Search Rutgers Law Library N.J. Court Opinions

4861 IN THE MATTER OF THE CIVIL COMMITMENT OF U.C -- rank: 812

... the statutory sections governing the DDD's provision of services. N.J.S.A. 30:4-25.1 to -25.9. N.J.S.A. 30:4-25.2 states that any party listed in ... 4 to provide functional services for a developmentally disabled person. N.J.S.A. 30:4-25.3 requires the Commissioner to make a prompt determination of eligibility for such services. N.J.S.A. 30:4-25.6 provides that the Commissioner shall provide ... extent available." Such functional services include "both residential and nonresidential." N.J.S.A. 30:4-165.2. N.J.S.A. 30:4-25.6 also provides that "[i]n ...

docket:	a5012-09
court:	NJ Superior Court Appellate Division
decided:	2012-01-20
status:	published
citation:	423 N.J. Super. 601 34 A.3d 815
Document Size:	41558

4862 STATE OF NEW JERSEY v. CHARLES K. ZISA -- rank: 812

... Zisa appeals from his conviction for second-degree official misconduct, N.J.S.A. 2C:30-2(a), and insurance fraud, N.J.S.A. 2C:21-4.6(a), both relating to events that ... verdict (NOV) as to the following: second- degree official misconduct, N.J.S.A. 2C:30-2(b), with respect to events occurring in ... and second-degree engaging in a pattern of official misconduct, N.J.S.A. 2C:30-7(a), as to events occurring in 2004 ... pursuant to an insurance policy, or from an insurance company . . . . [ N.J.S.A. 2C:21-4.6(a) (emphasis added).] From the plain ... fact.' In construing the New Jersey Insurance Fraud Prevention Act, N.J.S.A. 17:33A-1 to -30, which is the civil ...

docket:	a0653-12
court:	NJ Superior Court Appellate Division
decided:	2015-07-31
status:	unpublished
citation:
Document Size:	71439

4863 IN THE MATTER OF THE ESTATE OF JOSEPH KRIVULKA -- rank: 812

... estate 'in the exercise of good faith and reasonable discretion[.]' N.J.S.A. 3B:14-23. The duty of a fiduciary is to ... funded. We agree with the co-executors that, pursuant to N.J.S.A. 3B:19B-6, they have the right not to distribute ...

docket:	a0863-20
court:	NJ Superior Court Appellate Division
decided:	2022-08-26
status:	Unpublished
citation:
Document Size:	81024

4864 APPROVED FOR PUBLICATION APPELLATE DIVISION v. REGINALD ANTHONY January 19, 2016 -- rank: 812

... Anthony was convicted of second-degree conspiracy to commit burglary, N.J.S.A. 2C:5-2 and 2C:18-2(b)(1). The ... State's motion to sentence defendant as a persistent offender, N.J.S.A. 2C:44-3(a), and imposed the maximum extended term ... of parole ineligibility pursuant to the No Early Release Act, N.J.S.A. 2C:43-7.2. Defendant raises the following issues for ... on the "violence . . . perpetrated," the judge found aggravating factor one. N.J.S.A. 2C:44-1(a)(1) ("the nature and circumstances of ... that the victim of the offense was particularly vulnerable." See N.J.S.A. 2C:44-1(a)(2) ("[t]he gravity and seriousness ... recidivism, the judge found aggravating factors three, six and nine. N.J.S.A. 2C:44-1(a)(3) (the risk of re- ...

docket:	a2658-12
court:	NJ Superior Court Appellate Division
decided:	2016-01-19
status:	published
citation:	443 N.J.Super. 553 129 A.3d 1085
Document Size:	66864

4865 STATE OF NEW JERSEY v. CHARLES M. LOWY -- rank: 812

... to police station. Defendant was charged with first-degree murder, N.J.S.A. 2C:11-3(a)(1) or (a)(2) (count one), fourth-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(d) (count two), and third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4 (count three). Prior to trial, the State ... parole ineligibility period pursuant to the No Early Release Act, N.J.S.A. 2C:43-7.2. In imposing the sentence, the judge ... need to deter) and twelve (victim over sixty years old). N.J.S.A. 2C:44-1(a)(9) and (12). The court then ... 19 23 (circumstances unlikely to reoccur), and nine (good character). N.J.S.A. 2C:44- 1(b)(3), (7) to (9). Based ...

docket:	a0898-19
court:	NJ Superior Court Appellate Division
decided:	2021-02-16
status:	Unpublished
citation:
Document Size:	43618

