Search Rutgers Law Library N.J. Court Opinions

931 STATE OF NEW JERSEY v. ABNER RODRIGUEZ -- rank: 841

... his request for a Graves Act 1 waiver pursuant to N.J.S.A. 2C:43-6.2. That statute 'embodies the so called ... in possession of a firearm. P.L. 1981, c. 31. ( N.J.S.A. 2C:43-6(c)). The term 'Graves Act' now refers ... one-half-ounce threshold for a second-degree crime under N.J.S.A. 2C:35-5(b)(2). A-3586-19T4 3 bags ... indictment with eight counts:5 third-degree possession of CDS, N.J.S.A. 2C:35-10(a)(1); second- degree possession of CDS with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and (b)(2); third-degree ... CDS with intent to distribute on or near school property, N.J.S.A. 2C:35-7; fourth-degree tampering with evidence, N. ...

docket:	a3586-19
court:	NJ Superior Court Appellate Division
decided:	2021-01-25
status:	Published
citation:
Document Size:	111045

932 Donald T. Polzo v. County of Essex -- rank: 841

... held liable under the New Jersey Tort Claims Act (TCA), N.J.S.A. 59:1-1 to 12-3. This case involves a ... could “have taken measures to protect against [it].” N.J.S.A. 59:4-2. If so, the County still will not ... it is reasonably foreseeable that it will be used.” N.J.S.A. 59:4-1. The issue is whether the County had ... have discovered the condition and its dangerous character.” See N.J.S.A. 59:4-3(b). (pp. 28-31) 5. Even if ... the failure to repair it was “palpably unreasonable.” N.J.S.A. 59:4-2. Essex County is responsible for an extensive ... is restricted under the New Jersey Tort Claims Act (TCA), N.J.S.A. 59:1-1 to 12-3. Liability attaches to ...

docket:	A-74-10
court:	NJ Supreme Court
decided:	2012-01-18
status:
citation:
Document Size:	100146

933 IN RE FLOOD HAZARD AREA VERIFICATION -- rank: 841

... for the property under the Freshwater Wetlands Protection Act ("FWPA"), N.J.S.A. 13:9B-1 to -30, and its implementing regulations. In ... issued pursuant to the Flood Hazard Area Control Act ("FHACA"), N.J.S.A. 58:16A-50 to -101, and that statute's own ... in 2012 without holding a public hearing as required by N.J.S.A. 13:8B-5 to eliminate or change portions of the ... hearing, which we agree is required in that circumstance by N.J.S.A. 13:8B-5, to address the requested alteration of the ... B. A-6364-11 (the Wetlands Appeal) 4 The FWPA, N.J.S.A. 13:9B-1 to -30, was enacted by the Legislature ... release of stored groundwater and flood waters during drought periods. N.J.S.A. 13:9B-2. Accordingly, the Legislature determined in the ...

docket:	a5541-11
court:	NJ Superior Court Appellate Division
decided:	2014-06-20
status:	unpublished
citation:
Document Size:	102558

934 STATE OF NEW JERSEY v. RHUMEIR D. MONEY -- rank: 841

... of all indicted counts: first-degree murder of Brian Burnett, N.J.S.A. 2C:11- 3(a)(1), (2) (count one); first-degree attempted murder of Jeroboam Fisher, N.J.S.A. 2C:5-1 and N.J.S.A. 2C:11-3(a)(1), (2) (count two); first-degree attempted murder of Carlos Perry, N.J.S.A. 2C:5-1 and N.J.S.A. 2C:11-3(a)(1), (2) (count three); second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a) (count four); second-degree unlawful ...

docket:	a5289-17
court:	NJ Superior Court Appellate Division
decided:	2021-07-21
status:	Unpublished
citation:
Document Size:	90031

935 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:	A3853-99
court:	NJ Superior Court Appellate Division
decided:	2002-05-31
status:	published
citation:
Document Size:	168615

936 AMA B. AFIRIYIE v. BANK OF AMERICA, N.A. -- rank: 841

... LaManna, at the direction of his superior officer, with forgery, N.J.S.A. 2C:21-1(a)(2), and attempted theft by deception, N.J.S.A. 2C:5-1(a)(1) and 2C:20-4(a ... one); wrongful dishonor of a negotiable instrument in violation of N.J.S.A. 12A:4-402 (count two); breach of contract (count three ... plaintiff alleged wrongful discharge of a negotiable instrument contrary to N.J.S.A. 12A:4-402. During oral argument on the bank defendants ... claims for wrongful dishonor. We deal with these facets separately. N.J.S.A. 12A:4-401 to 12A:4-407, which are provisions ... address the relationship between a payor bank and its customer. N.J.S.A. 12A:4-402 provides: a. Except as otherwise provided ...

