Search Rutgers Law Library N.J. Court Opinions

4501 Fernando Roa and Liliana Roa v. LAFE and Marino Roa -- rank: 813

... enjoyment of, any right granted or protected by this act. [ N.J.S.A. 10:5-12(d).] The statute of limitations for LAD ... and "unlawful discrimination" as those "practices and acts specified in [ N.J.S.A. 10:5-12]." N.J.S.A. 10:5-12. The problem with that argument is that ... specifically expressed an intent that the LAD "be liberally construed," N.J.S.A. 10:5-3, reading into the statute an unstated exclusion ...

docket:	a-72-08
court:	supreme
decided:	2010-01-14
status:
citation:
Document Size:	99383

4502 STATE OF NEW JERSEY v. BULENT CEYLAN -- rank: 813

... was convicted on November 3, 2000 of second-degree eluding, N.J.S.A. 2C:29-2b. Following his conviction, defendant fled the jurisdiction ... police after the police signaled him to stop his vehicle. N.J.S.A. 2C:29-2b. Clearly, evidence of the hit-and-run ...

docket:	a0339-08
court:	NJ Superior Court Appellate Division
decided:	2011-05-03
status:	unpublished
citation:
Document Size:	51032

4503 STATE OF NEW JERSEY v. DANIEL P. GALIANO -- rank: 813

... Interstate Agreement on Detainers (IAD), codified in New Jersey at N.J.S.A. 2A:159A-1 to -15. We briefly summarize the relevant ... The jury found defendant guilty of first-degree armed robbery, N.J.S.A. 2C:15-1, and second-degree possession of a firearm for an unlawful purpose, N.J.S.A. 2C:39-4(a). On February 4, 2000, defendant was ... life in prison without parole under the "Three-Strikes" statute, N.J.S.A. 2C:43-7.1(a). The State appealed. We agreed ... and all detainers based on untried indictments, informations or complaints." N.J.S.A. 2A:159A-1. Under the IAD, "either the prisoner himself (under Article III of the IAD, N.J.S.A. 2A:159A-3) or the prosecutor in the jurisdiction ...

docket:	a1865-11
court:	NJ Superior Court Appellate Division
decided:	2014-04-08
status:	unpublished
citation:
Document Size:	41276

4504 State v. William E. Stott -- rank: 813

... detection, apprehension, arrest and conviction of offenders against the law[.]” N.J.S.A. 30:4-14b. Department officers maintain a station in Poplar ... and . . . dangerous to self or dangerous to others or property[.]” N.J.S.A. 30:4-27.17, or pursuant to court order. N.J.S.A. 30:4-27.16. When admitted, defendant was nineteen years ... statutory function to apprehend and convict criminal offenders, including defendant. N.J.S.A. 30:4-14b. Even if we were to assume that ... has declared those patients dangerous to themselves or to others. N.J.S.A. 30:4-27.1 to -27.23; Rule 4:74 ...

docket:	a-88-00
court:	njsupreme
decided:	2002-04-04
status:
citation:	171 N.J. 343
Document Size:	91470

4505 ST. PAUL'S OUTREACH, INC v. BOARD OF ADJUSTMENT OF THE TOWNSHIP OF SOUTH ORANGE VILLAGE -- rank: 813

... variance that plaintiff sought for its residential property pursuant to N.J.S.A. 40:55D-70(d)(3) (d(3) variance). Having concluded ... principles governing a conditional use variance are set forth in N.J.S.A. 40:55D-70(d), which grants a board of adjustment ... and the purpose of the zone plan and zoning ordinance. [N.J.S.A. 40:55D-70(d).] These statutory provisions embody what are ... seek relief for a pre-existing non- conforming use. See N.J.S.A. 40:55D-70(d)(2). Neither plaintiff's application nor ... makes 'substantial expenditures in good faith reliance on a 3 N.J.S.A. 40:55D-68. A-0264-17T1 22 permit that was ...

docket:	a0264-17
court:	NJ Superior Court Appellate Division
decided:	2019-01-28
status:	Unpublished
citation:
Document Size:	45886

4506 /usr/local/share/www/libweb/collections/courts/appellate/a5387-17.opn.html -- rank: 813

