Search Rutgers Law Library N.J. Court Opinions

4306 STATE OF NEW JERSEY v. R.P.M. -- rank: 815

... charged with third-degree neglect of the elderly or disabled, N.J.S.A. 2C:24-8(a). Defendant applied for PTI. The prosecutor ... offense as a crime "of an assaultive or violent nature," N.J.S.A. 2C:43-12(e)(10) (factor (10)), and had failed ... he desire of the complainant or victim to forego prosecution," N.J.S.A. 2C:43-12(e)(4) (factor (4)). The court remanded ... Point II — [The trial court] erred in finding that N.J.S.A. 2C:43-12( e )(10) was not implicated as a ... standard of review. III. The PTI program is governed by N.J.S.A. 2C:43-12 to -22, Rule 3:28, and the ... Nwobu , supra , 139 N.J. at 248 (footnote omitted).] Likewise, " N.J.S.A. 2C:43-12(e) lists seventeen non-exclusive factors ...

docket:	a1605-15
court:	NJ Superior Court Appellate Division
decided:	2016-09-15
status:	unpublished
citation:
Document Size:	43095

4307 STATEOF NEW JERSEY v. SYREE HAKINS a/k/a ROBERT TAYLOR and TAYLOR RASHEED -- rank: 815

... defendant was charged with the following crimes: first-degree racketeering, N.J.S.A. 2C:41-2(c) and (d) (count one); first- degree promoting organized street crime, N.J.S.A. 2C:33-30 (count three); first-degree conspiracy to murder Devin Thompson, N.J.S.A. 2C:5-2 and 2C:11-3(a) (count four); first-degree murder of Thompson, N.J.S.A. 2C:11-3(a)(1) and (2) (count five); first- degree attempted murder of C.W., N.J.S.A. 2C:5-1 and 2C:11-3 (count six); and second-degree aggravated assault of C.W., N.J.S.A. 2C:13-1(b)(1) (count seven). The facts ...

docket:	a1529-16
court:	NJ Superior Court Appellate Division
decided:	2018-02-23
status:	unpublished
citation:
Document Size:	100040

4308 EDWARD JACKUS v. CITY OF ELIZABETH BOARD OF EDUCATION -- rank: 815

... drills, but certified the elementary school was fully compliant with N.J.S.A. 18A:41-1, which requires the principal of a school ... presented to the Commissioner, who has primary jurisdiction pursuant to N.J.S.A. 18A:6-9. Thus, it urged plaintiff's failure to ... and its statutory authority to effectuate a reduction in force, N.J.S.A. 18A:28-9, could not be superseded by the agreement ... agreement was not made pursuant to school policy," and therefore, N.J.S.A. 18A:28-9 did not shield defendant. Further, the motion ... education is governed by New Jersey's Education Law (NJEL), N.J.S.A. 18A:1-1 to :76-4. The statutory scheme establishes ... the local public school districts rests with boards of education. N.J.S.A. 18A:10-1. Among their responsibilities, school boards are ...

docket:	a0993-10
court:	NJ Superior Court Appellate Division
decided:	2011-03-09
status:	unpublished
citation:
Document Size:	52346

4309 Arthur Wildoner v. The Borough of Ramsey -- rank: 815

... arrest under New Jersey's Prevention of Domestic Violence Act, N.J.S.A. 2C: 25-17 to -33 (Act). The issue arises in ... effectuate an arrest under the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -33 (the “Act” or “Domestic Violence ... an ambulance.     A criminal complaint charging simple assault pursuant to N.J.S.A. 2C:25-21 of the Domestic Violence Act. By order ... 1993, plaintiff filed a timely Notice of Claim pursuant to N.J.S.A. 59:8-4. On September 14, 1995, plaintiff filed this ... ambulance. Plaintiff denies .         13.    A criminal complaint charging simple assault ( N.J.S.A. 59:2-1, 3-3, and 9-2(d).     Plaintiff ... a properly supported motion for summary judgment or dismissal.     B. N.J.S.A. 59:3-3 of the Tort Claims Act     Plaintiff ...

docket:	a-74-98
court:	njsupreme
decided:	2000-01-31
status:
citation:	162 N.J. 375
Document Size:	66107

4310 ARTHUR G. MONTO, Jr., et al. v. TOWNSHIP OF SPARTA, FREDERICK GEFFKEN, JEFFREY NAFIS, MARK ROZEK, et al. -- rank: 815

