Search Rutgers Law Library N.J. Court Opinions

33331 MD SASS MUNICIPAL FINANCE PARTNERS v. CESAR MELENDEZ -- rank: 629

... appellant was not entitled to the surplus funds pursuant to N.J.S.A. 2A:50-37. Specifically, appellant claims the judge erred 4 ... no windfall to him if he received the surplus funds. N.J.S.A. 2A:50-37 states: The moneys arising from a [sheriff ... For these reasons, we conclude the motion judge correctly interpreted N.J.S.A. 2A:50-37. Because we affirm the judge's holding ... a windfall. As we noted, appellant misapprehends the purpose of N.J.S.A. 2A:50-37. Because the surplus funds stand in lieu ...

docket:	a2385-16
court:	NJ Superior Court Appellate Division
decided:	2018-02-15
status:	unpublished
citation:
Document Size:	21669

33332 STATE OF NEW JERSEY VS. T.B. -- rank: 629

... of fourth-degree contempt of an Order of Protection (OP), N.J.S.A. 2C:29- 9(b)(1). We affirm, substantially for the ... this incident, T.B. was charged with contempt and harassment, N.J.S.A. 2C:33-4(a). He was tried on these charges ... The purpose of the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35 is to 'assure the victims ... N.J. Super. 492, 504 (App. Div. 2007)); see also N.J.S.A. 2C:25-18. Consequently, '[o]ur law is particularly solicitous ... constitutes a predicate act of domestic violence under the PDVA. N.J.S.A. 2C:25-19(a)(17). Moreover, 'a person is guilty ... under the laws of another state or the United States.' N.J.S.A. 2C:29-9(b)(2). Guided by these standards, ...

docket:	a3199-22
court:	appellate
decided:	2024-05-17
status:	Unpublished
citation:
Document Size:	12253

33333 TAMMY McGARRIGAN v. STEPHEN McGARRIGAN -- rank: 629

... trial court failed to consider the factors set forth in N.J.S.A. 2A:34-23(a) (listing the factors to be considered ... age of eighteen, the child is presumed to be emancipated, N.J.S.A. 9:17B-3, but the presumption is not conclusive.  Newburgh ... unemancipated child is guided by the factors set forth in N.J.S.A. 2A:34-23(a), which requires consideration of: (1) Needs ...

docket:	a1930-14
court:	NJ Superior Court Appellate Division
decided:	2017-01-03
status:	unpublished
citation:
Document Size:	20025

33334 ROBERT F. SHINE, JR. v. CHERYL A. SHINE -- rank: 629

... because it was not acquired during the marriage, pursuant to N.J.S.A. 2A:34-23. Defendant countered that the home was subject ... MARRIAGE IS SUBJECT TO EQUITABLE DISTRIBUTION IS IN CONTRAVENTION OF N.J.S.A. 2A:34-23. POINT II . THE RECORD DOES NOT SUPPORT ... to make the requisite inquiry and specific findings, pursuant to N.J.S.A. 2A:34-23.1, when determining equitable distribution of the ... the court must apply the statutory factors set forth in N.J.S.A. 2A:34-23.1. Ibid. No one statutory factor is ... court may consider "any other factor" which it deems relevant. N.J.S.A. 2A:34-23.1p. The end result need only reflect ... trial judge . . . appl[ied] all the factors set forth in N.J.S.A. 2A:34-23.1[,] and distribute[d] the marital ...

docket:	a3600-05
court:	njappellate
decided:	2007-01-29
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	37785

33335 STATE OF NEW JERSEY v. RONALD DEON LEGETTE -- rank: 629

... A jury found defendant guilty of burglary, in violation of N.J.S.A. 2C:18-2. Defendant filed a motion for a judgment ... the lesser included offense of criminal trespass, in violation of N.J.S.A. 2C:18-3, because the jury found every element of ... found defendant guilty of burglary. I Burglary is proscribed by N.J.S.A. 2C:20-8, and/or unlawful possession of a controlled dangerous substance, in violation of N.J.S.A. 2C:36-2. In granting defendant's motion for an ... services. The offense of theft of services is proscribed by N.J.S.A. 2C:20-8, which provides in pertinent part: A person ... services is only relevant to the grading of the offense. N.J.S.A. 2C:20-2. Therefore, even if defendant only used ...

docket:	a5386-04
court:	njappellate
decided:	2006-12-01
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	29007

33336 M.J. v. R.S -- rank: 629

... Social Security.' According to New Jersey's alimony maintenance statute, N.J.S.A 2A:34-23, the '[f]ull retirement age,' for purposes ...

docket:	a1076-21
court:	NJ Superior Court Appellate Division
decided:	2022-11-23
status:	Unpublished
citation:
Document Size:	16878

33337 STATE OF NEW JERSEY v. BRIAN HOFFMAN -- rank: 629

... trial, defendant was found guilty of: first-degree attempted murder, N.J.S.A. 2C:5-1 and N.J.S.A. 2C:11-3(a)(1) and (2) (count one); second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1) (count two); third-degree threat to kill, N.J.S.A. 2C:12-3(b) (count three); fourth-degree unlawful possession of a weapon (a knife), N.J.S.A. 2C:39-5(d) (count four); third-degree possession of the same knife for an unlawful purpose, N.J.S.A. 2C:39-4(d) (count five); and fourth-degree ...

docket:	a1830-11
court:	NJ Superior Court Appellate Division
decided:	2013-10-29
status:	unpublished
citation:
Document Size:	22104

