Search Rutgers Law Library N.J. Court Opinions

3346 STATE OF NEW JERSEY v. ANTHONY ROSS -- rank: 821

... Ross appeals his convictions for third-degree possession of heroin, N.J.S.A. 2C:35-10(a)(1), and third-degree possession of heroin with intent to distribute, N.J.S.A. 2C:35-5(b)(3), and the sentence imposed on ... drug-related offenses and endangering the welfare of a child, N.J.S.A. 2C:24-4(a), as the result of a police ... of third-degree distribution of a controlled dangerous substance, heroin, N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(3) (count one), but convicted of third-degree possession of a controlled dangerous substance, heroin, N.J.S.A. 2C:35-10(a)(1) (count four), and third- ...

docket:	a4443-16
court:	NJ Superior Court Appellate Division
decided:	2019-03-14
status:	Unpublished
citation:
Document Size:	60319

3347 BARBARA GONZALEZ V. STATE OF NEW JERSEY APPORTIONMENT COMMISSION -- rank: 821

... being exempt from the Open Public Meetings Act pursuant to N.J.S.A. 10:4-7, also held several private meetings at the ...

docket:	a0747-11
court:	New Jersey Superior Court Appellate Division
decided:	2012-09-10
status:	published
citation:
Document Size:	154647

3348 IN THE MATTER OF THE ISSUANCE OF ACCESS CONFORMING LOT PERMIT NO. A-17-N-N040-2007 -- rank: 821

... permit under the State Highway Access Management Act (Access Act), N.J.S.A. 27:7-89 to -98, to consider data and arguments ... the permit. We conclude that the Administrative Procedure Act (APA), N.J.S.A. 52:14B-1 to -15, confers a right upon any ... to qualify as an "interested person" within the intent of N.J.S.A. 52:14B-3.1(a) to submit relevant "data, views ... a party's interest. The first right is provided by N.J.S.A. 52:14B-9(a), N.J.S.A. 52:14B-2(b), and N.J.S.A. 52:14B-3.1(b), under which a party ...

docket:	a0605-09
court:	superior court appellate division
decided:	2010-12-09
status:	published
citation:	417 N.J. Super. 115 8 A.3d 820
Document Size:	50490

3349 STATE OF NEW JERSEY v. CHRISTOPHER SALIMONE -- rank: 821

... Christopher Salimone was convicted of second-degree criminal sexual contact, N.J.S.A. 2C:14-3b, as a lesser-included offense of aggravated sexual assault, N.J.S.A. 2C:14-2a(7) (count one); and second-degree sexual assault, N.J.S.A. 2C:14-2c(1) (count two). The trial judge sentenced ... parole ineligibility provisions of the No Early Release Act ("NERA"), N.J.S.A. 2C:43-7.2, on count two. Appropriate fines and ... s argument overlooks the definition of the term "victim" in N.J.S.A. 2C:14-1b as "a person alleging to have been ...

docket:	a2590-10
court:	NJ Superior Court Appellate Division
decided:	2013-10-18
status:	unpublished
citation:
Document Size:	71765

3350 STATE OF NEW JERSEY v. STEVEN RIZZITELLO -- rank: 821

... conviction for driving while intoxicated (DWI), 1 in violation of N.J.S.A. 2C:40-26(b). The State appeals from the order ... against admission into PTI that applies to those charged under N.J.S.A. 2C:40-26(b). Consequently, the prosecutor argues the trial ... the OCPO's characterization of the fourth degree offense under N.J.S.A. 2C:40-26(b) as falling within the "crimes that ... v. Watkins , 193 N.J. 507 , 523 (2008)). See also N.J.S.A. 2C:43-12(b); Pressler & Verniero, Current N.J. Court ... Township Police Officer Steven Gerling issued defendant a summons under N.J.S.A. 39:3-40 for driving while his driver's license ... formally arrested and charged with a fourth degree crime under N.J.S.A. 2C:40-26(b). He was subsequently released from ...

docket:	a0536-15
court:	NJ Superior Court Appellate Division
decided:	2016-09-20
status:	published
citation:	447 N.J.Super. 301 147 A.3d 480
Document Size:	41398

