Search Rutgers Law Library N.J. Court Opinions

3481 DAVID ANDERSON v. MELISSA ANDERSON -- rank: 821

... analyzed the alimony claim by considering the factors listed in N.J.S.A. 2A:34-23(b). He found that alimony was 'necessary ... and III, plaintiff contends that the judge failed to consider N.J.S.A. 2A:34-23(j), which provides that 'alimony may be ... to the marital standard of living.' Id. at 26 (citing N.J.S.A. 2A:34-23(b)(4)). Courts may award alimony 'as ... nature of the case shall render fit, reasonable and just[.]' N.J.S.A. 2A:34-23. 'Whether alimony should be awarded is governed by distinct, objective standards defined by the Legislature in N.J.S.A. 2A:34-23(b).' Gnall, 222 N.J. at 429 ... Super. 340, 354 (App. Div. 2009). Plaintiff's reliance on N.J.S.A. 2A:34-23(j) is misplaced. Enacted as an ...

docket:	a0922-17
court:	NJ Superior Court Appellate Division
decided:	2020-05-28
status:	Unpublished
citation:
Document Size:	50092

3482 STATE OF NEW JERSEY v. DAMIEN EDWARDS -- rank: 821

... appeals from a judgment of conviction for passion provocation manslaughter, N.J.S.A. 2C:11-4B(2), and weapons offenses. We affirm the ... sentencing. Defendant raises the following issues on appeal. POINT I N.J.S.A. 52:4B-36.1(B), WHICH ALLOWS PICTURES OF THE ... RIGHT TO A FAIR TRIAL BY AN IMPARTIAL JURY. A. N.J.S.A. 52:4B-36.1(b) is unconstitutional. B. The display ... I was entitled to mitigating factors [three] and [five] under [N.J.S.A.] 2C:44-1(b). Though I am fully aware of ... grand jury indicted defendant, charging him with first-degree murder; N.J.S.A. 2C:11-3a(1) and (2); two counts of possession of a knife in violation of N.J.S.A. 2C:39-4(d) and 2C:39-5(d); ...

docket:	a2600-19
court:	NJ Superior Court Appellate Division
decided:	2023-02-07
status:	Unpublished
citation:
Document Size:	50278

3483 Estate of Mary Van Riper v. Director, Division of Taxation -- rank: 821

... which clarity, simplicity, and ease of implementation are paramount. 1. N.J.S.A. 54:34-1 presumptively imposes a transfer inheritance tax on ... in possession or enjoyment at or after such death.” N.J.S.A. 54:34-1(c) (emphasis added). N.J.S.A. 54:34-1(c)’s “at or after ... taxable under the “at or after death” provision of N.J.S.A. 54:34-1, it is necessary that the settlor retain ... event in the shifting of economic benefits and burdens. Under N.J.S.A. 54:34-1.1, if the grantor completely and irrevocably ... and Mary’s transfer falls squarely within the ambit of N.J.S.A. 54:34-1(c), and they did not satisfy ...

docket:	a-51-18
court:	NJ Supreme Court
decided:	2020-02-05
status:
citation:
Document Size:	45346

3484 IN THE MATTER OF THE CIVIL COMMITMENT OF J.S SVP-24-99 -- rank: 821

... Treatment Unit (STU) under the Sexually Violent Predators Act (SVPA), N.J.S.A. 30:4-27.24 to -27.38. We affirm. I ... conduct. J.S. pled guilty to second-degree sexual assault, N.J.S.A. 2C:14- 2(b), and was sentenced to four years ... J.S. pled guilty to first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a), third-degree terroristic threats, N.J.S.A. 2C:12-3(a), and third- degree witness tampering, N.J.S.A. 2C:28-5(a), and was sentenced to seven years ... degree and fourth-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(b)(3) and (b)(5)(b), ...

docket:	a3665-14
court:	New Jersey Superior Court Appellate Division
decided:	2018-08-27
status:
citation:
Document Size:	37445

3485 State v. Michelle L. Elders, et al. -- rank: 821

... charged in a Middlesex County indictment with first-degree conspiracy, N.J.S.A. 2C:5-2 (count one); first-degree possession with intent ...

docket:	a-42-06
court:	njsupreme
decided:	2007-07-30
status:
citation:	192 N.J. 224
Document Size:	84180