33338 STRATEGIC MUNICIPAL INVESTMENTS L.L.C. v. WALTER G. DZIEDZIC -- rank: 629

... net proceeds he would realize to constitute adequate consideration under N.J.S.A. 54:5-89.1. Plaintiff responded that the motion should ... his financial condition as a condition precedent to intervention under N.J.S.A. 54:5-54 ("Except as hereinafter provided, the owner, his ... a property interest and thus cannot move for intervention under N.J.S.A. 54:5-54, which enumerates those entitled to redeem tax ... 374 N.J. Super. 147 , 153-54 (App. Div. 2005), N.J.S.A. 54:5-54 controls prior to the filing of a ... the statutes governing actions to foreclose tax certificates, such as N.J.S.A. 54:5-98 and N.J.S.A. 5:5-89.1, provide separate rules for redemption ...

docket:	a2490-06
court:	NJ Superior Court Appellate Division
decided:	2008-04-04
status:	published
citation:
Document Size:	38411

33339 STATE OF NEW JERSEY v. HAMID ABDUL-SHABAZZ -- rank: 629

... defendant, Hamid Abdul-Shabazz, guilty of first degree armed robbery, N.J.S.A. 2C:15-1 (Count 1); third degree aggravated assault (as a lesser included offense of attempted murder), N.J.S.A. 2C:39-4 (Count 4). The jury found defendant not guilty of unlawful possession of a weapon, N.J.S.A. 2C:39-7. The jury found defendant guilty. The judge ...

docket:	A0305-06
court:	NJ Superior Court Appellate Division
decided:	2008-02-29
status:	unpublished
citation:
Document Size:	44119

33340 ESTATE OF JANIE REED v. ROOSEVELT CARE CENTER, L.L.C., ET AL. -- rank: 629

... failure to file a timely notice of claim pursuant to N.J.S.A. 59:8-8 of the New Jersey Tort Claims Act ... TCA within ninety days of the accrual of the action. N.J.S.A. 59:8-3, 8-8. N.J.S.A. 58:8-9 permits extension of the filing time for ... that the Legislature intended the one-year ban provided under N.J.S.A. 59:8-9 to be tolled. Accordingly, plaintiff should be ... extraordinary circumstances" in which the one year period embodied in N.J.S.A. 59:8-9 may be enlarged, and we remand the ... under the two year statute of limitations referred to in N.J.S.A. 59:8-8 and 59:8-9, notwithstanding the ...

docket:	a5715-05
court:	njappellate
decided:	2007-07-23
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	45367

33341 TRACEY JACKSON v. DANIEL CONTENTO -- rank: 629

... to meet the injury threshold of the Tort Claims Act, N.J.S.A. 59:1-1 to 12-3. More specifically, the judge ... limitations do not meet the threshold required for recovery under N.J.S.A. 59:9-2(d). Affirmed. This archive is a service ...

docket:	a5699-08
court:	superior court appellate division
decided:	2010-10-06
status:	unpublished
citation:
Document Size:	21371

33342 WEST ESSEX SAVINGS & LOAN ASSOCIATION v. MONTVILLE TOWNSHIP -- rank: 629

... prosecution. * Based upon such dismissal, defendant now moves, pursuant to N.J.S.A. 54:51A-1c(2), to dismiss plaintiff’s appeal to ... ” the procedure specifically contemplated by the last sentence of N.J.S.A. 54:51A-1c. 3 On May 11 , 1994, plaintiff’s ... reversed the Tax Court’s dismissal of an appeal under N.J.S.A. 54:51A-1c(2) where the attorney for the taxpayer ... N.J.A.C. 18:12A-1.9(e) and N.J.S.A. 54:51A-1c(2), a dismissal by a county board ... denied a motion to dismiss the Tax Court appeal under N.J.S.A. 54:51A-1c(2). In so doing, the court noted ... Tax 722 (App. Div. 1996) (where the court stated that N.J.S.A. 54:3-22 “envisions the presentation by the ...

docket:	07785-94
court:
decided:	1996-11-27
status:
citation:	16 N.J. Tax 152
Document Size:	25677

33343 STATE OF NEW JERSEY v. DEBORAH KUNA -- rank: 629

... defendant and her codefendants, charging them with second-degree conspiracy, N.J.S.A. 2C:5-2 (count one); first-degree robbery, N.J.S.A. 2C:15-1, N.J.S.A. 2C:2-6 (count two); second-degree burglary, N.J.S.A. 2C:18-2, N.J.S.A. 2C:2-6 (count three); second-degree aggravated assault, N.J.S.A. 2C:2-6 (count four); and third-degree theft, ...

docket:	a0228-06
court:	NJ Superior Court Appellate Division
decided:	2009-02-17
status:	unpublished
citation:
Document Size:	31782

33344 ROBERT J TRIFFIN v. UNITED STATES FIRE INSURANCE CO -- rank: 629

... delivery of the check to him by a holder. See N.J.S.A. 12A:3-301 – 12A:3-203(b), and 12A ... received by the endorser or applied consistent with the endorsement. N.J.S.A. 12A:3-206(c). Accordingly, by taking the check for ... because Pennsauken is a converter of the check, pursuant to [ N.J.S.A. ] 3-206(c), it cannot be a holder of the ... no other means for him to enforce the check. See N.J.S.A. 12A:3-301. This appeal ensued. II Plaintiff presents the ... the [negotiable] instrument . . . [with] the rights of a holder." See N.J.S.A. 12A:3-301. There is no evidence plaintiff was either ...

docket:	a0607-15
court:	NJ Superior Court Appellate Division
decided:	2017-06-12
status:	unpublished
citation:
Document Size:	26621

33345 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.S. -- rank: 629

... s safety and created a substantial risk of harm. See N.J.S.A. 9:6-8.21(c)(4); G.S. v. N ...

docket:	a4944-12
court:	NJ Superior Court Appellate Division
decided:	2014-11-03
status:	unpublished
citation:
Document Size:	19651