docket:	a1595-10
court:	NJ Superior Court Appellate Division
decided:	2013-02-07
status:	unpublished
citation:
Document Size:	102913

937 JWC FITNESS, LLC , v. PHILIP D. MURPHY -- rank: 841

... Jersey Civil Defense and Disaster Control Act (Disaster Control Act), N.J.S.A. App. A:9-30 to -63, for the closure and ... centers, the State effectively 'commandeered and utilized' its property under N.J.S.A. App. A:9-34, such that the State must establish an 'emergency compensation board' under N.J.S.A. App. A:9-51(c), in order to provide 'payment of the reasonable value of such . . . privately owned property.' N.J.S.A. App. A:9-34. Plaintiff also seeks a declaratory judgment ... and various State statutes, including the Emergency Health Powers Act, N.J.S.A. 26:13-1 to -31, and the Disaster Control Act ... the public health emergency under the Emergency Health Powers Act, N.J.S.A. 26:13-1 to -31, (EHPA) but continued his ...

docket:	a0639-20
court:	NJ Superior Court Appellate Division
decided:	2021-10-18
status:	Published
citation:
Document Size:	55873

938 State v. Anthony K. Cole -- rank: 841

... 2 II. Defendant was indicted for first-degree attempted murder, N.J.S.A. 2C:11-3(a)(1) and 2C:5-1; fourth-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(d); third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(d); third-degree hindering apprehension, N.J.S.A. 2C:29-3(b); and fourth-degree certain persons not to have weapons, N.J.S.A. 2C:39-7(a). Defendant was tried before a jury ... parole ineligibility in accordance with the No Early Release Act, N.J.S.A. 2C:43-7.2(a). Defendant appealed his conviction ...

docket:	a-66-15
court:	New Jersey Supreme Court
decided:	2017-06-27
status:
citation:
Document Size:	138908

939 BRIAN HEYERT v. MENASSIE TADDESE -- rank: 841

... Yayine Melaku, violated the New Jersey Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -195, by charging rent in excess ... the CFA, and violating the Rent Security Deposit Act (RSDA), N.J.S.A. 46:8-19 to -26, and against the Board for ... Nat'l Bank , 199 N.J. 251 , 257 (2009) (citing N.J.S.A. 56:8-19); Gennari v. Weichert Co. Realtors , 148 N ... 389 (2007); Cox , supra , 138 N.J. at 17. Under N.J.S.A. 56:8-2, "affirmative acts" are defined as "unlawful practices ... of Operating Eng'rs , supra , 192 N.J. at 389; N.J.S.A. 56:8-19. In addition, before the CFA can be ... 316 N.J. Super. 33 , 41 (App. Div. 1998) (citing N.J.S.A. 56:8-19); see also , Bosland , supra , 197 N. ...

docket:	a4801-10
court:	NJ Superior Court Appellate Division
decided:	2013-06-25
status:	published
citation:	431 N.J.Super. 388 70 A.3d 680
Document Size:	128038

940 STATE OF NEW JERSEY v. GUILERMO SANTAMARIA -- rank: 841

... he was found guilty of first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a), (count one), two counts of second-degree sexual assault, N.J.S.A. 2C:14-2(c), (counts two and three), and two counts of second-degree official misconduct, N.J.S.A. 2C:30-2 (counts four and five). Defendant was sentenced ... was renamed the Division of Child Protection and Permanency (DCPP). N.J.S.A. 9:3A-10. 3 We do not comment on the ... The statute of limitations for official misconduct is seven years. N.J.S.A. 2C:1-6(b)(3). 'Time starts to run on the day after the offense is committed . . . .' N.J.S.A. 2C:1-6(c). Count four charged defendant with ...

docket:	a2012-12
court:	NJ Superior Court Appellate Division
decided:	2016-02-03
status:	unpublished
citation:
Document Size:	58162

941 State of New Jersey, Department of Corrections v. International Federation of Professional and Technical Engineers, Local 195 -- rank: 841

... definite award upon the subject matter submitted was not made.� N.J.S.A. 2A:24-8. A court also may vacate an award ... department, subject to the provisions of [the Civil Service Act].� N.J.S.A. 30:1B-6b. Public employees, such as those employed by ... back pay as a remedy for a contract violation. ����Further, N.J.S.A. 34:13A-5.3 explicitly provides that �[p]ublic employers ... J. at 120-24, was enacted in three separate statutes: N.J.S.A. 40A:9-172. The other two statutes provide essentially the same entitlement, but to firefighters and police officers, respectively. N.J.S.A. 40A:14-151 (police officers). �����[T]he legislative purpose sought ... addressed whether the plaintiff fell within the then-applicable statute, N.J.S.A. 40A:46-34. At the time, that statute applied ...