3486 State v. Jamire D. Williams -- rank: 821

... of the vehicle codified in New Jersey’s eluding statute, N.J.S.A. 2C:29-2(b). The constitutional requirement of “reasonable ... to appear or pay for a parking violation. Ibid. (citing N.J.S.A. 39:4-139.10 (2019)). Justice Kagan also noted that ... access to and use “personal information” of motorists under N.J.S.A. 39:2-3.3 from an MDT without reasonable suspicion ... Substitute for A. 1845 and A. 2448 (1989), reprinted in N.J.S.A. 39:3-4). The petitioners in Donis argued that the ... driver’s license generally derives from a common statutory source, N.J.S.A. 39:5-30(a). That provision states, in pertinent part ... which have “resulted in the death of another.” N.J.S.A. 39:5-30(b) (emphasis added). Moreover, subsection (e) ...

docket:	a-4-5-22
court:	NJ Superior Court Appellate Division
decided:	2023-05-30
status:
citation:
Document Size:	98991

3487 Rolando Fernandes v. DAR Development Corp. -- rank: 821

... 1973, the Legislature adopted the Comparative Negligence Act (the CNA), N.J.S.A. 2A:15-5.1 to -5.13. The purpose of ... a percentage, of each party’s negligence or fault.” N.J.S.A. 2A:15-5.2(a)(2). The injured party is ... negligence of the persons against whom recovery is sought.” N.J.S.A. 2A:15-5.1. If the injured party is permitted ... negligence of the persons against whom recovery is sought.” N.J.S.A. 2A:15-5.1. [ Id. at 150-51.] This Court ...

docket:	A-37-13
court:	NJ Supreme Court
decided:	2015-07-28
status:
citation:	222 N.J. 390 119 A.3d 878
Document Size:	85979

3488 LARKEN ASSOCIATES L.L.C. v. P&H CLINTON PARTNERSHIP -- rank: 821

... opportunity to test the outermost bounds of that decision. See N.J.S.A. 2A:16-52, a part of the Declaratory Judgment Act, N.J.S.A. 2A:16-50 to 62; N.J. Ass'n for ... Goodzeit appropriately applied the six-year statute set forth in N.J.S.A. 2A:14-1. Vastano v. Algeier , 178 N.J. 230 ...

docket:	a4164-09
court:	NJ Superior Court Appellate Division
decided:	2012-05-03
status:	unpublished
citation:
Document Size:	91150

3489 CUMBERLAND COUNTY GUIDANCE CENTER v. SCOTTSDALE INSURANCE COMPANY -- rank: 821

... aggravated sexual assault upon G.S.P. in violation of N.J.S.A. 2C:14-2(a). D.P. was adjudicated as a ... 1985, constitutes an omission that continued into the retroactive period. N.J.S.A. 9:6-8.10 establishes the following reporting requirement: Any ... at least in part, upon the statutorily created reporting requirement. N.J.S.A. 9:6-8.10 states, "[a]ny person having reasonable ... a duty to any of the J.A.P. parties. N.J.S.A. 9:6-8.10 "does not purport to incorporate or ... immediately safeguard" children who have been abused "from further injury[.]" N.J.S.A. 9:6-8.8. The reporting requirement was therefore designed ... to public bidding under the New Jersey Highway Authority Act, N.J.S.A. 27:12B-1 to -26, because the towing contract ...

docket:	a4591-08
court:	NJ Superior Court Appellate Division
decided:	2011-12-16
status:	unpublished
citation:
Document Size:	75531

3490 DANIEL MOTLEY v. BOROUGH OF SEASIDE PARK ZONING BOARD OF ADJUSTMENT -- rank: 821

... court's decision to nullify the stop work order because N.J.S.A. 40:55D-68 allows a nonconforming structure to be rebuilt ... destruction" of the property. That ordinance provision is consistent with N.J.S.A. 40:55D-68, which provides in pertinent part: Any nonconforming ... order. 6 In the alternative, plaintiff argues that, even if N.J.S.A. 40:55D-68 is read to not authorize his reconstruction ... J. 205 (1988). As we have noted, the relevant statute, N.J.S.A. 40:55D-68, provides that a nonconforming use or structure ... Div. 2004). The term "partial destruction" is not defined by N.J.S.A. 40:55D-68, nor is the reciprocal concept of "total ... township's contention that the inn was "totally destroyed" under N.J.S.A. 40:55-48, the statutory precursor to N.J. ...

