Search Rutgers Law Library N.J. Court Opinions

3586 ROBERT VOLKER v. OCEAN TOWNSHIP -- rank: 821

... of time to serve a notice of claim pursuant to N.J.S.A. 59:8-9 and to deem his notice of claim ... substance at the loss site; thus affording it immunity," citing N.J.S.A. 59:4-3 and 164 N.J. 111 (2000), concluded ... ten months later. The New Jersey Tort Claims Act (TCA), N.J.S.A. 59:1-1 to 12-3, governs claims against public ... requires presentation of the claim in accordance with its provisions. N.J.S.A. 59:8-3. One of those provisions governs the time ... claim except as otherwise provided in section 59:8-9 . . . . [ N.J.S.A. 59:8-8.] The stringency of this time requirement may ... years from the time of the accrual of the claim. [ N.J.S.A. 59:8-9 (emphasis added).] Because a decision to ...

docket:	a0527-07
court:	NJ Superior Court Appellate Division
decided:	2009-01-28
status:	unpublished
citation:
Document Size:	69100

3587 STATE OF NEW JERSEY v. J.B. -- rank: 821

... B., was found guilty of first-degree aggravated sexual assault, N.J.S.A. 2C:43-7.2. Pursuant to Megan's Law, N.J.S.A. 2C:7-1 to -19, defendant was sentenced to community ... c. 34, § 51, several months after defendant committed these offenses. N.J.S.A. 2C:43-3.7. Therefore, this penalty cannot be applied ...

docket:	a5523-03
court:	njappellate
decided:	2005-09-22
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	83220

3588 DIVISION OF CHILD PROTECTION AND PERMANENCY v. K.S and M.W IN THE MATTER OF THE GUARDIANSHIP OF M.S., a minor -- rank: 821

... complaint for custody of the child under both Title 9, N.J.S.A. 9:6-8.30, and Title 30, N.J.S.A. 30:4C-12. The complaint alleged the parents had abused ... contends the Division did not prove the four prongs of N.J.S.A. 30:4C-15.1(a) to justify termination of her ... the mark but well-supported by the evidence. Pursuant to N.J.S.A. 30:4C-15.1(a), parental rights may be terminated ... or that the potential rose to the degree necessary under N.J.S.A. 30:4C-15.1(a)(1). Yet because this Court ... that the Division did not follow the procedures prescribed by N.J.S.A. 30:4C-12 for a Title 30 action and ...

docket:	a3172-12
court:	New Jersey Superior Court Appellate Division
decided:	2014-03-26
status:	Published
citation:
Document Size:	51183

3589 STATE OF NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. H.V.A. -- rank: 821

... the Requirement of Reasonable Efforts to Reunify Order, pursuant to N.J.S.A. 30:4C-11.3, which "relieved [the Division] of its ... FOUR PART TEST TERMINATING PARENTAL RIGHTS AS SET FORTH IN N.J.S.A. 30:4C-15.1(a) POINT A: DYFS FAILED TO ... K.H.O. , supra , 161 N.J. at 347. Under N.J.S.A. 30:4C-15.1(a), the standard provides that parental ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These four prongs are not ... prevent the need for removing the child from his home.' N.J.S.A. 9:6-8.8(b)(2). Even after placement, 'the ... an exception to this rule is invoked in certain circumstances. N.J.S.A. § 30:4C-11.3 states in pertinent part ...

docket:	a5691-07
court:	New Jersey Superior Court Appellate Division
decided:	2009-08-21
status:	Published
citation:
Document Size:	58252

3590 FREEHOLD BOROUGH, Plaintiff v. WNY PROPERTIES L.P./POST & COACH -- rank: 821

... as determined by the Director, Division of Taxation, pursuant to N.J.S.A. 54:1-35b, for plaintiff for the years under review ... in the computation of the school aid ratio pursuant to N.J.S.A. 54:1-35.1, and the average ratio of assessed ... true value of property in a taxing district pursuant to N.J.S.A. 54:1-35a(a) (the “Chapter 123 ratio”). See ... below the lower limit of the Chapter 123 range. See N.J.S.A. 54:1-35a (defining average ratio and common level range ... his or her judgment to reflect full and fair value, N.J.S.A. 54:4-23, and the constitutional requirement that the selection ... fair value of all real property in a taxing district. N.J.S.A. 54:4-23. Consequently, local municipal governing bodies or ...

docket:	03027-00
court:
decided:	2003-05-08
status:
citation:
Document Size:	117245

