Search Rutgers Law Library N.J. Court Opinions

4336 STATE OF NEW JERSEY v. JOSEPH W. TINNES -- rank: 815

... our procedures permit starts with the random selection of citizens, N.J.S.A. 2B:23-2, whose knowledge and opinions are then probed ... that would interfere with your ability to serve? See also N.J.S.A. 2B:23-10 ("In the discretion of the court," examination ... new juror's number from a box, as required by N.J.S.A. 2A:74-1 (since superseded by wvWare/wvWare version 0 ...

docket:	A2551-03
court:	NJ Superior Court Appellate Division
decided:	2005-07-12
status:	published
citation:	379 N.J. Super. 179 877 A.2d 313
Document Size:	118853

4337 IN THE MATTER OF RECONSIDERATION OF THE DISTRIBUTION OF THE CASINO SIMULCASTING SPECIAL FUND AMOUNTS ACCUMULATED IN 2005 2006, 2007 and 2008 PURSUANT TO N.J.S.A 5:12-205(d -- rank: 815

... AMOUNTS ACCUMULATED IN 2005, 2006, 2007 and 2008) PURSUANT TO N.J.S.A. 5:12-205(d). ________________________________________________________________ June 2, 2011 Submitted March 15 ... violated the Open Public Meetings Act (OPMA or the Act), N.J.S.A. 10:4-6 to -21. We agree with appellant's ... Special Fund was established by the Casino Simulcasting Act (CSA), N.J.S.A. 5:12-191 to -210. A percentage of monies wagered ... of-State" horse races is deposited into the Special Fund. N.J.S.A. 5:12-203 and 5:12-205. The Commission is ... responsible for annually distributing the Special Fund in accordance with N.J.S.A. 5:12-205. Pursuant to N.J.S.A. 5:12-205(a), (b) and (c), the Commission ...

docket:	a6416-08
court:	NJ Superior Court Appellate Division
decided:	2011-06-02
status:	unpublished
citation:
Document Size:	52957

4338 STATE OF NEW JERSEY v. ISMAEL MENDEZ -- rank: 815

... the following crimes on June 28, 2008: second-degree eluding, N.J.S.A. 2C:29-2(b) (count one); second-degree aggravated assault ... while attempting to flee or elude a law enforcement officer, N.J.S.A. 2C:12-1(b)(6) (count two); third-degree aggravated assault on a law enforcement officer, N.J.S.A. 2C:12-1(b)(5)(a) (count three); third-degree aggravated assault with a deadly weapon, a motor vehicle, N.J.S.A. 2C:12-1(b)(2) (count four); fourth-degree unlawful possession of a weapon, a motor vehicle, N.J.S.A. 2C:39-5(d) (count five); third-degree possession of a weapon, a motor vehicle, for an unlawful purpose, N.J.S.A. 2C:39-4(d) (count six); third-degree criminal ...

docket:	a2286-10
court:	NJ Superior Court Appellate Division
decided:	2012-12-07
status:	unpublished
citation:
Document Size:	51590

4339 YOUN WHA JUNG v. VILLAGE OF RIDGEWOOD -- rank: 815

... death. Ridgewood asserted immunities under the Tort Claims Act (TCA), N.J.S.A. 59:9-1 to 12-3, and alleged negligence on ... because they failed to meet the TCA's verbal threshold, N.J.S.A. 59:9-2(d); see Toto v. Ensuar , 196 N ... duty to "scan" or "sweep" is immunized under the TCA, N.J.S.A. 59:1-1 to 12-3. The TCA provision that Ridgewood relies upon, N.J.S.A. 59:2-3, immunizes public entities in subsection a "for ... J. 80 , 87 (1986). Generally, the "'exercise of . . . discretion' in N.J.S.A. 59:2-3(a) refers to actual, high-level policymaking ... exercising when Soo drowned. Ridgewood was therefore not immunized under N.J.S.A. 59:3-2(a). See Tice v. Cramer , 133 ...

docket:	a4007-11
court:	NJ Superior Court Appellate Division
decided:	2015-01-09
status:	unpublished
citation:
Document Size:	85280

4340 /usr/local/share/www/libweb/collections/courts/appellate/a3546-15a3547-15a3548-15a3549-15.opn.html -- rank: 815

