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40861 /usr/local/share/www/libweb/collections/courts/appellate/a4259-14.opn.html -- rank: 543

... of various offenses, the most serious being second-degree robbery, N.J.S.A. 2C:15-1(a)(1). He was sentenced to an ... eleven-year term subject to the No Early Release Act, N.J.S.A. 2C:43-7.2. On defendant's appeal, we affirmed ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	16441

40862 STATE OF NEW JERSEY v. DANIEL C. McALLISTER -- rank: 543

... our interpretation of this term. Galloway involved the interpretation of N.J.S.A. 2C:24-4a, which, at the time of Galloway's ... the State had not made this showing. Ibid. In giving N.J.S.A. 2C:24-4a this restrictive interpretation, the Court relied on ... 103 (2006). We conclude that these same principles preclude interpreting N.J.S.A. 2C:24-4a, which the Court interpreted in Galloway , with N.J.S.A. 2C:24-4a, a defendant could be convicted of the ... had "assumed responsibility" for the child's care. However, under N.J.S.A. 2C:24-4a, only a de jure parental relationship with ... victim will support a conviction for the elevated offense under N.J.S.A. 30:4C-26.4. We conclude that the term, " ...

docket:	a4604-04
court:	njappellate
decided:	2007-07-13
status:	published
citation:	394 N.J. Super. 571
Document Size:	15623

40863 THOMAS SHAPPELL v. BOARD OF TRUSTEES PUBLIC EMPLOYEES RETIREMENT SYSTEM -- rank: 543

... he was disabled as a result of the incident. See N.J.S.A. 43:15A-43 (permitting a member of PERS to retire ... for ordinary disability retirement benefits, effective January 1, 2009. See N.J.S.A. 43:15A-42 (permitting a member of PERS to retire ...

docket:	a3210-10
court:	NJ Superior Court Appellate Division
decided:	2012-07-18
status:	unpublished
citation:
Document Size:	15425

40864 GIUSEPPE RIBAUDO v. CITY OF GARFIELD -- rank: 543

... Claims Act provides immunity for public officials in certain circumstances. N.J.S.A. 59:3-2(a) provides, "[a] public employee is not ... from the exercise of judgment or discretion vested in him[.]" N.J.S.A. 59:3-3 provides that "[a] public employee is not ... officials falls into the public employee immunity exception contained in N.J.S.A. 59:3-14. We disagree. N.J.S.A. 59:3-14 provides: a. Nothing in this act shall ... that the actions of defendants should not be subject to N.J.S.A. 59:2-3(a) immunity. Affirmed. 1 Documents in this ...

docket:	a5040-11
court:	New Jersey Superior Court Appellate Division
decided:	2013-07-17
status:	Published
citation:
Document Size:	14239

40865 STATE OF NEW JERSEY v. LEON NELSON -- rank: 543

... and was also found guilty of third-degree criminal restraint, N.J.S.A. 2C:13-2. He was acquitted of third-degree threatening ... parole ineligibility pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, and a concurrent five-year term ...

docket:	A2110-05
court:	NJ Superior Court Appellate Division
decided:	2008-03-27
status:	unpublished
citation:
Document Size:	33275

40866 AVALON BAY COMMUNITIES INC d/b/a AVALON RUN EAST v. DOROTHY JACKSON -- rank: 543

... cannot find that defendant has met this standard. Pursuant to N.J.S.A. 2A:18-61.1a, a trial court may enter a ... ABC instituted its action for possession on December 21, 2011. N.J.S.A. 2A:42-9 provides that a possession action shall be ... she sought a hardship stay of her eviction pursuant to N.J.S.A. 2A:42-10.1. At that point, she owed ABC ...

docket:	a2816-11
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	16039

40867 IN THE MATTER CIVIL COMMITMENT OF E.Z.C. -- rank: 543

... sexually violent predator under the Sexually Violent Predator Act (SVPA), N.J.S.A. 30:4-27.24 to -27.38. He was initially ... 1997, on two counts of sexual assault, in violation of N.J.S.A. 30:4-27.26. "[T]he State must prove [a ...

docket:	A1453-06
court:	NJ Superior Court Appellate Division
decided:	2007-05-03
status:	unpublished
citation:
Document Size:	27347

