Search Rutgers Law Library N.J. Court Opinions

5101 FIRE DISTRICT 1 OF THE TOWNSHIP OF WOODBRIDGE v. PUBLIC EMPLOYMENT RELATIONS COMMISSION -- rank: 810

... calibration, making the January 14, 2008, Preliminary Notice timely under N.J.S.A. 40A:14-28.1. He con­cluded that Foerch violated ... may be taken as provided and Civil Service Law and N.J.S.A. 40A:14-147-151 inclusive." It argued that there was no provision for appeal to PERC, that appeals under N.J.S.A. 11A:2-15 of the Civil Service Law had to ... from discipline of five days or less were governed by N.J.S.A. 11A:2-16. As a result, plaintiff refused to select ... respect to minor discipline. The judge discussed appeals pursuant to N.J.S.A. 40A:14-147 to -151 and N.J.S.A. 40A:14-22, both of which provide for de ...

docket:	a0407-08
court:	NJ Superior Court Appellate Division
decided:	2009-06-25
status:	unpublished
citation:
Document Size:	80799

5102 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. T.D. AND D.H IN THE MATTER OF THE GUARDIANSHIP OF A.H. AND J.H MINORS -- rank: 810

... were not being met. The removal was accomplished pursuant to N.J.S.A. 9:6-8.29, and an order was entered to ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1a.] DYFS bears the burden of proving ... or will continue to be harmed by the parental relationship. N.J.S.A. 30:4C-15.1(a)(1); K.H.O. , supra ... constitutes "harm," in the context of the first prong of N.J.S.A. 30:4C-15.1(a)(1), in K.H.O ... during pregnancy does not constitute harm to a child under N.J.S.A. 30:4C-15.1(a)(1). K.H.O. , supra ... to provide a safe and stable home for the child. N.J.S.A. 30:4C-15.1(a). It is aimed at " ...

docket:	a2922-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-31
status:	unpublished
citation:
Document Size:	63289

5103 STATE OF NEW JERSEY v. ERIC PATTERSON -- rank: 810

... these matters to address both defendants' argument on appeal that N.J.S.A. 2C:44-1(b)(14), recently enacted by the Legislature ... first-degree aggravated manslaughter for causing the death of Herrera, N.J.S.A. 2C:11-4(a); first-degree aggravated manslaughter for causing the death of Rodriguez, N.J.S.A. 2C:11- - 4(a); first-degree vehicular homicide for recklessly ... feet of a school and causing the death of Herrera, N.J.S.A. 2C:11-5(b)(3); first-degree vehicular homicide for ... feet of a school and causing the death of Rodriguez, N.J.S.A. 2C:11-5(b)(3); and second-degree aggravated assault ... bodily injury to Sanchez within 1000 feet of a school, N.J.S.A. 2C:12-(1)(c)(3). Before trial, Patterson pled ...

docket:	a1875-19
court:	NJ Superior Court Appellate Division
decided:	2021-10-13
status:	Unpublished
citation:
Document Size:	40482

5104 State v. Andrew J. Fede -- rank: 810

... whether defendant Andrew J. Fede violated the criminal obstruction statute, N.J.S.A. 2C:29-1(a), when he refused to remove the ... arrest for obstruction of the administration of the law under N.J.S.A. 2C:29-1(a) for failing to remove the chain ... so the officers could enter an obstacle for purposes of N.J.S.A. 2C:29-1(a). On Fede’s first appeal, a ... of the criminal obstruction statute. (p. 10) 3. To violate N.J.S.A. 2C:29-1(a), a person must not only â ... requirement of an affirmative act. To find criminal liability under N.J.S.A. 2C:29-1 requires an affirmative act or some affirmative ... by means of . . . physical interference or obstacle.” Ibid. (quoting N.J.S.A. 2C:29-1(a)). Here, Fede did not undertake ...

docket:	a-53-17
court:	NJ Supreme Court
decided:	2019-03-12
status:
citation:	237 N.J. 138 202 A.3d 1281
Document Size:	38069

5105 /usr/local/share/www/libweb/collections/courts/appellate/a2869-16.opn.html -- rank: 810

... 2869-16T1 2 the New Jersey Civil Rights Act (NJCRA), N.J.S.A. 10:6-1 to -2. For the reasons that follow ... reasonable attorney's fees and costs to the prevailing party. N.J.S.A. 10:6- 2(f); see also Tumpson, 218 N.J ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	55042

