Search Rutgers Law Library N.J. Court Opinions

841 STATE OF NEW JERSEY v. JOSEPH S. MACCHIA -- rank: 841

... jury trial, defendant was convicted of second-degree reckless manslaughter, N.J.S.A. 2C:11-4(b)(1), and sentenced to a six ... term of imprisonment, subject to the No Early Release Act, N.J.S.A. 2C:43-7.2. The charge stemmed from the fatal ... BEEN SENTENCED TO A SENTENCE ONE DEGREE LOWER PURSUANT TO [ N.J.S.A.] 2C:44- 1[(F)](2) AND SENTENCED TO THE MINIMUM ... – Self Defense A-5473-17 29 (In Self Protection) (N.J.S.A. 2C:3-4)' (rev. June 13, 2011).10 Nonetheless, relying ... In Bzura, the defendant was charged with false swearing under N.J.S.A. 2C:28-2(a), but the indictment actually alleged 'the form of false swearing proscribed by N.J.S.A. 2C:28-2[(c)].' Id. at 613. Although the ...

docket:	a5473-17
court:	NJ Superior Court Appellate Division
decided:	2021-10-04
status:	Unpublished
citation:
Document Size:	131308

842 IN RE RENEWAL APPLICATION OF TEAM ACADEMY CHARTER SCHOOL -- rank: 841

... facilities funding. See Educational Facilities Construction and Financing Act (EFCFA), N.J.S.A. 18A:7G-1 to -48. For the school year 2013 ... visited April 12, 2019). The Charter School Act (the Act), N.J.S.A. 18A:36A-1 to -18, defines an initial charter term ... English Proficiency student. A-3416-15T1 4 five-year periods. N.J.S.A. 18A:36A-17. The Act authorized 'the establishment of not ... a minimum of three charter schools allocated to each county. N.J.S.A. 18A:36A-3(b). During that time, enrollment could not ... in which the charter school is established, whichever is less.' N.J.S.A. 18A:36A-4(e). The Commissioner was directed to 'actively ... school districts with the participation of institutions of higher education.' N.J.S.A. 18A:36A-3(b). Charter schools are 'open to ...

docket:	a3416-15
court:	NJ Superior Court Appellate Division
decided:	2019-05-07
status:	Published
citation:	459 N.J.Super. 111 208 A.3d 10
Document Size:	86674

843 REBEKAH S. ZAKROCKI v. FORD MOTOR COMPANY and FREEHOLD FORD -- rank: 841

... trial on punitive damages. The Punitive Damages Act (the Act), N.J.S.A. 2A:15-5.9 to -.17 ["the Act"], requires that ... a wanton and willful disregard" of the risk in question. N.J.S.A. 2A:15-5.12(a). The standard of proof is ... the conduct or any concealment of it by the defendant. [ N.J.S.A. 2A:15-5.12(b).] The Act requires "'intentional wrongdoing ... As the Act specifies, even gross negligence will not suffice. N.J.S.A. 2A:15-5.12(a). Ford argues that the low ... defendant and to deter that defendant from repeating such conduct." N.J.S.A. 2A:15-5.14(a). The award must be an ... duration of the misconduct and the defendant's "financial condition." N.J.S.A. 2A:15-5.12(c). The jury must determine ...

docket:	a5769-06
court:	New Jersey Superior Court Appellate Division
decided:	2009-07-29
status:	Published
citation:
Document Size:	118914

844 STATE OF NEW JERSEY v. JUSTIN A. SCOTT -- rank: 841

... and Herbert Mays, who are cousins, for first-degree murder, N.J.S.A. 2C:11-3a(1) and (2) (count one); first-degree robbery, N.J.S.A. 2C:15-1a(1) or (3) and N.J.S.A. 2C:2-6 (count two); third-degree possession of a weapon (knife) for an unlawful purpose, N.J.S.A. 2C:39-4d (count three); and fourth-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5d (count four). The grand jury also indicted ... and Free for third-degree 1 tampering with a witness, N.J.S.A. 2C:28-5(a)(1) and/or (2) and ...

docket:	a4147-05
court:	New Jersey Superior Court Appellate Division
decided:	2009-07-20
status:	Published
citation:
Document Size:	116182

845 /usr/local/share/www/libweb/collections/courts/appellate/a2349-16.opn.html -- rank: 841

... relief under the New Jersey Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -14. As the Court observed, the ... he or she performed a 'whistle-blowing' activity described in N.J.S.A. 34:19-3(c); (3) an adverse employment action was ... against an employee in the terms and conditions of employment.' N.J.S.A. 34:19-2(e) (emphasis added). '[A]dverse employment action ... shown. Citing to the New Jersey Punitive Damages Act (NJPDA), N.J.S.A. 2A:15-5.12, they contend that punitive damages 'should ... J. 405, 431 (1994), superseded by statute on other grounds, N.J.S.A. 34:19-5). Despite that purpose, punitive damages are available ...

