Search Rutgers Law Library N.J. Court Opinions

3991 GREGORY BATTLE v. HANNAH ALGEE -- rank: 817

... under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), N.J.S.A. 2A:34-54 to -95. Plaintiff cross-appeals from the ... finding New Jersey 'lack[ed] jurisdiction to' do so under N.J.S.A. 2A:34-80,2 and, because New 1 In a ... the denial of emergent relief under this second order. 2 N.J.S.A. 2A:34-80(b) states, '[a] court of this State ... for addressing the issue of custody and parenting time under N.J.S.A. 2A:34-71.'3 In a written opinion accompanying the ... reasonably anticipate being called into court in this state.' 3 N.J.S.A. 2A:34-71(a) provides, in part: A court of ... Jersey had jurisdiction to enforce the Pennsylvania orders pursuant to N.J.S.A. 2A:34-77.4 After reminding the parties the ...

docket:	a3658-21
court:	NJ Superior Court Appellate Division
decided:	2024-01-10
status:	Unpublished
citation:
Document Size:	41627

3992 STATE OF NEW JERSEY v. ALLATEEF LIVINGSTON -- rank: 817

... jury returned an indictment charging defendant with first-degree murder, N.J.S.A. 2C:11-3(a)(1), (2); third-degree possession of a weapon without a permit, N.J.S.A. 2C:39-5(b); 1 second-degree possession of a handgun for unlawful purposes, N.J.S.A. 2C:39-4(a); fourth- degree unlawful possession of a large capacity ammunition magazine, N.J.S.A. 2C:39-3(j); and third-degree unlawful possession of an assault firearm, N.J.S.A. 2C:39-5(f). After a ten-day trial and ... convicted him of the lesser-included offense of aggravated manslaughter, N.J.S.A. 2C:11-4(a)(1), and all the remaining ...

docket:	a2189-10
court:	NJ Superior Court Appellate Division
decided:	2014-01-17
status:	unpublished
citation:
Document Size:	78600

3993 E.S.K v. M.K -- rank: 817

... entered under the Prevention of Domestic Violence Act (the Act), N.J.S.A. 2C:25-17 to -35, based on predicate acts of simple assault, N.J.S.A. 2C:12-1(a), and harassment, N.J.S.A. 2C:33-4.1 Defendant also appeals from a September ... to include plaintiff's girlfriend as a protected party under N.J.S.A. 2C:25-29(b)(7). I. We summarize the facts ... that finding, the court considered the factors set forth in N.J.S.A. 2C:25-29(a)(1) to (6). In particular, the ... apply for attorney's fees and costs in accordance with N.J.S.A. 2C:25-29(b)(4). Plaintiff then filed an ...

docket:	a3835-21
court:	NJ Superior Court Appellate Division
decided:	2024-02-13
status:	Unpublished
citation:
Document Size:	37945

3994 STATE OF NEW JERSEY v. MICHAEL J. REILLY -- rank: 817

... Law Division found defendant guilty of driving while intoxicated (DWI), N.J.S.A. 39:4-50, DWI with a minor in the motor vehicle, N.J.S.A. 39:4-50.15; possessing an open container of an alcoholic beverage in a motor vehicle, N.J.S.A. 39:4-51b; and delaying traffic, N.J.S.A. 39:4-56. We affirm. We derive our facts from ... was given the benefit of the 'step down' provision in N.J.S.A. 39:4- 50(a)(3). A-0952-19 8 Defendant ... the application, the judge stated: 4 On August 23, 2019, N.J.S.A. 39:4-50 was amended to expand the use ...

docket:	a0952-19
court:	NJ Superior Court Appellate Division
decided:	2021-03-03
status:	Unpublished
citation:
Document Size:	45982