3591 WILSON X. BEZERRA v. FRANK DELORENZO -- rank: 821

... the court's finding that the Tort Claims Act ("TCA"), N.J.S.A. 59:1-1 to 12-3, shielded DeLorenzo from liability ... the enforcement of laws provide absolute immunity to the Township. N.J.S.A. 59:2-4; 59:2-5. We do not agree ... fraud, actual malice or willful misconduct." Id. at 8 (quoting N.J.S.A. 59:3-14a, b). After remand, Bezerra filed a second ... various activities including: good faith execution or enforcement of law, N.J.S.A. 59:3-3; the failure to enforce any law, N.J.S.A. 59:3-5; the issuance, denial, suspension or revocation of permits or orders, or the failure to do so, N.J.S.A. 59:3-6; the failure to inspect, or negligent ...

docket:	a1149-10
court:	NJ Superior Court Appellate Division
decided:	2012-08-07
status:	unpublished
citation:
Document Size:	75860

3592 Luz M. Cruz v. Central Jersey Landscaping, Inc. -- rank: 821

... 2 Prior to the 2004 amendments, the Workers’ Compensation Act, N.J.S.A. 34:15-1 to -142 (the Act), set forth a ... for one or more dependents, [seventy percent] of wages.” N.J.S.A. 34:15-13. The subsections that had previously set forth ... the enactment of the 2004 amendments, the Workers’ Compensation Act, N.J.S.A. 34:15-1 to -142 (the Act), set forth a ... percent of wages if there were five or more dependents. N.J.S.A. 34:15-13(a) to -13(e) (2003), amended by ... statute at sixty-five percent of Perez’s wages. See N.J.S.A. 34:15-13(d) (2003). Six months after the statute ... rate of fifty percent of her decedent’s wages. See N.J.S.A. 34:15-13(a) (2003). Following the adoption of ...

docket:	a-34-07
court:
decided:	2008-06-09
status:
citation:	195 N.J. 33
Document Size:	67764

3593 State v. Evan Reece -- rank: 821

... requisite elements for obstruction of the administration of law under N.J.S.A. 2C:29-1(a) were established by the evidence. The ... arrested and charged with two counts of simple assault under N.J.S.A. 2C:12-1(a)(1), one count of resisting arrest under N.J.S.A. 2C:29-2(a), and one count of obstructing the administration of law under N.J.S.A. 2C:29-1(a). Defendant’s trial proceeded in municipal ... 5. The offense of obstructing the administration of law under N.J.S.A. 2C:29-1(a), in prohibiting conduct that prevents or ... obstruction should have been upheld. (pp. 22-24). 6. Under N.J.S.A. 2C:29-2(a)(3), it is not a ...

docket:	A-70-13
court:	NJ Supreme Court
decided:	2015-07-20
status:
citation:	222 N.J. 129 117 A.3d 1221
Document Size:	119313

3594 STATE OF NEW JERSEY v. HABEEB ROBINSON -- rank: 821

... pretrial detention hearing held under the Bail Reform Act (Act), N.J.S.A. 2A:162-15 to -26. Rule 3:4-2(c ... affidavit in considering the weight of the State's evidence, N.J.S.A. 2A:162-20(a), and the defense cannot meaningfully respond ... not obstruct or attempt to obstruct the criminal justice process." N.J.S.A. 2A:162-15. The Act further seeks to assure that ... of conditions can reasonably assure the effectuation of these goals." N.J.S.A. 2A:162-15. Under the statute, a court may set ... assure the eligible defendant's appearance in court when required." N.J.S.A. 2A:162-15. For purposes of bail reform, an eligible ... a disorderly persons offense unless otherwise provided" in the statute. N.J.S.A. 2A:162-15. The Bail Reform Act provides that ...

docket:	a1891-16
court:	NJ Superior Court Appellate Division
decided:	2017-02-08
status:	published
citation:	448 N.J.Super. 501 154 A.3d 187
Document Size:	62243

3595 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.J -- rank: 821

... arrested and charged with second-degree child endangerment of Erin, N.J.S.A. 2C:24-4(a)(2). Shortly thereafter, the Division removed ... the four prongs of the child's best interests standard, N.J.S.A. 30:4C-15.1(a), and found that the Division ... child's best interests standard. See A-3424-21 17 N.J.S.A. 30:4C-15.1(a). Those prongs are set forth ... which led to the child's placement outside the home.' N.J.S.A. 30:4C-15.1(a)(3). It also requires the ... there were no reasonable alternatives to termination of parental rights. N.J.S.A. 30:4C-15.1(a)(3). Alternatives include placement with ... the Legislature enacted amendments to various statutes concerning children, including N.J.S.A. 30:4C-15.1, governing termination of parental rights ...

