Search Rutgers Law Library N.J. Court Opinions

37816 CLAIRE MORGAN v. DAVID GARBER -- rank: 587

... refusal to issue a jury instruction mirroring the language of N.J.S.A. 39:4-90 was appropriate. That statute governs conduct at ...

docket:	a4909-03
court:	njappellate
decided:	2006-01-20
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	51680

37817 CIT TECHNOLOGY FINANCING SERVICES, INC v. STARNET DESIGN AND LITHOGRAPH INC. -- rank: 587

... fraud and violation of the Uniform Fraudulent Transfer Act (UFTA), N.J.S.A. 25:2-20 to -34. In a third count, plaintiff ... pending payments to [SDL] pursuant to the [Purchase Agreement] under N.J.S.A. 2A:17-63," and "an assignment of [SDL's] rights and credits under the [Purchase Agreement] pursuant to N.J.S.A. 2A:17-59." In support, CIT attached portions of Arbolino ... judge did not err by denying CIT's motion "under N.J.S.A. 2A:17-59." We have considered the arguments in light ... to be levied upon is not subject to seizure under [ N.J.S.A. 2A:17-57 to -64]," because "it require[d] no ...

docket:	a4790-11
court:	New Jersey Superior Court Appellate Division
decided:	2013-06-21
status:	Published
citation:
Document Size:	17349

37818 STATE OF NEW JERSEY v. PHYLLIS L. KOCHERAN -- rank: 587

... in a one-count accusation with second-degree vehicular homicide, N.J.S.A. 2C:11-5(a). Her blood alcohol content at the ... as well as to a charge of driving while intoxicated, N.J.S.A. 39:4-50. In accordance with a negotiated plea agreement ... years' imprisonment subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, and dismissed three motor vehicle summonses ... three, four, seven, eight, nine, ten, eleven, and twelve under N.J.S.A. 2C:44-1(b) at the sentencing hearing. As to ... argue for a sentence in the third-degree range under N.J.S.A. 2C:44-1(f)(2). Judge Toto rejected those claims ...

docket:	a3150-20
court:	NJ Superior Court Appellate Division
decided:	2023-02-22
status:	Unpublished
citation:
Document Size:	13242

37819 STATE OF NEW JERSEY v. MARY ELLEN BARRETT -- rank: 587

... Kiseli arrested defendant and charged her with driving while intoxicated, N.J.S.A. 39:6B-2. Defendant was transported to police headquarters where ... so she could stop and then pick up the cigarette. N.J.S.A. 39:4-97 states, "A person who drives a vehicle ... defendant intoxicated while operating her vehicle within the meaning of N.J.S.A. 39:4-50. The trial court found: [P]ursuant to ...

docket:	A0063-05
court:	NJ Superior Court Appellate Division
decided:	2006-05-24
status:	unpublished
citation:
Document Size:	32673

37820 ROBERT ISETTS v. ANGELA ISETTS -- rank: 585

... enforcement during his period of Family Medical Leave pursuant to N.J.S.A. 2A:34-23(m) which provides, [w]hen assessing a ... of the court's discretion, assuming for purposes of argument, N.J.S.A. 2A:34-23(m) applies to a 2008 Agreement. But ...

docket:	a3799-15
court:	NJ Superior Court Appellate Division
decided:	2017-10-20
status:	unpublished
citation:
Document Size:	16388

37821 ESTATE OF PATRICIA QUINN v. MICHAEL F. QUINN -- rank: 585

... The Legislature would later codify precisely such a rule in N.J.S.A. 3B:3-14, providing that divorce automatically revokes the divorcing ...

docket:	a0855-13
court:	NJ Superior Court Appellate Division
decided:	2015-04-22
status:	unpublished
citation:
Document Size:	24617

37822 COUNTY OF HUDSON v. STATE OF NEW JERSEY, DEPARTMENT OF CORRECTIONS -- rank: 585

... not file a timely notice of claim as required by N.J.S.A. 59:13-5 and, on that ground, concluded that its ... entire action was barred by the Contractual Liability Act (CLA), N.J.S.A. 59:13-1 to -10. We conclude that Hudson complied ... under contracts authorized by the County Correctional Policy Act (CCPA), N.J.S.A. 30:8-16.3 to -16.12. Pursuant to both ... its two new county correctional facilities for state prisoners. See N.J.S.A. 59:13-5. While we agree that those claims were ... result in the submission of a claim against the State." N.J.S.A. 59:13-5. "[N]o notice of claim for breach ... claim" occurs on "the date on which the claim arose . . . ." N.J.S.A. 59:13-2. The Supreme Court has determined the ...

docket:	a3511-05
court:	njappellate
decided:	2007-06-28
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	27442