... concomitant aggregate sixty -year sentence for first-degree murder, 1 N.J.S.A. 2C:11-3(a)(1) and (2) (count one); third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39- - 4(d) (count two); and fourth-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(d) (count three), in connection with the ... on count one, subject to the No Early Release Act, N.J.S.A. 2C:43-7.2, and a concurrent eighteen-month term ... to find mitigating factors three ('defendant acted under strong provocation'), N.J.S.A. 2C: 44-1(b)(3), and five (the victim's conduct induced or facilitated the commission of the crime), N.J.S.A. 2C:44-1(b)(5), because there was evidence ...

docket:
court:
decided:
status:
citation:
Document Size:	46249

4507 ROBERT T. GOLDMAN v. GAIL H. MAUTNER -- rank: 813

... or both "during the marriage" is subject to equitable distribution. N.J.S.A. 2A:34-23(h). This division of marital property "is ... at 299 (quoting Rothman , supra , 65 N.J. at 229). N.J.S.A. 2A:34-23.1 enumerates the pertinent considerations in addition ... and the parties' respective roles in preserving and dissipating assets. N.J.S.A. 2A:34-23.1. There is a rebuttable presumption "that ... nature of the case shall render fit, reasonable and just . . . ." N.J.S.A. 2A:34-23. The Legislature's recognition of limited duration ... permanent, limited duration or another form of alimony is appropriate. N.J.S.A. 2A:34-23(b). The non-exhaustive list includes matters ... permanent alimony was inappropriate and explained why, as required by N.J.S.A. 2A:34-23(c). The court properly determined that ...

docket:	a0620-09
court:	New Jersey Superior Court Appellate Division
decided:	2012-03-05
status:	unpublished
citation:
Document Size:	83006

4508 STATE OF NEW JERSEY v. ANTHONY M. HARLEY -- rank: 813

... guilty of second-degree certain persons not to have weapons, N.J.S.A. 2C:39-7. Harley was sentenced to a term of ... dangerous substance with intent to distribute within a school zone, N.J.S.A. 2C:35-7. Barlow was sentenced to a term of ... evidence in his defense, and to be represented by counsel." N.J.S.A. 2C:45-4; see State v. Reyes , supra , 207 N ... probation revocation proceedings must be "commenced" within the probationary period. N.J.S.A. 2C:45-3c; State v. Joseph , 238 N.J. Super ... 219 , 222, (App. Div. 1990) (noting that remedy afforded under N.J.S.A. 2C:45-3 must be exercised prior to expiration of ... proceedings tolls the probationary period until the proceeding is terminated. N.J.S.A. 2C:45-3c. (footnote omitted). What the statute does ...

docket:	a6181-08
court:	NJ Superior Court Appellate Division
decided:	2012-11-05
status:	unpublished
citation:
Document Size:	54892

4509 State v. William Sweet -- rank: 813

... with failure to observe a traffic signal, in violation of N.J.S.A. 39:4-81; making a prohibited right turn, in violation of N.J.S.A. 39:4-115(a); failing to keep to the right, in violation of N.J.S.A. 39:4-82; and driving while intoxicated, in violation of N.J.S.A. 39:4-50(a)(1)(ii). Focusing solely on the ... seven-month suspension of his driving privileges, as required by N.J.S.A. 39:4-50(a)(1)(ii), and additional fines, penalties ... reasonable doubt, de novo , of driving while intoxicated contrary to N.J.S.A. 39:4-50[.]” Specifically addressing Sweet’s Crawford ...

docket:	a-1-07
court:
decided:	2008-06-23
status:
citation:	195 N.J. 357
Document Size:	78654

4510 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. L.S and D.Y., II -- rank: 813

... 19 Next, the judge itemized the four-prong test under N.J.S.A. 3B:12A-6(d), and stated, 'I do find by ... met its burden in establishing the second statutory prong under N.J.S.A. 3B:12A-6(d), i.e., Layla was unable to ... is the case and that's why prong two [under N.J.S.A. 3B:12A-6(d)] is met. . . . [Layla's] lack of ... feasible.' Finally, the judge considered the fourth statutory prong under N.J.S.A. 3B:12A-6(d) and stated, '[c]learly, the evidence ... those for the termination of parental rights set forth under N.J.S.A. 30:4C-15.1. Prior to granting a KLG, a ... 4) awarding [KLG] is in the child's best interests. [N.J.S.A. 3B:12A-6(d).] As our Supreme Court observed ...

docket:	a2614-20
court:	NJ Superior Court Appellate Division
decided:	2022-08-30
status:	Unpublished
citation:
Document Size:	58500