4866 MARCELLO BUSTAMANTE v. BOROUGH OF PARAMUS -- rank: 812

... entitling a plaintiff to reimbursement of counsel fees pursuant to N.J.S.A. 18A:16-6.1. Cressinger v. Bd . of Educ. of ... legal." Cannel, New Jersey Criminal Code Annotated , comment 10 on N.J.S.A. 2C:3-4 (2009) (citing State v. Mulvihill , 57 N ...

docket:	a1869-08
court:	superior court appellate division
decided:	2010-05-07
status:	Published
citation:	413 N.J. Super. 276 994 A.2d 573
Document Size:	93597

4867 STATE OF NEW JERSEY v. JOHN HARCHAR -- rank: 812

... dwelling or other structure would not expect to be observed. [ N.J.S.A. 2C:18-3(c).] A person commits fourth-degree lewdness ... actor is at least four years older than the child. [ N.J.S.A. 2C:14-4(b)(1).] The State offered the following ... his sexual gratification." This was pertinent only to lewdness. See N.J.S.A. 2C:14-4(b)(1). At the close of the ... a child who is less than 13 years of age." N.J.S.A. 2C:14-4(b)(1). After the fourth-degree lewdness ... with the disorderly-persons offense of lewdness in violation of N.J.S.A. 2C:14-4(a). After the jury verdict, the court ...

docket:	a4064-12
court:	NJ Superior Court Appellate Division
decided:	2015-03-06
status:	unpublished
citation:
Document Size:	48403

4868 STATE OF NEW JERSEY STATE AGRICULTURE DEVELOPMENT COMMITTEE v. QUAKER VALLEY FARMS LLC -- rank: 812

... executed pursuant to the Agriculture Retention and Development Act (ARDA), N.J.S.A. 4:1C-11 to -31, -32 to -37. Defendants graded ... hundred feet in length. Pursuant to its enforcement powers under N.J.S.A. 4:1C-33, the State Agriculture Development Committee (SADC) filed ... a violation of the New Jersey Civil Rights Act (NJCRA), N.J.S.A. 10:6-2, and other claims, arising out of the ... plan," pursuant to the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 to -55. 4 The SADC asserts that ... be retained for agricultural use and production in compliance with N.J.S.A. 4:1C-11 et seq., P.L. 1983, c.32 ... 1981, c.276, and the Agriculture Retention and Development Act, N.J.S.A. 4:1C-11 et seq., P.L. 1983, c. ...

docket:	a5710-12
court:	NJ Superior Court Appellate Division
decided:	2015-07-24
status:	unpublished
citation:
Document Size:	87086

4869 48 HORSEHILL, LLC v. KENRO CORPORATION, et al. -- rank: 812

... its statutory claims alleging violations of the Consumer Fraud Act, N.J.S.A. 56:8-1 to -20, and the Spill Fund Act, N.J.S.A. 58:10-23.11 to -23.24, against defendants, Gary ... Environmental Protection (DEP), pursuant to the Environmental Cleanup Responsibility Act, N.J.S.A. 13:1K-6 to -19, in which Kenro represented that ... or real estate . . . is declared to be an unlawful practice . . . . [ N.J.S.A. 56:8-2.] Plaintiff argues the Act applies to any ... removal costs incurred by the department or a local unit . . . . [ N.J.S.A. 58:10-23.11g c (1).] S ee Hous. Auth ... into the waters or onto the lands of [New Jersey]." N.J.S.A. 58:10-23.11b. The commonality among "these terms ...

docket:	A2682-04
court:	NJ Superior Court Appellate Division
decided:	2006-02-22
status:	unpublished
citation:
Document Size:	107131

4870 STATE OF NEW JERSEY v. ANGELO M. ROLLERI STATE OF NEW JERSEY v. JONATHAN CASTAGNETTO -- rank: 812

... two handguns without first obtaining a permit to carry them, N.J.S.A. 2C:39-5b, a .380 caliber semi-automatic handgun and ... 38 caliber revolver. They acquitted Castagnetto and Rolleri of murder, N.J.S.A. 2C:11-3a(1); felony murder, N.J.S.A. 2C:11-3a(3); robbery, N.J.S.A. 2C:15-1; theft, N.J.S.A. 2C:20-3; possession of two firearms with the purpose of using them unlawfully against another, N.J.S.A. 2C:39-4a; conspiracy to commit murder, N.J. ...

docket:	a2595-33
court:	New Jersey Superior Court Appellate Division
decided:	2011-11-03
status:	Published
citation:
Document Size:	55024

4871 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. T.C.R., SR. -- rank: 812

