Search Rutgers Law Library N.J. Court Opinions

4231 MAURICE B. HILL, JR v. BOARD OF TRUSTEES PUBLIC EMPLOYEES RETIREMENT SYSTEM -- rank: 815

... Employees' Retirement System (PERS). This case requires us to interpret N.J.S.A. 43:15A-7.5, a statute allowing certain elected officials ... enacted in 2007, to re-enroll in PERS. We hold N.J.S.A. 43:15A-7.5 applies only to elected officials who ... PERS. L. 2007, c. 92 (Chapter 92). Among them was N.J.S.A. 43:15C-2(a)(1), which precludes elected officials from ... as long as they continue to hold the same office. N.J.S.A. 43:15C-2(a)(1). Those elected after July 1 ... In 2017, the Legislature enacted amendments to Chapter 92, including N.J.S.A. 43:15A-7.5, which reads as follows: a. The ... to the Division to enroll Hill in PERS, pursuant to N.J.S.A. 43:15A-7.5. The Division denied the request ...

docket:	a1415-21
court:	NJ Superior Court Appellate Division
decided:	2023-04-26
status:	Unpublished
citation:
Document Size:	33970

4232 ROSE BLACK VS JOSEPH & JOAN WALKER, ET AL -- rank: 815

... the period for which support is sought until otherwise shown. [ N.J.S.A. 2A:4-30.31.] The Act also provides procedures by ... Court declared, in the context of a divorce: ��������The statute [ N.J.S.A. 2A:34-23] does not deal in explicit terms with ... v. Grotsky , 58 N.J. 354 , 357 (1971).] Reasoning that N.J.S.A. 2A:34-23 should be liberally construed, the Court held ...

docket:	a6655-94
court:	njappellate
decided:	1996-11-25
status:	published
citation:	295 N.J.Super. 244
Document Size:	45673

4233 STATE OF NEW JERSEY v. ROGER COVIL -- rank: 815

... with first degree possession of cocaine with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(1), (count one); second degree conspiracy to distribute cocaine, N.J.S.A. 2C:5-2 (count two); and fourth degree resisting arrest, N.J.S.A. 2C:29-2a (count three). After the court denied his ... persons offense of possession with intent to use drug paraphernalia, N.J.S.A. 2C:36-2. After merging this offense with the first ... State's motion to impose a discretionary extended term under N.J.S.A. 2C:43-6(f). The judge sentenced defendant to ...

docket:	a0802-14
court:	NJ Superior Court Appellate Division
decided:	2018-04-30
status:	unpublished
citation:
Document Size:	147015

4234 STATE OF NEW JERSEY v. ISMAEL BINBOW -- rank: 815

... the jury convicted defendant of third-degree possession of heroin, N.J.S.A. 2C:35-10(a)(1) (count one) 3 ; second-degree ... less than five ounces of heroin with intent to distribute, N.J.S.A. 2C:35-5(b)(2) (count two); third-degree possession ... intent to distribute within one-thousand feet of school property, N.J.S.A. 2C:35-7 (count three); second-degree possession of heroin ... to distribute within five-hundred feet of a public park, N.J.S.A. 2C:35-7.1 (count four); second-degree distribution of ... one-half ounce and less than five ounces of heroin, N.J.S.A. 2C:35-5(b)(2) (count five); second-degree distribution of heroin within one-thousand feet of school property, N.J.S.A. 2C:35-7 (count six); third-degree distribution of ...

docket:	a2804-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-07
status:	unpublished
citation:
Document Size:	58383

4235 /usr/local/share/www/libweb/collections/courts/tax/06799-08.opn.html -- rank: 815

... including approvals necessary under the Coastal Area Facility Review Act, N.J.S.A. 13:19-1 to -21. Nor does the record contain ... for tax year 2009. D. Applying Chapter 123 . Pursuant to N.J.S.A. 54:51A-6a, commonly known as Chapter 123, in a ... common level range. The common level range is defined by N.J.S.A. 54:1-35a(b) as “that range which is ... Div. 1989). There are two added assessment statutes. The first, N.J.S.A. 54:4-63.2, provides for the making of an ... following completion through December 31. The second added assessment statute, N.J.S.A. 54:4-63.3, allows for an added assessment where ... following January 1 and October 1 of the tax year. N.J.S.A. 54:4-63.3 provides that the assessor, after ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	67123