4511 STATE OF NEW JERSEY v. CARLOS W. CARDOZA -- rank: 813

... years imprisonment, subject to the No Early Release Act (NERA), N.J.S.A. 2C:43- 7.2. A-5327-16T3 3 II. A ... whether the robbery is a first- or second-degree crime. N.J.S.A. 2C:15-1(b). Defendant's contention focuses on a ... a term appropriate to a second- degree crime pursuant to N.J.S.A. 2C: 44-1(f)(2). We conclude that the trial ... than that of the crime for which he was convicted. [N.J.S.A. 2C:44-1(f)(2).] In State v. Megargel, the ... interest of justice demand[s] a downgraded sentence.' Ibid. (quoting N.J.S.A. 2C:44-1(f)(2)). The Court further explained that ... first-degree sentencing range 10 of ten to twenty years. N.J.S.A. 2C:43-6(a)(1). Defendant has presented us ...

docket:	a5327-16
court:	NJ Superior Court Appellate Division
decided:	2020-02-12
status:	Unpublished
citation:
Document Size:	53855

4512 KIM MADERA v. HORIZON BLUE CROSS BLUE SHIELD OF NEW JERSEY -- rank: 813

... supervisors, violated the New Jersey Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -8. Plaintiff also appeals from the ... the insurance obligation within the defined period set forth in N.J.S.A. 17B:30-32. 2 The Service Division had direct responsibility ... Jersey Department of Banking and Insurance (DOBI) in compliance with N.J.S.A. 17B:30-30. Plaintiff was responsible for producing, signing and ... public health, safety or welfare or protection of the environment. [ N.J.S.A. 34:19-3(c).] Prohibited retaliatory action includes an employee ... s suspension from or termination of his or her employment. N.J.S.A. 34:19-2(e); Donelson , supra , 412 N.J. Super ... cause of action pursuant to subsections (2) and (3) of N.J.S.A. 34:19-3(c). 5 We provide an overview ...

docket:	a4813-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-25
status:	unpublished
citation:
Document Size:	43948

4513 CHERIE MITCHELL v. BOARD OF TRUSTEES PUBLIC EMPLOYEES RETIREMENT SYSTEM - -- rank: 813

... position. Mitchell applied for accidental disability retirement (ADR) benefits, see N.J.S.A. 43:15A-43(a), but the Board of Trustees (Board ... is entitled to ordinary disability retirement (ODR) pension benefits. See N.J.S.A. 43:15A-42. We have considered these arguments in light ... W]e review de novo the Board's interpretation of N.J.S.A. [43:15A-43(a)] and our caselaw.' Mount v. Bd ... other public retirement systems, PERS provides for both ODR benefits, N.J.S.A. 43:15A-42, and ADR benefits, N.J.S.A. 43:15A-43. See Rooth v. Bd. of Trs., Pub ... result of the performance of his regular or assigned duties.' N.J.S.A. 43:15A-43(a). Our courts have concluded that ...

docket:	a2642-21
court:	NJ Superior Court Appellate Division
decided:	2023-08-31
status:	Unpublished
citation:
Document Size:	38575

4514 State v. Thomas H. Outland -- rank: 813

... in a Hudson County indictment with second- degree aggravated assault, N.J.S.A. 2C:12-1(b)(1); third-degree possession of a weapon with an unlawful purpose, N.J.S.A. 2C:39-4(d); and fourth-degree possession of a knife under circumstances not manifestly appropriate, N.J.S.A. 4 2C:39-5(d).1 During a four-day ... of parole ineligibility pursuant to the No Early Release Act, N.J.S.A. 2C:43-7.2, and on the third- degree possession ...

docket:	a-47-19
court:	NJ Supreme Court
decided:	2019-03-16
status:
citation:
Document Size:	63106

4515 STATE OF NEW JERSEY v. PORFIRIO JIMENEZ -- rank: 813

... his conviction by a jury for the crimes of murder, N.J.S.A. 2C:11-3(a)(1) and (a)(2), felony murder while engaged in the crime of kidnapping, N.J.S.A. 2C:22-3(a)(3), first-degree kidnapping, N.J.S.A. 2C:13-1(b), felony murder while engaged in the crime of attempted sexual assault, N.J.S.A. 2C:11-3(a)(3), second-degree attempted aggravated sexual ... on a victim of less than thirteen years of age, N.J.S.A. 2C:5-1 and 2C:14-2(a)(1), and ... third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4d. The matter was commenced as a ...

docket:	a5866-08
court:	NJ Superior Court Appellate Division
decided:	2011-11-17
status:	unpublished
citation:
Document Size:	83823