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16 MARIA AZZARO v. BOARD OF EDUCATION OF THE CITY OF TRENTON -- rank: 549

... the performance of their duties A-0188-22 11 under N.J.S.A. 40A:14-155. 4 Id. at 14. Eight officers named in a civil ... between reimbursing for costs and providing for a defense under N.J.S.A. 40A:14-155. Id. at 14. We stated: When a statute speaks in ... under consideration, but in a portion not involved in 4 N.J.S.A. 40A:14-155 was amended subsequent to our decision in Edison. The later ... right to reimbursement provided for in the last sentence of N.J.S.A. 40A:14-155 and the portion relevant to the present appeal; both obligations ... 13 We further held 'that the municipality's obligation under N.J.S.A. 40A:14-155 does not require it to pay counsel chosen by a ... S.A. 18A:16-6.1, which is analogous to N.J.S.A. 40A:14-155. Petitioners requested legal fees and costs following twelve years ...

docket:	a0188-22
court:	NJ Superior Court Appellate Division
decided:	2023-12-21
status:	Published
citation:
Document Size:	41063

17 Bower v. Board of Education of the City of East Orange -- rank: 547

... c. 457, of the indemnification statute applicable to police officers, N.J.S.A. 40A:14-155, an amendment intended in part to deny reimbursement of legal ... charges against him, and sued the city for indemnification under N.J.S.A. 40A:14-155. Id. at 594. That statute read:             Whenever a member or ... for the expense of his defense.         [ Id. at 593 (quoting N.J.S.A. 40A:14-155).]     The Court noted that the charges against Valerius involved his ... 1985, the Legislature enacted L. 1985, c. 457, which amended N.J.S.A. 40A:14-155, apparently in response to the decisions in Valerius and Moya ... N.J.S.A. 18A:16-6, as it amended N.J .S.A. 40A:14-155, when it determined that our decisions in Moya v. New ...

docket:	a-88-96
court:	njsupreme
decided:	1997-06-10
status:
citation:	149 N.J. 416
Document Size:	78721

18 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 ESMAY PARCHMENT v. CITY -- rank: 518

... furtherance of his/her official duties, the City, pursuant to N.J.S.A. 40A:14-155, shall provide such officer with the necessary means for the ... indemnify or pay the costs of an adverse judgment. Likewise, N.J.S.A. 40A:14-155 obligated the City to pay defense costs, but imposed no ... duty to provide a defense. The same is true of N.J.S.A. 40A:14-155. 5 Instead, plaintiff argues, as she did before the trial ...

docket:	a3150-14
court:	NJ Superior Court Appellate Division
decided:	2017-07-17
status:	unpublished
citation:
Document Size:	38437

19 /usr/local/share/www/libweb/collections/courts/appellate/a1526-20.opn.html -- rank: 506

... C. 4A:2-2.12. We disagree. We first address N.J.S.A. 40A:14-155 raised by Smith's counsel during argument before us in ... it had, we disagree the statute applies in this situation. N.J.S.A. 40A:14-155 provides as follows: Whenever a member or officer of a ... of the member or officer. In an earlier case applying N.J.S.A. 40A:14-155, Township of Waterford v. Babli, we affirmed a Law Division ... use of the word 'such' in the last sentence of N.J.S.A. 40A:14-155 refers to the subject matter of the statute, specifically the ... to be entitled to recover expenses for her defense under N.J.S.A. 40A:14-155. Nor does N.J.A.C. 4A:2-2.12 ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	26318

20 FRANCESCO PAGANO v. TOWNSHIP OF POHATCONG -- rank: 490

... public records. He requested a "necessary means" for defense under N.J.S.A. 40A:14-155 ("the Reimbursement Statute"), but his request was declined. After a ... was acquitted of the charges. He filed suit, alleging that N.J.S.A. 40A:14-155 entitled him to seek reimbursement of legal fees from defendants ... police powers in furtherance of his official duties, pursuant to N.J.S.A. 40A:14-155, and that the court's findings of fact and conclusions ... 155 (App. Div.), certif. denied , 40 N.J. 221 (1963)). N.J.S.A. 40A:14-155 provides in relevant part: Whenever a member or officer of ... to the charges took place." Id. at 185-86 (quoting N.J.S.A. 40A:14-155). The State's failure to prove criminal conduct beyond a ... 82. Plaintiff's assertion that the purposes and history of N.J.S.A. 40A:14-155 support his claim for reimbursement is unpersuasive. A two- ...

docket:	a1009-13
court:	NJ Superior Court Appellate Division
decided:	2015-01-29
status:	unpublished
citation:
Document Size:	17888

21 RONALD M. JOHNSTONE v. THE TOWN OF KEARNY, -- rank: 452

... a multi-count federal indictment. Plaintiff's claim arises under N.J.S.A. 40A:14-155, which provides:             Whenever a member or officer of a municipal ... trial, he or she is not entitled to reimbursement under N.J.S.A. 40A:14-155. The propriety of joinder is to be resolved in the ... 155 N.J. 1 , 7 8 (1998). The amendments to N.J.S.A. 40A:14-155 which followed the decision in Babli did not address the ... even though he might not satisfy the criteria embodied in N.J.S.A. 40A:14-155. Oches , supra , at 8-13. This case involves neither an ...

docket:	a6275-98
court:	njappellate
decided:	2000-06-30
status:	published
citation:	332 N.J.Super. 606
Document Size:	11709