5106 Statev. Don C. Shaw -- rank: 810

... third-degree possession of a controlled dangerous substance, namely heroin, N.J.S.A. 2C:35-10a(1); second-degree possession of heroin with intent to distribute, N.J.S.A. 2C:35-5a(1) and N.J.S.A. 2C:35-5b(2); third-degree possession of heroin with intent to distribute on or near school property, N.J.S.A. 2C:35-7; and second-degree possession of heroin with ... near a public housing facility, public park, or public building, N.J.S.A. 2C:35-7.1. The issues in this case implicate ...

docket:	A-48-11
court:	NJ Supreme Court
decided:	2012-12-13
status:
citation:	213 N.J. 398 64 A.3d 499
Document Size:	109899

5107 STATE OF NEW JERSEY v. MURAD H. BEYAH -- rank: 810

... as a sex offender, a crime of the third-degree, N.J.S.A. 2C:7-2(c)(3). A jury found him guilty ... sex offender as one of the elements of the offense. N.J.S.A. 2C:7-2. Even if Detective Aviles' testimony was error ... because fingerprinting and photographing are not registration requirements specified in N.J.S.A. 2C:7-2(c), and paragraphs seven and eight of ... on forms to be provided by the designated registering agency." N.J.S.A. 2C:7-2(c). N.J.S.A. 2C:7-4(b) further clarifies that "[t]he [registration ... of the verification process, and such information may include photographing. N.J.S.A. 2C:7-2(e); see Attorney General Guidelines for ...

docket:	a1037-14
court:	NJ Superior Court Appellate Division
decided:	2017-08-31
status:	unpublished
citation:
Document Size:	56142

5108 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. L.B. -- rank: 810

... statutory standard for termination of parental rights set forth in N.J.S.A. 30:4C-15.1(a), and because the improper admission ... been granted care and supervision of both children pursuant to N.J.S.A. 30:4C-11. On August 30, 2006, when L.B ... rights. Judge Marino found DYFS satisfied the first prong of N.J.S.A. 30:4C-15.1(a), because K.B. and J ... parents." On appeal, L.B. argues: I. THE ELEMENTS OF N.J.S.A. 30:4C-15.1 WERE NOT PROVEN BY CLEAR AND ... termination case, as articulated in A.W. and codified in N.J.S.A. 30:4C-15.1(a). The statute authorizes a court ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These four statutory criteria ...

docket:	a4826-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-22
status:	unpublished
citation:
Document Size:	52346

5109 CECILIA M. KERRIDGE v. RODNEY J. KERRIDGE -- rank: 810

... drawing an adverse inference from the invocation of a privilege, N.J.S.A. 2A:84A-31 and N.J.R.E. 532, is ...

docket:	a4120-08
court:	superior court appellate division
decided:	2010-05-03
status:	unpublished
citation:
Document Size:	86845

5110 WILLIAM TANIS, JR. VS TOWNSHIP OF HAMPTON -- rank: 810

... property within the meaning of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. (MLUL), and the local zoning ... airports, landing fields, landing strips, heliports . . . and other avigational facilities. . . ." N.J.S.A. 6:1-29. The statute provides that "[t]he Commissioner ... MLUL's delegation of zoning power to the municipality. See N.J.S.A. 40:55D-65a.     Where a purported accessory use is neither ... found that the zoning board properly exercised its power under N.J.S.A. 40:55D-70b to deny plaintiff's interpretation of the ... 268 (1994) (Air Safety and Hazardous Zoning Act of 1983, N.J.S.A. 6:1-80 to -88, and New Jersey Airport Safety Act of 1983, N.J.S.A. 6:1-89 to -97, are facially constitutional). Footnote: ...

docket:	a1009-96
court:	njappellate
decided:	1997-12-29
status:	published
citation:	<a href=
Document Size:	57499

5111 . A-0 OF CHILD PROTECTION AND PERMANENCY v. T.E. and C.E IN THE MATTER OF Ca.E Cu.E., Ch.E., and Ce.E Minors -- rank: 810