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846 VALENTINA TARTIVITA v. BOROUGH OF UNION BEACH -- rank: 841

... under the Real Property Assessment Demonstration Program (“ADP”) law, N.J.S.A. 54:1-101 to -106. Therefore, Freeze Act relief is ... for TY 2018. ANALYSIS Relief under the Freeze Act provisions, N.J.S.A. 54:3-26 (for final judgments of a county board of taxation) (“county board”) and N.J.S.A. 54:51A-8 (for final judgments of the Tax Court ... g., additions to a property, conversion to another use, see N.J.S.A. 54:51A-8). In any event, implied repeal of a ... municipal assessors employed by each municipality in a county.” N.J.S.A. 54:1-102(a). The Legislature expected a collaborative system ... the lack (or non-use) of modern technology. See also N.J.S.A. 54:1-102(c) (“use of cutting-edge ...

docket:	07705-18
court:	NJ Tax Court
decided:	2019-12-09
status:	Published
citation:
Document Size:	99066

847 SOPHARIE LEANG et al. v. JERSEY CITY BOARD OF EDUCATION, -- rank: 841

... right to be left alone. The Tort Claims Act ( TCA ), N.J.S.A. 59:1-1 to 15-3, does not provide immunity ... 173 , 179, 185 (1998). The "good faith" standard encompassed in N.J.S.A. 59:3-3 is one of "objectively reasonable conduct." Lascurain ... 1996). Summary judgment under the good faith immunity standard of N.J.S.A. 59:3-3 should be granted only "if public employees ... in accordance with the fair and uniform principles established herein." N.J.S.A. 59:1-2. Only tort-based claims are subject to ... any other political subdivision or public body in the State." N.J.S.A. 59:1-3. The medical defendants are clearly not public ... common law immunit ies of public entities and their employees. N.J.S.A. 59:2-1 (a) ("Except as otherwise provided by ...

docket:	a5777-05
court:	njappellate
decided:	2008-04-02
status:	published
citation:	399 N.J.Super. 329
Document Size:	176360

848 STATE OF NEW JERSEY v. FAHEEM PATTERSON -- rank: 841

... and Jimmie Tyson with second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1 (Count One); first-degree robbery, N.J.S.A. 2C:15-1 (Count Two); third-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5b (Count Three); second-degree possession of a handgun with a purpose to use unlawfully, N.J.S.A. 2C:39-4a (Count Four); and fourth-degree resisting arrest, N.J.S.A. 2C:29-2a (Count Five). Co-defendant Zenobia Winbush ...

docket:	A0275-04
court:	NJ Superior Court Appellate Division
decided:	2005-12-12
status:	unpublished
citation:
Document Size:	142221

849 K.G. v. NEW JERSEY STATE PAROLE BOARD -- rank: 841

... who are subject to parole supervision for life ('PSL') under N.J.S.A. 2C:43-6.4. Each appellant challenges certain conditions of ... who have been convicted of certain sexual offenses enumerated in N.J.S.A. 2C:43-6.4(a) must serve, in addition to ... for life commencing upon the offender's release from incarceration. N.J.S.A. 2C:43-6.4(a) and (b). PSL offenders remain ... to conditions appropriate to protect the public and foster rehabilitation.' N.J.S.A. 2C:43-6.4(b). These conditions include general conditions ... reduce the likelihood of recurrence of criminal or delinquent behavior.' N.J.S.A. 30:4-123.59(b)(1); see also N.J ... of a PSL condition 1 In 2003, the Legislature amended N.J.S.A. 2C:43-6.4 to replace all references to ' ...

docket:	a0042-16
court:	NJ Superior Court Appellate Division
decided:	2019-01-24
status:	Published
citation:	458 N.J.Super. 1 202 A.3d 636
Document Size:	93645

850 Oleg v. Brian -- rank: 841

... claims could not be sold under New Jersey law. See N.J.S.A. 49:3-60. This claim requires different treatment. In his ... even if the principal was not prosecuted or was acquitted. N.J.S.A. 2C:2-6(f); State v. Parris , 175 N.J ... been appointed. 10 Subsequent legislation modified the standard for accountants, N.J.S.A. 2A:53A-25, but did "not affect the application of ...