... prongs of the best interests of the child test under N.J.S.A. 30:4C-15.1(a). The Law Guardian argues that ... that the Interstate Compact on the Placement of Children (ICPC), N.J.S.A. 9:23-5, does not apply to out-of-state ... is able to continue a parental relationship without recurrent 3 N.J.S.A. 30:4C-15.1(a)(1). 4 N.J.S.A. 30:4C-15.1(a)(2). 21 A-3546-15T1 ... with parental unfitness, the two components of the harm requirement, N.J.S.A. 30:4C-15.1(a)(1) and (2) are related ... the Division did not timely assess his offered placements, see N.J.S.A. 30:4C- 12.1(a), when the Division ultimately ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	64538

4341 STATE OF NEW JERSEY v. ABDUL M. STANBACK -- rank: 815

... of aggravated sexual assault in the course of a burglary, N.J.S.A. 2C:14- -2(a)(3), and third-degree burglary, N.J.S.A. 2C:18-2, and sentenced to a forty-five year ... parole ineligibility pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. He appeals his convictions and sentence ... degree aggravated sexual assault during the course of a burglary, N.J.S.A. 2C:14-2(a)(3); second- degree burglary, N.J.S.A. 2C:18-2(a)(1); second-degree sexual assault, N.J.S.A. 2C:14-2(c)(1); and fourth-degree possession ...

docket:	a2871-18
court:	NJ Superior Court Appellate Division
decided:	2021-02-09
status:	Unpublished
citation:
Document Size:	44062

4342 State of New Jersey v. D.G. -- rank: 815

... of the Legislature and signed by the Governor pursuant to N.J.S.A. 2A:84A-38. Accordingly, this case is governed by N ...

docket:	a-157-97
court:	njsupreme
decided:	1999-02-09
status:
citation:	157 N.J. 112
Document Size:	59484

4343 FIORE V. CONSOLIDATED FREIGHTWAYS -- rank: 815

... proof required to establish an occupational heart-disease claim under N.J.S.A. 34:15-1 to -128 , the Workers' Compensation Act (the ... of partial-total permanent disability. Pursuant to the requirements of N.J.S.A. 34:15-7.2 (subsequently described as "section 7.2 ... the Appellate Division decided, 7.2 - the heart section, but N.J.S.A. 34:15-31 (subsequently described as "the occupational disease section ... practical application to such a claim. Indeed, the language of N.J.S.A. 34:15-31 (1949), amended by N.J.S.A. 34:15-31 (1979) (emphasis added). The purpose of the ... due to the natural aging process thereof is not compensable." N.J.S.A. 34:15-31b. Subsection b further restricts compensability by " ...

docket:	a-46-94
court:	njsupreme
decided:	1995-06-01
status:
citation:	140 N.J. 452
Document Size:	67579

4344 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. I.S. -- rank: 815

... clear and convincing evidence, the four-prong statutory standard of N.J.S.A. 30:4C-15.1(a) for the termination of parental ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] The four prongs of the ... A. The first prong To satisfy the first prong of N.J.S.A. 30:4C-15.1(a), the Division must prove that ... not as strong, that evidence will satisfy the requirements of N.J.S.A. 30:4C-15.1(a)(4)." Id. at 363. "Inherent ...

docket:	a1055-09
court:	New Jersey Superior Court Appellate Division
decided:	2010-12-14
status:	Published
citation:
Document Size:	67915

4345 MARY A. BOTTEON, ET AL. VS. BOROUGH OF HIGHLAND PARK, ET AL. -- rank: 815

... The Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act ('CREAMMA'), N.J.S.A. 24:6I-31 to -56, became effective February 22, 2021 ... inconsistent with the New Jersey Municipal Land Use Law ('MLUL'), N.J.S.A. 40:55D-1 to -163, and other state and federal ... the Cannabis Regulatory Commission created by L. 2019, c. 153 ([N.J.S.A.] 24:6I-5.1 et al.), or any successor to ... 21 (2020)), known as CREAMMA, codified in relevant part at N.J.S.A. 2C:35-5 to -10 and N.J.S.A. 24:6I-24. The other two adopted bills are Chapter ... a similar fashion to the regulation of alcohol for adults.' N.J.S.A. 24:6I-32(a). The statute broadly includes fourteen ...

docket:	a1227-22
court:	appellate
decided:	2024-04-29
status:	Unpublished
citation:
Document Size:	45922

