Search Rutgers Law Library N.J. Court Opinions

526 /usr/local/share/www/libweb/collections/courts/appellate/a5935-17.opn.html -- rank: 841

... charged defendant with: second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b)(1); third-degree possession of CDS, heroin, N.J.S.A. 2C:35-10(a)(1); third-degree possession with intent to distribute CDS, heroin, N.J.S.A. 2C:35-5(a)(1) and -5(b)(3); third ... possession with intent to distribute CDS in a school zone, N.J.S.A. 2C:35-7(a); and second-degree A-5935-17 2 possession of a weapon by a convicted person, N.J.S.A. 2C:39-7(b)(1). Defendant was represented by counsel ... degree possession of a community gun for an unlawful purpose, N.J.S.A. 2C:39-4(a)(2), and second-degree unlawful ...

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527 PAUL G. BRENNAN, ET AL. VS. BAY HEAD PLANNING BOARD, ET AL. -- rank: 841

... the same commonly owned group; and (2) relief pursuant to N.J.S.A. 40:55D-70(c)(1) and -36 was unavailable because ... Council (Council) pursuant to the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13. Plaintiffs argue the trial court ... street,' which is required for a building permit pursuant to N.J.S.A. 40:55D-35. It has a paved section ten feet ... application with the BHPB, appealing Bianchi's decision pursuant to N.J.S.A. 40:55D-70(a) A-3984-21 7 and, alternatively ... requesting a bulk variance for lot frontage in accordance with N.J.S.A. 40:55D-70(c). He published notice of the application as required by N.J.S.A. 40:55D-12. The BHBP determined at its January ...

docket:	a3984-21
court:	appellate
decided:	2024-04-29
status:	Unpublished
citation:
Document Size:	74874

528 N.E.R.I. Corporation v. New Jersey Highway Authority -- rank: 841

... this appeal is whether the New Jersey Highway Authority Act, N.J.S.A. 27:12B-l to -26 (the Act), requires the New ... granted Neri's motion for summary judgment, finding that under N.J.S.A. 27:12B-5.2 requires public bidding for all Garden ... 1. The award of towing contracts do not fall within N.J.S.A. 27:l2B-14, which is narrow in scope and applies ... license or lease. (pp.8-9) 2. The Legislature intended N.J.S.A. 27:12B-5.2 to govern the Authority's power ... it would have explicitly done so, as it did in N.J.S.A. 27:12B-1 to -26 (the Act), requires the New ... build, operate, and maintain a safe and modern highway system. N.J.S.A. 27:12B-4. Specifically, the Authority is vested with ...

docket:	a-6-96
court:	njsupreme
decided:	1996-12-31
status:
citation:	147 N.J. 223
Document Size:	72552

529 STATE OF NEW JERSEY, v. KEITH R. DOMICZ -- rank: 841

... takes an oath to "support the Constitution of this State * * *." N.J.S.A. 41:2A-6. Bound to fulfill our covenant with the ... since superseded by the Wiretapping and Electronic Surveillance Control Act, N.J.S.A. 2A:156A-1 to -34. 91 N.J. at 345 ... records. Indeed, we note that the Open Public Records Act, N.J.S.A. 47:1A-1 to -13, merely begs the question by ... will speak the truth either through fear of criminal prosecution, N.J.S.A. 2C:28-1 and 2, or moral compulsion -- but also ... In seeking to "lower the current high cost of energy," N.J.S.A. 48:3-50, the Legislature adopted in 1999 the Electric Discount and Energy Competition Act, N.J.S.A. 48:3-49 to -98. This Act which, among ...

docket:	a6101-02
court:	njappellate
decided:	2005-05-23
status:	published
citation:	377 N.J. Super. 515
Document Size:	128906

530 DIVISION OF YOUTH AND FAMILY SERVICES v. V.M. and B.G. -- rank: 841

... we conclude that DYFS did not establish the statutory criteria, N.J.S.A. 30:4C-15.1a, by clear and convincing evidence. Accordingly ... the best interests of the child test set forth at N.J.S.A. 30:4C-15.1a, but that prongs two and four ... 2009). DYFS must prove each of the four prongs in N.J.S.A. 30:4C-15.1a, set forth infra , by clear and ... failed to establish each of the four statutory elements of N.J.S.A. 30:4C-15.1a by clear and convincing evidence. The ... s refusal to consent to a c-section. Consistent with N.J.S.A. 30:4C-15.1a, DYFS can initiate a petition to ... found that the filing of a guardianship complaint pursuant to N.J.S.A. 30:4C-15(c), regarding the "best interests of ...

docket:	a3336-08
court:	New Jersey Superior Court Appellate Division
decided:	2010-08-06
status:	Published
citation:
Document Size:	150349

