Search Rutgers Law Library N.J. Court Opinions

991 IN THE MATTER OF THE ELECTION FOR ATLANTIC COUNTY FREEHOLDER DISTRICT 3 2020 -- rank: 841

... See L. 2020, c. 67 (eff. Jan. 1, 2021) (amending N.J.S.A. 1:1-2; N.J.S.A. 40:20-1). 2 Parker did not participate in this ... The November 3, 2020 General Election was conducted pursuant to N.J.S.A. 19:63-31. 9. The November 3, 2020 General Election ... was primarily a 'Vote-by-Mail' election. .... 13. Pursuant to N.J.S.A. 19:63-7 and N.J.S.A. 19:63-9, vote-by-mail ballots for the November ... on behalf of the Atlantic County Clerk. 14. Pursuant to N.J.S.A. 19:63-7 and N.J.S.A. 19: ...

docket:	a1205-20
court:	NJ Superior Court Appellate Division
decided:	2021-06-29
status:	Published
citation:
Document Size:	56427

992 STATE OF NEW JERSEY v. CARL J. HOLDREN -- rank: 841

... four count indictment. Both were charged with first-degree racketeering, N.J.S.A. 2C:41-2(c)-(d) (count one); first-degree conspiracy to murder Logan, N.J.S.A. 2C:5-2 (count two); three counts of second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a) and N.J.S.A. 2C:2-6 (counts three, five and twenty); first-degree attempted murder of Logan, N.J.S.A. 2C:11-3(a), N.J.S.A. 2C:5-1, and N.J.S.A. 2C: ...

docket:	a5071-13
court:	NJ Superior Court Appellate Division
decided:	2017-09-01
status:	unpublished
citation:
Document Size:	101981

993 UNITED PROPERTY OWNERS ASSOCIATION OF BELMAR, et al. v. BOROUGH OF BELMAR, et al. -- rank: 841

... such rental units that met the definition set forth in N.J.S.A. 40:52-1(n). See footnote 1 1     The legislative ... that the judge ignored is the Uniform Fire Safety Act, N.J.S.A. 52:27D-119 to - 140] be made to conform to ... more restrictive than this act and the regulations promulgated thereunder." N.J.S.A. 52:27D-202b.     The UFC allows local governments to regulate ... 1 and -7.4b seek to prevent. See, e.g. , N.J.S.A. 2C:33-11 (defacing or damaging private property without the ... owner or tenant is a crime of the fourth degree); N.J.S.A. 2C:33-4 (harassment, which includes communicating "in offensively coarse ... Law Div. 1987) (voiding a curfew imposed on minors), with N.J.S.A. 40:48-2.52b, d (permitting municipalities to impose ...

docket:	A2938-99
court:	NJ Superior Court Appellate Division
decided:	2001-07-16
status:	published
citation:	343 N.J. Super. 1 777 A.2d 950
Document Size:	170470

994 SENIOR CITIZENS UNITED COMMUNITY SERVICES, INC. v. DIRECTOR, DIVISION OF TAXATION -- rank: 841

... Resident Transportation Assistance Act, L. 1983, c. 578, (codified as N.J.S.A. 27:25-25 to -34), federal formula grants for the ... operate an “autobus” as that term is defined in N.J.S.A. 48:4-1 of Title 48 (Public Utilities). The Director ... or rural bus service transporting senior citizens and the disabled. --- N.J.S.A. 48:4-1. The Director goes on to reason that ... eligible. SCUCS argues that the definition of autobus found in N.J.S.A. 48:4-1 of Title 48 is not incorporated into ... of special bus operation or a casino bus operation, -5- [N.J.S.A. 54:39-112(a)(1).] On its face and without ... 4, with L. 2010, c. 22, § 3 (codified as N.J.S.A. 54:39-103(a)(1)(a)). -6- highways). Bus ...

docket:	08789-19
court:	NJ Tax Court
decided:	2021-07-01
status:	Published
citation:
Document Size:	72858

995 IN THE MATTER OF HOSPITALS' PETITIONS FOR ADJUSTMENT OF RATES FOR REIMBURSEMENT OF INPATIENT SERVICES TO MEDICAID BENEFICIARIES -- rank: 841

... of the rulemaking requirements of the Administrative Procedure Act (APA), N.J.S.A. 52:14B-1 to -15, by (1) recognizing as "Medicaid ... Services. 42 U.S.C.A. § 1396a(a)(5); N.J.S.A. 30:4D-4, -5. The New Jersey Medical Assistance and Health Services Act, N.J.S.A. 30:4D-1 to -19.2, and associated regulations, N ... U.S.C.A. §§ 1396, 1396a(a)(13); N.J.S.A. 30:4D-7a. The methodology can be found in Attachment ... Medicaid expenditures. 42 C.F.R. 433 .51(b). See N.J.S.A. 26:2H-18.52 and -18.59; N.J.A.C. 10:52-13.4. See N.J.S.A. 26:2H-18.52, -18.61. See N.J. ...