37823 STATE OF NEW JERSEY VS MICHAEL ROYAL WILDMAN -- rank: 585

... to a single count of theft by deception contrary to N.J.S.A. 2C:43-2a. Restitution in conjunction with a probationary or custodial term is an authorized sentence. N.J.S.A. 2C:43-2b(4).      N.J.S.A. 2C:43-3 directs that restitution may be ordered when ... his criminal conduct and a victim has suffered a loss. N.J.S.A. 2C:43-3e. This section also defines "victim" as "a ... case of a homicide, the nearest relative of the victim." N.J.S.A. 2C:44-2b directs that a sentencing judge shall impose ... is in the nature of a civil penalty authorized by N.J.S.A. 2C:43-2. Specifically, the County Prosecutor argues that ...

docket:	a1100-94
court:	njappellate
decided:	1997-01-23
status:	published
citation:	296 N.J.Super. 565
Document Size:	10424

37824 EDWARD G. SANTIAGO v. CITY OF PLAINFIELD -- rank: 585

... and the City of Plainfield, arguing the reassignment order violated N.J.S.A. 40A:14-118. N.J.S.A. 40A:14-118 provides, in pertinent part, "the chief of ... interfered with his duties as police chief in violation of N.J.S.A. 40A:14-118, and sought to restrain the Director from ... Id. at 59-60. The court found that by enacting N.J.S.A. 40A:14-118, "[t]he Legislature has vested municipal authorities ... the court stated, "one of the goals of the statute [ N.J.S.A. 40A:14-118] was to eliminate or prohibit undue interference ... the police department, and the challenged order did not violate N.J.S.A. 40A:14-118. Consequently, there was no valid basis ...

docket:	a2441-08
court:	superior court appellate division
decided:	2009-12-18
status:	unpublished
citation:
Document Size:	30714

37825 RENCOR INC. v. NORTH HUDSON SEWERAGE AUTHORITY, et al. -- rank: 585

... basis that the standards of the Local Public Contracts Law, N.J.S.A. 40A:11-1 to -51, had been violated. We affirm ... indicated in its bid that no subcontractors would be used ( N.J.S.A. 40A:11-16 did not mandate the naming of an ...

docket:	A1425-06
court:	NJ Superior Court Appellate Division
decided:	2007-05-15
status:	unpublished
citation:
Document Size:	35886

37826 IN THE MATTER CIVIL COMMITMENT OF N.W. -- rank: 585

... need of commitment pursuant to the Sexually Violent Predator Act, N.J.S.A. 30:4-27.24 to -27.38 (the SVPA). See N.J.S.A. 30:4-27.34a. N.W. appeals from an order ... parole ineligibility as prescribed by the No Early Release Act, N.J.S.A. 2C:43-7.2. In November 2002, shortly before N ...

docket:	a4937-05
court:	njappellate
decided:	2007-01-22
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	26380

37827 STATE OF NEW JERSEY v. MICHAEL A. LUTAWAN, JR -- rank: 585

... 157 worth of merchandise at the Boscov's Department Store, N.J.S.A. 2C:2-2b. Moreover, the shoplifting statute sets forth certain ... on the part of the person so concealing such merchandise. [ N.J.S.A. 2C:20-11d.]. These presumptions operate as permissive inferences. State ... the judge while reviewing the municipal court record. S ee N.J.S.A. 2C:20-11d. Although defendant wore the tie conspicuously, we ...

docket:	a0262-07
court:	superior court appellate division
decided:	2010-05-19
status:	Unpublished
citation:
Document Size:	33014

37828 Thisopinion shall not "constitute precedent or be binding upon any court Although it is posted on the internet, this opinion is binding only on the STATE OF NEW JERSEY v. JOHN D. GABRIELE, a/k/a JOHN TEMPLEMAN, a/k/a ROCCO MARONE a/k/a WILLIAM BUR -- rank: 585

... indicted for third-degree attempt to obtain CDS by fraud, N.J.S.A. 2C:35- 13, and third-degree uttering a forged instrument, N.J.S.A. 2C:21- 1(a)(3). Just before trial, defendant pled ... court gave 'substantial' weight to mitigating factor number twelve. See N.J.S.A. 2C:44-1(b)(12) ('The willingness of the defendant ...

docket:	a3129-15
court:	NJ Superior Court Appellate Division
decided:	2017-11-06
status:	unpublished
citation:
Document Size:	20718

37829 ANGEL R. GORSKI v. GREGORY R. YOUNG -- rank: 585

... circumstances, the judge also evaluated the best interest factors under N.J.S.A. 9:2-4, and concluded that a change in custody ...

docket:	a2707-08
court:	superior court appellate division
decided:	2010-01-08
status:	unpublished
citation:
Document Size:	30065

37830 STATE OF NEW JERSEY v. JOSEPH LIPHAM -- rank: 585

... found guilty of second degree attempted sexual assault, contrary to N.J.S.A. 2C:5-1 and 14-2c(1). Subsequent to his ... to one count of attempted aggravated sexual assault, contrary to N.J.S.A. 2C:5-1 and 14-2a. At sentencing, a seven ...

docket:	a5432-03
court:	njappellate
decided:	2006-01-20
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	39236