531 WILLIAM JAMES v. ROSALIND RUIZ -- rank: 841

... verbal threshold") in the Automobile Insurance Cost Reduction Act ("AICRA"), N.J.S.A. 39:6A-1.1 to -35. AICRA is a cost ... a permanent injury within a reasonable degree of medical probability." N.J.S.A. 39:6A-8(a); see also DiProspero , supra , 183 N ... ultimately pled guilty to improper backing up, in violation of N.J.S.A. 39:4-127, in municipal court. Plaintiff went to a ... will not heal to function normally with further medical treatment." N.J.S.A. 39:6A-8(a). 3 Dr. Falciani also noted in ...

docket:	a3543-13
court:	NJ Superior Court Appellate Division
decided:	2015-03-25
status:	published
citation:	440 N.J.Super. 45 111 A.3d 123
Document Size:	97965

532 Inre Adoption of N.J.A.C. 5:96 & 5:97 by N.J. Council on Affordable Housing -- rank: 841

... exhaustion of remedies required by the Fair Housing Act (FHA), N.J.S.A. 52:27D-301 to 329, and to allow civil actions ... the Fair Housing Act of 1985 (FHA or the Act), N.J.S.A. 52:27D-301 to -329, to assist in municipal compliance ... assigning and determining municipal affordable housing obligations in that body. N.J.S.A. 52:27D-305, -307. COAH is required to enact regulations ... delivery techniques available to municipalities in addressing the assigned obligation. N.J.S.A. 52:27D-307, -308. The FHA includes a process for ... valid in any exclusionary zoning litigation for a finite period. N.J.S.A. 52:27D-313, -317; see also Hills Dev. Co. v ... rule-making step required by the Administrative Procedure Act (APA), N.J.S.A. 52:14B-1 to -24. Ibid. The Court further ...

docket:	m-392-14
court:	NJ Supreme Court
decided:	2013-09-26
status:
citation:	221 N.J. 1 110 A.3d 31
Document Size:	123782

533 STATE OF NEW JERSEY v. JONATHAN HUTCHINSON -- rank: 841

... to three concurrent five-year terms, Megan's Law conditions, N.J.S.A. 2C:7-1 to -11 and N.J.S.A. 2C:47-5, parole supervision for life, N.J.S.A. 2C:43-6.3(a) and the requisite fines. Defendant ... sexual contact" under any of the circumstances set forth in N.J.S.A. 2C:14-2(c)(1) to (4). N.J.S.A. 2C:14-3(b). "Sexual contact" is defined in N.J.S.A. 2C:14-1(d) as "an intentional touching by ...

docket:	a1377-05
court:	NJ Superior Court Appellate Division
decided:	2011-10-28
status:	unpublished
citation:
Document Size:	153575

534 STATE OF NEW JERSEY v. HAKEEM MALONEY -- rank: 841

... conspiracy to commit murder, contrary A-2313-18 3 to N.J.S.A. 2C:5-2 and N.J.S.A. 2C:11-3(a)(1)(2) (count one); first-degree murder, contrary to N.J.S.A. 2C:11-3(a)(1)(2) (count two); second-degree unlawful possession of a weapon, contrary to N.J.S.A. 2C:39-5(b) (count three); second-degree possession of a weapon for an unlawful purpose, contrary to N.J.S.A. 2C:39-4(a) (count four); first-degree promoting organized street crime, contrary to N.J.S.A. 2C:33-30 (count five (Maloney and Jones)); third- ...

docket:	a2313-18
court:	NJ Superior Court Appellate Division
decided:	2022-10-26
status:	Unpublished
citation:
Document Size:	140231

535 STATE OF NEW JERSEY v. A.M. -- rank: 841

... because information contained in a petition for compassionate release under N.J.S.A. 30:4-123.51e, and 'comments submitted by a recipient ... not authorized to receive or review the information or comments.' N.J.S.A. 30:4-123.51e(e)(4); see also State v ... 04-21, 'Criminal — Procedures for Compassionate Release Pursuant to N.J.S.A. 30:4-123.51e' (Feb. 1, 2021) ('The petition, responses ... information related to the petition . . . shall be confidential pursuant to N.J.S.A. 30:4-123.51e(e)(4).'). Public Defender, attorney; Alison ... a medical facility pursuant to the Compassionate Release Act (CRA), N.J.S.A. 30:4-123.51e. Subsection (f)(1) of the CRA ... be released would not pose a threat to public safety.' N.J.S.A. 30:4-123.51e(f)(1). Here, the court ...

docket:	a3010-20
court:	NJ Superior Court Appellate Division
decided:	2022-05-02
status:	Published
citation:
Document Size:	74418

536 /usr/local/share/www/libweb/collections/courts/appellate/a3950-19.opn.html -- rank: 841

... every law enforcement agency in New Jersey by virtue of N.J.S.A. 40A:14-181, and imposing additional requirements on the law ... conflict with a provision of the Open Public Records Act, N.J.S.A. 47:1A-10 (section 10), a regulation promulgated by the ... Act of 1948, the Criminal Justice Act of 1970, and N.J.S.A. 40A:14-181 in issuing Directives 2020-5 and 2020 ... Attorney General is New Jersey's 'chief law enforcement officer,' N.J.S.A. 52:17B-98, and head of the Department of Law and Public Safety, N.J.S.A. 52:17B-2. Prado v. State, 186 N.J. 413 ... justice,' the Legislature in the Criminal Justice Act of 1970, N.J.S.A. 52:17B-97 to -117, 'declared [it] to be ...

