Search Rutgers Law Library N.J. Court Opinions

4996 STEVEN M. LONEGAN; STOP THE DEBT.COM, LLC v. STATE OF NEW JERSEY et al. -- rank: 812

... declaring that the Educational Facilities Construction and Financing Act (EFCFA), N.J.S.A. 18A:7G-1 et seq. , and other statutes authorizing contract ... into law the Educational Facilities Construction and Financing Act (EFCFA), N.J.S.A. 18A:7G-1 et seq. Enacted in response to Abbott ... it by the Supreme Court to provide adequate educational facilities. N.J.S.A. 18A:7G-2b. Specifically, the EFCFA provides State funding and ... created by L . 1974, c. 80, effective August 7, 1974 ( N.J.S.A. 34:1B-1 et seq. ), to act as a general ... facilities, predominantly in the Abbott districts. See footnote 3 3 N.J.S.A. 18A:7G-2c.     To that end, the EDA is authorized ... borrow money to fund these projects. See footnote 4 4 N.J.S.A. 18A:7G-17 and 18. The EDA and the ...

docket:	A2919-00
court:	NJ Superior Court Appellate Division
decided:	2001-06-27
status:	published
citation:	341 N.J. Super. 465 775 A.2d 586
Document Size:	61854

4997 STATE OF NEW JERSEY v. VIRGIL D. BALDWIN -- rank: 812

... and Robert King challenge their convictions for second-degree robbery, N.J.S.A. 2C:15-1, following a joint jury trial. On July ... parole ineligibility period under the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. On that same date, the judge ... EXTENDED TERM SENTENCE AS A [REPEAT] VIOLENT OFFENDER PURSUANT TO N.J.S.A. 2C:43-7.1b(1) AND THEREFORE HIS EXTENDED TERM ... tailor its charge to the facts of the case. Under N.J.S.A. 2C:15-1a, [a] person is guilty of robbery if ... aid Baldwin in committing a theft rather than a robbery." N.J.S.A. 2C:2-6 provides in pertinent part: c. A person ... extended term under the provisions of the "Three-Strikes Law," N.J.S.A. 2C:43-7.1a. Baldwin mistakenly relies on State ...

docket:	a0562-13
court:	NJ Superior Court Appellate Division
decided:	2015-12-14
status:	unpublished
citation:
Document Size:	56806

4998 IN THE MATTER OF THE ADOPTION OF A CHILD BY C.J. -- rank: 812

... The complaint similarly alleged Gloria had abandoned Gail pursuant to N.J.S.A. 9:6-1. A-2593-17T4 7 The trial court ... under the statute, the [c]ourt also examined standards in N.J.S.A. 30:4C- for additional guidance on the best interest of ... safety, health and development. A-2593-17T4 12 Pursuant to N.J.S.A. 9:3-46(a) and the aforementioned factors including case ... of the child. In concluding the preliminary hearing pursuant to N.J.S.A. 9:3-48(c), the [c]ourt finds . . . [Gloria]'s objection to this adoption has been contravened pursuant to N.J.S.A. 9:3-46. The child is fit for adoption and ... S. at 753). A-2593-17T4 14 The Adoption Act, N.J.S.A. 9:3-46, contemplates two distinct types of adoptions: ...

docket:	a2593-17
court:	NJ Superior Court Appellate Division
decided:	2020-04-28
status:	Published
citation:
Document Size:	45517

4999 STATE OF NEW JERSEY v. JOHN D. SEARLES -- rank: 812

... returned an indictment charging defendant with first-degree attempted murder, N.J.S.A. 2C:5-1 and N.J.S.A. 2C:11-3(a)(1) and (2); second- degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b); second-degree A-0031-19 2 possession of a firearm for an unlawful purpose, N.J.S.A. 2C:39-4(a); and fourth-degree unlawful possession of a defaced firearm, N.J.S.A. 2C:39-3(d). During the five-day trial, the ... Emphases added).] See also Model Jury Charges (Criminal), 'Attempted Murder ( N.J.S.A. 2C:5-1; N.J.S.A. 2C:11- ...

docket:	a0031-19
court:	NJ Superior Court Appellate Division
decided:	2023-04-03
status:	Unpublished
citation:
Document Size:	43817

