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3541 State of New Jersey v. Shirley Reid -- rank: 821

... charging Reid with second-degree computer theft, in violation of N.J.S.A. 2C:20-25(b). Reid moved to suppress the evidence ... to New Jersey’s Wiretapping and Electronic Surveillance Control Act, N.J.S.A. 2A:156A-1 to -34 -- and to N.J.S.A. 2A:156A-29 in particular -- as authority for the use ... Jersey Wiretapping and Electronic Surveillance Control Act (“Wiretap Act”), N.J.S.A. 2A:156A-1 to -34, offers additional support for concluding ... when the State Commission of Investigation issues a subpoena.” N.J.S.A. 2A:156A-29(f). The Legislature’s decision to protect ... oral communication intercepted unlawfully -- may bring a motion to suppress. N.J.S.A. 2A:156A-21. But an aggrieved customer whose subscriber ...

docket:	a-105-06
court:
decided:	2008-04-21
status:
citation:	195 N.J. 422
Document Size:	85621

3542 RANDOM HOUSE, INC. v. DIRECTOR, DIVISION OF TAXATION, -- rank: 821

... Jersey Division of Taxation (Director), imposed the assessments pursuant to N.J.S.A. 13:1E-99.1 for each of tax years 1993 ... years at issue in this appeal was imposed pursuant to N.J.S.A. 13:1E-99.1(a) (“Section 99.1(a ... terms used in Section 99.1(a) were defined in N.J.S.A. 13:1E-94 (also repealed by L. 2002, c. 128 ... public property, or on private property not owned by him . . . . [ N.J.S.A. 13:1E-94(e).] The statute then enumerated fifteen categories ... are shipped out of State for out-of-State use . . . . [ N.J.S.A. 13:1E-94(j).] In enacting the litter control tax in 1985 the Legislature added the following finding to N.J.S.A. 13:1E-93 (repealed by L. 2002, c. 128, ...

docket:	06262-03
court:
decided:	2005-09-13
status:
citation:
Document Size:	52879

3543 CITIZENS UNITED RECIPROCAL EXCHANGE VS. HACKENSACK UMC A\/S\/O A.R. -- rank: 821

... pursuant to the Alternate Procedure for Dispute Resolution Act ('APDRA'), N.J.S.A. 4 A-3330-21 2A:23A-1 to -30, seeking ... organization to serve as an arbitration forum for PIP disputes. N.J.S.A. 39:6A-5.1(b). Forthright currently serves in that ... narrow grounds for vacating an arbitration award set forth in N.J.S.A. 2A:23A-13, emphasizing review of arbitration awards is limited ... the standards for vacating an arbitration award as mandated in N.J.S.A. 2A:23A-13. On June 7, 2022, the trial court ... to the hospital itself. Moreover, the court noted the statute, N.J.S.A. 12A:3-311(c)(1), has an escape clause and ... under its policies. The New Jersey Automobile Reparation Reform Act, N.J.S.A. 39:6A-1 to -35, mandates that automobile liability ...

docket:	a3330-21
court:	appellate
decided:	2024-07-03
status:	Unpublished
citation:
Document Size:	37328

3544 OF YOUTH AND FAMILY SERVICES,1 v. P.W. and E.M IN THE MATTER OF THE GUARDIANSHIP OF S.T.M. and Q.M -- rank: 821

... rights is in the best interests of their children. See N.J.S.A. 30:4C-15.1(a). In addition, Paula contends that ... New Jersey Safe Haven Infant Protection Act (Safe Haven Act), N.J.S.A. 30:4C-15.5- 15.11. After reviewing the record ... convincing evidence, thereby satisfying the statutory standard set forth in N.J.S.A. 30:4C-15.1(a). The court noted that both ... the four prongs of the best interests test embodied in N.J.S.A. 30:4C-15.1, by clear and convincing evidence. We ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] "These standards are neither discrete ... v. M.M. , 189 N.J. 261 , 281 (2007) (quoting N.J.S.A. 30:4C-15.1(a)(1)). "Rather than focusing ...

docket:	a5951-10
court:	NJ Superior Court Appellate Division
decided:	2013-01-04
status:	unpublished
citation:
Document Size:	63164

3545 ANGELA PRESTOL v. HENPAL REALTY ASSOCIATES LLC -- rank: 821

... establish liability under the New Jersey Tort Claims Act (TCA), N.J.S.A 59:1-1 to 12-3 and dismissed Hector's ... the two[- ]year statute of limitations for personal injury actions, N.J.S.A. 2A:14-2(a).' It also contended that plaintiffs' claims were barred by the ten-year statute of repose, N.J.S.A. 2A:14-1.1. In this regard, Suez claimed that ... had neither actual nor constructive notice of the pothole under N.J.S.A. 59:4-3 because 'there [was] no evidence that any ... that the pothole was not a 'dangerous condition' covered by N.J.S.A. 59:4-1(a) because 'it was homogenous with the ... emotional distress and pain and suffering were bar red by N.J.S.A. 59:9-2(d) because plaintiff's injuries did ...