4236 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. J.E.W. -- rank: 815

... 161 N.J. at 347 (second alteration in original) (quoting N.J.S.A. 30:4C-1(a)). "Parental rights, though fundamentally important, are ... the child's best interest to preserve the family unit." N.J.S.A. 30:4C-1(a). The New Jersey Supreme Court has ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] "The statute requires that the ... establish each of the four statutory factors set forth in N.J.S.A. 30:4C-15.1(a). We cannot agree. J.W ... PROVE BY CLEAR AND CONVINCING EVIDENCE THE STATUTORY REQUIREMENTS OF N.J.S.A. 30:4C-15.1. POINT I(A) : DYFS FAILED TO ... the court's analysis under the first two prongs of N.J.S.A. 30:4C-15.1(a). While the court noted ...

docket:	a3135-09
court:	superior court appellate division
decided:	2010-11-24
status:	unpublished
citation:
Document Size:	73692

4237 E.S., v. BRUNSWICK INVESTMENT LIMITED PARTNERSHIP -- rank: 815

... and Barbara; violated the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -50; violated the Child Sexual Abuse Act (CSAA), N.J.S.A. 2A:61B-1; and was vicariously liable under the doctrine ... to actions brought under CEPA [the Conscientious Employee Protection Act, N.J.S.A. 34:19-1 to -14].' 138 N.J. 405, 417 ...

docket:	a3372-18
court:	NJ Superior Court Appellate Division
decided:	2021-08-27
status:	Published
citation:
Document Size:	58119

4238 ALAN O\'SHEA v. NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY -- rank: 815

... For the Schools Construction Program, pursuant to its enabling legislation. N.J.S.A. 52:18A-235 to -259 (Act). We hold that with ... a subsidiary of the New Jersey Economic Development Authority. See N.J.S.A. 52:18A-235. The SCC was abolished in 2007 when the Educational Facilities Construction and Financing Act (EFCFA), N.J.S.A. 18A:7G-1 to -48, was amended. The duties previously ... performed by the SCC were transferred to the Authority. See N.J.S.A. 52:18A-247. The Authority's primary function is to ... should be achieved in as efficient a manner as possible." N.J.S.A. 18A:7G-3 and N.J.S.A. 52:18A-236 (emphasis added).] The Authority is permitted "[ ...

docket:	a3943-08
court:	superior court appellate division
decided:	2010-04-07
status:	unpublished
citation:
Document Size:	87112

4239 /usr/local/share/www/libweb/collections/courts/appellate/a-67-20-a-37-21.opn.html -- rank: 815

... parole-ineligibility term, pursuant to the No Early Release Act, N.J.S.A. 2C:43-7.2. C. Defendant appealed his conviction, submitting ... is codified by statute and the Rules of Evidence. See N.J.S.A. 2A:84A-19; N.J.R.E. 503. In Miranda ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	73793

4240 ANDRIS ARIAS VS. COUNTY OF BERGEN -- rank: 815

... 2 County asserted immunity under the Landowners Liability Act (LLA), N.J.S.A. 2A:42A-2 to -10. The County argued the LLA ... such property for recreational activities and are immune from suit. N.J.S.A. 2A:42A-3. Specifically, the LLA states: Except as provided in [N.J.S.A. 2A:42A-4]: a. An owner, lessee or occupant of ... activity on such premises to persons entering for such purposes. [N.J.S.A. 2A:42A-3(a).] It is well established that this ... to keep the premises safe or to warn of danger. [N.J.S.A. 2A:42A-4.] The LLA defines '[s]port and recreational ... activity including practice and instruction in any of the activities.' N.J.S.A. 2A:42A-2. The Legislature provided the LLA 'shall ...

docket:	a2574-22
court:	appellate
decided:	2024-06-12
status:	Unpublished
citation:
Document Size:	53701

