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1021 STATE OF NEW JERSEY v. JAMES BUCKNER -- rank: 841

... end, the Legislature has enacted the "Judicial Retirement System Act," N.J.S.A. 43:6A-1 to -46, which governs judicial pensions, and ... judges who have reached seventy years "shall be retired forthwith." N.J.S.A. 43:6A-7. This case presents a challenge to the constitutionality of N.J.S.A. 43:6A-13(b), which authorizes the New Jersey Supreme ... they do not conflict with the practice legislatively prescribed in N.J.S.A. 43:6A-13(b). I. Development of Constitutional Provision To ... retirement at age seventy. L. 1948, c. 391 (codified at N.J.S.A. 43:6-6.4 to -6.10 (now repealed)). There ... In 1973, the Legislature enacted the "Judicial Retirement System Act," N.J.S.A. 43:6A-1 to -46. L. 1973, c. 140. ...

docket:	a0630-12
court:	NJ Superior Court Appellate Division
decided:	2014-05-05
status:	published
citation:	437 N.J.Super. 8 96 A.3d 261
Document Size:	151235

1022 DIVISION OF YOUTH AND FAMILY SERVICES v. K.C -- rank: 841

... ascertain whether the evidence fulfills the best interests standard of N.J.S.A. 30:4C:15.1(a)." In re D.M.H ... itself, does not constitute a harm to the child under N.J.S.A. 30:4C:15.1(a)(1)." Id. at 349. Fur ... the surgery. The Dodd Act, as amended, is found at N.J.S.A. 9:6-8.21 to -8.82. K.C.'s ...

docket:	a1881-07
court:	NJ Superior Court Appellate Division
decided:	2008-10-24
status:	unpublished
citation:
Document Size:	153476

1023 STATE OF NEW JERSEY , v. MICHELLE LODZINSKI -- rank: 841

... United States v. Booker, 543 U.S. 220, 230 (2005)). N.J.S.A. 2C:1-13(a) codifies this constitutional requirement and provides ... the defendant is assumed.' To convict defendant of murder under N.J.S.A. 2C:11-3(a)(1) and (2), the State was ... Knowing,' 'with knowledge' or equivalent terms have the same meaning. [ N.J.S.A. 2C:2-2(b)(1) and (2) (emphases added).] As ... actor's liability or on the gravity of his offense. [ N.J.S.A. 2C:2-3(a)(1) and (b).] A-2118-16T2 ... b . . . .' Cannel, N.J. Criminal Code Annotated, cmt. 2 on N.J.S.A. 2C:2-3 (2019). The State establishes 'but-for' causation ... State v. Buckley, 216 N.J. 249, 263 (2013) (citing N.J.S.A. 2C:2-3(a)). 3 Defendant's essential argument ...

docket:	a2118-16
court:	NJ Superior Court Appellate Division
decided:	2021-05-26
status:	Published
citation:
Document Size:	62339

1024 STATE OF NEW JERSEY v. TONIJAH CRISS -- rank: 841

... nine, ten and eleven with count one, second-degree racketeering, N.J.S.A. 2C:41-2. On that count, Eric was sentenced to ... parole. On count two, second-degree leader of organized crime, N.J.S.A. 2C:5-2(g), ten years, to run consecutively with ... on count one; on count four, second-degree money laundering, N.J.S.A. 2C:21-25(b), ten years, three years to be ... on count six, failure to file an income tax report, N.J.S.A. 54:52-8, four years, concurrent to counts one and ... on count eight, second-degree manufacturing of false government documents, N.J.S.A. 2C:21-2.1(b), eight years concurrent to counts ... on count 403, fourth-degree possession of false government documents, N.J.S.A. 2C:21-2.1(d), one year concurrent to ...

docket:	a4145-10
court:	NJ Superior Court Appellate Division
decided:	2015-03-03
status:	unpublished
citation:
Document Size:	288683

1025 I/M/O TOWN OF HARRISON AND FRATERNAL ORDER OF POLICE -- rank: 841

... into by appellants were creditable compensation for pension purposes under N.J.S.A. 43:16A-1(26)(a). Thus, to be clear, we ... collective bargaining agreements constitute creditable compensation benefits as defined in N.J.S.A. 43:16A-1(26)(a) or N.J.A.C ... Legislature in the Police and Firemen's Retirement System Act, N.J.S.A. 43:16A-1 to -68, and the regulations promulgated by ... and "responsibility for the proper operation of the retirement system." N.J.S.A. 43:16A-13(a)(1). Although the Division of Pensions ... as "a labor organization and representative within the meaning of N.J.S.A. 34:13A-3 ( e )." This appellant represents all uniformed officers ... in anticipation of the member's retirement," in violation of N.J.S.A. 43:16A-1(26)(a). As was the case ...

