Search Rutgers Law Library N.J. Court Opinions

5071 VALERIE SHEDLOCK v. DIRECTOR, DIVISION OF TAXATION -- rank: 812

... by summary judgment is appropriate. APPLICABLE LAW A. Inheritance Tax N.J.S.A. 54:34-1 imposes tax upon “the transfer of ... in possession or enjoyment at or after such death.” N.J.S.A. 54:34-1. The second paragraph of N.J.S.A. 54:34-1(c) provides a presumption that a transfer ... or held to have been made in contemplation of death. [ N.J.S.A. 54:34-1(c) (emphasis added).] Similarly, N.J.S.A. 54:34-1.1 extends a presumption that a transfer ... v. Schad, 160 N.J. 156 , 170 (1999)). ANALYSIS A. N.J.S.A. 54:34-1(c): Transfer Made in Contemplation of ...

docket:	08644-18
court:	NJ Tax Court
decided:	2019-04-30
status:	Published
citation:
Document Size:	42967

5072 SUSAN MEGLINO v. WELLS FARGO BANK, N.A. -- rank: 812

... to the DCJ under the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, but the request was "denied pursuant to [ N.J.S.A. ] 47:1A-1.1" as exempted criminal investigatory records. Plaintiffs ... the Insurance Fraud [P]rosecutor [(OIFP)] under the provisions of N.J.S.A. 17:33A-10," which "authorizes the issuance of subpoenas" that ... a violation of the New Jersey Civil Rights Act (CRA), N.J.S.A. 10:6-2(c), 9) tort, and 10) contempt of ... in both lawsuits is the Insurance Fraud Protection Act (IFPA), N.J.S.A. 17:33A-1 to -30, which authorizes the OIFP to investigate and prosecute insurance fraud. N.J.S.A. 17:33A-16, -19. The statute protects those who ...

docket:	a0443-12
court:	NJ Superior Court Appellate Division
decided:	2014-09-04
status:	unpublished
citation:
Document Size:	74503

5073 /usr/local/share/www/libweb/collections/courts/appellate/a4628-19.opn.html -- rank: 812

... terminate his obligations under Community Supervision for Life (CSL), 1 N.J.S.A. 2C:43-6.4, and the Registration and Community Notification Law, N.J.S.A. 2C:7-1 to -23, also known as Megan's ... of proof on registrants seeking to be terminated from PSL. N.J.S.A. 2C:43-6.4(c) (2004). In this case, registrant ... THE TIME OF THE OFFENSE. [3] Superintendent of State Police. N.J.S.A. 2C:7-2(a)(1), 4(d).'' J.S., 444 ... was arrested and eventually charged with second-degree sexual assault, N.J.S.A. 2C:14-2(b), and second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a). He pled guilty to third- ...

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5074 STATE OF NEW JERSEY v. JOSEPHINE CASTAGNA -- rank: 812

... serious bodily injury to the victim, resulting in his death, N.J.S.A. 2C:437-.2, and to consecutive seven-year terms of ... eighty-five percent period of parole ineligibility pursuant to NERA. N.J.S.A. 2C:43-7.2. As an express condition of their ...

docket:	a4471-01
court:	njappellate
decided:	2005-04-12
status:	published
citation:	376 N.J. Super. 323
Document Size:	91243

5075 LILLIAN DOBRE v. NIKSA DOBRE -- rank: 812

... N.J. Super. 213, 219 (App. Div. 2008). Pursuant to N.J.S.A. 37:2-38, the party seeking to invalidate a prenuptial ... party executed the agreement involuntarily,' or the agreement is unconscionable. N.J.S.A. 37:2-38(c) also provides that an agreement is ... in writing, the opportunity to consult with independent legal counsel.' N.J.S.A. 37:2-38(c)(4). Regarding this issue, Akst's ... earnings, property and financial obligations' of plaintiff, as mandated by N.J.S.A. 37:2-38(c)(1). See also Ladenheim v. Klein ... absence of both full disclosure and independent legal counsel. See N.J.S.A. 37:2-38(c). B. Equitable Distribution of Gifts Received ... 17 A-1315-15T2 either of them during the marriage . . . .' N.J.S.A. 2A:34-23(h). Property acquired 'by either party ...

docket:	a1315-15
court:	NJ Superior Court Appellate Division
decided:	2018-04-20
status:	unpublished
citation:
Document Size:	102790

