Search Rutgers Law Library N.J. Court Opinions

4366 JEANNA MACK VS. BOARD OF TRUSTEES, PUBLIC EMPLOYEES\u0027 RETIREMENT SYSTEM -- rank: 815

... the performance of [her] regular and assigned duties pursuant to N.J.S.A. 43:15A-42 and relevant case law.' Mack filed an ... by sufficient, competent, and credible evidence in the record'' (quoting N.J.S.A. 52:14B-10(c)). According to the Board, 'Mack's ... governing statute and case law that control this retirement plan, N.J.S.A. 43:15A-42 provides in pertinent part that: A member ... and permanently disabled from the duties of a paraprofessional.' Under N.J.S.A. 52:14B-10(c), '[a]ll hearings of a State ... and credible evidence in the record'' (omission in original) (quoting N.J.S.A. 52:14B-10(c))). Critically, an agency's review of ... Super. 571, 584 (App. Div. 2014) ('[T]he limitation in N.J.S.A. 52:14B-10(c) does not apply to the ...

docket:	a1072-22
court:	appellate
decided:	2024-07-25
status:	Unpublished
citation:
Document Size:	64005

4367 IN THE MATTER OF THE CIVIL COMMITMENT OF G.B. -- rank: 815

... pursuant to the New Jersey Sexually Violent Predator Act (SVPA), N.J.S.A. 30:4-27.24 to 27.38, and the May ... counts of first-degree aggravated sexual assault against his daughter, N.J.S.A. 2C:14-2(a)(1). After reviewing the contentions advanced ... intentionally, he ultimately pleaded guilty to fourth-degree child abuse, N.J.S.A. 9:6-3, and was sentenced to probation for three ... charged with ten counts of first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(1), five counts of second-degree sexual assault, N.J.S.A. 2C:14-2(b), and three counts of second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a). Documentation from the ADTC reveals ...

docket:	a4763-08
court:	NJ Superior Court Appellate Division
decided:	2012-10-12
status:	unpublished
citation:
Document Size:	41903

4368 M.M.-C. v. I.I. -- rank: 815

... M.-C. pursuant to the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35 (PDVA) based on harassment N.J.S.A. 2C:33-4(a). On appeal, defendant argues that the ... favor, finding that defendant committed an act of harassment under N.J.S.A. 2C:33-4(a). The trial judge declared that "the ... FRO, 5 imposed a civil penalty of $250 pursuant to N.J.S.A. 2C:25-29 and ordered defendant into a Batterers Intervention ... one or more of the predicate acts set forth in N.J.S.A. 2C:25-19(a) upon a person protected under the PDVA. N.J.S.A. 2C:25-19. N.J.S.A. 2C:25- ...

docket:	a2276-14
court:	NJ Superior Court Appellate Division
decided:	2016-06-01
status:	unpublished
citation:
Document Size:	50457

4369 State v. Robert Smith -- rank: 815

... indictment charging defendant with second-degree vehicular homicide, contrary to N.J.S.A. 2C:11-5 (count one), and second- degree reckless manslaughter, contrary to N.J.S.A. 39:4-50, careless driving, N.J.S.A. 39:4-97, and leaving the scene of an accident, N.J.S.A. 39:4-129.     Defendant's jury trial in April and ... homicide when it is caused by driving a vehicle . . . recklessly,” N.J.S.A. 2C:11-5, to find defendant guilty the jury had ... guilty of leaving the scene of an accident, contrary to N.J.S.A. 39:4-129, and operating a vehicle while under ...

docket:	a-115-99
court:	njsupreme
decided:	2001-05-08
status:
citation:	167 N.J. 158
Document Size:	97781

4370 DIVISION OF CHILD PROTECTION AND PERMANENCY v. N.L. -- rank: 815

... The judge also signed a protective order that stated, "Under N.J.S.A. 9:6-8.55, [S.B.] is prohibited from the ... which directed that "the [o]rder of [p]rotection under N.J.S.A. 9:6-8.55, prohibiting [S.B.] to be at ... of the evidence that the child was abused or neglected. N.J.S.A. 9:6-8.44; N.J. Div. of Youth & Family ... or allowing to be inflicted harm, or substantial risk thereof." N.J.S.A. 9:6-8.21(c)(4)(b). In determining whether ... J. Super. 320 , 329 (App. Div. 2011). An inquiry under N.J.S.A. 9:6-8.21 must focus on the harm to ... sufficient to make a fact finding of abuse or neglect." N.J.S.A. 9:6-8.46(a)(4). Because there is ...

docket:	a1365-13
court:	NJ Superior Court Appellate Division
decided:	2016-01-07
status:	unpublished
citation:
Document Size:	47065

