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1051 NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION v. RADIATION DATA, INC -- rank: 841

... rulemaking process as prescribed by the Administrative Procedure Act ('APA'), N.J.S.A. 52:14B-1 to -15. Among other things, RDI contends ... 4 the Radiation Protection Act (the 'RPA' or the 'Act'), N.J.S.A. 26:2D-1 to -89. See S. Energy and Env ... buildings from, the presence of radon gas and radon progeny.' N.J.S.A. 26:2D-70, -71. The RPA forbids uncertified persons from ... they own or are performing a radon test without remuneration. N.J.S.A. 26:2D-72. The statute also requires certified persons to ... disclose the results of the tests performed to the DEP. N.J.S.A. 26:2D-74. The Act includes a confidentiality provision barring ... outside of the DEP, and the State Department of Health. N.J.S.A. 26:2D-73.2 Notably for this appeal, the ...

docket:	a1777-17
court:	NJ Superior Court Appellate Division
decided:	2018-11-02
status:	Unpublished
citation:
Document Size:	84245

1052 STATE OF NEW JERSEY v. DANIEL A. BORJAS -- rank: 841

... D. This appeal concerns the constitutionality of certain provisions within N.J.S.A. 2C:21-2.1, a criminal statute that enumerates various ... false governmental documents, which are second-degree offenses proscribed by N.J.S.A. 2C:21-2.1(b). The jury also found defendant ... false governmental documents, which are fourth-degree offenses proscribed by N.J.S.A. 2C:21-2.1(d). The false documents in question ... contends that these provisions in subsections (b) and (d) of N.J.S.A. 2C:21-2.1 are unconstitutional, both on their face ... his sentence in all respects. I. The two portions of N.J.S.A. 2C:21-2.1 at issue in this case, specifically ... information is guilty of a crime of the fourth degree. . . . [ N.J.S.A. 2C:21-2.1 (emphasis added).] The indictment against ...

docket:	a6292-11
court:	NJ Superior Court Appellate Division
decided:	2014-07-08
status:	unpublished
citation:	436 N.J.Super. 375 94 A.3d 319
Document Size:	90047

1053 VNO 1105 STATE HWY 36 L.L.C., %STOP SHOP v. TOWNSHIP OF HAZLET -- rank: 841

... assessors are not typical municipal officials. Although municipalities appoint them, N.J.S.A. 40A:9-146, county tax administrators direct them, A-5070-18 2 N.J.S.A. 54:3-16, county tax boards revise and correct their work, N.J.S.A. 54:4-46 to -48, and the State Division of Taxation's Director certifies, regulates, investigates, and removes them, N.J.S.A. 54:1-25, -35.25, -35.29, -36, -37. Yet ... full and fair value' of property in their taxing district, N.J.S.A. 54:4-23. In doing so, they also perform 'quasi ... the township's assessor position. His four-year term under N.J.S.A. 40A:9-148 started July 1, 2018. Notwithstanding his ...

docket:	a5070-18
court:	NJ Superior Court Appellate Division
decided:	2020-02-24
status:	Unpublished
citation:
Document Size:	55878

1054 STATE OF NEW JERSEY v. JAMIE SPARKS -- rank: 841

... 1981 with second-degree conspiracy to commit burglary pursuant to N.J.S.A. 2C:5-2 and N.J.S.A. 2C:18-2 (count one); second-degree burglary pursuant to N.J.S.A. 2C:18-2(b)(1) (count two); two counts of ... robbery against M.M. and J.R., respectively, pursuant to N.J.S.A. 2C:15-1 (counts three, four); second-degree aggravated assault against J.R. pursuant to N.J.S.A. 2C:12-1(b)(1) (count five); first-degree murder of E.P. pursuant to N.J.S.A. 2C:11-3(a)(1) and (2) (count six); ...

docket:	a5388-11
court:	NJ Superior Court Appellate Division
decided:	2017-02-22
status:	unpublished
citation:
Document Size:	92644

1055 Jamgochian v. New Jersey State Parole Board -- rank: 841

... by defendants convicted of serious sexual offenses.” In 1998, N.J.S.A. 2C:43-6.4(b) provided that “[p]ersons ... In 1998, Jamgochian pled guilty to second-degree sexual assault, N.J.S.A. 2C:14-2(c)(1), and second-degree possession of a weapon by a convicted person, N.J.S.A. 2C:39-7(b)(1). The sexual crime involved Jamgochian ... ordered to comply with the requirements of Megan’s Law, N.J.S.A. 2C:7-2, and community supervision for life, N.J.S.A. 2C:43-6.4 (prior to 2003 amendment). 1 The ... at the completion of his four-year term of imprisonment. N.J.S.A. 2C:43-6.4(a) and (b) (prior to ...

docket:	a-63-07
court:
decided:	2008-08-06
status:
citation:	196 N.J. 222
Document Size:	127522