3351 NORTHGATE CONDOMINIUM ASSOCIATION, INC v. BOROUGH OF HILLSDALE PLANNING BOARD -- rank: 821

... preliminary site plan approval and conditional lot approval, pursuant to N.J.S.A. 40:55D-67, for the development of thirty-seven single ... II. We first address the issue of notice. Relying on N.J.S.A. 40:55D-11, plaintiff alleges that the public notices provided ... plaintiff waived its right to appeal the notice requirement in N.J.S.A. 40:55D-11. Plaintiff appeared and was represented before the ... Ernst , 123 N.J.L. 373 , 375 (E. & A. 1939). N.J.S.A. 40:55D-11 provides that the notice shall state the ... Despite its several errors, the notice was sufficient to satisfy N.J.S.A. 40:55D-11. In Pond Run Watershed Ass'n v ... to include simply a street address." Id. at 349 (citing N.J.S.A. 40:55D-11). We further observed, with regard to ...

docket:	a1042-09
court:	superior court appellate division
decided:	2011-01-24
status:	unpublished
citation:
Document Size:	75285

3352 New Jersey Transit PBA Local 304 v. New Jersey Transit -- rank: 821

... acquiring, operating, and improving public transportation facilities in New Jersey. N.J.S.A. 27:25-2, -4a, -5, -10. By its enabling legislation ... of, or for the support or improvement of public transportation." N.J.S.A. 27:25-5g. At the present time, NJ Transit receives ... and security protection to all NJ Transit locations and services. N.J.S.A. 27:25-15.1a. Transit police officers "have general authority ... and must satisfy "requirements established by the Police Training Commission," N.J.S.A. 27:25-15.1c. As officers of a state police force, they are permitted to carry firearms, see N.J.S.A. 2C:3-3, -7.     Plaintiff is the majority representative of ... subject to the rules and regulations governing police conduct. See N.J.S.A. 27:25-15.1. They are permitted to carry ...

docket:	a-130-96
court:	njsupreme
decided:	1997-09-25
status:
citation:	147 N.J. 259
Document Size:	104388

3353 IN THE MATTER OF THE CIVIL COMMITMENT OF W.X.C. -- rank: 821

... Unit (STU) pursuant to the Sexually Violent Predator Act (SVPA), N.J.S.A. 30:4-27.24 to -27.38. We affirm. The ... guilty to two counts of first degree aggravated sexual assault, N.J.S.A. 2C:15-1. The plea agreement called for various consecutive ... and Treatment Center (ADTC) for sex offender treatment, pursuant to N.J.S.A. 2C:47-1 to -8; R. 3:21-3. Dr ... not a viable candidate for sex offender treatment pursuant to N.J.S.A. 2C:47-1. Dr. Frank also noted that W.X ... or declared incompetent to stand trial for such an offense. N.J.S.A. 30:4-27.26. The statutory definition of a "sexually violent offense" is contained in N.J.S.A. 30:4-27.26. Our Supreme Court has interpreted ...

docket:	a0347-07
court:	NJ Superior Court Appellate Division
decided:	2009-06-19
status:	published
citation:	407 N.J. Super. 619 972 A.2d 462
Document Size:	73864

3354 STATE OF NEW JERSEY v. RASHID WALKER -- rank: 821

... all of the convictions. I. Defendant was indicted for murder, N.J.S.A. 2C:11-3(a)(1) and (2) and N.J.S.A. 2C:2-6 (count one); possession of a handgun for an unlawful purpose, N.J.S.A. 2C:39-4(a) (count two); armed robbery, N.J.S.A. 2C:15-1 and N.J.S.A. 2C:2-6 (count three); felony murder, N.J.S.A. 2C:11-3(a)(3) and N.J.S. ...

docket:	A5952-04
court:	New Jersey Superior Court Appellate Division
decided:	2008-05-09
status:	Published
citation:
Document Size:	99418

3355 STATE OF NEW JERSEY v. JULIUS SMITH -- rank: 821

... Julius Smith was found guilty of first-degree armed robbery, N.J.S.A. 2C:15-1 (count one), and second-degree possession of a firearm for an unlawful purpose, N.J.S.A. 2C:39-4a (count two); and was acquitted of second-degree unlawful possession of a handgun, N.J.S.A. 2C:58-4 and 2C:39-5b (count three). 1 ... parole ineligibility, pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. The judge also imposed the appropriate ... conviction on count four, possession of a controlled dangerous substance, N.J.S.A. 2C:35-10a(1), which was not explained in the ...

docket:	a4276-10
court:	New Jersey Superior Court Appellate Division
decided:	2013-07-11
status:	Published
citation:
Document Size:	59233

3356 /usr/local/share/www/libweb/collections/courts/appellate/a3079-11.opn.html -- rank: 821

... 1 to discrimination, prohibited under the Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49, and the approximate $2,500 ... with other protections available under the laws of this State. [ N.J.S.A. 10:5-3.] In construing the Legislature's statutory intent ... of fact for the jury to decide. We agree. 3 N.J.S.A. 10 :5-12(a) prohibits unlawful discrimination only by an ... Tarr v. Ciasulli , supra , 181 N.J. at 83. However, N.J.S.A. 10:5-12(e) makes it unlawful "[f]or any ... is a statutory predicate for an award of punitive damages. N.J.S.A. 2A:15-5.13(c).  Finally, in addition, in a ...