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537 IN THE MATTER PROTEST OF COASTAL PERMIT PROGRAM RULES -- rank: 841

... Plan, DEP, and Designated Boundaries .21 II.    Discussion ...............................................30     A.     N.J.S.A. 13:19-1 to -21.     Appellants challenge a new permit ... J.A.C. 7:7-1.4(b) CONFLICTS WITH N.J.S.A. 13:19-10 BECAUSE IT ALLOWS DEP TO AVOID MAKING ... WERE ADOPTED IN VIOLATION OF THE ADMINISTRATIVE PROCEDURE ACT (APA), N.J.S.A. 52:14B-1 to -15 (raised by Builders, Realtors and ... obviate the necessity of DEP making the findings required by N.J.S.A. 13:19-10 before issuing a permit. DEP is ordered ... aesthetic and recreational interests of all people of the State." N.J.S.A. 13:19-2 (West Supp. 2002).     The jurisdictional expansion was ... that meets the initial construction and development thresholds articulated in N.J.S.A. 13:19-4 as generally extending along the State' ...

docket:	a3606-99
court:	njappellate
decided:	2002-05-31
status:	published
citation:	*CITE_PENDING*
Document Size:	162858

538 STATE OF NEW JERSEY v. PETER TRIESTMAN -- rank: 841

... Newark. The prosecutor read the definitions and provi­sions of N.J.S.A. 2C:14-1 and N.J.S.A. 2C:13-5 to the grand jury. The prosecutor then read N.J.S.A. 2C:14-2, which outlines sexual-assault offenses. The prosecutor next recited N.J.S.A. 2C:14-3, which defines the elements of criminal sexual ... contact. Finally, the prosecutor read the statute on criminal restraint, N.J.S.A. 2C:13-2. The grand-jury hearing for this case ... charging defendant with fourth-degree criminal sexual contact, contrary to N.J.S.A. 2C:14-3b. 1 On or about May 4, ...

docket:	a6408-08
court:	superior court appellate division
decided:	2010-01-27
status:	published
citation:	416 N.J. Super. 195 3 A.3d 634
Document Size:	81969

539 NORTH JERSEY MEDIA GROUP INC v. BERGEN COUNTY PROSECUTOR'S OFFICE -- rank: 841

... any crime pursuant to the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, and the common law right ... confidentiality based upon long-established judicial precedent. Therefore, pursuant to N.J.S.A. 47:1A-9(b), an exemption exists under OPRA that ... of crime, time, location and type of weapon, if any." N.J.S.A. 47:1A-3b. By not including the names of suspects ... the problem that the Legislature sought to avoid in enacting N.J.S.A. 47:1A-3b. Nothing in OPRA suggests such an unjust ... have the denial of access adjudicated by the Superior Court, N.J.S.A. 47:1A-6, and seeking declaratory judgment that BCPO violated ... inconsistent with its plain language; renders statutory provisions, i.e., N.J.S.A. 47:1A-3(b) and N.J.S.A. ...

docket:	a2393-13
court:	NJ Superior Court Appellate Division
decided:	2016-08-31
status:	published
citation:	447 N.J.Super. 182 146 A.3d 656
Document Size:	85464

540 J.B. v. NEW JERSEY STATE PAROLE BOARD -- rank: 841

... PSL") or its statutory predecessor, community supervision for life ("CSL"). N.J.S.A. 2C:43-6.4. Represented by the same attorney, appellants ... one count of second-degree sexual assault upon his daughter, N.J.S.A. 2C:14-2b. He was sentenced to a four-year ... release registration and notification requirements pursuant to Megan's Law, N.J.S.A. 2C:7-1 to -6 and N.J.S.A. 2C:7-6 to -11. His sentence was amended to ... release, pursuant to the Violent Predator Incapacitation Act of 1994, N.J.S.A. 2C:43-6.4. B.M. was released from prison ... to one count of endangering the welfare of a child, N.J.S.A. 2C:24-4a, his stepson. He was sentenced to ...

docket:	a1459-11
court:	NJ Superior Court Appellate Division
decided:	2013-11-26
status:	published
citation:	433 N.J.Super. 327 79 A.3d 467
Document Size:	109382