5000 LEONARD ROTHENBERG v. TOWNSHIP OF LONG BEACH -- rank: 812

... Jersey as wetlands pursuant to the Wetlands Act of 1970 ( N.J.S.A. 13:9A-1 [to -10]) shall be included in calculating ... decision. The trial judge concluded that plaintiffs presented "a classic [ N.J.S.A. 40:55D-70](c)(1) variance application[,] given the topographical ... purpose of deciding whether plaintiffs satisfied the negative criteria under N.J.S.A. 40:55D-70 with respect to fire and emergency vehicle ... Township and Board first argue that plaintiffs lacked standing under N.J.S.A. 40:55D-70 to apply for a variance because they ... J. 398 , 417-18 (1991). The Municipal Land Use Law, N.J.S.A. 40:55D-1 to -163, authorizes local boards of adjustment ... exceptional and undue hardship upon, the developer of such property." N.J.S.A. 40:55D-70(c)(1) (emphasis added). The statute ...

docket:	a4403-11
court:	NJ Superior Court Appellate Division
decided:	2013-05-15
status:	unpublished
citation:
Document Size:	86045

5001 STATE OF NEW JERSEY v. MICHAEL HAWKINS -- rank: 812

... in Indictment No. 00-12-3231 with first-degree murder, N.J.S.A. 2C:39-4a (Count Three). On February 5, 2001, an ... 02-530, charging defendant with third-degree receiving stolen property, N.J.S.A. 2C:20-7 (Count One); second-degree eluding, N.J.S.A. 2C:29-2b (Count Two); second-degree aggravated assault, N.J.S.A. 2C:39-5b (Count Six). Following a six-day jury ... 2:10-2. A justification defense is "not relevant under N.J.S.A. 2C:39-4a" because if defendant possessed a weapon only ... presumptive terms, but left intact the sentencing ranges contained in N.J.S.A. 2C:43-6a. Id. at 487. For defendants whose ...

docket:	a4159-02
court:	njappellate
decided:	2006-01-23
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	78562

5002 STATE OF NEW JERSEY v. ANTHONY M. JACKSON -- rank: 812

... second-degree sexual assault as to victim D.B., 1 N.J.S.A. 2C:14-2(c)(1) (count seven); second-degree aggravated ... or causing serious bodily injury upon another victim, S.P., N.J.S.A. 2C:12-1(b)(1) (count five); third-degree aggravated ... assault attempting or causing significant bodily injury upon D.B., N.J.S.A. 2C:12-1(b)(7) (count six); two counts of ... criminal restraint as to both D.B. and S.P., N.J.S.A. 2C:13-2(a) (counts one and two); fourth-degree criminal trespass, N.J.S.A. 2C:18-3(a) (count three); third- degree possession of a weapon (a baseball bat) for an unlawful purpose, N.J.S.A. 2C:39-4(d) (count twelve); and fourth-degree ...

docket:	a4141-16
court:	NJ Superior Court Appellate Division
decided:	2018-11-26
status:	Unpublished
citation:
Document Size:	50818

5003 PANAGIOTI L GIANNAKOPOULOS v. MID STATE MALL -- rank: 812

... was entitled to tolling of the statute of limitations under N.J.S.A. 2A:14-21 due to his mental incapacity. Consequently, we ... Judge Kravarik noted that the two-year statute of limitations, N.J.S.A. 2A:14-2, could be tolled by insanity and mental derangement, or lack of consciousness. See N.J.S.A. 2A:14-21. While expressing some concern for the possible ... of the accident and the statute of limitations was tolled. N.J.S.A. 2A:14-21. Hence, we vacate the order granting summary ... year statute of limitations for commencing a personal injury lawsuit, N.J.S.A. 2A:14-2, may be tolled by the plaintiff's ... person entitled to commence an action or proceeding specified in N.J.S.A. 2A:14-1 to 2A:14-8 . . . is . . . a ...

docket:	a1955-13
court:	NJ Superior Court Appellate Division
decided:	2014-12-31
status:	published
citation:	438 N.J.Super. 595 106 A.3d 507
Document Size:	57149

5004 /usr/local/share/www/libweb/collections/courts/tax/014534-15.opn.html -- rank: 812

... years ago and was never readopted, where the controlling law, N.J.S.A. 40A:21-4 allows an ordinance to exist for only ... and can be a “tax matter” for purposes of N.J.S.A. 2B:13-2, it is not a decision of a ... district the authority to provide tax exemptions and/or abatements. N.J.S.A. 40A:21-1 et seq. The “purpose” of the ... features of the existing tax exemption and abatement programs.” N.J.S.A. 40A:21-2. Pursuant to the Five Year Law, a ... tax exemptions and/or abatements through adoption of an ordinance. N.J.S.A. 40A:21-4. That ordinance can specify the “eligibility ... commercial . . . structures,” there are certain conditions and time limitations. N.J.S.A. 40A:21-7. In this regard, the ordinance may ...