5076 HARRISON REDEVELOPMENT AGENCY v. FER BOULEVARD REALTY CORP -- rank: 812

... examination and closing argument, was contrary to the terms of N.J.S.A. 40:55D-68, which is a provision of the Municipal Land Use Law ("MLUL"), N.J.S.A. 40:55D-1 to -163, and therefore unenforceable. Lastly, FER ... fail to require proof in accordance with the application of N.J.S.A. 40:55D-68 that the property owner intended to abandon ... s valuation. II. Under the Eminent Domain Act of 1971, N.J.S.A. 20:3-1 to -50, and constitutional principles, a governmental ... during summations, which neither side ultimately did. The MLUL, specifically N.J.S.A. 40:55D-68, has been construed as allowing a property ... whether the owner intended to abandon the property. Ibid. Under N.J.S.A. 40:55D-68, then, either § 225-97 (from ...

docket:	a1362-13
court:	NJ Superior Court Appellate Division
decided:	2015-04-09
status:	unpublished
citation:
Document Size:	88977

5077 STATE OF NEW JERSEY VS CHARLES MUCCIGROSSO -- 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:	a5441-92
court:	njappellate
decided:	1999-03-02
status:	published
citation:	319 N.J.Super. 1
Document Size:	56236

5078 JAMES D. BORDONE v. PASSAIC PUBLIC LIBRARY TRUST -- rank: 812

... complaint alleged violations of the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -14, the New Jersey Civil Rights Act (NJCRA), N.J.S.A. 10:6-1 to -2, and common law causes of ... complaint were dismissed based on CEPA's waiver provision. See N.J.S.A. 34:19-8. The court found that the non-CEPA ... he or she performed a 'whistle-blowing' activity described in N.J.S.A. 34:19-3(c); (3) an adverse employment action was ... 451, 462 (2003)).] Plaintiff's CEPA claim was brought under N.J.S.A. 34:19- 3(c)(1) to (3) which precludes an ... public health, safety or welfare or protection of the environment.' N.J.S.A. 34:19-3(c)(1) to (3). Plaintiff alleges ...

docket:	a2299-15
court:	NJ Superior Court Appellate Division
decided:	2018-05-18
status:	unpublished
citation:
Document Size:	74313

5079 BOROUGH OF MERCHANTVILLE v. MALIK & SON, LLC -- rank: 812

... we hold that a condemning authority is not obligated under N.J.S.A. 20:3-6 to negotiate with the assignee of a ... oral argument. He concluded that the Eminent Domain Act ("Act"), N.J.S.A. 20:3-1 to -50, did not require the Borough ... an area in need of redevelopment as set forth in N.J.S.A. 40A:12A-5. A study was conducted and reports were ... based on criteria "a" (deterioration/disrepair) and "d" (dilapidation) of N.J.S.A. 40A:12A-5; however, eminent domain proceedings were not instituted ... refusal thereof shall be evidential in the determination of compensation. [ N.J.S.A. 20:3-6 (emphasis added).] "If the government does not ... for a public purpose under the power of eminent domain[,]" N.J.S.A. 20:3-2(c), and the specific section, N. ...

docket:	a3745-11
court:	NJ Superior Court Appellate Division
decided:	2013-02-05
status:	published
citation:	429 N.J.Super. 416 59 A.3d 1085
Document Size:	53278

5080 ASCENTIUM CAPITAL LLC v. AA MANAGEMENT SYSTEMS LIMITED LIABILITY COMPANY -- rank: 812

... New Jersey Consumer Fraud Act (CFA), A-3813-17T4 3 N.J.S.A. 56:8-1 to -211, and awarded damages and attorneys ... declared to be an unlawful practice. A-3813-17T4 27 [N.J.S.A. 56:8-2.] 'Sale' in the CFA is defined to ... or attempt directly or indirectly to sell, rent or distribute.' N.J.S.A. 56:8-1(e). The CFA applies to claims by ...

docket:	a3813-17
court:	NJ Superior Court Appellate Division
decided:	2019-10-28
status:	Unpublished
citation:
Document Size:	53655

5081 STATE OF NEW JERSEY v. DONNELL LOGAN -- rank: 812

... trial, defendant Donnell Logan was convicted of first-degree murder, N.J.S.A. 2C:11-3(a)(1) and (2) (count one); first-degree felony murder, N.J.S.A. 2C:11-3(a)(3) (count two); second-degree aggravated arson, N.J.S.A. 2C:17-1(a)(1) and (2) (count three); and fourth-degree tampering with physical evidence, N.J.S.A. 2C:28-6(1) (count four). After merging count two ... parole ineligibility pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2; a concurrent eight-year term with ... commit, or flight after committing or attempting to commit . . . arson . . . ." N.J.S.A. 2C:11-3(a)(3). Defendant's essential claim ...

