
decided:	2007-01-09
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	31118

32918 E.S.W. VS. D.A.P. -- rank: 633

... issued pursuant to the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35, against defendant D.A.P ... a TRO against defendant based upon allegations of terroristic threats, N.J.S.A. 2C:12-3. After the judge assigned to the domestic ... the 4 A-2531-22 predicate acts set forth in N.J.S.A. 2C:25-19(a) has occurred.' Id. at 125. Next ... necessary, upon an evaluation of the factors set forth in N.J.S.A. 2C:25-29(a)(1) to - 29(a)(6), to ... danger or to prevent further abuse.' Id. at 127 (citing N.J.S.A. 2C:25- 29(b)); see also J.D., 207 N ... is a presumption of custody to the non-abusive parent, N.J.S.A. 2C:25-29(b)(11), custody to the non- ...

docket:	a2531-22
court:	appellate
decided:	2024-07-24
status:	Unpublished
citation:
Document Size:	13554

32919 STATE OF NEW JERSEY v. STEVEN GREGORY -- rank: 633

... charging him with one count of first-degree aggravated manslaughter, N.J.S.A. 2C:11-4a. In exchange for the guilty plea, as ... the State agreed to dismiss charges of first-degree murder, N.J.S.A. 2C:11-3a(1), first-degree attempted murder, N.J.S.A. 2C:5-1, N.J.S.A. 2C:11-3, third-degree aggravated assault, N.J.S.A. 2C:12-1b(2), and third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4d, and recommend a sentence of no ...

docket:	a5812-09
court:	NJ Superior Court Appellate Division
decided:	2010-01-15
status:	unpublished
citation:
Document Size:	15482

32920 STATE OF NEW JERSEY v. CRAIG MALTESE -- rank: 633

... argued restitution should be terminated to avoid double recovery, citing N.J.S.A. 2C:43-3h, which states that "[t]he restitution ordered ... of the exceptions apply in this case. We recognize that N.J.S.A. 2C:43-3h bars payment of restitution in excess of ... a court on motion may modify a requirement of probation. N.J.S.A. 2C:45-2. However, the Criminal Code mandates that a ... a defendant, as a condition of probation, to pay restitution. N.J.S.A. 2C:45-1c. Reading the two provisions together, we are not prepared to construe N.J.S.A. 2C:45-2 to grant a court the discretion to relieve a defendant of an obligation that N.J.S.A. 2C:45-1c mandates he perform. In any event, ...

docket:	a0651-12
court:	NJ Superior Court Appellate Division
decided:	2013-08-06
status:	unpublished
citation:
Document Size:	14522

32921 STATE OF NEW JERSEY v. THOMAS NIMBLEY -- rank: 633

... 4, 2019 de novo conviction for driving while intoxicated (DWI), N.J.S.A. 39:4-50. Defendant argues the State produced insufficient observation ...

docket:	a2333-18
court:	NJ Superior Court Appellate Division
decided:	2019-11-26
status:	Unpublished
citation:
Document Size:	17992

32922 Estate of Josephine Pelligra, Gerald G. Schweighart, Sr., Executor v. Director, Division of Taxation, <br -- rank: 633

... the question of whether the ninety-day period allowed by N.J.S.A. 54:49-18 a for the filing of an administrative ... includable in the estate for transfer inheritance tax purposes. See N.J.S.A. 54:34-1 c. The estate contends that the transfer ... The statute generally governing administrative protests of additional tax assessments, N.J.S.A. 54:49-18 a, provides, in pertinent part: If any ... the date of the action sought to be reviewed.ā€¯ N.J.S.A. 54:51A-14 a. The notice of assessment issued by ... assessment or finding within the 90 day period provided by N.J.S.A . 54:49-18, a written protest must be submitted to ... received in the Division on March 8, 2004 (Monday). Under N.J.S.A. 54:49-3.1, however, the protest is considered ...

docket:	04954-04
court:
decided:	2008-02-20
status:
citation:
Document Size:	18609

32923 IN THE MATTER OF GLORIA T. GRANT -- rank: 633

... occurred without the requisite thirty-day notice in violation of N.J.S.A. 11A:4-16. We begin by stating some well-settled ... As a result of this mandate, the Civil Service Act, N.J.S.A. 11A:1-1 to 12-6, delegates broad power over ... all aspects of the career service to the Commission. See N.J.S.A. 11A:2-6, N.J.S.A. 11A:2-11. The Legislature has declared that the selection ... of state employees should be dependent on considerations of merit, N.J.S.A. 11A:1-2c, and determined on the basis of relative knowledge, skill and ability. N.J.S.A. 11A:1-2a. In order to satisfy the constitutional ...

docket:	a1446-10
court:	NJ Superior Court Appellate Division
decided:	2012-09-26
status:	unpublished
citation:
Document Size:	18279

32924 STATE OF NEW JERSEY v. EDWARD MARSHALL -- rank: 633

... of his special sentence to community supervision for life (CSL), N.J.S.A. 2C:43-6.4(d). He was sentenced to time ... guilty to third-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a), for a crime he committed in ... s Law requirements, and a special sentence of CSL under N.J.S.A. 2C:43-6.4 (prior to amendment). At the time ... 1994, c. 130. Effective July 1, 2014, the Legislature amended N.J.S.A. 2C:43-6.4(a) and (d) (the 2014 amendment ... Fourth-degree violation of the conditions of CSL, contrary to N.J.S.A. 2C:43-6.4(d), for allegedly failing to reside ... third-degree violation of the conditions of CSL, contrary to N.J.S.A. 2C:43-6.4(d), for allegedly failing to ...

docket:	a1128-15
court:	NJ Superior Court Appellate Division
decided:	2017-03-23
status:	unpublished
citation:
Document Size:	13485

32925 STATE OF NEW JERSEY v. DIRK CANCELOSI -- rank: 633

... of driving while under the influence of intoxicating liquor (DUI), N.J.S.A. 39:4-50. Defendant contends the State failed to prove ... 2011). Although mayors or governing bodies appoint municipal court judges, N.J.S.A. 2B:12-4(b), the municipal courts are part of ...

docket:	a1069-15
court:	NJ Superior Court Appellate Division
decided:	2016-03-21
status:	unpublished
citation:
Document Size:	23561