22 SGT. GARY EMENECKER v. CITY OF CAMDEN -- rank: 445

... 2010 order, plaintiff moved for counsel fees and costs under N.J.S.A. 40A:14-155. Defendants opposed the application and on September 16, 2010, the ... successful party, he was entitled to attorney's fees under N.J.S.A. 40A:14-155 and the collective bargaining agreement. Defendant cross appeals, challenging the ... for them." Mason , supra , 196 N.J. at 70. Under N.J.S.A. 40A:14-155 "[i]f any such disciplinary or criminal proceeding instituted by ... requires as a prerequisite for reimbursement of fees and costs. N.J.S.A. 40A:14-155. Rather, the penalty imposed by defendants was vacated and the ...

docket:	a1087-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-07
status:	unpublished
citation:
Document Size:	31692

23 DANIEL CREANGE v. BOROUGH OF BOGOTA -- rank: 441

... of his official duties" thus warranting attorneys' fees pursuant to N.J.S.A. 40A:14-155. The Court also finds that a fact determination must be ... plaintiff's application for counsel fees and costs pursuant to N.J.S.A. 40A:14-155. The court's judgment was supported by a memorandum of ...

docket:	a1157-10
court:	NJ Superior Court Appellate Division
decided:	2013-01-18
status:	unpublished
citation:
Document Size:	56378

24 MICHAEL D. BOZARTH v. BOROUGH OF GLASSBORO -- rank: 434

... is not entitled to fees and accumulated leave pursuant to N.J.S.A. 40A:14-155. Accordingly, we reverse the orders of the Law Division of ...

docket:	a5483-14
court:	NJ Superior Court Appellate Division
decided:	2016-11-07
status:	unpublished
citation:
Document Size:	51491

25 PTL. CHRISTOPHER MONEK v. BOROUGH OF SOUTH RIVER -- rank: 418

... 4:69-6(a), and that reimbursement was precluded by N.J.S.A. 40A:14-155, because Monek's conduct did not arise out of and ... Monek with second- degree official misconduct for committing aggravated assault, N.J.S.A. 40A:14-155.     The pertinent prerogative writs rule also states that a "court ... J. Super. 177 , 182 (App. Div. 1993), we noted that N.J.S.A. 40A:14-155 was amended in 1986. ( L. 1985, c. 457 §1). Before ...

docket:	a3645-00
court:	njappellate
decided:	2002-10-21
status:	published
citation:	354 N.J. Super. 442
Document Size:	28603

26 BRIAN GREEN v. TOWNSHIP OF DEPTFORD -- rank: 371

... of police powers in furtherance of official duties[,]" pursuant to N.J.S.A. 40A:14-155, and the Township never approved plaintiff's retention of private ... of police powers in the furtherance of those official duties. N.J.S.A. 40A:14-155. The criminal conduct at issue here stemmed from an interview ... and Municipal Government Committee Statement to the 1986 amendment to N.J.S.A. 40A:14-155, expressing the Legislature's intent to "eliminate the coverage of ...

docket:	a1672-09
court:	NJ Superior Court Appellate Division
decided:	2011-07-21
status:	unpublished
citation:
Document Size:	13987

27 IN THE MATTER OF REQUEST FOR DEFENSE AND INDEMNIFICATION IN JAMES BAYLISS v. NEW JERSEY STATE POLICE TROOPER R. WAMBOLD JR. -- rank: 371

... 1999 and relating to NJSP officers, is clearly based on N.J.S.A. 40A:14-155, enacted in 1985 and relating to municipal police officers. Both ... by the appointing authority or resulting from a criminal complaint. N.J.S.A. 40A:14-155; N.J.S.A. 53:1-30. The TCA and ...

docket:	a6043-11
court:	New Jersey Superior Court Appellate Division
decided:	2015-06-17
status:	Published
citation:
Document Size:	43298

28 McCurrie v. Town of Kearny -- rank: 371

... relied on identical language used by the 1986 amendment of N.J.S.A. 40A:14-155, which, in respect of disciplinary proceedings and criminal actions against ... or incidental" to the performance of police duties. Noting that N.J.S.A. 40A:14-155 typically is construed narrowly to effectuate the "directly related" limitation ...

docket:	a-72-01
court:	njsupreme
decided:	2002-11-20
status:
citation:	174 N.J. 523
Document Size:	32415

29 MICHAEL O'ROURKE v. CITY OF LAMBERTVILLE -- rank: 368

... costs associated with representing [plaintiff] in this matter pursuant to N.J.S.A. 40A:14-155[.]" Defendants filed a notice of appeal on September 27, 2008 ...

docket:	a0481-07
court:	NJ Superior Court Appellate Division
decided:	2008-10-31
status:	published
citation:	405 N.J.Super. 8 963 A.2d 339
Document Size:	66604

30 CITY OF ELIZABETH et al. v. SERGEANT JOHN GUSLAVAGE -- rank: 350

... between the City and the Superior Officer's Association and N.J.S.A. 40A:14-155. The parties agreed that the hearing officer should decide the ... purposes, render them the same charges. He concluded that, under N.J.S.A. 40A:14-155, defendant was entitled to counsel fees and costs. Noting that ... defendant is not entitled to counsel fees and costs under N.J.S.A. 40A:14-155 and the collective bargaining agreement. Finally, plaintiffs contend that the ...

docket:	A2423-05
court:	NJ Superior Court Appellate Division
decided:	2006-11-29
status:	unpublished
citation:
Document Size:	24865