... their complaint filed under the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -14, against defendants Township of Sparta ... Educ. , 139 N.J. 405 , 431 (1994)). CEPA, codified in N.J.S.A. 34:19-3, reads in relevant part: An employer shall ... he or she performed a "whistle-blowing" activity described in N.J.S.A. 2C:14-4. In this case, assuming plaintiffs' allegations are ... public health, safety or welfare or protection of the environment. [ N.J.S.A. 34:19-3.] In Mehlman , supra , the court recognized the ... Township Police Department." To support this contention, plaintiffs first cite N.J.S.A. 40A:14-118, authorizing a municipality to create a police ... authority to execute properly their constitutional and statutory responsibili-ties. [ N.J.S.A. § 11A:1-2b (emphasis added).] Recognizing the unique and ...

docket:	A0279-06
court:	NJ Superior Court Appellate Division
decided:	2007-12-24
status:	unpublished
citation:
Document Size:	120270

4311 MARCELLA SIMADIRIS v. PATERSON PUBLIC SCHOOL DISTRICT -- rank: 815

... appeal pits that part of the Tenured Employees Hearing Law, N.J.S.A. 18A:6-10 to -25, which declares that a charge ... tenured employee 'shall not' be discussed 'at a public meeting,' N.J.S.A. 18A:6-11, with that part of the Open Public Meetings Act, N.J.S.A. 10:4-6 to - 21, which permits a public body ... writing that the matter. be discussed at a public meeting,' N.J.S.A. 10:4-12(b)(8). The district relies on a ... as the litigants. A-0197-19T3 2 express language of N.J.S.A. 18A:6-11 controls. Plaintiff believes Cirangle's interpretation should ... so demands. We reject plaintiff's argument and conclude that N.J.S.A. 18A:6-11 unambiguously barred the board of education ...

docket:	a0197-19
court:	NJ Superior Court Appellate Division
decided:	2021-01-21
status:	Published
citation:
Document Size:	29731

4312 /usr/local/share/www/libweb/collections/courts/appellate/a5070-17.opn.html -- rank: 815

... was charged in an indictment with: (1) first-degree murder, N.J.S.A. 2C:11-3(a)(1) or N.J.S.A. 2C:11-3(a)(2) (count one); (2) first-degree felony murder, N.J.S.A. 2C:11-3(a)(3) (count two); (3) first-degree robbery, N.J.S.A. 2C:15-1(a)(1) and/or N.J.S.A. 2C:15-1(a)(2) and/or N.J.S.A. 2C:15- 1(a)(3) (count three); (4) third- ...

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court:
decided:
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Document Size:	51164

4313 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.T. and C.J -- rank: 815

... grant a petition when the four prongs set forth in N.J.S.A. 30:4C-15.1(a) are established by clear and ... 348. At the time of the trial court's decision, N.J.S.A. 30:4C-15.1(a) required the Division to prove ... C.J.'s parental rights. 5 Effective July 2, 2021, N.J.S.A. 30:4C-15.1 was amended to remove '[s]uch ... arising out of the parental relationship [that is] cognizable under N.J.S.A. 30:4C-15.1(a)(1) and (2).' Id. at ...

docket:	a2728-20
court:	NJ Superior Court Appellate Division
decided:	2022-04-08
status:	Unpublished
citation:
Document Size:	35545

4314 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.M.K.,1 and H.B -- rank: 815

... and Permanency (Division) failed to prove the fourth prong of N.J.S.A. 30:4C-15.1(a) by clear 2 The judgment ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] In her comprehensive oral decision ... the Division had satisfied each of the four prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence ... 2007). The trial judge's opinion tracks the requirements of N.J.S.A. 30:4C- 15.1(a), and is supported by substantial ... will not do more harm than good to the child. N.J.S.A. 30:4C-15.1(a)(4). We disagree. N.J.S.A. 30:4C-15.1(a)(4) 'serves as a ...

docket:	a2814-22
court:	NJ Superior Court Appellate Division
decided:	2024-01-23
status:	Unpublished
citation:
Document Size:	37738

4315 State v. Lawrence A. Brown[NOTE:This is a companion case toState v. TuckerandState v.Elkwisni , also decided today.] -- rank: 815

... v. Deatore , 70 N.J. 100 , 113-14 (1976). Both N.J.S.A. 2A:84A-19 and N.J.R.E. 503 provide ... to the codification of the right to remain silent in N.J.S.A. 2A:84A-19 and Evid. R. 25 (currently N.J ... common-law privilege against self-incrimination, as codified both in N.J.S.A. 2A:84A-19 and N.J.R.E. 503 “offers ...