docket:	a3079-11 a3079-11
court:	NJ Superior Court Appellate Division NJ Superior Court Appellate Division
decided:	2014-09-15 2014-09-15
status:	unpublished unpublished
citation:
Document Size:	156138

3357 Ramapo River Reserve Homeowners Ass'n., Inc. v. Borough of Oakland -- rank: 821

... public policy, the provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-1 to -99, governing municipal development agreements, with ... certain enumerated services to a statutorily defined “qualified private community.” N.J.S.A. 40:67-23.2e and -23.3.     Pursuant to the provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-45.21, on October 2, 1996, the Borough ... to provide or pay for the municipal services enumerated in N.J.S.A. 40:67-23.3 until such time as the developer ... pursuant to the Planned Real Estate Development Full Disclosure Act, N.J.S.A. 45:22A-21 to -56, terminates. 1. Briarglen II holds ... against a municipality delegating any of its service obligations under N.J.S.A. 40:67-23.3 to a developer pursuant to ...

docket:	a-135-04
court:	njsupreme
decided:	2006-03-13
status:
citation:	*CITE_PENDING*
Document Size:	65775

3358 JEFF CARTER v. NEW JERSEY DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF LOCAL GOVERNMENT SERVICES CUSTODIAL AGENCY -- rank: 821

... request for records under the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 through -13, was invalid as overly broad ... Superior Court, Appellate Division, resulting from an appeal (pursuant to N.J.S.A. 40A:9-22.91) of any final [agency] decision of ... August 9, 2011 through August 9, 2016.' The custodian 1 N.J.S.A. 40A:9-22.9 permits final agency decisions pertaining to the New Jersey Local Government Ethics Law, N.J.S.A. 40A:9-22.1 to -22.25, to be appealed ... otices for a five . . . year period alleging a violation of N.J.S.A. 40A:9-22.9 is invalid because it required research ... MUST ASCRIBE MEANING TO THE LEGISLATURE'S CHOSEN WORDS. A. N.J.S.A. 47:1A-6 And -7(e) Must Be Harmonized. ...

docket:	a0483-18
court:	NJ Superior Court Appellate Division
decided:	2019-12-10
status:	Unpublished
citation:
Document Size:	40510

3359 Trantino v. New Jersey Parole Board -- rank: 821

... his release is not incompatible with the welfare of society." N.J.S.A. 30:4-123.14 (repealed by L. 1979, c. 441 ... supra , 62 N.J. at 360 ("The statutory criteria in N.J.S.A. 30:4-123.14 contemplate parole release only where the ... This standard was changed under the Parole Act of 1979, N.J.S.A. 30:4-123.45 to -123.69. No longer was ... under the laws of this State if released on parole." N.J.S.A. 30:4-123.56c. As applied to a prisoner serving ... treatment, will exercise its authority under the Interstate Corrections Compact, N.J.S.A. 30:7C-1 to -12; N.J.A.C. 10A ... Interstate Corrections Compact envisions cooperation and flexibility among member states, N.J.S.A. 2C:43-7.2 (mandating that for violent crimes ...

docket:	a-43-97
court:	njsupreme
decided:	1998-05-18
status:
citation:	154 N.J. 19
Document Size:	74848

3360 SHAMROCK LACROSSE INC. v. KLEHR, HARRISON HARVEY BRANZBURG & ELLERS LLP -- rank: 821

... concerns the applicability of the statutory affidavit of merit requirement, N.J.S.A. 2A:53A-26 to -29, to a malpractice action that ... filed a demand for an affidavit of merit pursuant to N.J.S.A. 2A:53A-27, and "reserv[ed] the right to move ... and well beyond the 60-day affidavit deadline prescribed by N.J.S.A. 2A:53A-27. That same week, Obermayer, which had answered ... persons" for which an affidavit of merit was required under N.J.S.A. 2A:53A-27. However, anticipating the possibility that the court ... 120-day maximum extended 4 time period set forth in N.J.S.A. 2A:53A-27. With its cross-motion, plaintiff supplied an ... be treated as "licensed persons" under a "sensible construction" of N.J.S.A. 2A:53A-27. He noted that it would be " ...

docket:	a5730-08
court:	superior court appellate division
decided:	2010-06-14
status:	published
citation:	416 N.J. Super. 1 3 A.3d 518
Document Size:	77724