4346 DOMENIC F. CAPPELLA, SR v. CITY OF ATLANTIC CITY -- rank: 815

... work environment in violation of the Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49, and constructive discharge retaliation under the Conscientious Employees' Protection Act (CEPA), N.J.S.A. 34:19-1 to -14, against the City of Atlantic ... to the municipal defendant. CEPA governs plaintiff's retaliation claim. N.J.S.A. 34:19-3. To establish a prima facie case under ... regulation; (2) he performed a whistleblowing activity as described in N.J.S.A. 34:19-3; (3) the employer took an adverse employment ... City. Punitive damages are governed by the Punitive Damages Act, N.J.S.A. 2A:15-5.9 to -5.17. Under N.J.S.A. 2A:15-5.12(a), [p]unitive damages may ...

docket:	a5993-11
court:	New Jersey Superior Court Appellate Division
decided:	2014-04-01
status:	Published
citation:
Document Size:	75738

4347 STATE OF NEW JERSEY v. CARLO AMATO -- rank: 815

... defendant with: four counts of second-degree healthcare claim fraud, N.J.S.A. 2C:21-4.1(a); two counts of third-degree theft by deception, N.J.S.A. 2C:20-4; third-degree possession of a controlled dangerous substance, N.J.S.A. 2C:35-10(a)(1); five counts of second-degree theft by deception, N.J.S.A. 2C:20-4; second-degree insurance fraud, N.J.S.A. 2C:21- 4.6(a); and two counts of first-degree financial facilitation of criminal activity, N.J.S.A. 2C:21-25(b)(2)(a) and N.J. ...

docket:	a2788-21
court:	NJ Superior Court Appellate Division
decided:	2023-10-10
status:	Unpublished
citation:
Document Size:	39210

4348 STATE OF NEW JERSEY v. JAMES ANASTI -- rank: 815

... possession of a controlled dangerous substance with intent to distribute, N.J.S.A. 2C:35-5b(11), and was also issued four summonses ... possession of a controlled dangerous substance in a motor vehicle, N.J.S.A. 39:4-49.1. Defendant applied for PTI. The PTI ... the defendant does not present a substantial danger to others. N.J.S.A. 2C:43-12c(8); N.J.S.A. 2C:43-12c(9)" and (2) "A Somerset County TASC ... setting forth its reasons, the State reviewed the criteria in N.J.S.A. 2C:43-12e and the guidelines in R. 3:28 ... s comments regarding each of the criteria set forth in N.J.S.A. 2C:43-12e follow: (1) The nature of the ...

docket:	a3172-09
court:	superior court appellate division
decided:	2010-10-12
status:	unpublished
citation:
Document Size:	44919

4349 CUMBERLAND COUNTY BOARD v. VITETTA GROUP, P.C. -- rank: 815

... plaintiff's claims were "barred" by the statute of repose, N.J.S.A. 2A:14-1.1, because suit was not commenced within ... trigger the b(2) exception to the statute of repose. N.J.S.A. 2A:14-1.1b(2). The judge was not asked ... were barred by the applicable statute of limitations — either N.J.S.A. 2A:14-1 (providing a six-year period of limitations for tort or contract claims) or, alternatively, N.J.S.A. 2A:14-1.2 (providing a ten-year period of ... barred. Plaintiff's argument demands interpretation of two statutes — N.J.S.A. 2A:14-1.2, which is a statute of limitations ... actions commenced by the State or its political subdivisions, and N.J.S.A. 2A:14-1.1, which is a statute of ...

docket:	a1377-12
court:	NJ Superior Court Appellate Division
decided:	2013-07-30
status:	published
citation:	431 N.J.Super. 596 71 A.3d 235
Document Size:	43479

4350 HARTLAND GOLF AND ARCADE v. WAINWRIGHT AMUSEMENTS -- rank: 815

... Wainwright applied to the Board, seeking a use variance under N.J.S.A. 40:55D-70(d)(1), to remodel the abandoned CVS ... Eatontown, 178 N.J. Super. 155 (App. Div. 1981). 8 N.J.S.A. 5:8-100 to -130. A-1520-20 10 F ... N.J. 268, 275 (1967)). The Municipal Land Use Law, N.J.S.A. 40:55D-1 to -163, vests a zoning board with ... in a district restricted against such use or principal structure.' N.J.S.A. 40:55D-70(d)(1). The burden on the applicant ... and the purpose of the zone plan and zoning ordinance.' N.J.S.A. 40:55D-70. 'This is sometimes referred to as one ... restricted against such use or principal structure' for special reasons. N.J.S.A. 40:55D-70(d)(1) (emphasis added). The Board ...

docket:	a1520-20
court:	NJ Superior Court Appellate Division
decided:	2022-04-11
status:	Unpublished
citation:
Document Size:	59905