Search Rutgers Law Library N.J. Court Opinions

5161 STATE OF NEW JERSEY v. LUIS H. ELIAS-VELASCO -- rank: 810

... conviction for third-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a). Although indicted and tried on two counts of second-degree sexual assault, N.J.S.A. 2C:14-2(b) (counts one and two); one count of third-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(1) (count three); and one count of second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a) (count four), the jury convicted defendant ...

docket:	a5299-15
court:	NJ Superior Court Appellate Division
decided:	2018-12-14
status:	Unpublished
citation:
Document Size:	48507

5162 IN THE MATTER OF THE CIVIL COMMITMENT OF E.S-D -- rank: 810

... jury indicted him on two counts of first- degree murder, N.J.S.A. 2C:11-3(a)(1) and (2); and one count of possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(d). A judge determined E.S-D ... care needs. [R. 4:74-7(f)(1); see also N.J.S.A. 30:4-27.2(m).] Additionally, to justify involuntary commitment ... judgment, capacity to control behavior, or capacity to recognize reality.' N.J.S.A. 30:4-27.2(r). E.S-D. next contends ... of dangerousness on his own personal concerns rather than evidence. N.J.S.A. 30:4-27.2(i) sets forth the definition of ... behavior, and any recent act, threat, or serious psychiatric deterioration.' N.J.S.A. 30:4-27.2(i) (emphasis added). Next, E. ...

docket:	a0324-21
court:	NJ Superior Court Appellate Division
decided:	2023-04-05
status:	Unpublished
citation:
Document Size:	34695

5163 STATE OF NEW JERSEY v. ROBERTO RODRIGUEZ OCASIO -- rank: 810

... CDS), methamphetamine, in a quantity of five ounces of more, N.J.S.A. 2C:35- 5(b)(8). Before us, he challenges both ... parole ineligibility. When balancing the mitigating and aggravating factors, see N.J.S.A. 2C:44-1(a) to (b), the court awarded numerical ... following mitigating factors: 'conduct neither caused nor threatened serious harm,' N.J.S.A. 2C:44-1(b)(1) (mitigating factor one); 'defendant has no history of prior delinquency or criminal activity,' N.J.S.A. 2C:44-1(b)(7) (mitigating factor seven); and 'imprisonment of the defendant would entail excessive hardship,' N.J.S.A. 2C:44-1(b)(11) (mitigating factor eleven). The court ... aggravating factors: 'risk that the defendant will commit another offense,' N.J.S.A. 2C:44-1(a)(3) A-3481-20 14 ( ...

docket:	a3481-20
court:	NJ Superior Court Appellate Division
decided:	2023-10-06
status:	Unpublished
citation:
Document Size:	48543

5164 STATE OF NEW JERSEY v. 1 HOWE STREET BAY HEAD, LLC -- rank: 810

... fraudulent, or made in bad faith. IV. Defendants argue that N.J.S.A. 12:3-64 and State v. Archer, 107 N.J ... N.J. Super. at 230-32, 237. We reiterate that N.J.S.A. 12:3-64 and Archer support DEP's authority to ... in her opinion leading to North Beach, and determined that N.J.S.A. 12:3-64 and Archer do not prevent DEP from ... power to condemn pursuant to the Eminent Domain Act (EDA), N.J.S.A. 20:3-1 to -50. See, e.g., N.J.S.A. 12:3-64. The Legislature enacted the EDA to integrate ... Robertson, 260 N.J. Super. 37, 43 (Law Div. 1992). N.J.S.A. 12:3-64 provides: The Department of Conservation and ...

docket:	a1418-17
court:	NJ Superior Court Appellate Division
decided:	2020-04-16
status:	Published
citation:
Document Size:	73017

5165 C.H., by her parent and guardian, D.H. v. BURLINGTON COUNTY INSTITUTE OF TECHNOLOGY -- rank: 810

... Technology (BCIT) under the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49, claiming she was discriminated against ... ancestry, national origin, gender, sexual orientation, gender identity and expression . . . .' N.J.S.A. 18A:37-14. A-0573-18T3 4 In concluding its ... accommodation against an individual on account of one's gender. N.J.S.A. 10:5- 12(f)(1). The statute includes schools within the definition of public accommodation. N.J.S.A. 10:5-5(l). In L.W., our Supreme Court ...

docket:	a0573-18
court:	NJ Superior Court Appellate Division
decided:	2019-12-13
status:	Unpublished
citation:
Document Size:	53783