docket:	a3073-12
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	74339

5082 INDEPENDENT VOLUNTEER FIRE COMPANY v. TOWN OF HAMMONTON -- rank: 812

... in lieu of prerogative writs. They alleged the Town violated N.J.S.A. 40A:14-19, which provides that a 'member or officer ... without any cross-motion by plaintiffs and relying not upon N.J.S.A. 40A:14- 19, but rather certain Town ordinances, the judge ... as prevailing parties under the New Jersey Civil Rights Act, N.J.S.A. 10:6-1 to -2 (the CRA), and the judge ... firefighting department, plaintiffs were not entitled to the protections of N.J.S.A. 40 A:14- 19, and the judge misinterpreted the relevant ... three types of firefighting forces: paid, part-paid, and volunteer. N.J.S.A. 40A:14-7 and -68. In municipalities without paid or ... forth in the company’s certificate of incorporation or bylaws. [ N.J.S.A. 40A:14-68(a) (emphasis added).] As we made ...

docket:	a2876-18
court:	NJ Superior Court Appellate Division
decided:	2021-04-19
status:	Unpublished
citation:
Document Size:	54061

5083 ROBERT J. TRAVISANO v. BOARD OF CHOSEN FREEHOLDERS FOR UNION COUNTY -- rank: 812

... asserting violations of the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49, and the New Jersey Civil Rights Act (CRA), N.J.S.A. 10:6-1 to -2, as well as other common ... 2006, Devanney provided plaintiff with notice of layoff pursuant to N.J.S.A. 11A:8-1; the notice stated: Since your position is ... prohibits "employers" from engaging in unlawful employment practices and discrimination. N.J.S.A. 10:5-12(a). In explaining the meaning of this ... LAD defines "employer" as including "all persons as defined in [ N.J.S.A. 10:5-5(a) 5 ] unless otherwise specifically exempt under ... subdivision thereof, and all public officers, agencies, boards or bodies." N.J.S.A. 10:5�5(e). Although the LAD's definitions ...

docket:	a2312-09
court:	NJ Superior Court Appellate Division
decided:	2012-01-27
status:	unpublished
citation:
Document Size:	80991

5084 ROBIN BRIDGES JOHNSON v. NEW JERSEY HIGHER EDUCATION STUDENT ASSISTANCE AUTHORITY E. MICHAEL ANGULO, and EUGENE HUTCHINS - -- rank: 812

... in protected activity under the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -14, (count one) and in violation of the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49, on the basis of race ... LAD claim was barred by the exclusivity provision of CEPA, N.J.S.A. 34:19-8, and that her CEPA claim was erroneously ... policy"; (2) "she performed a 'whistle-blowing' activity described in N.J.S.A. 34:19-3(c)"; (3) "an adverse employment action was ... she was targeted based on her race, a violation of N.J.S.A. 10:5-12; (3) her employment was terminated; and (4 ... of herself. When a CEPA claim is based on fraud, N.J.S.A. 34:19-3(a)(2), -3(c)(2), "[t] ...

docket:	a3102-13
court:	New Jersey Superior Court Appellate Division
decided:	2015-05-05
status:	Published
citation:
Document Size:	53328

5085 STATE OF NEW JERSEY v. JEROME YOUNG -- rank: 812

... for an extended term sentence under the persistent offender statute, N.J.S.A. 2C:44-3a. The judge concluded that given defendant's ... imposition of an extended term under the persistent offender statute, N.J.S.A. 2C:44-3a. See State v. McMillan , 373 N.J ... v. Vasquez , 374 N.J. Super. 252 (App. Div. 2005). N.J.S.A. 2C:44-3a is clearly a recidivism statute and the ... remand court imposed both a discretionary extended term sentence under N.J.S.A. 2C:44-3a and a sentence above the presumptive extended ... of the crime for which the defendant is being sentenced. [ N.J.S.A. 2C:44-3a.] A third degree extended sentence "shall have ... We do the same for extended term sentences embodied in N.J.S.A. 2C:43-7. See also N.J.S.A. ...

docket:	a6234-02
court:	njappellate
decided:	2005-08-11
status:	published
citation:	379 N.J. Super. 498
Document Size:	74742