docket:	a0083-11
court:	NJ Superior Court Appellate Division
decided:	2015-04-15
status:	published
citation:
Document Size:	137876

1026 STATE OF NEW JERSEY v. AQUIL MALIK -- rank: 841

... his conviction by jury of first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(7) (count two) for which he ... year term subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2; convictions for first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(5) (count one) and second-degree sexual assault, N.J.S.A. 2C:14-2(c)(1) (count four) were merged into ... three charging second-degree conspiracy to commit aggravated sexual assault, N.J.S.A. 2C:5-2; N.J.S.A. 14-2(a)(5), was dismissed at the State' ...

docket:	a2683-16
court:	NJ Superior Court Appellate Division
decided:	2018-12-10
status:	Unpublished
citation:
Document Size:	70493

1027 HARRISON REDEVELOPMENT AGENCY v. ANTHONY J. DEROSE -- rank: 841

... body, pursuant to the Local Redevelopment and Housing Law ("LRHL"), N.J.S.A. 40A:12A-1 to -49, may still challenge, in full ... of the LRHL with those of the Eminent Domain Act, N.J.S.A. 20:3-1 to -50, and our Rules of Court ... qualified as an "area in need of redevelopment," pursuant to N.J.S.A. 40A:12A-6, on August 7, 1997. The notice was ... to Section 6 of the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq. The purpose of the hearing ... the Gruel Report] is a redevelopment area in accordance with N.J.S.A. 40A:12A-5 and that it be approved as such ... meets the criteria for designation as a 'redevelopment area' under N.J.S.A 40:12A-5." Relying upon the findings in the ...

docket:	A0382-07
court:	NJ Superior Court Appellate Division
decided:	2008-02-25
status:	published
citation:
Document Size:	205498

1028 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. N.T.S. -- rank: 841

... Division proved all four prongs of the best interests test, N.J.S.A. 30:4C-15.1(a), by clear and convincing evidence ... a "creative challenging way." He rejected Kinship Legal Guardianship (KLG), N.J.S.A. 3B:12A-1 to -7, as a viable placement plan ... PROOF AS TO THE FIRST, THIRD AND FOURTH PRONGS OF N.J.S.A. 30:4C-15.1(a). A. [N.T.S.] HAS NOT HARMED HIS CHILD WITHIN THE MEANING OF N.J.S.A. 30:4C- 15.1a(1) AND THE TRIAL COURT IMPERMISSIBLY ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These criteria are neither separate ... the best interests of the child remains the ultimate consideration. N.J.S.A. 30:4C-15-1(a). The standards governing the ...

docket:	a3442-11
court:	NJ Superior Court Appellate Division
decided:	2013-03-22
status:	unpublished
citation:
Document Size:	44690

1029 Thomas DeMarco v. Sean Robert Stoddard, D.P.M. -- rank: 841

... § 1 (physicians); L. 1997, c. 365, § 2 (podiatrists). N.J.S.A. 45:5-5.3, which codified L. 1997, c. 365 ... 2004 , the Legislature amended L. 1997, c. 365, § 1. N.J.S.A. 45:9-19.17; L. 2004, c. 17, § 25 ... N.J.A.C. 13:35-6.18. In addition, N.J.S.A. 45:9-19.17 requires physicians to maintain an insurance ... medical malpractice liability insurance policies in this State,” but N.J.S.A. 45:5-5.3 does not include a similar requirement ... omitted). In order to preserve the benefits of that insurance, N.J.S.A. 39:6-48(a) provides that an automobile liability policy ... obtain automobile liability insurance acquires uninsured and underinsured motorist coverage. N.J.S.A. 17:28-1.1(b). Such coverage ameliorates the ...

docket:	A-104-13
court:	NJ Supreme Court
decided:	2015-12-01
status:
citation:	219 N.J. 131 97 A.3d 663
Document Size:	148694

1030 State v. Winston Roach -- rank: 841

... proper procedures and standards in imposing consecutive, not concurrent, sentences. N.J.S.A. 2C:44-5a. Consecutive sentences are not an abuse of ... murder convictions result in mandated sentences of thirty-years imprisonment. N.J.S.A. 2C:11-3b. ����We thus conclude that the sentences imposed ... sentence for felony murder is thirty years without parole eligibility. N.J.S.A. 2C:11-3b. Although the maximum sentence under that statute ... to life, a thirty-year term of parole ineligibility under N.J.S.A. 2C:11-3b is required. Further, a judge may not ...

