Search Rutgers Law Library N.J. Court Opinions

556 R.A.C. v. P.J.S., Jr., et al. -- rank: 841

... appeal is whether the Parentage Act’s statute of repose, N.J.S.A. 9:17-45b, can be equitably tolled to allow the ... s statute of repose. 1. The New Jersey Parentage Act, N.J.S.A. 9:17-38 to -59, provides all children with a ... Under the New Jersey Parentage Act of 1983 (Parentage Act), N.J.S.A. 9:17-38 to -59, a person determined to be ... pay child support. The Parentage Act’s statute of repose, N.J.S.A. 9:17-45b can be equitably tolled to allow the ... at 102. The panel found the discovery rule inapplicable because N.J.S.A. 9:17-45b is not an accrual statute of limitations ... attainment of the age of majority.” Ibid. The panel classified N.J.S.A. 9:17-45b as a “substantive” statute of limitations ...

docket:	a-5-06
court:	njsupreme
decided:	2007-07-17
status:
citation:	192 N.J. 81
Document Size:	73687

557 IN RE SIX MONTH EXTENSION OF N.J.A.C. 5:91-1 ET SEQ. -- rank: 841

... 1 and the provisions of the Fair Housing Act (FHA), N.J.S.A. 52:27D-301 to -329, adopted initially in 1985. These ... principles of administrative fairness underlying the Administrative Procedure Act ("APA"), N.J.S.A. 52:14B-1 to –15, and the FHA. One appellant ... to provide an administrative mechanism for implementing the FHA, see N.J.S.A. 52:27D-305, with its underlying policy, in recognition of ... footnote 3 as a method of achieving fair share housing. [ N.J.S.A. 52:27D-303.] The constitutionality of the FHA was upheld ... s "comprehensive planning and implementation response to [the] constitutional obligation," N.J.S.A. 52:27D-302c, is to be effected by COAH. See N.J.S.A. 52:27D-305. Among the agency's express responsibilities ...

docket:	A1313-02
court:	NJ Superior Court Appellate Division
decided:	2004-08-31
status:	published
citation:	372 N.J. Super. 61 855 A.2d 582
Document Size:	106274

558 ANTONIA VERNI, et al. v. HARRY M. STEVENS, INC., et al. -- rank: 841

... Licensed Alcoholic Beverage Server Fair Liability Act (Beverage Server Act), N.J.S.A. 2A:22A-1 to -7, HMS, as the licensed alcoholic ... duty under the Beverage Server Act is set forth in N.J.S.A. 2A:22A-5, which defines negligence for purposes of civil ... only the exclusive remedy for a civil dram shop claim, N.J.S.A. 2A:22A-4, it also narrowly defines negligence as the service of alcohol to a visibly intoxicated patron. N.J.S.A. 2A:22A-5b. Therefore, negligence is not definable by reference ... their underage status, or that it simply did not care. N.J.S.A. 2A:22A-5. However, none of the testimony offered by ... 90 , 107 (1991). In that regard, the Comparative Negligence Act, N.J.S.A. 2A:15-5.1 to -5.8, "mandates the ...

docket:	A3966-04
court:	NJ Superior Court Appellate Division
decided:	2006-08-03
status:	published
citation:
Document Size:	113002

559 GENERAL MOTORS CORP. v. LINDEN CITY, -- rank: 841

... for tax assessment purposes in New Jersey is established by N.J.S.A. 54:4-23, which requires a municipal tax assessor to ... the assessor shall complete his assessments, as hereinafter required . . . .” N.J.S.A. 54:4-23. “Full and fair value” generally has ... “common sense of the situation” and the dictates of N.J.S.A. 54:4-23 require that the valuation of real property ... s automobile assembly equipment were subject to property tax under N.J.S.A. 54:4-1 and related statutory provisions. General Motors Corp ...

docket:	9091-83
court:
decided:	2005-02-02
status:
citation:
Document Size:	185845

560 Diana G. Brunell v. Wildwood Crest Police Department -- rank: 841

... failure to comply with the time limitations set forth in N.J.S.A. 34:15-41 and -51. C. Although the facts of ... be adjudicated under the two-year “accident” statute of limitations, N.J.S.A. 34:15-41 and N.J.S.A. 34:15-51, or under the less onerous discovery-rule limitations period prescribed for “occupational diseases.” N.J.S.A. 34:15-34. Relying on Prettyman v. State , 298 N ... of and in the course of employment” either by accident, N.J.S.A. 34:15-7, or by contracting a compensable occupational disease, N.J.S.A. 34:15-34. The schedule of benefits is the ...

docket:	a-126-01
court:	njsupreme
decided:	2003-05-21
status:
citation:	176 N.J. 225
Document Size:	113411