4371 DENNIS M. KEENAN v. BOARD OF TRUSTEES, POLICE & FIREMEN'S RETIREMENT SYSTEM -- rank: 815

... in order to benefit police and firefighters, the Legislature enacted N.J.S.A. 43:16A-3.1, which allows such employees to maintain ... a different pension system with less-generous retirement benefits. However, N.J.S.A. 43:16A-3.1 gives these positions a "hybrid" status ... 77. In addition to construing section 3.1, Kossup addressed N.J.S.A. 43:16A-15.3, which prevents "double dipping" by requiring ... rescind his retirement and re-enroll in PFRS pursuant to N.J.S.A. 43:16A-15.3. Kossup , supra , 372 N.J. Super ... director job was not the type of position to which N.J.S.A. 43:16A-3.1 would apply. See Kossup , supra , 372 ... as L. 2000, c. 166) (acknowledging that "under current law" N.J.S.A. 43:16A-3.1 applied to public safety director ...

docket:	A2117-05
court:	NJ Superior Court Appellate Division
decided:	2007-06-12
status:	published
citation:	393 N.J. Super. 524 925 A.2d 1
Document Size:	75835

4372 Allstars Auto Group, Inc. v. New Jersey Motor Vehicle Commission -- rank: 815

... that the fines challenged by the dealers were authorized by N.J.S.A. 39:10-20, and the Commission could impose fines under ... is required to provide an in-person hearing pursuant to N.J.S.A. 39:10-20. An in-person hearing must be held ... Appellate Division and remands. 1. The Administrative Procedure Act (APA), N.J.S.A. 52:14B-1 to -31, provides a road map for ... simultaneously enacted the Motor Vehicle Certificate of Ownership Law (MVCOL), N.J.S.A. 39:10-1 to -38, “to regulate and control ... and possession of, all motor vehicles in [New Jersey].” N.J.S.A. 39:10-3. The Commission is entrusted with enforcing the ... in its judgment for the administration and enforcement thereof.” N.J.S.A. 39:10-4. To facilitate the Commission’s exercise ...

docket:	a-72-16
court:	New Jersey Supreme Court
decided:	2018-07-18
status:
citation:	234 N.J. 150 189 A.3d 333
Document Size:	42199

4373 Green Knight Capital, LLC v. Gabriel Calderon -- rank: 815

... no hostility toward investors who otherwise meet the requirements of N.J.S.A. 54:5-89.1 when they prematurely attempt to redeem ... nominal consideration after the filing of the [foreclosure] complaint.” N.J.S.A. 54:5-89.1. The Court concluded in Cronecker that ... their investment once foreclosure is sought, the Legislature recently amended N.J.S.A. 54:5-89.1 to bar redemption by a purchaser ... redemption “shall be made in that cause only.” N.J.S.A. 54:5-98; accord N.J.S.A. 54:5-89.1; R. 4:64-6(b). That ... redemption must “be made in that cause only,” N.J.S.A. 54:5-98, a limitation that compels the investor ...

docket:	a-40-21
court:	NJ Superior Court Appellate Division
decided:	2022-11-17
status:
citation:
Document Size:	39482

4374 STATE OF NEW JERSEY v. ROBERT L. JOHNSON, -- rank: 815

... 2000, pursuant to the Prevention of Domestic Violence Act (Act), N.J.S.A. 2C:25-17 to -35, and from an order dated ... See Cesare v. Cesare , 154 N.J. 394 , 399 (1998); N.J.S.A. 2C:25-18. Our constitutional mandate to provide all persons ... issue. The purpose of a search warrant issued pursuant to N.J.S.A. 2C:25-28j is to protect the victim of domestic ... Given this specific purpose of a search authorized pursuant to N.J.S.A. 2C:25-18j, we hold that to support issuance of ... ORDER IS NECESSARY PURSUANT TO R. 5:7A(b) AND N.J.S.A. 2C:35-7 (count two).     Defendant's motion to suppress ... helped. It is part of the law. . . .     In this matter, N.J.S.A. 2C:25-28 is what is relied on in ...

docket:	a6660-00
court:	njappellate
decided:	2002-06-11
status:	published
citation:	352 N.J. Super. 15
Document Size:	70951

4375 State v. Steven L. Bookman -- rank: 815

... driving with a suspended driver’s license, in violation of N.J.S.A. 39:3-40. At approximately 1:00 a.m. on ... person previously convicted of one of the offenses listed in N.J.S.A. 2C:39-7(b) (count two). Bookman moved to suppress ... with a mandatory five- year period of parole ineligibility under N.J.S.A. 2C:39-7(b)(1). C. Bookman argued to the ... this Court. Driving with a suspended license is prohibited by N.J.S.A. 39:3-40. Rule 7:2- 2(h) provides that ... conviction for second-degree unlawful possession of a handgun under N.J.S.A. 2C:39-7(b). CHIEF JUSTICE RABNER and JUSTICES PATTERSON ...