... best interests of the child warranted termination of parental rights. N.J.S.A. 30:4C-15.1(a). We disagree and affirm. During ... the child's best interest to preserve the family unit . . . ." N.J.S.A. 30:4C-1(a). More recently, "'[t]he child's ... 103 N.J. at 604-11, is now codified in N.J.S.A. 30:4C-15.1(a), and requires the State establish ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] The four criteria are not ... be reversed because the judge found no physical harm. See N.J.S.A. 30:4C-15.1(a)(1), (2). The claim lacks ... and an available alternative to termination of parental rights. See N.J.S.A. 30:4C-15.1(a)(3). The record belies ...

docket:	a1374-15
court:	NJ Superior Court Appellate Division
decided:	2016-10-17
status:	unpublished
citation:
Document Size:	42920

4872 STATE OF NEW JERSEY IN THE INTEREST OF J.A. -- rank: 812

... committing an act that would have constituted second-degree robbery, N.J.S.A. 2C:15-1(a)(1), if committed by an adult ... the juvenile indicate he is likely to commit another offense. N.J.S.A. 2A:4A-44(a)(1)(c). The judge relied on ... for deterring the juvenile and others from violating the law. N.J.S.A. 2A:4A-44(a)(1)(d),(g). These factors were ... of the public or any individual posed by the child. N.J.S.A. 2A:4A-44(a)(1)(i),( l ). The court determined ... the record. As the judge mistakenly cited the burglary section, N.J.S.A. 2C:18-2(a), rather than the robbery section, N.J.S.A. 2C:15-1(a)(1) in the Juvenile Order ...

docket:	a1624-14
court:	NJ Superior Court Appellate Division
decided:	2016-02-29
status:	unpublished
citation:
Document Size:	46626

4873 SUSSEX COUNTY MUNICIPAL UTILITIES AUTHORITY v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 812

... pertinent statutes and regulations. The Water Pollution Control Act (WPCA), N.J.S.A. 58:10A-1 to -20, was enacted in 1977. As ... this delegation. L. 1977, c. 74, § 2 (codified at N.J.S.A. 58:10A-1 to -20). Recognizing that pollution of our ... required by the Federal Act. A permit program, established by N.J.S.A. 58:10A-6, which prohibits the discharge of pollutants into ... may prescribe for ground water. Applicable definitions are contained in N.J.S.A. 58:10A-3 including: e. "Discharge" means an intentional or ... both hazardous and nonhazardous pollutants[.] The Commissioner is empowered by N.J.S.A. 58:10A-4 (emphasis added) to prepare, adopt, amend, repeal ... including toxic effluents as indicated herein[.] "Permit" is defined by N.J.S.A. 13:1D-101 to include any permit issued by ...

docket:	a4723-05
court:	njappellate
decided:	2007-06-27
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	98915

4874 STATE OF NEW JERSEY VS ANTHONY PROTO -- rank: 812

... 1 Count one charged defendants with conspiracy to commit racketeering, N.J.S.A. 2C:41-2d and 2C:5-2. Count two charged all six with racketeering, N.J.S.A. 2C:41-2b, -2c. Count three charged Bisaccia as a leader of organized crime, N.J.S.A. 2C:5-2g. Count four charged the defendants except Proto ... conspiracy involving the hijacking of a trailer load of cigarettes, N.J.S.A. 2C:15-1 and 2C:2-6, and kidnapping the driver, N.J.S.A. 2C:13-1b and 2C:2-6, while count seven ... charged Fulco and Muccigrosso with receipt of the stolen cigarettes, N.J.S.A. 2C:5-2, and count eleven charged them with ...

docket:	a3697-92
court:	njappellate
decided:	1999-03-02
status:	published
citation:	319 N.J.Super. 1
Document Size:	56230

4875 Furst v. Einstein Moomjy, Inc. -- rank: 812

... unanimous Court. In this Consumer Fraud Act case, pursuant to N.J.S.A. 56:8-1 to –20, the Court determines whether plaintiff ... Act, the Court must determine his ascertainable loss, pursuant to N.J.S.A. 56:8-19. Because there exists neither plain meaning nor ... warehouse clearance sale in violation of the Consumer Fraud Act, N.J.S.A. 56:8-1 to -20. The trial court determined that ... other things, violations of the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-1 to -20, fraud, and breach of warranty ... in connection with the sale or advertisement of any merchandise . . . .” N.J.S.A. 56:8-2. The Act protects against knowing misrepresentations, omissions ... are treble damages, reasonable attorneys’ fees, and costs of suit. N.J.S.A. 56:8-19. The purpose of those remedies is ...

docket:	a-77-03
court:	njsupreme
decided:	2004-11-15
status:
citation:	182 N.J. 1
Document Size:	76852