Search Rutgers Law Library N.J. Court Opinions

4876 Reinaldo Carmona v. Resorts International Hotel, Inc. -- rank: 812

... retaliated against in violation of the Law Against Discrimination (LAD), N.J.S.A. 10:5-12d. Specifically, this appeal requires that we address ... enjoyment of, any right granted or protected by this act. [ N.J.S.A. 10:5-12d.] The LAD is one of New Jersey ... LAD with the later-adopted Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -8, which was enacted “to provide ... case in which a plaintiff alleges retaliation under the LAD, N.J.S.A. 10:5-12d, the plaintiff bears the burden of proving ... C. §§ 2601-2654, or the New Jersey Family Leave Act, N.J.S.A. 34:11B-1 to -16, or both. Footnote: 2     Santiago ...

docket:	a-83-05
court:	njsupreme
decided:	2007-02-21
status:
citation:	189 N.J. 354
Document Size:	80561

4877 Dobco, Inc. v. Bergen County Improvement Authority -- rank: 812

... specifically by any other law.” Id. at 539 (quoting N.J.S.A. 40A:11-4(a)). Stressing “[i]t is beyond ... LRHL “provide[] otherwise” and thus negate the requirements of N.J.S.A. 40A:11-4(a) in this case. After reviewing the ... provisions of this act,’” id. at 542 (quoting N.J.S.A. 40:37A-55.1). The Appellate Division “reject[ed ... not exempt the BCIA from the procurement process specified in N.J.S.A. 40A:11-4(a). Id. at 543-45. The court noted that “ N.J.S.A. 40A:12A-8(g) permits a redevelopment entity to â ... was required to comply with the public bidding requirements of N.J.S.A. 40A:11-4(a), a provision of the LPCL, ...

docket:	a-18-19-21
court:	NJ Supreme Court
decided:	2022-04-28
status:
citation:
Document Size:	36189

4878 ANITA M. KLEIN v. BRISTOL GLEN, INC. -- rank: 812

... whether defendants were charitable organizations entitled to charitable immunity under N.J.S.A. 2A:53A-7, and that the trial court incorrectly ruled that N.J.S.A. 2A:53A-9 provides immunity to all nursing homes, whether ... that Bristol Glen and UMH were "charitable organizations" pursuant to N.J.S.A. 2A:53A-7 and -9 based on the "undisputed facts ... court ruled that the two defendants were charitable institutions under N.J.S.A. 2A:53A-7 because they were non-profit corporations whose ... Christian spirituality in the community. The court also concluded that N.J.S.A. 2A:53A-9 "specifically enumerates non-profit nursing homes as ... 1950s, the Legislature responded by enacting the Charitable Immunity Act, N.J.S.A. 2A:53A-7 to -11, to restore charitable immunity ...

docket:	a1382-08
court:	superior court appellate division
decided:	2010-08-04
status:	unpublished
citation:
Document Size:	68033

4879 STATE OF NEW JERSEY v. SHAWN REEVES -- rank: 812

... invalidated the 'justifiable need' requirement that had been codified in N.J.S.A. 2C:58-4(d), thus precipitating a significant change to ... by indictment with second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b), and fourth-degree impersonating a police officer, N.J.S.A. 2C:28-8(b). He was tried before a jury ... motion for a Graves Act 1 sentencing waiver pursuant to N.J.S.A. 2C:43-6.2. On October 7, 2020, defendant was ... employer. He also was wearing a 'duty belt,' which 1 N.J.S.A. 2C:43-6(c) generally requires that defendants convicted of ... POINT II THE COURT ERRED IN INSTRUCTING THE JURY ON N.J.S.A. 2C:39-6, WHICH CREATES EXEMPTIONS FOR PEOPLE WITHOUT ...

docket:	a0921-20
court:	NJ Superior Court Appellate Division
decided:	2023-03-06
status:	Unpublished
citation:
Document Size:	47633

4880 DONALD NUCKEL v. BOROUGH OF LITTLE FERRY -- rank: 812

... current affordable housing obligation pursuant to the Fair Housing Act, N.J.S.A. 52:27D-301 to -329. Nuckel v. Borough of Little ... adoption failed to comply with a provision of the FHA, N.J.S.A. 52:27D-310(b), that requires the HEFSP to include ... because the HEFSP in fact complies with the requirements of N.J.S.A. 52:27D-310(b). Our review of the trial court ... with plaintiffs that whether Little Ferry's HEFSP complies with N.J.S.A. 52:27D-310(b) is not an issue identical to ... that a municipality adopt an HEFSP, the FHA provides in N.J.S.A. 52:27D-310: A municipality's housing element . . . shall contain ... N.J. 502 , 577-78 (2002) (the components listed in N.J.S.A. 52:27D-310 must be included in the housing ...