docket:	a3424-21
court:	NJ Superior Court Appellate Division
decided:	2023-07-14
status:	Unpublished
citation:
Document Size:	39684

3596 STATE OF NEW JERSEY IN THE INTEREST OF G.J.P. -- rank: 821

... by an adult, would constitute fourth-degree criminal sexual contact, N.J.S.A. 2C:14-3(b). He was sentenced to an eighteen ... by an adult would constitute: first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(7); third-degree aggravated criminal sexual contact, N.J.S.A. 2C:14-3(a); second-degree sexual assault, N.J.S.A. 2C:14-2(c)(1); and fourth-degree criminal sexual contact, N.J.S.A. 2C:14-3(b). A bench trial was held on ... contemplated that this conduct would cause or threaten serious harm." N.J.S.A. 2A:4A-44(a)(2)(c),(h)–(k). ...

docket:	a4283-12
court:	NJ Superior Court Appellate Division
decided:	2014-12-12
status:	unpublished
citation:
Document Size:	52825

3597 STATE OF NEW JERSEY v. CARLOS MENDOZA -- rank: 821

... found guilty of second-degree sexual assault upon N.P., N.J.S.A. 2C:14-2(b), and second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a). He appeals from the conviction and ... charged with first-degree aggravated sexual assault upon N.P., N.J.S.A. 2C:14-2(a)(1) (count one); second-degree sexual assault upon N.P., N.J.S.A. 2C:14-2(b) (count two); second-degree endangering the welfare of a child, N.P., N.J.S.A. 2C:24-4(a) (count three); second-degree sexual assault upon S.P., N.J.S.A. 2C:14-2(b) (count four); and second-degree ...

docket:	a2575-08
court:	superior court trial
decided:	2011-03-02
status:	unpublished
citation:
Document Size:	40013

3598 STATE OF NEW JERSEY v. CARLOS GREEN -- rank: 821

... 15-10-2268, charging defendant with first-degree vehicular homicide, N.J.S.A. 2C:11-5B(3)(a). Defendant filed a motion to ... of parole supervision under the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. On appeal, defendant raises the following ... that the sentencing judge erred in finding aggravating factor three, N.J.S.A. 2C:44-1(a)(3), and aggravating factor six, N.J.S.A. 2C:44-1(a)(6). Defendant claims the judge impermissibly ... because 'there is a risk defendant will commit another offense.' N.J.S.A. 2C:44- 1(a)(3). The judge stated, 'defendant has ... of the offenses of which the defendant has been convicted.' N.J.S.A. 2C:44-1(a)(6). The judge stated that ...

docket:	a1158-19
court:	NJ Superior Court Appellate Division
decided:	2023-04-04
status:	Unpublished
citation:
Document Size:	54487

3599 DANIEL LYONS v. CATERPILLAR, INC., et al. -- rank: 821

... the applicability of contributory negligence and the Comparative Negligence Act, N.J.S.A. 2A:15-5.1 to -5.3, to the conduct ...

docket:	a7044-03
court:	njappellate
decided:	2005-12-12
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	81984

3600 US Bank National Association v. Maryse Guillaume -- rank: 821

... intention to foreclose, pursuant to the Fair Foreclosure Act (FFA), N.J.S.A. 2A:50-53 to -68. They also argued that they ... 1(a), the Guillaumes invoke the Fair Foreclosure Act (FFA), N.J.S.A. 2A:50-53 to -68, and the Truth in Lending ... to homeowners that immediate action is necessary to forestall foreclosure. N.J.S.A. 1:1-1. To the extent possible, the Court must ... other entity to which such residential mortgage is assigned.” N.J.S.A. 2A:50-55. That language clearly conveys the Legislature’s ... policy cancellation for the notice by registered mail mandated by N.J.S.A. 34:15-81, in reliance on “confusing advice” from ... notice of intention containing “all the information required by N.J.S.A. 2A:50-56,” should be served upon homeowner ...

docket:	A-11-11
court:	NJ Supreme Court
decided:	2012-02-27
status:
citation:	209 N.J. 449 38 A.3d 570
Document Size:	50374