docket:	a0633-19
court:	NJ Superior Court Appellate Division
decided:	2021-03-23
status:	Unpublished
citation:
Document Size:	53143

3546 STATE OF NEW JERSEY v. JOHN C. VANNESS -- rank: 821

... with a discretionary parole disqualifier of thirty months pursuant to N.J.S.A. 2C:43-6(b). He now appeals from the judgment ... his two-day crime spree: third-degree theft by deception, N.J.S.A. 2C:20-4 (counts one, five, and nine); third-degree forgery, N.J.S.A. 2C:21-1(a)(2) (counts three, seven, and eleven); third-degree uttering a forged instrument, N.J.S.A. 2C:21-1(a)(3) (counts four, eight, and twelve); and fourth-degree passing a bad check, N.J.S.A. 2C:21-5 (counts two, six, and ten). Prior to ... term but imposed a thirty-month parole disqualifier. Pursuant to N.J.S.A. 2C:43-6(b), the judge found three aggravating ...

docket:	a1901-18
court:	NJ Superior Court Appellate Division
decided:	2021-04-26
status:	Unpublished
citation:
Document Size:	44556

3547 PAULINE JENNINGS v. THE BOROUGHOF HIGLANDS, ET AL. -- rank: 821

... interplay of the long-established right to protest zoning amendments, N.J.S.A. 40:55D-63, now found in the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 to -163, with this State's more ... condominium ownership as delineated in the Condominium Act (Condominium Act), N.J.S.A. 46:8B-1 to -38. We agree with the Law ... condominium unit owners as signatories to a protest petition under N.J.S.A. 40:55D-63 does not make the targeted zoning amendment ... 07. They drafted and circulated a protest petition pursuant to N.J.S.A. 40:55D-63 2 entitled, "Objection Petition to Proposed 'Zoning ... of Ordinance O-07-07 and provide recommendations pursuant to N.J.S.A. 40:55D-26(a) and -64. On June 14, ...

docket:	A0941-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-14
status:	published
citation:	418 N.J. Super. 405 13 A.3d 911
Document Size:	63338

3548 TIMOTHY PATRICK SHARPE VS BESTOP, INC. & SEARS ROEBUCK AND COMPANY & CHRYSLER CORPORATION -- rank: 821

... applicable in proving a product liability cause of action. See N.J.S.A. 2A:58C-2. To state it somewhat differently, the jury ... adequacy of warnings be evaluated by an objective standard. See N.J.S.A. 2A:58C-4. Consistent with the PLA's requirement then ...

docket:	a4477-96
court:	njappellate
decided:	1998-07-15
status:	published
citation:	314 N.J.Super. 54
Document Size:	71959

3549 ANDREW FLOCKHART v. KAREN FLOCKHART -- rank: 821

... decision, the court reviewed each of the statutory factors under N.J.S.A. 9:2-4(c) relating to custody and made specific ... determine to be in the best interests of the child.' N.J.S.A. 9:2-4(a) to (c). The 'paramount consideration' in ... 20 extensive evaluation of the applicable factors set forth in N.J.S.A. 9:2-4, emphasizing the discord between the parties and ... accorded 'due weight,'' Beck, 86 N.J. at 501 (quoting N.J.S.A. 9:2-4), we discern no abuse in the court ... statutory factors relating to an award of child support under N.J.S.A. 2A:34-23. However, it did not address the Guidelines ... 200) and the factors A-1578-16T2 23 specified in N.J.S.A. 2A:34-23.' Child Support Guidelines, Pressler & Verniero, Current ...

docket:	a1578-16
court:	NJ Superior Court Appellate Division
decided:	2019-05-24
status:	Unpublished
citation:
Document Size:	81369

3550 STATE OF NEW JERSEY v. KESHAWN COLEMAN -- rank: 821

... 2010, defendant Keshawn Coleman was convicted of first-degree murder, N.J.S.A. 2C:11-3a(1), -3a(2) (count 1); second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4a (count 2); third-degree possession of a weapon without a permit, N.J.S.A. 2C:39-5b (count 3); and a "certain persons" weapons offense, N.J.S.A. 2C:39-7b (count 4). He was sentenced to an ... s criminal record), and (9) (the need for deterrence), see N.J.S.A. 2C:44-1a(3), (6), (9), applied, and that no mitigating factors applied, see N.J.S.A. 2C:44-1b. The judge merged count 2 into ...

docket:	a1752-10
court:	NJ Superior Court Appellate Division
decided:	2012-10-03
status:	unpublished
citation:
Document Size:	66569