docket:	a-32-21
court:	NJ Superior Court Appellate Division
decided:	2022-08-24
status:
citation:
Document Size:	57130

4376 DARYL B. WAINER v. MIGUEL A. WAINER -- rank: 815

... as equitable distribution is a factor in determining alimony, see N.J.S.A. 2A:34-23(b)(10), but alimony is not a factor in determining equitable distribution, see N.J.S.A. 2A:34-23.1, we begin by assessing the trial ... trial court must consider the statutory factors set forth in N.J.S.A. 2A:34-23.1. Sauro v. Sauro , 425 N.J ... must make specific findings, considering the fourteen factors outlined under N.J.S.A. 2A:34-23(b). These factors include: (1) The actual ... 14) Any other factors which the court may deem relevant. [ N.J.S.A. 2A:34-23(b).] For most of their marriage, the ... trial court examined each of the statutory factors outlined in N.J.S.A. 2A:34-23(b). Although defendant challenges the court' ...

docket:	a4321-14
court:	NJ Superior Court Appellate Division
decided:	2017-07-13
status:	unpublished
citation:
Document Size:	53331

4377 STATE OF NEW JERSEY v. HAKEEM T. MERCER -- rank: 815

... defendant and Gillens for first-degree conspiracy to commit murder, N.J.S.A. 2C:11-3 and N.J.S.A. 2C:5-2; first-degree murder, N.J.S.A. 2C:11-3(a)(1)-(2); second-degree possession of a firearm for an unlawful purpose, N.J.S.A. 2C:39-4(a); and second-degree unlawful possession of a handgun without a permit, N.J.S.A. 2C:39-5(b). The grand jury also indicted defendant for second-degree certain persons not to have weapons, N.J.S.A. 2C:39-7(b). A-1569-16T2 3 Gillens ...

docket:	a1569-16
court:	NJ Superior Court Appellate Division
decided:	2019-01-30
status:	Unpublished
citation:
Document Size:	46221

4378 STATE OF NEW JERSEY v. DOUGLAS C. GREEN -- rank: 815

... defendant Douglas C. Green was convicted of second-degree eluding, N.J.S.A. 2C:29-2(b), and fourth-degree resisting arrest, N.J.S.A. 2C:29-2(a). The trial judge, sitting as a ... found defendant guilty of driving while his license was suspended, N.J.S.A. 39:3-40, and improper passing, N.J.S.A. 39:4-85. The jury acquitted defendant of fourth-degree aggravated assault upon police officer James Van de Zilver, N.J.S.A. 2C:12-1(b)(5)(a), and could not reach ... with third-degree aggravated assault upon police officer Christopher Spagnuolo, N.J.S.A. 2C:12-1(b)(5)(a), and second-degree ...

docket:	a5089-05
court:	njappellate
decided:	2008-03-27
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	98509

4379 Bi-County Development of Clinton, Inc. v. Borough of High Bridge, et al -- rank: 815

... In October of 1985, pursuant to the Fair Housing Act, N.J.S.A. 52:27D-312. That contribution, if Bi-County elected the ... sewage and to provide for the financing of these facilities.” N.J.S.A. 40A:26A-2. Counties or municipalities are authorized to charge ... sewer services they provide as well as connection fees. See N.J.S.A. 40A:26A-10-11. Municipalities may impose special assessments for local improvements such as sewage and water, N.J.S.A. 40:56-1, and N.J.S.A. 40A:26A-14 specifically provides that a governing body “shall ... original). In 1985, the Legislature enacted the Fair Housing Act, N.J.S.A. 52:27D-301 to –329 (FHA), codifying the Mount ...

docket:	a-46-01
court:	njsupreme
decided:	2002-08-05
status:
citation:	174 N.J. 301
Document Size:	83110

4380 DIVISION OF YOUTH AND FAMILY SERVICES,1 v. L.D and R.D IN THE MATTER OF L.D E.D, and M.D Minors -- rank: 815

... the September 6, 2011 Family Part order finding, pursuant to N.J.S.A. 9:6-8.21(c)(4), that she had neglected ... found that Larry was an abused and neglected child under N.J.S.A. 9:6-8.21(c)(4)(a). At the hearing ... long as "the child is represented by a law guardian." N.J.S.A. 9:6-8.42. See N.J. Div. of Youth ... be shown, the court may adjourn a fact-finding hearing. N.J.S.A. 9:6-8.48. Here, the court provided defendant with ... determine whether the child is an abused or neglected child . . . ." N.J.S.A. 9:6-8.44. In Title Nine proceedings, the fact ... M.C. III , 201 N.J. 328 , 343 (2010) (quoting N.J.S.A. 9:6-8.46(b)). Nonetheless, N.J.S. ...

docket:	a1157-11
court:	New Jersey Superior Court Appellate Division
decided:	2013-03-27
status:	Published
citation:
Document Size:	44139