3995 JOSEPH PANETTA v. EQUITY ONE, INC. -- rank: 817

... the conveyance included only the upland property. We reverse because N.J.S.A. 46:3-16 mandates that deeds be construed to include ... had not already resolved this issue in our opinion, that N.J.S.A. 46:3-16 did not require a construction of the ... FOCUSING ON THE WRONG INSTRUMENT TO DETERMINE THE APPLICABILITY OF N.J.S.A. 46:3-16 AND INCORRECTLY HELD THAT N.J.S.A. 46:3-16 DOES NOT APPLY TO APPURTENANCES AS A ... that the scope of the deed was not governed by N.J.S.A. 46:3-16 but by the parties' actual intentions, and (c) by operation of law, N.J.S.A. 46:3-16 requires an interpretation of the deed ...

docket:	a6813-03
court:	njappellate
decided:	2005-06-15
status:	published
citation:	378 N.J. Super. 298
Document Size:	107052

3996 STATE OF NEW JERSEY v. JOSEPH M. GRATACOS -- rank: 817

... defendant Joseph M. Gratacos was convicted of third-degree burglary, N.J.S.A. 2C:18-2 (count one); the lesser included disorderly person's offense of theft by unlawful taking, N.J.S.A. 2C:20-3 (count two); and fourth-degree hurling bodily fluids at a law enforcement officer, N.J.S.A. 2C:12-13 (count three). 1 Defendant was sentenced to ... four aggravating factors: the risk defendant will commit another offense, N.J.S.A. 2C:44-1a(3), given his thirty-year criminal history ... extent and seriousness of the defendant's prior criminal record N.J.S.A. 2C:44-1a(6), which included six prior indictable offenses ... for deterring the defendant and others from violating the law, N.J.S.A. 2C:44-1a(9). As to count three the ...

docket:	a1116-10
court:	NJ Superior Court Appellate Division
decided:	2012-04-19
status:	unpublished
citation:
Document Size:	44398

3997 /usr/local/share/www/libweb/collections/courts/appellate/a4777-18.opn.html -- rank: 817

... findings on all four prongs of the best interests standard. N.J.S.A. 30:4C-15.1(a). The Law Guardian joins the ... Division met all four prongs of the best interests standard. N.J.S.A. 30:4C-15.1(a)(1)-(4). The court noted ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] A-4777-18T3 22 Applying ... were met: Richard endangered Heather's 'safety, health or development,' N.J.S.A. 30:4C-15.1(a)(1), and the harm is ... development 'has been . . . endangered' 'or will continue to be endangered.' N.J.S.A. 30:4C-15.1(a)(1). A-4777-18T3 24 ... of parental rights would not cause more harm than good. N.J.S.A. 30:4C-15.1(a)(4). The judge recognized ...

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3998 STATE OF NEW JERSEY v. KALIN SPANN -- rank: 817

... defendant Kalin Spann for second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1 (count one); second-degree robbery, N.J.S.A. 2C:15-1 (count two); and second-degree eluding the ... creating a risk of death or injury to another person, N.J.S.A. 2C:29-2b (count three). The charges stem from defendant ... of third-degree conspiracy to commit theft by unlawful taking, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:20-3. At sentencing, Judge Bernstein merged count ...

docket:	a4636-08
court:	NJ Superior Court Appellate Division
decided:	2011-07-12
status:	unpublished
citation:
Document Size:	56766

3999 /usr/local/share/www/libweb/collections/courts/appellate/a5128-18.opn.html -- rank: 817

... degree simple possession of a controlled dangerous substance (CDS), heroin, N.J.S.A. 2C:35-10(a); third- degree possession of a CDS with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and (b)(3); third-degree ... to distribute while within 1,000 feet of a school, N.J.S.A. 2C:35-7(a); second-degree possession of a CDS ... to distribute while within 500 feet of certain public property, N.J.S.A. 2C:35-7.1(a); second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b); fourth-degree unlawful possession of hollow nose bullets, N.J.S.A. 2C:39-3(f); fourth-degree resisting arrest, N. ...