... they had abused or neglected their four children pursuant to N.J.S.A. 9:6-8.21(c)(4)(b). In May 2013 ... that both defendants abused or neglected their four children under N.J.S.A. 9:6-8.21(c)(4)(b). Judge DeCastro found ... abuse or prevent it from occurring. In sum, pursuant to N.J.S.A. 9:6-8.21(c)(4)(b), the [c]ourt ... by a preponderance of the "competent, material and relevant evidence[.]" N.J.S.A. 9:6-8.46(b); see also N.J. Div ... Servs. v. A.L. , 213 N.J. 1 , 22 (2013). N.J.S.A. 9:6-8.21(c)(4)(b) provides that an ... not testify at the hearing, her statements were admissible under N.J.S.A. 9:6-8.46(a)(4), which provides that " ...

docket:	a1004-14
court:	New Jersey Superior Court Appellate Division
decided:	2016-09-09
status:	Published
citation:
Document Size:	57549

5112 180 TURNING LIVES AROUND, INC v. THE ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF MIDDLETOWN -- rank: 810

... inherently beneficial use under the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 to -163, and suggested the designation of ... basic principles governing a use variance are set forth in N.J.S.A. 40:55D-70(d), which grants a board of adjustment ... reasons for its grant." Id. at 159-60. When enacting N.J.S.A. 40:55D-66.1, the Legislature underscored the inherently beneficial ... victims of domestic violence, including any children of such victims[.]" N.J.S.A. 40:55D-66.2b. Despite the size of plaintiff's ... the statutory authorization to permit use variances for special reasons. N.J.S.A. 40:55D-70d. As plaintiff points out, the requested "inherently ... appeared to be based on the fifteen person limitation from N.J.S.A. 40:55D-66.2b, defining a "community shelter for ...

docket:	a4907-10
court:	NJ Superior Court Appellate Division
decided:	2012-09-13
status:	unpublished
citation:
Document Size:	46627

5113 STATE OF NEW JERSEY v. WILLIAM BOSTON -- rank: 810

... S. Nevius were indicted and charged with first-degree murder, N.J.S.A. 2C:11-3a(1)-(2); 1 first-degree felony murder, N.J.S.A. 2C:11-3a(3); second-degree burglary, N.J.S.A. 2C:18-2; third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4d; second-degree conspiracy to commit murder, N.J.S.A. 2C:11-3a(1)-(2) and N.J.S.A. 2C:5-2; and third-degree conspiracy to commit ...

docket:	a4129-07
court:	NJ Superior Court Appellate Division
decided:	2012-08-21
status:	unpublished
citation:
Document Size:	77527

5114 AMERICAN MOTORISTS INSURANCE COMPANY v. NORTH PLAINFIELD BOARD OF EDUCATION -- rank: 810

... of Contractors on Public Works and Improvements Act (Bond Act), N.J.S.A. 2A:44-143 to -147, D&D posted payment and ... accordance with the New Jersey Municipal Mechanics['] Lien Law (MMLL), N.J.S.A. 2A:44-125 [to -142], for any lien claims filed ... or maintenance bond upon its approval of the surety," as " N.J.S.A. 17:31-1 clearly bars a municipality from exercising its ... by statute to conduct business in New Jersey pursuant to N.J.S.A. 17:17-1(g) ." (Emphasis added). Here, when challenged as ... its authority to do business in municipal bond insurance under N.J.S.A. 17:17-1(g). The Board was not authorized to ... or maintenance bond upon its approval of the surety," as " N.J.S.A. 17:31-1 clearly bars a municipality from exercising ...

docket:	a4680-14
court:	NJ Superior Court Appellate Division
decided:	2016-10-20
status:	unpublished
citation:
Document Size:	70056

5115 DIVISION OF YOUTH AND FAMILY SERVICES v. A.B and J.F. and A.M., Sr IN THE MATTER OF J.F and A.M., Jr minors -- rank: 810

... to possession with intent to distribute a controlled dangerous substance, N.J.S.A. 2C:35-5a and 2C:35-5b; and certain persons not to have weapons, N.J.S.A. 2C:39-7b. The parties presented no other testimony, and ... to remove a child from a home, see , e.g. , N.J.S.A. 9:6-29, but also requires judicial review of such ... s conclusions must be based on material and relevant evidence, N.J.S.A. 9:6-8.46(b), (c). The witnesses should be ... the trial court must state the grounds for its disposition. N.J.S.A. 9:6-8.51(b). [ G.M. , supra , 198 N ... Title Nine fact-finding and dispositional hearings includes Division reports. N.J.S.A. 9:6-8.46 authorizes a court conducting a ...

docket:	a0594-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-05
status:	unpublished
citation:
Document Size:	53542