docket:	a3214-11
court:	NJ Superior Court Appellate Division
decided:	2013-03-04
status:	published
citation:	430 N.J.Super. 132 62 A.3d 908
Document Size:	59997

3491 STATE OF NEW JERSEY v. ANGELIQUE STUBBS -- rank: 821

... after a jury trial, of fourth-degree possession of marijuana, N.J.S.A. 2C:35-10a(3); second-degree possession of marijuana with intent to distribute, N.J.S.A. 2C:35-5a(1) and -5b(10)(b); and third ... intent to distribute it within 1000 feet of a school, N.J.S.A. 2C:35-7. Angelique received an aggregate sentence of seven ... case of this type and is given moderate weight." See N.J.S.A. 2C:44-1a(3), (6), (9). The court found no mitigating factors. See N.J.S.A. 2C:44-1b. Angelique was sentenced to seven years on ... s argument that mitigating factors one and two applied, see N.J.S.A. 2C:44-1b(1) (pertaining to conduct that neither ...

docket:	a1199-10
court:	NJ Superior Court Appellate Division
decided:	2013-08-15
status:	unpublished
citation:
Document Size:	94452

3492 JOYCE H. EISZNER, Plaintiff v. DIRECTOR, DIVISION OF TAXATION, -- rank: 821

... tax matter concerning the New Jersey Gross Income Tax Act, N.J.S.A . 54A:1-1 to :10-12, the taxpayer appeals the ... taxpayer contends that the Final Determination was time-barred by N.J.S.A . 54A:9-4(a), which limits the time in which ... death benefit” and is explicitly excluded from gross income by N.J.S.A . 54A:6-4. This matter is before the court on ... the proposed assessment in the Final Determination would be correct. N.J.S.A . 54A:9-4(a) of the Gross Income Tax Act ... that the six-year statute of limitations as provided by N.J.S.A. 54A:9-4(d) applies. N.J.S.A . 54A:9-4(d) provides the following exception to ...

docket:	05058-98
court:
decided:	2000-01-21
status:
citation:	18 N.J. Tax 579
Document Size:	86934

3493 State v. Stephen F. Scharf -- rank: 821

... Defendant was convicted of first-degree purposeful and knowing murder, N.J.S.A. 2C:11-3(a)(1) and N.J.S.A. 2C:11-3(a)(2). An appellate panel reversed the ... forwarded the monies to the State as unclaimed funds. See N.J.S.A. 46:30B-9, -22. In 2003, defendant claimed the money ... jury indicted defendant for first-degree purposeful and knowing murder, N.J.S.A. 2C:11-3(a)(1) and 2C:11-3(a ... Defendant was convicted of first-degree purposeful and knowing murder, N.J.S.A. 2C:11-3(a)(1) and N.J.S.A. 2C:11-3(a)(2), and was sentenced to ...

docket:	A-46-14
court:	NJ Supreme Court
decided:	2016-07-08
status:
citation:	225 N.J. 547 139 A.3d 1154
Document Size:	102225

3494 STATE OF NEW JERSEY v. LAMONT BOYD -- rank: 821

... Indictment No. 06-01-0133: first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(4) (count five); and first-degree armed robbery, N.J.S.A. 2C:15-1 (counts fifteen and sixteen). He also entered ... 08-1357, 1 a charge of first-degree armed robbery, N.J.S.A. 2C:15-1. On February 27, 2009, defendant was sentenced ... Early Release Act's (NERA) eighty-five percent parole ineligibility. N.J.S.A. 2C:43-7.2(a). On the second indictment he ... THE CONSEQUENCES OF NOT ATTENDING THE ADTC EVALUATION REQUIRED UNDER N.J.S.A. 2C:47-1 AND IN MAKING A DETERMINATION, WITHOUT FACTUAL ... circumstances generally leading to impoundment. The judge also observed that N.J.S.A. 39:5-47 authorizes police to seize motor vehicles ...

docket:	a5797-08
court:	NJ Superior Court Appellate Division
decided:	2012-03-30
status:	unpublished
citation:
Document Size:	62073

3495 State v. Roberson Burney -- rank: 821

... to an extended term of life without parole pursuant to N.J.S.A. 2C:43-7.1 (the persistent offenders statute) on the ...

docket:	a-14-22
court:	NJ Superior Court Appellate Division
decided:	2023-08-02
status:
citation:
Document Size:	92827