Search Rutgers Law Library N.J. Court Opinions

826 IN RE ADOPTION OF N.J.A.C. 17:1-6.4, 17:1-7.5 and 17:1-7.10. -- rank: 841

... 16T3 are multiple statutes that permit these benefits. For example, N.J.S.A. 43:16A-6 to -7 (PFRS); N.J.S.A. 43:15A-42 to -46 (PERS); N.J.S.A. 18A:66-39 to -42 (TPAF); N.J.S.A. 53:5A-9 to - 10 (SPRS); N.J.S.A. 43:16-2 (CPFPF); N.J.S.A. 43:6A-12 (JRS); and N.J.S.A. ...

docket:	a2171-16
court:	NJ Superior Court Appellate Division
decided:	2018-05-07
status:	published
citation:	454 N.J.Super. 386 185 A.3d 928
Document Size:	145520

827 West Orange Township v. Crest Ridge Realty, LLC -- rank: 841

... that West Orange is discriminated against for the purposes of N.J.S.A. 54:3-21a.(1). As such, each reverse tax appeal ... filed during the term of the contract.ā€ 5 3 N.J.S.A. 40 A:11-3(b) provides that all municipal ā ... an hourly basis. 6 Under the Local Public Contracts Law, N.J.S.A. 40A:11-4.5, ā€œall [local public] contract awards ... Page -9- assessments in the taxing district, as mandated by N.J.S.A. 54:4-23. Thus, West Orangeā€™s reverse tax appeals ... Accordingly, because West Orange is exercising its statutory right, under N.J.S.A. 54:3-21a.(1), to correct perceived discriminatory assessments in ... in the taxing district or only a select few. B. N.J.S.A. 54:3-21a.(1) When taxpayers or taxing districts ...

docket:	004373-18
court:	NJ Superior Court Appellate Division
decided:	2023-06-28
status:	Unpublished
citation:
Document Size:	105733

828 STATE OF NEW JERSEY v. LASHAWN FITCH -- rank: 841

... Fitch was convicted of second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1 (count one); second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a) (count two); first-degree robbery, N.J.S.A. 2C:15-1 (count three); and first-degree felony murder, N.J.S.A. 2C:11-3(a)(3) (count four). At sentencing, the ... of parole ineligibility pursuant to the No Early Release Act, N.J.S.A. 2C:43-7.2. On appeal, defendant raises the ...

docket:	a1014-14
court:	NJ Superior Court Appellate Division
decided:	2017-09-22
status:	unpublished
citation:
Document Size:	99860

829 DANIEL ROCHAT -- rank: 841

... jury returned an indictment charging defendant with first-degree murder, N.J.S.A. 2C:11-3(a)(1), (2) (count one); first-degree felony murder, N.J.S.A. 2C:11-3(a)(3) (counts two A-0103-17 10 and three); second-degree burglary, N.J.S.A. 2C:18-2 (count four); second- degree aggravated arson, N.J.S.A. 2C:17-1(a) (counts five, six and seven); first-degree attempted murder, N.J.S.A. 2C:5-1 and N.J.S.A. 2C:11-3 (counts eight and nine); second-degree ...

docket:	a0103-17
court:	NJ Superior Court Appellate Division
decided:	2022-01-28
status:	Published
citation:
Document Size:	146414

830 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. C.J. -- rank: 841

Original Wordprocessor Version (NOTE: The status of this decision is Unpublished .) RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0 A-0194-12T4 A-0197-12T4 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY, Plaintiff-Respondent, v ...

docket:	a0326-11
court:	NJ Superior Court Appellate Division
decided:	2014-08-08
status:	unpublished
citation:
Document Size:	217652

831 /usr/local/share/www/libweb/collections/courts/appellate/a3415-19.opn.html -- rank: 841

... summons and two warnings, for tinted windows, in violation of N.J.S.A. 39:3-75, and an obstructed view of a mirror, in violation of N.J.S.A. 39:3-74. Patrolman Lucas Bottoms responded to Aboud's ... 2 Driving while intoxicated is an indictable offense pursuant to N.J.S.A. 39:4- 50(a). A-3415-19 5 attempting to ... CDS, heroin (count one) and codeine (count two), contrary to N.J.S.A. 2C:35-10(a)(1); third-degree possession with intent to distribute CDS, heroin (count three), contrary to N.J.S.A. 2C:35-5(a)(1), (b)(3); second-degree unlawful ... weapon, a Glock .45 caliber handgun (count four), contrary to N.J.S.A. 2C:39-5(b)(1); third-degree possession with ...

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court:	NJ Superior Court Law/Chancery Division
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832 /usr/local/share/www/libweb/collections/courts/appellate/a5556-17.opn.html -- rank: 841

... Herbert and Charles with the following offenses: first-degree robbery, N.J.S.A. 2C:15-1 (count one); first-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2(a)(1) and N.J.S.A. 2C:15-1 (count two); second- degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b) (count three); A-5556-17T4 4 ... third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a)(1) (count four). The State moved ... an expert in regard to operability.' It explained t hat N.J.S.A. 2C:39-5(b) requires the State to prove ...