docket:	A1158-03
court:	NJ Superior Court Appellate Division
decided:	2006-02-17
status:	published
citation:
Document Size:	133057

996 /usr/local/share/www/libweb/collections/courts/appellate/a4005-17.opn.html -- rank: 841

... court therefore imposed a life sentence without parole pursuant to N.J.S.A. 2C:11-3(b)(4)(f) on defendant's conviction for knowing and purposeful murder under N.J.S.A. 2C:11-3(a). The court imposed concurrent custodial sentences ... prior criminal convictions, two of which were for Graves Act, N.J.S.A. 2C:43-6(c), offenses— his conviction of the first ... required imposition of a mandatory extended term sentence pursuant to N.J.S.A. 2C:43- A-4005-17 15 6(c). The court ... subject to the requirements of the No Early Release Act, N.J.S.A. 2C:43- 7.2, and ordered defendant serve the sentence ... and weigh the aggravating and mitigating factors as required under N.J.S.A. 2C:44-1 and apply all principles applicable to ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	106081

997 SVETOZAR BELJAKOVIC v. DIRECTOR -- rank: 841

... income to New Jersey, and pursuant to the GIT statute, N.J.S.A. 54A:4-1(c), no credit is allowed for S ... in computing its entire net income, but as required by N.J.S.A. 54:10A-4, it added back these taxes. A-Tech ... his disallowance was simply that his adjustment was pursuant to N.J.S.A. 54A:4-1 “[r]egarding the numerator of the ... period, and therefore the deficiency became an assessment pursuant to N.J.S.A. 54A:9-2(b). They then filed a timely appeal ... Director maintains that the plain language of the controlling statute, N.J.S.A. 54A:4-1(c) (“Subsection C”), bars such credit ... should not trump the underlying legislative intent and purpose of N.J.S.A. 54A:4-1, namely, providing a GIT credit to ...

docket:	04551-10
court:	NJ Tax Court
decided:	2012-08-01
status:	Published
citation:
Document Size:	104998

998 LOUIS B. OFF v. DIVISION OF TAXATION -- rank: 841

... The Director contends that the complaint must be dismissed under N.J.S.A. 54:34-13 and N.J.S.A. 54:49-18(a) because plaintiff neither protested the Director ... a plain copy thereof with the Bureau, the provisions of N.J.S.A. 3A:10-2, shall not be considered in the determination ... within ninety days of the notice. The information conforms with N.J.S.A. 54:34-13 which reads as follows: Any interested person ... with the applicable provision of the State Uniform Procedure Law, N.J.S.A. 54:49-18(a), which provides, in pertinent part, as ... was "arbitrary and capricious," because, as alleged in the complaint, N.J.S.A. 54:34-5, dealing with deductions to ascertain market ...

docket:	11123-94
court:
decided:	1996-07-17
status:
citation:	16 N.J. Tax 157
Document Size:	86722

999 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES - v. T.P. -- rank: 841

... prongs that compose the best interests of the child test, N.J.S.A. 30:4C-15.1(a); New Jersey Division of Youth ... Lillian pled guilty to endangering the welfare of a minor, N.J.S.A. 2C:24-4, with respect to that incident. Todd was ... of all five children. She pled guilty to aggravated assault, N.J.S.A. 2C:12-1(b), with respect to that incident involving ... mother's care pursuant to a notice of emergency removal, N.J.S.A. 9:6-8.29 and 9:6-8.30. A ... October 23, 2007, seeking a waiver of reasonable efforts under N.J.S.A. 30:4C-11.3(c). The Division contact sheets for ... court's holding in A.W. , codifying the standard at N.J.S.A. 30:4C-15.1(a). See L. 1991, c. ...

docket:	a4986-07
court:	New Jersey Superior Court Appellate Division
decided:	2010-06-28
status:	Published
citation:
Document Size:	229998

1000 Frugis v. Bracigliano -- rank: 841

... office. Bracigliano was charged with and convicted of official misconduct, N.J.S.A. 2C:30-2a. The parents of B.F. and R ... the Board was not negligent. The panel concluded also that N.J.S.A. 59:9-3.1 mandated apportionment of liability between the ... in favor of plaintiffs on their claims against the Board. N.J.S.A. 59:9-3.1 mandates apportionment of fault between the ... wrongdoing. The Court agrees with the Appellate Division, however, that N.J.S.A. 59:9-3.1 requires apportionment of fault between the ... the entity's percentage of fault. By its express language, N.J.S.A. 59:9-3.1 stands alone in determining a public ... on joint tortfeasors that are inconsistent with the dictates of N.J.S.A. 59:9-3.1. (Pp. 28 to 31). 4. ...