docket:	a-7-06
court:	njsupreme
decided:	2007-04-17
status:
citation:	190 N.J. 144
Document Size:	75845

4316 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. T.T.R and F.T.S -- rank: 815

... burden under the four-prong best interests test, codified at N.J.S.A. 30:4C-15.1(a), by clear and convincing evidence ... of guardianship. Her oral opinion tracks the statutory requirements of N.J.S.A. 30:4C-15.1(a), accords with In re Guardianship ... or will continue to be endangered by the parental relationship[.]' N.J.S.A. 30:4C-15.1(a)(1). '[T]he relevant inquiry ... placement will A-0575-19T2 6 add to the harm.' N.J.S.A. 30:4C-15.1(a)(2). That harm may include ... neglected or harmed her daughter. The fact that there were N.J.S.A. 30:4C-12 summary findings on January 7 and October ... the court [will] consider[] alternatives to termination of parental rights[.]' N.J.S.A. 30:4C-15.1(a)(3). This prong 'contemplates ...

docket:	a0575-19
court:	NJ Superior Court Appellate Division
decided:	2020-10-22
status:	Unpublished
citation:
Document Size:	33869

4317 Petro-LubricantTesting Laboratories, Inc. v. Asher Adelman -- rank: 815

... year of the publication of an actionable writing or utterance. N.J.S.A. 2A:14-3. Generally, every repetition of a defamatory writing ... year of the publication of an actionable writing or utterance. N.J.S.A. 12 2A:14-3. Generally, every repetition of a defamatory ... may be factors in determining certain categories of damages. See N.J.S.A. 2A:43- 2; see also Bock v. Plainfield Courier-News ...

docket:	a_39_16
court:	NJ Supreme Court
decided:	2018-05-07
status:
citation:
Document Size:	70707

4318 HOWARD E. FLECKER v. STATUE CRUISES, LLC -- rank: 815

... MacRae, pursuant to the New Jersey Wage and Hour Law, N.J.S.A. 34:11-56a4 to -56a30, and the Conscientious Employee Pro tection Act (CEPA), N.J.S.A. 34:19-1 to -14. Plaintiff also appeals from the ... law, or a rule or regulation promulgated pursuant to law . . . . [ N.J.S.A. 34:19-3.] To establish a CEPA violation, a plaintiff ... working time in excess of 40 hours in any week[.]" N.J.S.A. 34:11-56a4. The FLSA has similar provisions to protect ... opinion. We do not retain jurisdiction. 1 Law Against Discrimination, N.J.S.A. 10:5-1 to -49. "[T]he LAD 'unequivocally expresses ...

docket:	a4390-10
court:	NJ Superior Court Appellate Division
decided:	2012-11-14
status:	unpublished
citation:
Document Size:	66845

4319 Panetta v. Equity One -- rank: 815

... mention of an abutting riparian grant can be construed under N.J.S.A. 46:3-16 to include that grant as an appurtenance ... also included. (pp. 13-14) The Appellate Division broadly interpreted N.J.S.A. 46:3-16 to sweep in all property interests contained ... the riparian grant was appurtenant to the upland lot under N.J.S.A. 46:3-16 and that it passed with the deed ... which are not identical and are not similarly governed by N.J.S.A. 46:3-16. This case centers on a riparian grant ... mention of an abutting riparian grant can be construed under N.J.S.A. 46:3-16 to include that grant as an appurtenance ... followed the upland property as a matter of law under N.J.S.A. 46:3-16, which provides: Every deed conveying land ...

docket:	a-2-06
court:	njsupreme
decided:	2007-05-01
status:
citation:	*CITE_PENDING*
Document Size:	62124

4320 CONSTANCE WHITE v. BED BATH & BEYOND -- rank: 815

... definition of disability rather than applying the statutory definition in N.J.S.A. 34:15-36. point iii the decision of the judge ... J. 165 (1989)), certif. denied , 122 N.J. 372 (1990). N.J.S.A. 34:15-36 defines "[d]isability permanent in quality and ... definition of disability rather than applying the statutory definition in N.J.S.A. 34:15-36." This contention also finds no support in ...

docket:	a2919-12
court:	NJ Superior Court Appellate Division
decided:	2013-12-17
status:	unpublished
citation:
Document Size:	30243