docket:	a0672-13
court:	NJ Superior Court Appellate Division
decided:	2015-02-24
status:	unpublished
citation:
Document Size:	62209

4881 /usr/local/share/www/libweb/collections/courts/appellate/a0201-17.opn.html -- rank: 812

... and Andrea Dunbrack challenging their convictions for: first-degree robbery, N.J.S.A. 2C:15-1(a)(1); second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b); second-degree possession of a weapon for an unlawful purposes, N.J.S.A. 2C:39-4(a); second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b) (Dunbrack only); and fourth- degree resisting arrest, N.J.S.A. 2C:29-2(a)(2) (Rodriguez only). State v. Dunbrack ... period of time before the commission of the present offense[, N.J.S.A. 2C:44– 1(b)(7)]. The [c]ourt also ...

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court:
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4882 STATE OF NEW JERSEY v. ANDRE SMITH -- rank: 812

... pled guilty to second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b)(1); second-degree certain persons not have weapons, N.J.S.A. 2C:39-7(b)(1); and third-degree possession of marijuana with intent to distribute, N.J.S.A. 2C:35-5(b)(11). On July 20, 2018, the ... 0873, charging defendant with second-degree possession of a handgun, N.J.S.A. 2C:39-5(b)(1) (count one); fourth-degree possession of marijuana, N.J.S.A. 2C:35-10(a)(3) (count two); third-degree possession of marijuana with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and N.J.S. ...

docket:	a2757-18
court:	NJ Superior Court Appellate Division
decided:	2021-02-12
status:	Unpublished
citation:
Document Size:	42138

4883 J.D. v. LUCILLE DAVY -- rank: 812

... provisions in the Educational Facilities Construction and Financing Act (EFCFA), N.J.S.A. 18A:7G-1 to -48, and the Charter School Program Act of 1995 (CSPA), N.J.S.A. 18A:36A-1 to -18, that govern state funding for ... of the per pupil funding provided to traditional public schools, N.J.S.A. 18A:36A-12, and charter schools are excluded from receiving ... funding for facilities under the provisions of EFCFA, s ee N.J.S.A. 18A:7G-3, and the CSPA, se e N.J.S.A. 18A:36A-10. Newark is a former Abbott district, now ... s traditional public schools receive one hundred percent facilities funding. N.J.S.A. 18A:7G-5k. All non-SDA districts in the ...

docket:	a1375-08
court:	superior court appellate division
decided:	2010-07-16
status:	Published
citation:	415 N.J. Super. 375 2 A.3d 387
Document Size:	89800

4884 Morgan v. Kristin Morgan -- rank: 812

... was heard by the trial judge four years ago. 1. N.J.S.A. 9:2-2 provides that when the Superior Court has ... An analysis of New Jersey’s removal scheme begins with N.J.S.A. 9:2-2: When the Superior Court has jurisdiction over ... court, upon cause shown, shall otherwise order. The purpose underlying N.J.S.A. 9:2-2 is: to preserve the rights of the ... in Cooper we held that: When removal is challenged under N.J.S.A. 9:2-2, we hold that to establish sufficient cause ... dependent on what is in the child’s best interests. N.J.S.A. 9:2-4; see Baures , supra , 167 N.J. at ... a legal right to express a preference regarding the move. N.J.S.A. 9:2-2; Baures , supra , 167 N.J. at ...

docket:	a-1-10
court:	New Jersey Supreme Court
decided:	2011-02-08
status:
citation:
Document Size:	75446

4885 STATE OF NEW JERSEY v. ORLANDO A. HERNANDEZ -- rank: 812

... motor vehicle while in possession of a controlled dangerous substance, N.J.S.A. 39:4-49.1, improper display of registration plates, N.J.S.A. 39:3-33, and failure to have a driver's side, external rearview mirror, N.J.S.A. 39:3-71. DeCamp transported defendant to police headquarters, when ... or more ounces of cocaine with the intent to distribute, N.J.S.A. 2C:35-5(a)(1) and (b)(1); third-degree possession of cocaine, N.J.S.A. 2C:35-10(a)(1); third-degree possession of cocaine ... to distribute while within 1,000 feet of a school, N.J.S.A. 2C:35-7; and second-degree possession of cocaine ...

docket:	a1367-19
court:	NJ Superior Court Appellate Division
decided:	2021-12-13
status:	Unpublished
citation:
Document Size:	49651