docket:	a-156-01
court:	njsupreme
decided:	2003-07-29
status:
citation:	177 N.J. 250
Document Size:	112347

1001 STATE OF NEW JERSEY v. GIUSEPPE TEDESCO -- rank: 841

... after a jury found him guilty of first-degree murder, N.J.S.A. 2C:11-3(a), second-degree unlawful possession of a handgun without a permit, N.J.S.A. 2C:39-5(b), and second-degree possession of a firearm for an unlawful purpose, N.J.S.A. 2C:39-4(a). The case arises from the 2010 ... of incarceration, subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. On appeal, defendant raises the following ... risk defendant will re-offend), and nine (need for deterrence). N.J.S.A. 2C:44-1(a)(1), (3), (9). Defendant argues aggravating ...

docket:	a6200-12
court:	NJ Superior Court Appellate Division
decided:	2017-03-06
status:	unpublished
citation:
Document Size:	104213

1002 /usr/local/share/www/libweb/collections/courts/appellate/a5467-18.opn.html -- rank: 841

... Kimberly A. Watson of second-degree theft by unlawful taking, N.J.S.A. 2C:20-3(a). At sentencing, the court imposed a ... in an indictment with second-degree theft by unlawful taking, N.J.S.A. 2C:20-3(a). The indictment alleged that between June ...

docket:
court:	New Jersey Superior Court Appellate Division
decided:
status:
citation:
Document Size:	63720

1003 IN THE MATTER OF THE ADOPTION OF N.J.A.C 13:70-1.32 to 1.41 and N.J.A.C 13:71-1.27 to 1.36 -- rank: 841

... adopted in violation of the Open Public Meetings Act (OPMA), N.J.S.A. 10:4-6 to -21; will "perpetuate the Commission's ... or proper to enable it to carry out" its responsibilities. N.J.S.A. 5:5-22. It is required by N.J.S.A. 5:5-29 to meet publicly to transact its business ... which was established pursuant to the Casino Simulcasting Act (CSA), N.J.S.A. 5:12-205. In particular, the CSA authorizes Atlantic City ... horse races conducted in New Jersey and in other states, N.J.S.A. 5:12-193, and to accept wagers on such races, N.J.S.A. 5:12-194(a)(2), with the proceeds being ...

docket:	a1913-08
court:	NJ Superior Court Appellate Division
decided:	2011-06-02
status:	unpublished
citation:
Document Size:	73899

1004 JOHN W. HARDWICKE, JR., et al. v. AMERICAN BOYCHOIR SCHOOL, et al. -- rank: 841

... not asserted under New Jersey's Child Sexual Abuse Act, N.J.S.A. 2A:61B-1, and because a public school board and ... the case did not raise issues of charitable immunity. See N.J.S.A. 2A:53A-7.     In the present cases, like Frugis , plaintiffs ... against the school as barred by the Charitable Immunity Act, N.J.S.A. 2A:53A-7 to -11. Finally, the court dismissed a ... trigger the Act's extended accrual features set forth in N.J.S.A. 2A:61B-1b. This was so, the court held, because ... issue of the applicability of the Child Sexual Abuse Act, N.J.S.A. 2A:61B-1, enacted in 1992. That statute was drafted ... Act contains rape-shield See footnote 6 and confidentiality provisions, N.J.S.A. 2A:61B-1d to -1g, and in paragraph h, ...

docket:	A3081-02
court:	NJ Superior Court Appellate Division
decided:	2004-03-26
status:	published
citation:
Document Size:	129401

1005 FRAZIER V. NEW JERSEY MANUFACTURERS INSURANCE COMPANY -- rank: 841

... the Court.     The issue on appeal is whether, pursuant to N.J.S.A. 34:15-40 (section 40), a workers' compensation lien attaches ... a supersedeas bond. HELD :     A workers' compensation lien, pursuant to N.J.S.A. 34:15-40, attaches to the proceeds of a legal ... failed to institute an action against a third-party tortfeasor. N.J.S.A. 34:15-40 imposes a lien on third-party recoveries ... l995), also decided today, the issue is whether, pursuant to N.J.S.A. 34:l5-40, a workers' compensation lien attaches to the ... Legislature amended the Workers' Compensation Act in l9l3 by adding N.J.S.A. 34:l5-4O (section 40), ( L. l9l3, c. l74, § 8 ... l956, c. l4l, § 6), the l9l3 amendment became codified in N.J.S.A. 34:l5-40, which provides, in relevant part:         Where ...

docket:	a-3-95
court:	njsupreme
decided:	1995-12-04
status:
citation:	142 N.J. 590
Document Size:	57994