5166 IRVINGTON POLICE BENEVOLENCE ASSOCIATION v. TOWNSHIP OF IRVINGTON -- rank: 810

... United States Military at various times between 2002 and 2013. N.J.S.A. 38A:4-4(a) entitles deployed public employees to: (a ... days shall be without pay but without loss of time. [ N.J.S.A. 38A:4-4(a).] Irvington Township Municipal Ordinance § 44 ... and employees by municipal ordinance, resolution or regulation. Pursuant to N.J.S.A. 38A:4-4(a) and the ordinance, the officers were ... reach an accord on the definition of "work day" under N.J.S.A. 38A:4-4(a). On April 8, 2013, the trial ... party. Id. at 540. Preliminarily, the meaning and application of N.J.S.A. 38A:4-4(a) and the ordinance present a purely ... 173 (App. Div. 2001). On appeal, neither party argues that N.J.S.A. 38A:4-4(a) and the ordinance should be ...

docket:	a3991-12
court:	NJ Superior Court Appellate Division
decided:	2014-06-19
status:	unpublished
citation:
Document Size:	55401

5167 CHRISTINE L. SCHORPP-REPLOGLE v. NEW JERSEY MANUFACTURERS INSURANCE COMPANY -- rank: 810

... may be compensable under our State's workers' compensation laws, N.J.S.A. 34:15-1 to -128, in the absence of a ... We hold that tinnitus qualifies as a compensable disability under N.J.S.A. 34:15-36, provided that the condition is due in ... specified as disabling by the Occupational Hearing Loss Act ("OHLA"), N.J.S.A. 34:15-35.10 to -35.22, contained within our ... is not expressly listed as a scheduled compensable disability under N.J.S.A. 34:15-36, and compensated on a sliding scale as ... loss measured at decibel levels within the thresholds specified in N.J.S.A. 34:15-35.15. Because petitioner did not have such ... by the OHLA and thus should not be compensable. See N.J.S.A. 34:15-35.15. The judge of compensation rejected ...

docket:	A0915-05
court:	NJ Superior Court Appellate Division
decided:	2007-07-30
status:	unpublished
citation:	395 N.J. Super. 277 928 A.2d 885
Document Size:	104494

5168 State v. Joao C. Torres -- rank: 810

... outer clothing” expressly excluded from the scope of the statute. N.J.S.A. 2A:161A-3. The fact that the police continued to ... for commission of an offense other than a crime.” N.J.S.A. 2A:161A-1 (emphasis added). Although initially arrested on an ... that the seizure was invalidated by the Strip Search Act, N.J.S.A. 2A:161A-1 to -10, and the Attorney General’s ... years in prison, subject to the No Early Release Act, N.J.S.A. 2C:43-7.2. The court imposed concurrent sentences on ... was not a strip search, the Appellate Division observed that N.J.S.A. 2A:161A-3(a) defines a strip search as � ... outer-clothing such as coats, ties, belts or shoelaces.” N.J.S.A. 20 2A:161A-3(a). Strip searches of persons ...

docket:	a-15-22
court:	NJ Superior Court Appellate Division
decided:	2023-05-04
status:
citation:
Document Size:	70301

5169 STATE OF NEW JERSEY v. ANTHONY O. ROSE -- rank: 810

... was convicted of the lesser-included offense of aggravated manslaughter, N.J.S.A. 2C:11-4(a)(1), and sentenced to twenty-five ... percent parole ineligibility under the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2(a). He now appeals, alleging that ... I Defendant was indicted on charges of first-degree murder, N.J.S.A. 2C:11-3(a)(1) and (2) (count one); two ... possession of a weapon, a firearm, for an unlawful purpose, N.J.S.A. 2C:39-4(a) (counts two and five); two counts ... of second-degree unlawful possession of a weapon, a handgun, N.J.S.A. 2C:39-5(b) (counts three and six); third-degree terroristic threats, threatening to kill, N.J.S.A. 2C:12-3(b) (count four); and second-degree ...

docket:	a2696-12
court:	NJ Superior Court Appellate Division
decided:	2014-10-20
status:	unpublished
citation:
Document Size:	43761

5170 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. K.C. -- rank: 810

... the child, courts follow a four-prong standard, codified in N.J.S.A. 30:4C-15.1(a). This standard allows for termination ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] "These standards are neither discrete ... unable or unwilling to eliminate the harm facing the child. N.J.S.A. 30:4C-15.1(a)(2). The focus of this ... or her circumstances, and to consider alternatives to parental termination. N.J.S.A. 30:4C-15.1(a)(3). A court evaluates on ... will not do more harm than good to the child. N.J.S.A. 30:4C-15.1(a)(4). This prong "serves as ...

docket:	a4457-11
court:	NJ Superior Court Appellate Division
decided:	2013-03-19
status:	unpublished
citation:
Document Size:	48296