docket:	a1064-15
court:	NJ Superior Court Appellate Division
decided:	2017-10-04
status:	unpublished
citation:
Document Size:	90386

851 IN THE MATTER OF THE ORDER OF THE NEW JERSEY RACING COMMISSION -- rank: 841

... and the NJSEA violated the Open Public Meetings Act (OPMA), N.J.S.A. 10:4-6 to -21, and the order impermissibly appoints ... the New Jersey Off-Track and Account Wagering Act (OTAWA), N.J.S.A. 5:5-127 to -160, and an agreement between the ... in the State. L. 1940, c. 17, § 1; see N.J.S.A. 5:5-22. The Legislature empowered the Commission to prescribe ... under which all horse races are conducted in the State, N.J.S.A. 5:5-30, and to issue and regulate the licensing of those connected with horse racing, N.J.S.A. 5:5-33, -51. See also Delguidice v. N.J ... other things. See New Jersey Sports and Exposition Authority Law, N.J.S.A. 5:10-1 to -38. The Legislature granted the ...

docket:	a2194-12
court:	NJ Superior Court Appellate Division
decided:	2015-02-17
status:	unpublished
citation:
Document Size:	68600

852 CITIZENS UNITED RECIPROCAL EXCHANGE v. NORTHERN NJ ORTHOPEDIC SPECIALISTS -- rank: 841

... that if a party files an application to modify under N.J.S.A. 2A:23A-12(d), or an application to modify or ... after receipt of" the order granting or denying the application. N.J.S.A. 2A:23A-13(a). Accordingly, we affirm. I. The following ... judgment vacating the award and remanding to Forthright, pursuant to N.J.S.A. 2A:23A-13(c)(5), so the DRP could consider ... cause, asking that the DRP's award be vacated under N.J.S.A. 2A:23A-13. On September 11, 2014, Judge Thomas F. Brogan ruled that " N.J.S.A. 2A:23A-13(a) required [CURE] to file the Order ... court by the Alternative Procedure for Dispute Resolution Act (APDRA), N.J.S.A. 2A:23A-1 to -19. Under the APDRA, a ...

docket:	a0945-14
court:	NJ Superior Court Appellate Division
decided:	2016-05-06
status:	published
citation:	445 N.J.Super. 371 138 A.3d 559
Document Size:	46890

853 STATE OF NEW JERSEY v. ALAN C. FROST -- rank: 841

... been lodged against him: second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1 (count one); first-degree armed robbery with a deadly weapon, N.J.S.A. 2C:15-1 (count two); first-degree felony murder, N.J.S.A. 2C:11-3(a)(3) (count three); and first-degree murder, N.J.S.A. 2C:11-3(a)(2) (count four). He was sentenced ... five years, subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. 1 Defendant appeals, and raises ...

docket:	a4143-08
court:	NJ Superior Court Appellate Division
decided:	2010-06-23
status:	unpublished
citation:
Document Size:	89763

854 /usr/local/share/www/libweb/collections/courts/appellate/a4010-17.opn.html -- rank: 841

... a jury trial, defendant was convicted of first-degree murder, N.J.S.A. 2C:11-3(a)(1), (2), (count one); second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b) (count two); and second-degree possession of a handgun for an unlawful purpose, N.J.S.A. 2C:39-4(a) (count three). The convictions stemmed from ... life imprisonment, subject to the No Early Release Act (NERA), N.J.S.A. 2C:43- 7.2.2 He now appeals from the ... J. Super. 434, 449 n.5 (App. Div. 2008); see N.J.S.A. 2C:43-7.2(b). A-4010-17T4 3 POINT ... 346 N.J. Super. 198, 212 (App. Div. 2001) (citing N.J.S.A. 2C:11-4(b)(2)).] Thus, to establish passion/ ...

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855 STATE OF NEW JERSEY v. MANUEL MAYAS -- rank: 841

... three counts of third-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b); one count of fourth-degree possession of a prohibited device (hollow point bullets), N.J.S.A. 2C:39-3(f); and two counts of third-degree receiving stolen property, N.J.S.A. 2C:20-7(a). In addition, Angel and Candido were ... one count of fourth-degree obstructing the administration of law, N.J.S.A. 2C:29-1(a), and Candido and Manuel were each ... second-degree possession of a weapon by a convicted person, N.J.S.A. 2C:39-7(b). 2 Daniel entered a guilty plea ... impose an extended term sentence based on persistent offender status, N.J.S.A. 2C:44-3(a). The trial judge found three ...

docket:	a5694-07
court:	NJ Superior Court Appellate Division
decided:	2011-07-29
status:	unpublished
citation:
Document Size:	72166