docket:	a-20-00
court:	njsupreme
decided:	2001-07-12
status:
citation:	169 N.J. 505
Document Size:	127150

942 IN THE MATTER OF THE APPEAL OF THE DENIAL OF M.U.'S APPLICATION -- rank: 841

... case of first impression, we must determine the constitutionality of N.J.S.A. 2C:58-3(c)(5), which restricts the issuance of ... our analysis, we consider whether relevant historical analogues demonstrate that N.J.S.A. 2C:58-3(c)(5) 'is consistent with this Nation ... its assessment of the evidence and in its conclusion under N.J.S.A. 2C:58-3(c)(5) that it would not be ... he were to purchase another firearm. He also argues that N.J.S.A. 2C:58-3(c)(5)'s restriction upon firearm acquisition ... A-2535-20 3 not have the legal authority, under N.J.S.A. 2C:58-3(c) and (f), to compel the transfer ... or-transfer ruling. To determine the constitutionality and applicability of N.J.S.A. 2C:58- 3(c)(5), which prohibits the issuance ...

docket:	a2535-20
court:	NJ Superior Court Appellate Division
decided:	2023-03-21
status:	Published
citation:
Document Size:	131573

943 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. N.S. and R.B. -- rank: 841

... LIHOTZ, J.A.D. In these consolidated Title Nine matters, N.J.S.A. 9:6-1 to -8.73, N.S. and R ... N. and J.B., placing the children in foster care. N.J.S.A. 9:6-8.29. The following day, the Division filed ... care, and supervision of K.A.N. and J.B. N.J.S.A. 30:4C-12; see also Division of Youth & Family Servs ... statutory obligation to make reasonable efforts to reunite the family. N.J.S.A. 30:4C-11.3(b). The court found aggravating circumstances ... Servs. , 157 N.J. 161 , 181-82 (1999). We note N.J.S.A. 9:6-8.21(a) defines the terms parent or ... whom there is a legal duty for such care." Also, N.J.S.A. 9:6-2 provides that a "'person having the ...

docket:	a1076-06
court:	New Jersey Superior Court Appellate Division
decided:	2010-04-14
status:	published
citation:	412 N.J. Super. 593 992 A.2d 20
Document Size:	120273

944 A.A., by his parent and guardian B.A., et al. v. ATTORNEY GENERAL OF NEW JERSEY and THE NEW JERSEY DEPARTMENT OF CORRECTIONS -- rank: 841

... the DNA Database and Databank Act of 1994 (the Act), N.J.S.A. 53:1-20.17 to -20.28, as amended by ... consisting of biological samples and DNA profiles of certain offenders. N.J.S.A. 53:1-20.20g, h; N.J.S.A. 53:1-20.21. Its purpose is to provide "an ... in criminal investigations and in deterring and detecting recidivist acts." N.J.S.A. 53:1-20.18. ��������������������I. Plaintiffs, A.A., by his ... conduct classified as a crime to submit a biological sample. N.J.S.A. 53:1-20.20g, h; see L. 2003, c. 118 ... a controlled dangerous substance with intent to distribute, contrary to N.J.S.A. 2C:35-5, one for a crime of the ...

docket:	A2320-04
court:	NJ Superior Court Appellate Division
decided:	2006-03-17
status:	published
citation:
Document Size:	121848

945 Thisopinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R.1:36-3 SB BUILDING ASSOCIATES L.P. -- rank: 841

... 2001, pursuant to the Local Redevelopment and Housing Law (LRHL), N.J.S.A. 40A:12A-1 to -49, Milltown designated the Site as ... Board failed to make "the essential factual findings required by N.J.S.A. 40:55D-42; it "unlawfully left [the issue] to be ... was not authorized by the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 to -163. Defendants contend that the requirement ... and bonds to fund those improvements. Id. at 564-65. N.J.S.A. 40A:12A-13 requires, however, that all developmental or redevelopment ... condition to subdivision or site plan approval are governed by N.J.S.A. 40:55D-42. 10 As provided in N.J.S.A. 40:55D-39a, "[a]n ordinance requiring approval by ...

docket:	a0200-14
court:	NJ Superior Court Appellate Division
decided:	2017-01-06
status:	unpublished
citation:
Document Size:	69140