docket:	a-112-95
court:	njsupreme
decided:	1996-08-07
status:
citation:	146 N.J. 208
Document Size:	76293

1031 STATE OF NEW JERSEY v. LISANDRO THEN-MENDEZ -- rank: 841

... the following offenses: second-degree aggravated assault on Suquan McDonald, N.J.S.A. 2C:12-1b(1) and N.J.S.A. 2C:2-6 (count one); second-degree aggravated assault on Alex Perez, N.J.S.A. 2C:12-1b(1) and N.J.S.A. 2C:2-6 (count two); and third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4d (count three). The indictment charged Then, individually, with third-degree hindering apprehension, N.J.S.A. 2C:29-3a(3) and N.J.S.A. ...

docket:	a1790-06
court:	New Jersey Superior Court Appellate Division
decided:	2009-03-31
status:	Published
citation:
Document Size:	112464

1032 /usr/local/share/www/libweb/collections/courts/appellate/a5386-17.opn.html -- rank: 841

... possess a controlled dangerous substance (CDS) with intent to distribute, N.J.S.A. 2C:5-2(a)(1), N.J.S.A. 2C:35-5(a)(1), and N.J.S.A. 2C:35-5(b)(3); and third-degree possession of CDS with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(3). We affirm. On March 28 ... with intent to distribute on April 4, 2016, contrary to N.J.S.A. 2C:5-2(a)(1), N.J.S.A. ...

docket:
court:
decided:
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Document Size:	104398

1033 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. M.C. -- rank: 841

... order. DYFS effectuated an emergent removal of Andrea, pursuant to N.J.S.A. 9:6-8.28, and placed her in foster care ... satisfy the definition of an "[a]bused or neglected child." N.J.S.A. 9:6-8.21(c)(4)(b) defines an abused ... reasonable efforts to reunite Andrea with Matthew. DYFS relied on N.J.S.A. 30:4C-11.3(c), which provides that DYFS "shall ... were brought in the Family Part pursuant to Title Nine, N.J.S.A. 9:6-1 to -8.73, which is concerned with ... noncriminal proceedings involving alleged cases of child abuse or neglect." N.J.S.A. 9:6-8.22. In such actions, "the safety of ... concern of the Division is the safety of our children.� N.J.S.A. 9:6-8.8(a). A "parent or guardian" ...

docket:	a2030-09
court:	superior court appellate division
decided:	2010-11-22
status:	unpublished
citation:
Document Size:	101585

1034 STATE OF NEW JERSEY v. BARRY BERRY, -- rank: 841

... and convicted with being leaders of a narcotics trafficking network, N.J.S.A. 2C:35-3, which is commonly referred to as the ... seven counts: first-degree leader of a narcotics trafficking network, N.J.S.A. 2C:35-3 (Count One); third-degree conspiracy to distribute controlled dangerous substances (CDS), N.J.S.A. 2C:5-2 and N.J.S.A. 2C:35-5 (Count Two); third-degree possession of heroin, N.J.S.A. 2C:35-10(a) (Count Three); third-degree possession of heroin with intent to distribute, N.J.S.A. A-1068-18 8 2C:35-5(a)(1) ...

docket:	a1068-18
court:	NJ Superior Court Appellate Division
decided:	2022-03-07
status:	Published
citation:
Document Size:	131394

1035 IMO OF THE GRANT OF THE CHARTER SCHOOL APPLICATION OF ENGLEWOOD, ET ALS -- rank: 841

... various aspects of the Charter School Program Act of 1995; N.J.S.A. 18A:36A-1 to -18; L. 1995, c. 426 (Act ... approval to the State Board of Education, as permitted by N.J.S.A. 18A:36A-4d. Englewood contended in part that the charter ... were violative of the statutory prohibition against "unfunded mandates." See N.J.S.A. 52:13H-1 to -20. C. The Franklin Township Appeal ... 245 (App. Div. 1998), interpreting one section of the act, N.J.S.A. 18A:36A-10, use of public funds to construct a ... three appeals. B.����The Charter School Program Act of 1995, ���� N.J.S.A. 18A:36A-1 to -18 ����The desirability of a charter ... State to encourage and facilitate the development of charter schools. ��������[ N.J.S.A. 18A:36A-2.] ����The Act empowers the Commissioner of ...

docket:	a4697-97
court:	njappellate
decided:	1999-03-29
status:	published
citation:	320 N.J.Super. 174
Document Size:	146592