5171 STATE OF NEW JERSEY v. DAVID ORTMANN -- rank: 810

... THE COURT ERRED IN DENYING APPELLANT AN[] EVIDENTIARY HEARING AS N.J.S.A. 43:1- 3.1 IS UNCONSTITUTIONAL AS APPELLANT HAS BEEN ... STATE CONSTITUTIONAL DUE PROCESS RIGHTS. A-1530-18T2 2 A. N.J.S.A. 43:1-3.1 DEPRIVES APPELLANT OF HIS PROCEDURAL DUE ... III ASSUMING ARGUENDO THAT THE COURT DOES NOT FIND THAT N.J.S.A. 43:1-3.1 […] VIOLATE[D] OFFICER ORTMANN'S ... constituted a crime substantially similar to the crimes enumerated under N.J.S.A. 43:1-3.1(b) which required the complete forfeiture ... arguments and specifically concluded that the Legislature's enactment of N.J.S.A. 43:1-3.1 did not violate the separation of ... when an individual commits [a] crime that is listed in [N.J.S.A. 3 Ortmann also alleged that the pension forfeiture violated ...

docket:	a1530-18
court:	NJ Superior Court Appellate Division
decided:	2020-04-08
status:	Unpublished
citation:
Document Size:	33270

5172 IN THE MATTER OF NORTH HUDSON REGIONAL FIRE & RESCUE -- rank: 810

... 1 pursuant to the New Jersey Consolidated Municipal Services Act, N.J.S.A. 40:48B-2.1, out of five municipalities: Guttenberg, North ... Terminal Leave Benefits Pursuant to Public Law 2010, Chapter 46, N.J.S.A. 40A:4-53" (Emergency Resolution) on August 10, 2010. The ... annual installments over a period of five years pursuant to [ N.J.S.A. 40A:4-53(h)]." When mediation did not result in ... charge alleged that Regional violated the Employer-Employee Relations Act, N.J.S.A. 34:13A-1 to -29 (the Act) by unilaterally changing ... complaint on September 16, 2011 charging Regional with violations of N.J.S.A. 34:13A-5.4(a)(1) and (a)(5). Regional ... preempted by subsection (h) of the Special Emergency Appropriations law, N.J.S.A. 40A:4-53, 3 which in relevant part read: ...

docket:	a0006-13
court:	NJ Superior Court Appellate Division
decided:	2015-03-02
status:	unpublished
citation:
Document Size:	41471

5173 State v. Donnell Jones -- rank: 810

... defendant. The indictment charged defendant with first-degree armed robbery, N.J.S.A. 2C:15-1; second-degree possession of a weapon for 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); fourth- degree unlawful possession of a large-capacity ammunition magazine, N.J.S.A. 2C:39-3(j); fourth-degree prohibited weapons and devices, N.J.S.A. 2C:39-3(f); third-degree receiving stolen property, N.J.S.A. 2C:20-7; and third-degree terroristic threats, N. ...

docket:	a_53_16
court:	NJ Supreme Court
decided:	2018-03-22
status:
citation:
Document Size:	48415

5174 OF YOUTH AND FAMILY SERVICES v. M.G IN THE MATTER OF THE GUARDIANSHIP OF A.R.G. -- rank: 810

... executed an emergency removal of A.R.G. pursuant to N.J.S.A. 9:6-8.29 and 9:6-8.30. At ... against both F.C.-G. and M.G. pursuant to N.J.S.A. 9:6-8.21 to -8.73, and asking the ... or neglected; and to grant other relief as provided by N.J.S.A. 30:4C-12 and Rule 5:12-1 to -7 ... of a guardianship application and final hearing set forth in N.J.S.A. 30:4C-15(d) and 30:4C-15.2, the ... clear and convincing evidence to satisfy the four prongs of N.J.S.A. 30:4C-15.1, and entered an order terminating M ... proceedings" violated his constitutional rights and that the elements of N.J.S.A. 30:4C-15.1 were not proven by clear ...

docket:	a4608-10
court:	NJ Superior Court Appellate Division
decided:	2012-07-23
status:	published
citation:	427 N.J.Super. 154 47 A.3d 764
Document Size:	62479

5175 HACKENSACK CITY v. BERGEN COUNTY -- rank: 810

... of the County's request to apply the Freeze Act, N.J.S.A. 54:51A-8, as it is not properly before this ... property was sold to BCCC. The City's challenges implicate N.J.S.A. 54:4-3.3, which provides, "the property of . . . the ... County argues the assessments were invalid based upon application of N.J.S.A. 54:51A-8; see also N.J.S.A. 54:3-26. The County maintains the City could not ... 17, 1996. The appeals were dismissed for late filing. See N.J.S.A. 54:3-21 (stating the April 1 filing deadline for ... County received notice of the assessments in 1995 and 1996. N.J.S.A. 54:3-21 sets forth the process for a ...

docket:	a0929-07
court:	New Jersey Superior Court Appellate Division
decided:	2009-02-09
status:	published
citation:	405 N.J.Super. 235 963 A.2d 123
Document Size:	46574