3551 STATE OF NEW JERSEY v. ANTQUION MILLER -- rank: 821

... to the requirements of the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. He appeals from an order denying ... imposition of the special sentence of parole supervision for life, N.J.S.A. 2C:43-6.4; an order directing that defendant comply with the requirements of Megan's Law, N.J.S.A. 2C:7-1 to -23; and an order restraining defendant from contact with the victims, N.J.S.A. 2C:44-8. The court informed defendant it would not ... concluded he did not qualify for sex offender treatment under N.J.S.A. 2C:47- 3(d). The court found defendant had twenty ... were committed in an especially heinous, cruel, or depraved manner, N.J.S.A. 2C:44-1(a)(1); two, the gravity and ...

docket:	a1634-20
court:	NJ Superior Court Appellate Division
decided:	2022-02-11
status:	Unpublished
citation:
Document Size:	45582

3552 RUSSELL J. LITCHULT JR v. BOROUGH OF WALDWICK -- rank: 821

... alleging violations of the New Jersey Conscientious Employee Protection Act, N.J.S.A. 34:19-1 to -14. Plaintiff also appeals the October ... respectively), violations of the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49, (count seven), and various civil ... of counts two through eight under CEPA's waiver provision, N.J.S.A. 34:19-8, the judge explained: [T]he conduct asserted ... to the requirements of New Jersey Tort Claims Act (TCA), N.J.S.A. 59:1-1 to 14-4. Also, he determined that ... State law, rule or regulation or under the common law. [ N.J.S.A. 34:19-8 (emphasis added).] This language is "clear and ... and providing the verdict sheet without "the alternative charge under N.J.S.A. 34:19-3(c) and additional instruction as to ...

docket:	a1094-10
court:	NJ Superior Court Appellate Division
decided:	2012-09-05
status:	unpublished
citation:
Document Size:	83061

3553 DIONICIO RODRIGUEZ v. SHELBOURNE SPRING, LLC -- rank: 821

... SIR Electric, LLC, under the Workers' Compensation Act (Compensation Act), N.J.S.A. 34:15-1 to -147. Rodriguez subsequently filed a Law ... any and all intentional wrongs within the exception allowed by N.J.S.A. 34:15-8[1] including but not limited to, bodily ... rejected by you and your employee(s) as provided in N.J.S.A. 34:15-9. [Emphasis added.] During the insurance coverage period ... Law Division against SIR and other companies and fictitiously 1 N.J.S.A. 34:15-8 precludes a person 'in the same employ ... of Educ., 246 N.J. 507, 514-15 (2021) (quoting N.J.S.A. 34:15-8). A-2079-22 6 named parties seeking ... acts violated the New Jersey Worker Health and Safety Act, N.J.S.A. 34:6A-, et. seq. 55. [SIR's] reckless indifference ...

docket:	a2079-22
court:	NJ Superior Court Appellate Division
decided:	2023-12-22
status:	Unpublished
citation:
Document Size:	46909

3554 J.P. v. GREGORY J. SMITH -- rank: 821

... sought damages pursuant to the Child Sexual Abuse Act (CSAA), N.J.S.A. 2A:61B-1, and under various common law theories of ... notice provisions of the New Jersey Tort Claims Act (TCA), N.J.S.A. 59:1-1 to 12-3. On reconsideration, the judge ... submitted before the running of the statutory ninety-day limit. N.J.S.A. 59:8-8. She further argued that the statute of ... sexual abuse by any other person also commits sexual abuse . . . ." N.J.S.A. 2A:61B-1a(1). Thus, the statute imposes liability on ... are barred by the two-year statute of limitations in N.J.S.A. 2A:14-2, and the notice provisions of the TCA, N.J.S.A. 59:8-8. Even if the "discovery rule" applies, ...

docket:	a0055-15
court:	NJ Superior Court Appellate Division
decided:	2016-03-07
status:	published
citation:	444 N.J.Super. 507 134 A.3d 977
Document Size:	66091

3555 IN THE MATTER OF SEAN MCMANUS DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 821

... his cash overtime compensation consistent with Civil Service regulations. 3 N.J.S.A. 34:11-56a1 to -56a41. 4 The Commission initially determined ... no exception for emergencies declared pursuant to Civil Service regulations. N.J.S.A. 11A:1- 2(e). He maintains his cash compensation for ... and-one-half times his 'regular hourly wages[,]' contrary to N.J.S.A. 34:11-56a1 and N.J.S.A. 34:11-56a4(b)(1). Specifically, petitioner contends the Commission ... his compensation for the first thirty-five hours pursuant to N.J.S.A. 34:11-56a1.7 B. Ordinarily, our review of a ... half] threshold set by the Wage and Hour laws, notably N.J.S.A. 34:11-56a1 and N.J.S.A. 34: ...

docket:	a0845-20
court:	NJ Superior Court Appellate Division
decided:	2023-08-01
status:	Unpublished
citation:
Document Size:	32620