40868 IN RE APPLICATION OF DENNIS PETERSON FOR FIREARMS -- rank: 543

... from the Prevention of the Domestic Violence Act of 1991, N.J.S.A. 2C:25-17, and that the forfeiture of the firearms was pursuant to the criminal code statute of N.J.S.A. 2C:25-21 as well as the Firearm Licensing Act ... to the enactment of the statute. We reject the argument. N.J.S.A. 2C:58-3 is a regulatory statute controlling the possession ...

docket:	a3699-06
court:	njappellate
decided:	2008-02-11
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	22237

40869 IN THE MATTER OF ARTHUR SCHREPPEL -- rank: 543

... at its determination. Pursuant to the Administrative Procedure Act (APA), N.J.S.A. 52:14B-1 to -24, "an agency upon the request ... any statute or rule enforced or administered by that agency." N.J.S.A. 52:14B-8. Loigman's complaint essentially asks the Board ...

docket:	A2813-04
court:	NJ Superior Court Appellate Division
decided:	2005-12-12
status:	unpublished
citation:
Document Size:	30454

40870 STATE OF NEW JERSEY, IN THE INTEREST OF M.C. -- rank: 543

... if committed by an adult would constitute third- degree arson, N.J.S.A. 2C:17-3. Since the judge erred in finding defendant ... element proof that the accused "purposely start[ed] a fire." N.J.S.A. 2C:17-1b. The trial judge found M.C. guilty ... hardly be said that it was started with his assent.      N.J.S.A. 2C:17-2b provides, "A person who recklessly causes widespread ... criminal mischief, M.C. was found guilty of damaging property. N.J.S.A. 2C:17-3. Although the judge does not say so ...

docket:	a5799-98
court:	njappellate
decided:	2000-12-05
status:	published
citation:	335 N.J.Super. 325
Document Size:	9317

40871 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 parties in the case and its use in other cases is limited. R.1:36-3 STATE OF NEW JERSEY v. -- rank: 543

... with intent to distribute within 1000 feet of school property. N.J.S.A. 2C:35-7 and 2C:35-5(a)(1). In ...

docket:	a1181-15
court:	NJ Superior Court Appellate Division
decided:	2017-06-07
status:	unpublished
citation:
Document Size:	17341

40872 IN THE MATTER OF THE CIVIL COMMITMENT OF R.M.W. -- rank: 543

... need of commitment under the Sexually Violent Predator Act (SVPA), N.J.S.A. 30:4-27.24 to -27.38. See N.J.S.A. 30:4-37.35. That order continued his commitment and ...

docket:	a4419-06
court:	njappellate
decided:	2007-11-15
status:	published
citation:	*CITE_PENDING*
Document Size:	25974

40873 IN THE MATTER OF THE CIVIL COMMITMENT OF M.M. -- rank: 543

... Special Treatment Unit under the Sexually Violent Predator Act (SVPA), N.J.S.A. 30:4-27.24 to  27.38. We affirm. The ... confined in a secure facility for control, care and treatment." N.J.S.A. 30:4-27.26. Courts are authorized to order the ... person needs continued involuntary commitment as a sexually violent predator." N.J.S.A. 30:4-27.32(a). The Court has explained the ...

docket:	a4762-08
court:	superior court trial
decided:	2011-03-01
status:	Published
citation:
Document Size:	15065

40874 STATE OF NEW JERSEY v. BONNIE WILLNER -- rank: 543

... endanger, or be likely to endanger, a person or property." N.J.S.A. 39:4-97. To the officer, defendant said merely that ... negligence itself, even if proved, cannot support a conviction under N.J.S.A. 39:4-97. However, in Eaton v. Eaton , 119 N ... related context, the Supreme Court explained "the plain language of N.J.S.A. 39:4-97 prohibits negligent driving. Proof of the violation ... statute is proof of negligence itself. The reason is that N.J.S.A. 39:4-97 incorporates the common law standard of care ...

docket:	a3547-10
court:	NJ Superior Court Appellate Division
decided:	2011-11-16
status:	unpublished
citation:
Document Size:	13426

40875 IN THE MATTER OF FLORENCE SIEGAL -- rank: 543

... arrested and charged with neglect of the elderly, contrary to N.J.S.A. 2C:24-8. Barbara was also charged with resisting arrest, contrary to N.J.S.A. 2C:29-2. Howard arrived at the scene, was advised ... was arrested and charged with obstruction of justice, contrary to N.J.S.A. 2C:29-1, and hindering apprehension, contrary to N.J.S.A. 2C:29-3. Florence was taken to Newark Beth Israel ...

docket:	a6256-06
court:	njappellate
decided:	2008-06-27
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	29544