561 DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.K. -- rank: 841

... both defendant and S.K. with child sexual abuse under N.J.S.A. 9:6-8.21(c)(3). The Family Part granted ... to the Dodd Act, which, as amended, is found at N.J.S.A. 9:6-8.21 to -8.82. The Act was ... defendant on three counts of first degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(2)(a), four counts of second degree sexual assault, N.J.S.A. 2C:14-2(b), and two counts of second degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a)(2). While these criminal charges were ... Family Part Judge conducted a fact-finding hearing pursuant to N.J.S.A. 9:6- 8.44, and the Division called defendant ...

docket:	a2734-15
court:	NJ Superior Court Appellate Division
decided:	2018-08-31
status:	Published
citation:	456 N.J.Super. 245 193 A.3d 309
Document Size:	88071

562 BOARD OF EDUCATION OF THE TOWNSHIP OF PISCATAWAY MIDDLESEX COUNTY v. NEW JERSEY DEPARTMENT OF EDUCATION -- rank: 841

... that pursuant to the Charter School Program Act of 1995, N.J.S.A. 18A:36A-1 to -18 (the Charter School Act or ... that the term 'school district of residence,' as used in N.J.S.A. 18A:36A-12(b) (the funding provision of the CSPA ... declaratory ruling from the Commissioner regarding its funding obligations under N.J.S.A. 18A:36A-12(b) and the implementing regulations. The Attorney ... summary decision seeking a determination from the Commissioner that under N.J.S.A. 18A:36A- 12(b), 'financial responsibility for charter school attendance ... that Piscataway was 'obligated to provide funding in accordance with N.J.S.A. 18A:36A-12(b) for each of its residents who ... meaning of the term 'district of residence' as used in N.J.S.A. 18A:36A-12(b) was 'clearly ambiguous.' For example, ...

docket:	a5427-16
court:	NJ Superior Court Appellate Division
decided:	2019-06-07
status:	Unpublished
citation:
Document Size:	68173

563 /usr/local/share/www/libweb/collections/courts/appellate/a0632-12xx.opn.html -- rank: 841

... several groups of public-employee plaintiffs challenge the constitutionality of N.J.S.A. 43:3B-2 (Chapter 78), a 2011 statute that suspended ... the: 1) State-administered retirement systems; 2) Pension Adjustment Act, N.J.S.A. 43:3B-1 to -10; and 3) non-forfeitable rights statute, N.J.S.A. 43:3C-9.5. We will discuss that framework here ... receiving pension benefits through the Public Employees' Retirement System (PERS), N.J.S.A. 43:15A-1 to -141. PERS was established in 1954 ... and is the largest of the State-administered retirement systems. N.J.S.A. 52:18A-108(c). The intervenors in Berg are retired ... System (PFRS), established in 1944, L. 1944, c. 253, under N.J.S.A. 43:16A-1 to -16.2; and 3) the ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	136163

564 PLAYERS PLACE II CONDOMINIUM ASSOCIATION, INC v. K.P. and B.F - -- rank: 841

... Gloucester Township created pursuant to New Jersey's Condominium Act, N.J.S.A. 46:8B-1 to -38, filed a complaint to restrain ... privacy. See R. 1:38-3. A-1304-20 2 N.J.S.A. 10:5-1 to -50, by denying B.F.'s ... medically or psychologically, by accepted clinical or laboratory diagnostic techniques. [N.J.S.A. 10:5-5(q).] 'Pursuant to N.J.S.A. 10:5-5(q), there are two specific categories of ... both' (first, second, third, and fourth alterations in original) (quoting N.J.S.A. 10:5-5(q))). To establish a psychological disability, the ... medically or psychologically, by accepted clinical or laboratory diagnostic techniques.' N.J.S.A. 10:5-5(q) (emphasis added). 'It is well ...

docket:	a1304-20
court:	NJ Superior Court Appellate Division
decided:	2023-03-23
status:	Unpublished
citation:
Document Size:	84769

565 NORTH JERSEY MEDIA GROUP INC v. STATE OF NEW JERSEY OFFICE OF THE GOVERNOR -- rank: 841

... of public records under the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, and the common law right ... we consider whether the Superior Court has the authority under N.J.S.A. 47:1A-11 to impose civil penalties for knowing and ... finding it lacked the authority to impose civil penalties under N.J.S.A. 47:1A-11, and that plaintiff was entitled to relief ... that defendant violated OPRA, an award of civil penalties under N.J.S.A. 47:1A-11, an order directing that defendant identify the ... finding it lacked the authority to impose a penalty under N.J.S.A. 47:1A-11, and that a civil penalty could only ... because Drewniak and Southwell were not designated records custodians under N.J.S.A. 47:1A-1.1. The court's order did ...