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court:	NJ Superior Court Law/Chancery Division
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Document Size:	51160

5005 Vasil Kovalcik v. Somerset County Prosecutor\'s Office -- rank: 812

... of the provisions of the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, that create exemptions applicable to ... have been deemed to be confidential by a court order, N.J.S.A. 47:1A-1.1. The second provision at issue exempts personnel records from disclosure, N.J.S.A. 47:1A-10. Following a criminal investigation, the specifics of ... advance this policy by broadly defining “government records,” N.J.S.A. 47:1A-1.1, and by publicly declaring that they shall be accessible, N.J.S.A. 47:1A-1. Notwithstanding that sweeping declaration, the right to ... has declared in the exemption provision relating to personnel records, N.J.S.A. 47:1A-10, that personnel records are, by definition, ...

docket:	a-43-10
court:	superior court trial
decided:	2011-06-21
status:
citation:
Document Size:	62118

5006 STATE OF NEW JERSEY v. EDWIN ESTRADA -- rank: 812

... guilty to a reduced charge of first-degree aggravated manslaughter, N.J.S.A. 2C:11-4(a). The State, in turn, agreed to ... No Early Release Act ('NERA'), 4 A-2078-14T 3 N.J.S.A. 2C:43-7.2. The first judge accepted the factual ... 2014, defendant was sentenced on count four, first-degree murder, N.J.S.A. 2C:11-3(a)(1) and (2), to a sixty ... investigation and report is mandatory. Rule 3:21-2(a); N.J.S.A. 2C:44-6(a); State v. Roth, 95 N.J ... to order additional medical or psychological testing of a defendant. N.J.S.A. 2C:44-6(c). In imposing a sentence that arises ...

docket:	a2078-14
court:	NJ Superior Court Appellate Division
decided:	2016-09-12
status:	unpublished
citation:
Document Size:	116626

5007 /usr/local/share/www/libweb/collections/courts/appellate/a6041-17.opn.html -- rank: 812

... on the brief). PER CURIAM In this Title 9 Action, N.J.S.A. 9:6-8.21 to -8.73, plaintiff, the New ... Terry] is not attending to their medical needs .' 2 Under N.J.S.A. 9:6-8.21(c)(4)(a), an abused or ... means to do so. 'The reference to education contained in N.J.S.A. 9:6-8.21(c)(4)(a) concerns parental encouragement ... under a Title 30 action for care and supervision. See N.J.S.A. 30:4C-12. A-6041-17T3 12 On appeal, in ... governed by statute, court rules, and the rules of evidence. N.J.S.A. 9:6-8.46(b) provides that only 'competent, material ... given reasonable time to prepare to answer the amended allegations.' N.J.S.A. 9:6-8.50(b). A court allowing an ...

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5008 DITROLIO V. ANTILES -- rank: 812

... of one adjudication. E.g. , New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 to -42 (LAD) ( providing for single action ...

docket:	a-145-94
court:	njsupreme
decided:	1995-08-01
status:
citation:	142 N.J. 253
Document Size:	71350

5009 STATE OF NEW JERSEY v. QUADIR T. NELSON -- rank: 812

... Quadir Nelson of second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5b (count one). 1 On July 11, 2011 ... with four years' parole ineligibility, pursuant to the Graves Act, N.J.S.A. 2C:43-6c. 2 The court also imposed appropriate fines ... parole ineligibility was clearly justified pursuant to the Graves Act , N.J.S.A. 2C:43-6(f). The judge correctly applied legal principles ... pose a serious injustice overriding the need to deter. See N.J.S.A. 2C:44-5h (providing a term of imprisonment for a ... 2011. The jury convicted defendant of fourth—degree resisting arrest, N.J.S.A. 2C:29-2a (count three), but deadlocked on count one and count two, fourth-degree hindering prosecution, N.J.S.A. 2C:29-3b. Prior to retrial, the court dismissed ...

docket:	a0367-11
court:	NJ Superior Court Appellate Division
decided:	2013-04-29
status:	unpublished
citation:
Document Size:	62082

5010 /usr/local/share/www/libweb/collections/courts/appellate/a2396-11.opn.html -- rank: 812

... the brief). PER CURIAM The Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, generally provides for ready access ... of the Governor[,]" or by "Executive Order of the Governor." N.J.S.A. 47:1A-1; see also N.J.S.A. 47:1A-9 (extending pre-OPRA exemptions provided on the ... to the safety of persons, property, electronic data or software." N.J.S.A. 47:1A-1.1. In response to our decision in ... Citing OPRA's exemption for "Security Measures or Surveillance Techniques," N.J.S.A. 47:1A-1, EO47, and the proposed Regulation, NJSP denied ... is currently accessible to the public as set forth in N.J.S.A. 47:1A-10 ." 2 Ibid. The Regulation now provides: [ ...

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court:	NJ Superior Court Law/Chancery Division
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Document Size:	43100