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4000 AMANDA MASTONDREA v. OCCIDENTAL HOTELS MANAGEMENT S.A. -- rank: 817

... amount of damages. New Jersey, in contrast, recognizes comparative negligence, N.J.S.A. 2A:15-5.1, and does not statutorily restrict compensatory ...

docket:	a6412-05
court:	njappellate
decided:	2007-03-09
status:	published
citation:	391 N.J. Super. 261
Document Size:	107216

4001 STATE OF NEW JERSEY v. CHRISTIAN CORTES -- rank: 817

... on July 15, 2017, defendant was charged with attempted murder, N.J.S.A. 2C:5-1(a)(1) and 2C:11-3(a)(1); second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b)(1); and second-degree possession 1 ... 0505-19 3 of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a)(1). Defendant remained in custody at ... at the MCDC adding the charge of first-degree murder, N.J.S.A. 2C:11-3(a)(1). On July 17, 2018, a ... 1061 charging defendant with: first-degree purposeful or knowing murder, N.J.S.A. 2C:11-3(a)(1) and/or (2) (count one ... second-degree unlawful possession of a handgun without a permit, N.J.S.A. 2C:39-5(b) and 2C:2-6 (count ...

docket:	a0505-19
court:	NJ Superior Court Appellate Division
decided:	2021-04-19
status:	Unpublished
citation:
Document Size:	43129

4002 RCN TELECOM SERVICES, INC. v. DIRECTOR, DIVISION OF TAXATION -- rank: 817

... is a proper party to seek a refund pursuant to N.J.S.A. 54:32B-8.13(c); and, if so (2) that ... that RCN Telecom is ineligible to seek a refund pursuant N.J.S.A. 54:32B-8.13(c); and, should the court find ... that RCN Telecom has failed to satisfy the elements of N.J.S.A. 54:32B-8.13(c) and therefore is not entitled ... be a proper party to seek a refund pursuant to N.J.S.A. 54:32B-8.13(c), however, genuine issues of material ... to whether RCN Telecom has satisfied all the elements of N.J.S.A. 54:32B-8.13(c) to be entitled to a ... that creates a genuine issue for a material fact. Ibid. N.J.S.A. 54:32B-20(a) It has been held that ...

docket:	00161-07
court:
decided:	2010-06-14
status:
citation:
Document Size:	65417

4003 KAREN WOOD v. NEW JERSEY MANUFACTURERS INSURANCE COMPANY -- rank: 817

... a matter presided over by that same trial judge. See N.J.S.A. 2A:15-49 (providing that a judge is not disqualified ...

docket:	a1768-08
court:	superior court appellate division
decided:	2010-07-28
status:	unpublished
citation:
Document Size:	117378

4004 ALPERT, GOLDBERG, BUTLER NORTON & WEISS, P.C. v. MICHAEL QUINN -- rank: 817

... pre-action notice pursuant to Rule 1:20A-6 and N.J.S.A. 2A:13-6 to defendants, together with the notice of ... conform with the requirements of the Affidavit of Merit statute, N.J.S.A. 2A:53A-26 to -29. Because A.G. filed its ... of merit, as required by the Affidavit of Merit statute, N.J.S.A. 2A:53A-27, was not supplied by defendants, as well ... J. Super. 176 , 181 (App. Div. 1994), superseded by statute , N.J.S.A. 39:6A-4.3, as recognized by David v. Gov ...

docket:	a5503-07
court:	superior court appellate division
decided:	2009-11-24
status:	published
citation:	410 N.J. Super. 510 983 A.2d 604
Document Size:	138269

4005 P.V.P. v. F.J.C. -- rank: 817

... in a prompt determination of custody and parenting time disputes. N.J.S.A. 9:2-4(c) expressly protects a child's interests ... J. Super. at 65 (internal brackets and citation omitted) (quoting N.J.S.A. 9:2-4). J.C.'s interests include the love ...

docket:	a2859-14
court:	NJ Superior Court Appellate Division
decided:	2016-04-13
status:	unpublished
citation:
Document Size:	53921