docket:	a3947-14
court:	NJ Superior Court Appellate Division
decided:	2017-08-03
status:	published
citation:	451 N.J.Super. 282 166 A.3d 1181
Document Size:	82822

566 THOMAS CANNAVO v. HON CHRISTOPHER J. CHRISTIE -- rank: 841

... several groups of public-employee plaintiffs challenge the constitutionality of N.J.S.A. 43:3B-2 (Chapter 78), a 2011 statute that suspended ... the: 1) State-administered retirement systems; 2) Pension Adjustment Act, N.J.S.A. 43:3B-1 to -10; and 3) non-forfeitable rights statute, N.J.S.A. 43:3C-9.5. We will discuss that framework here ... receiving pension benefits through the Public Employees' Retirement System (PERS), N.J.S.A. 43:15A-1 to -141. PERS was established in 1954 ... and is the largest of the State-administered retirement systems. N.J.S.A. 52:18A-108(c). The intervenors in Berg are retired ... System (PFRS), established in 1944, L. 1944, c. 253, under N.J.S.A. 43:16A-1 to -16.2; and 3) the ...

docket:	a5973-11
court:	NJ Superior Court Appellate Division
decided:	2014-06-26
status:	published
citation:	436 N.J.Super. 220 93 A.3d 387
Document Size:	137311

567 I/M/O TOWN OF HARRISON AND FRATERNAL ORDER OF POLICE -- rank: 841

... into by appellants were creditable compensation for pension purposes under N.J.S.A. 43:16A-1(26)(a). Thus, to be clear, we ... collective bargaining agreements constitute creditable compensation benefits as defined in N.J.S.A. 43:16A-1(26)(a) or N.J.A.C ... Legislature in the Police and Firemen's Retirement System Act, N.J.S.A. 43:16A-1 to -68, and the regulations promulgated by ... and "responsibility for the proper operation of the retirement system." N.J.S.A. 43:16A-13(a)(1). Although the Division of Pensions ... as "a labor organization and representative within the meaning of N.J.S.A. 34:13A-3 ( e )." This appellant represents all uniformed officers ... in anticipation of the member's retirement," in violation of N.J.S.A. 43:16A-1(26)(a). As was the case ...

docket:	a0195-11
court:	NJ Superior Court Appellate Division
decided:	2015-04-15
status:	published
citation:
Document Size:	137876

568 STATE OF NEW JERSEY v. GERALD C. DANIELS -- rank: 841

... convictions for first-degree knowing or purposeful murder, contrary to N.J.S.A. 2C:11-3a(1) and 2C:11-3a(2); third-degree aggravated assault with a deadly weapon, contrary to N.J.S.A. 2C:12-1b(2); and third-degree possession of a weapon for an unlawful purpose, contrary to N.J.S.A. 2C:39-4d. He also appeals the sentence imposed by ... percent parole bar of the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, with five years of parole supervision ... consider specifically enumer­ated aggravating and mitigating circumstances identified at N.J.S.A. 2C:44-1a and b, assign weight to them, balance ... rule." State v. Muhammad , 182 N.J. 551 , 567 (2005). N.J.S.A. 2A:84A-19 and N.J.R.E. 503 ...

docket:	a0096-08
court:	superior court appellate division
decided:	2010-12-17
status:	Unpublished
citation:
Document Size:	132038

569 STATE OF NEW JERSEY VS CHRISTOPHER M. CRUMB -- rank: 841

... 318. Here, however, an accomplice liability charge was not required.      N.J.S.A. 2C:2-6 provides in pertinent part: c. A person ...

docket:	a0646-95
court:	njappellate
decided:	1997-12-23
status:	published
citation:	309 N.J.Super. 49
Document Size:	100854

570 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. T.H. -- rank: 841

... order. DYFS effectuated an emergent removal of Andrea, pursuant to N.J.S.A. 9:6-8.28, and placed her in foster care ... satisfy the definition of an "[a]bused or neglected child." N.J.S.A. 9:6-8.21(c)(4)(b) defines an abused ... reasonable efforts to reunite Andrea with Matthew. DYFS relied on N.J.S.A. 30:4C-11.3(c), which provides that DYFS "shall ... were brought in the Family Part pursuant to Title Nine, N.J.S.A. 9:6-1 to -8.73, which is concerned with ... noncriminal proceedings involving alleged cases of child abuse or neglect." N.J.S.A. 9:6-8.22. In such actions, "the safety of ... concern of the Division is the safety of our children.  N.J.S.A. 9:6-8.8(a). A "parent or guardian" ...

docket:	a2095-09
court:	superior court appellate division
decided:	2010-11-22
status:	Unpublished
citation:
Document Size:	101581