4241 NEW YORK SMSA LIMITED PARTNERSHIP v. BOROUGH OF MIDLAND PARK ZONING BOARD OF ADJUSTMENT -- rank: 815

... LLC (T-Mobile) 1 for use and height variances under N.J.S.A. 40:55D-70(d)(1) and d(6). The Board ... failed to reach the carriers' application for bulk variances under N.J.S.A. 40:55D-70(c)(2), and for site plan approval ... the standard for adoption of a c(2) variance. See N.J.S.A. 40:55D-70(c)(2). The proposed installation would locate ... advance the purposes of the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 to -163. The plan would "permit[] a ... the use variance. An applicant for a use variance under N.J.S.A. 40:55D-70(d) must show the variance "can be ... and the purpose of the zone plan and zoning ordinance." N.J.S.A. 40:55D-70(d). Consequently, the applicant must satisfy ...

docket:	a5070-11
court:	NJ Superior Court Appellate Division
decided:	2013-12-11
status:	unpublished
citation:
Document Size:	69394

4242 State v. Joseph M. Jaffe -- rank: 815

... analysis of the aggravating and mitigating factors set forth in N.J.S.A. 2C:44-1.” 210 N.J. 330, 348 (2012 ... psychiatric, employment, personal, and family history. Id. at 346 (citing N.J.S.A. 2C:44-6(a), (b)). Thus, while the judge � ... possess cocaine with the intent to distribute, in violation of N.J.S.A. 2C:5-2 and N.J.S.A. 2C:35-5(a)(1), and to cooperate with the ... s conduct was the result of circumstances unlikely to recur, N.J.S.A. 2C:44-1(b)(8), his character and attitude demonstrated that he was unlikely to commit another offense, N.J.S.A. 2C:44-1(b)(9), he was likely to ...

docket:	A-12-13
court:	NJ Supreme Court
decided:	2014-12-15
status:
citation:
Document Size:	61768

4243 IN THE MATTER OF THE INVESTIGATION OF BURGLARY AND THEFT -- rank: 815

... the New Jersey DNA Database and Databank Act of 1994, N.J.S.A. 53:1-20.17 to -20.26 ('the DNA Act ... is stored and maintained in the State DNA databank. See N.J.S.A. 53:1-20.21. The enumerated 'mandatory' offenses requiring a ... person to submit a DNA sample are set forth in N.J.S.A. 53:1-20.20(a) to (i). Subsections (a) to ... delinquent of serious sexual offenses to submit a DNA sample. N.J.S.A. 53:1-20.20(a) to (c). Subsections (d) through ... of any of these crimes, to submit a DNA sample. N.J.S.A. 53:1-20.20(d) to (f). Subsections (g) and ... specified disorderly person offense' to submit a DNA sample. 4 N.J.S.A. 53:1- 20.20(g) to (h). The statute ...

docket:	a0228-18
court:	NJ Superior Court Appellate Division
decided:	2018-11-28
status:	Unpublished
citation:
Document Size:	40430

4244 /usr/local/share/www/libweb/collections/courts/appellate/a3514-17.opn.html -- rank: 815

... jury and sentences for first-degree murder, in violation of N.J.S.A. 2C:11-3(a)(1) (count one); second-degree possession ... of a weapon for an unlawful purpose, in violation of N.J.S.A. 2C:39-4(a) (count two); second-degree unlawful possession of a weapon, in violation of N.J.S.A. 2C:39-5(b) (count three); and second-degree certain persons not to have a weapon, in violation of N.J.S.A. 2C:39-7(b)(1) (count seven). Under the same ... period of parole ineligibility under the No Early Release Act, N.J.S.A. 2C:43-7.2, on count one; a concurrent eight ... four-year period of parole ineligibility under the Graves Act, N.J.S.A. 2C:43-6, on count three; and a consecutive ...

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Document Size:	47254

4245 STATE OF NEW JERSEY v. H.C.L.. -- rank: 815

... of the lesser- included offense1 of second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1) (count one); second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b) (count two); third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4A (count three); second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a) (count four); and third-degree endangering ... of imprisonment subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, concurrent to five years imprisonment on ... originally charged in that count with first-degree attempted murder, N.J.S.A. 2C:5-1 and 2C:11-3. 2 We ...

docket:	a1797-15
court:	NJ Superior Court Appellate Division
decided:	2018-05-11
status:	unpublished
citation:
Document Size:	95146