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833 STATE OF NEW JERSEY v. AMY LOCANE -- rank: 841

... of the lesser-included offense of second-degree vehicular homicide, N.J.S.A. 2C:11-5(a), 1 and third-degree assault by auto, N.J.S.A. 2C:12-1(c)(2). The trial judge, at the ... Princeton Township: driving while intoxicated (DWI) in a school zone, N.J.S.A. 39:4-50(g); leaving the scene of an accident, N.J.S.A. 39:4-29(a); and reckless driving, 2 N.J.S.A. 39:4-96. Defendant was convicted of two additional motor ... prison term subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. He also imposed a concurrent ...

docket:	a2728-12
court:	NJ Superior Court Appellate Division
decided:	2016-07-22
status:	unpublished
citation:
Document Size:	105591

834 /usr/local/share/www/libweb/collections/courts/appellate/a1780-17a2051-17.opn.html -- rank: 841

... of trial, and rejected its request for excludable time under N.J.S.A. 2A:162- 22, the speedy trial statute in the Criminal Justice Reform Act (CJRA), N.J.S.A. 2A:162-15 to -26. In Docket No. A-2051 ... speedy trial period. R. 3:5-4(i)(7); see N.J.S.A. 2A:162-22(b)(1)(g). Moreover, the provision addressing ... failures to produce discovery is a limit on excludable time. N.J.S.A. 2A:162-22(b)(2). The court properly excluded time sua sponte under N.J.S.A. 2A:162- 22(b)(1)(c), and retained jurisdiction to ... court. Time while the trial is stayed is excludable under N.J.S.A. 2A:162-22(b)(1)(l). As a result, ...

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835 MICHAEL AVERSANO, et al. v. PALISADES INTERSTATE PARKWAY COMMISSION, et al. -- rank: 841

... for injuries caused by a condition of unimproved public property. N.J.S.A. 59:4-8. In addition, they argued that the Landowners' Liability Act, N.J.S.A. 2A:42A-3, protects landowners, including public entities, from any ... were immune from liability pursuant to the Tort Claims Act, N.J.S.A. 59:4-8, as well as the Landowner's Liability Act, N.J.S.A. 2A:42A-3. Plaintiffs now concede, as they must, that ... dominant theme of the New Jersey Tort Claims Act ("TCA"), N.J.S.A. 59:1-1 to 12-3, is immunity. Weiss v ... v. N.J. Transit , supra , 128 N.J. at 383. N.J.S.A. 59:4-8 provides that "[n]either a public ...

docket:	A3947-01
court:	NJ Superior Court Appellate Division
decided:	2003-10-01
status:	published
citation:	363 N.J. Super. 266 832 A.2d 914
Document Size:	75333

836 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:	A3852-99
court:	NJ Superior Court Appellate Division
decided:	2002-05-31
status:	published
citation:
Document Size:	168615

837 STATE OF NEW JERSEY v. TYRICE O. BERRY -- rank: 841

... County indictment with two counts of first-degree attempted murder, N.J.S.A. 2C:5-1 and N.J.S.A. 2C:11-3 (counts one and two); two counts of second-degree aggravated assault, N.J.S.A. 2C:12-1b(1) (counts three and four); second-degree possession of a firearm for an unlawful purpose, N.J.S.A. 2C:39-4(a) (count five); and second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5b (count eight). Following a 2017 jury trial ... parole ineligibility pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. The convictions stemmed from defendant ...

docket:	a3819-17
court:	NJ Superior Court Appellate Division
decided:	2022-04-19
status:	Unpublished
citation:
Document Size:	97653

838 /usr/local/share/www/libweb/collections/courts/supreme/a4012-14.opn.html -- rank: 841

... the following eight counts: third-degree possession of CDS (cocaine), N.J.S.A. 2C:35-10(a)(1) (count one); third-degree possession of CDS (cocaine), with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and 2C:35-5(b ... to distribute within 500 feet of a public housing facility, N.J.S.A. 2C:35-7.1 and 2C:35-5(a) (count four); third-degree distribution of CDS (cocaine), N.J.S.A. 2C:35-5(a)(1) and 2C:35-5(b ... CDS (cocaine) within 500 feet of a public housing facility, N.J.S.A. 2C:35-7.1 and 2C:35-5(a), to ... conviction or punishment, through the concealment or destruction of evidence, N.J.S.A. 2C:29-3(b)(1) (count fifteen). Prior to ...

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court:	NJ Superior Court Law/Chancery Division
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839 C.A. v. ERIC BENTOLILA, M.D -- rank: 841

... within the Patient Safety Act (the "PSA" or the "Act"), N.J.S.A. 26:2H-12.23 to -12.25. We also examine ... of medical errors result from systems problems, not individual incompetence[.]" N.J.S.A. 26:2H-12.24(a). The Legislature further recognized that ... errors, as well as to detect those that do occur[.]" N.J.S.A. 26:2H-12.24(b). Such optimal systems "incorporate mechanisms ... harm to patients that results from the delivery system itself[.]" N.J.S.A. 26:2H-12.24(c). More specifically, "[a]n important ... not only of adverse events, but also of 'near-misses[.]'" N.J.S.A. 26:2H-12.24(d). The Legislature was manifestly concerned ... be silent about adverse events, resulting in serious under-reporting[.] [ N.J.S.A. 26:2H-12.24(e).] The Legislature sought to ...

docket:	a1261-11
court:	NJ Superior Court Appellate Division
decided:	2012-08-09
status:	published
citation:	428 N.J.Super. 115 51 A.3d 119
Document Size:	119368

840 STATE OF NEW JERSEY v. HOWARD L. DUNNS -- rank: 841

... Cumens with third-degree conspiracy to commit burglary and theft, N.J.S.A. 2C:5-2, N.J.S.A. 2C:18-1 and N.J.S.A. 2C:20-3. Thirty counts of the indictment charged defendant ... eight residential burglaries, including eight counts of third-degree burglary, N.J.S.A. 2C:18-2, one count of fourth-degree theft, N.J.S.A. 2C:20-3, five counts of third- degree theft, N.J.S.A. 2C:20-3, eight counts of fourth-degree 2 ...

docket:	a0481-15
court:	NJ Superior Court Appellate Division
decided:	2018-06-29
status:	unpublished
citation:
Document Size:	84668