4886 STATE OF NEW JERSEY v. J.M. -- rank: 812

... filed under the Crime Victim's Bill of Rights (CVBR), N.J.S.A. 52:4B-34 to -38, and the Victims' Rights Amendment ... summons against J.M. for simple assault, in violation of N.J.S.A. 2C:12-1(a)(1). The matter was ultimately transferred ... that the record could be reviewed in camera pursuant to N.J.S.A. 2C:52-19 to determine whether an appeal to the ... 9 owed [to] her under the CVBR and VRA.' See N.J.S.A. 52:4B-36(a); N.J. Const. art. I, Â ... is a question of law subject to de novo 2 N.J.S.A. 52:4B-37 defines 'victim' as 'a person who suffers ... crimes within the meaning of the Constitution of this State.' N.J.S.A. 2C:1-4(b)(1). Nonetheless, neither the State ...

docket:	a2984-21
court:	NJ Superior Court Appellate Division
decided:	2023-05-17
status:	Unpublished
citation:
Document Size:	36120

4887 IN THE MATTER OF THE CIVIL COMMITMENT OF M.T. -- rank: 812

... pursuant to New Jersey's Sexually Violent Predator Act (SVPA), N.J.S.A. 30:4-27.24 to -27.38. In his appeal ... pled guilty to second-degree sexual assault of a minor, N.J.S.A. 2C:14-2(c), for which the court sentenced him ... T., a jury convicted M.T. of first-degree kidnapping, N.J.S.A. 2C:13-1(b); third-degree aggravated criminal sexual contact, N.J.S.A. 2C:14-3(a); fourth-degree criminal sexual contact, N.J.S.A. 2C:14-3(b); and third-degree criminal restraint, N.J.S.A. 2C:13-2. The court sentenced M.T. to ...

docket:	a3896-11
court:	NJ Superior Court Appellate Division
decided:	2014-05-28
status:	unpublished
citation:
Document Size:	49289

4888 STATE OF NEW JERSEY v. RYAN I. BUNTY -- rank: 812

... the Middlesex County pre-trial intervention (PTI) program pursuant to N.J.S.A. 2C:43-12(f), and from the court's February ... 2012 of a controlled dangerous substance (MDMA), in violation of N.J.S.A. 2C:35-5a(1) and N.J.S.A. 2C:35-5b(5) (count one); third-degree distribution on ... substance (MDMA) on or near school property, in violation of N.J.S.A. 2C:35-7 (count two), third- degree distribution on February ... 2012 of a controlled dangerous substance (MDMA) in violation of N.J.S.A. 2C:35-5a(1) and N.J.S.A. 2C:35-5b(5) (count three); third-degree distribution ...

docket:	a2745-12
court:	New Jersey Superior Court Appellate Division
decided:	2014-11-11
status:	Published
citation:
Document Size:	30726

4889 691 Pompton Avenue Realty, LLC v. Township of Cedar Grove -- rank: 812

... contract on October 1 . . . [of the pre-tax year].” N.J.S.A. 54:4-23. For the purpose of assessing tax, property ... The law permits pre-existing, non-conforming structures to continue, N.J.S.A. 40:55D-68, but the ability to modify them is ... 37.00 x 26,168 = $970,000 (rounded). Pursuant to N.J.S.A. 54:51A-6a, commonly referred to as Chapter 123, in ... level range. The common level 22 range is defined by N.J.S.A. 54:1-35a(b) as “that range which is ... at 100% of the subject property’s true market value. N.J.S.A. 54:51A-6(c). Because there were existing improvements on ... Englewood, 15 N.J. Tax 537 , 546-7 (Tax 1996); N.J.S.A. 54:4-26; N.J.A.C. 18:12- ...

docket:	001513-13
court:	NJ Tax Court
decided:	2019-02-15
status:	Unpublished
citation:
Document Size:	62285

4890 QUICK CHEK CORPORATION v. HOWELL TOWNSHIP ZONING BOARD OF ADJUSTMENT -- rank: 812

... special notice requirements of the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 to -163. Specifically, Zimmerman opined that the Township was required to comply with N.J.S.A. 40:55D-62.1, which requires notice to all owners ... classification of the HD-3 zone within the meaning of N.J.S.A. 40:55D-62.1. Zimmerman explained that before the ordinance ... body could not pass a zoning amendment without complying with N.J.S.A. 40:55D-62.1, although he later clarified, on cross ... changes in classification that would necessitate the notice requirements of N.J.S.A. 40:55D-62.1. He concluded that Ordinance 0-11 ... a zoning district without complying with the notice provision of N.J.S.A. 40:55D-62.1, Ordinance No. 0-11-47 ...

docket:	a3376-12
court:	NJ Superior Court Appellate Division
decided:	2014-11-07
status:	unpublished
citation:
Document Size:	61494