1056 CITY OF LONG BRANCH v. MARY MILANO -- rank: 841

... the City, appointing condemnation commissioners. The City found, pursuant to N.J.S.A. 40A:12A-5(a), (c), (d) and (e), that the ... the purpose of redevelopment. Gallenthin involved only a finding under N.J.S.A. 40A:12A-5(e), but in our view its analysis ... that basis, the study concluded that Oceanfront North satisfied the N.J.S.A. 40A:12A-5(a) redevelopment criterion that "[t]he generality ... extensiveness of vacant land was consistent with the criterion in N.J.S.A. 40A:12A-5(c) that land be unamenable to private ... the property's remoteness, topography, or soil conditions. For the N.J.S.A. 40A:12A-5(d) criterion of conditions that are "detrimental ... way caused by them. The final statutory criterion was in N.J.S.A. 40A:12A-5(e), a growing or total lack ...

docket:	a0198-06
court:	New Jersey Superior Court Appellate Division
decided:	2008-08-07
status:	unpublished
citation:
Document Size:	158227

1057 DOVER-CHESTER ASSOCIATES Block 47, Lots 51 and 53 v. RANDOLPH TOWNSHIP RANDOLPH TOWN CENTER ASSOCIATES, L.P Block 224, Lots 1, 4 83, 84 85, 86 v. RANDOLPH TOWNSHIP and -- rank: 841

... of the "interests of justice" relaxation of the requirement in N.J.S.A. 54:51A-1(b) that a taxpayer be current in ... appeal for nonpayment of taxes, relying upon an inapplicable statute, N.J.S.A. 54:3-27, and the appeal was dismissed by the ... and differs slightly depending upon the nature of the appeal. N.J.S.A. 54:3-27 applies to direct appeals to the Tax ... for the current tax year in the manner prescribed in [ N.J.S.A. ] 54:4-66. It is undisputed that the appeals here are governed by N.J.S.A. 54:51A-1(b), which applies to appeals from the ... an adjudicatory proceeding at the county board, is required by N.J.S.A. 54:3-27 to become current by paying all ...

docket:	a3446-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-20
status:	published
citation:	419 N.J.Super. 184 16 A.3d 467
Document Size:	58469

1058 Lourdes Medical Center of Burlington County v. Board of Review -- rank: 841

... hospital procedures. The appeals examiner looked to the governing statute N.J.S.A. 43:21-1 to -24.30; (2) misapprehends the import of the disqualification provisions of that Law, N.J.S.A . 43:21-5(d); and (3) ignores stark economic reality ... Center of Burlington County (Lourdes), were entitled to unemployment benefits. N.J.S.A. 43:21-5 provides that striking workers are entitled to ... the striking workers. That undertaking requires that we first construe N.J.S.A. 43:21-5 states that [a]n individual shall be ... premises at which the individual is or was last employed. [ N.J.S.A. 43:21-5 (emphasis added).] It has been long accepted ... State library. N.J. State Library, Legislative History Checklist for N.J.S.A. 43:21-5a 1 (1957). We know, however, that ...

docket:	a-70-07
court:
decided:	2009-01-27
status:
citation:	197 N.J. 325 963 A.2d 281
Document Size:	130375

1059 /usr/local/share/www/libweb/collections/courts/appellate/a2610-17.opn.html -- rank: 841

... her with fourth- degree assault by auto (the injured officer), N.J.S.A. 2C:12-1(c)(1); third-degree assault by auto (the injured officer), N.J.S.A. 2C:12-1(c)(2); and three counts of second ... the welfare of a child (one count for each child), N.J.S.A. 2C:24-4(a). The State presented one witness to ... thereafter applied for admission to the pretrial intervention (PTI) program. N.J.S.A. 2C:43-12; R. 3:28-1 to -10. On ... two new counts: second-degree aggravated assault (the injured officer), N.J.S.A. 2C:12- 1(b)(1); and second-degree aggravated assault (the injured child), N.J.S.A. 2C:12-1(b)(1). The new charges made ...

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1060 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. G.S. -- rank: 841

... care, custody, and supervision of the children under Title Nine, N.J.S.A. 9:6-8.21 to -8.73 (regarding abuse and neglect), and also under Title Thirty, N.J.S.A. 30:4C-12 (regarding the care and supervision of children ... court for the provision of substance abuse services pursuant to N.J.S.A. 30:4C-12. G.S. singularly was ordered to engage ... hearing was scheduled before the Family Part in accordance with N.J.S.A. 30:4C-61.2(a)(2). The Division requested that ... Kinship Legal Guardianship ("KLG") with the maternal aunt pursuant to N.J.S.A. 30:4C-90. The staff attorney for G.S. represented ... 1 of the State Constitution, and a statutory right under N.J.S.A. 9:6-8.43(a), 9:6-8.30( ...

docket:	a5222-15
court:	NJ Superior Court Appellate Division
decided:	2016-11-22
status:	published
citation:	447 N.J.Super. 539 149 A.3d 816
Document Size:	143656

1061 MCCARTER ENGLISH, LLP v. MOERAE MATRIX, INC -- rank: 841

... based on plaintiff's receipt of collateral payments pursuant to N.J.S.A. 2A:15-97. Therefore, we reject defendant's argument the ... liens arguably may be distinguished from the New Jersey statute, N.J.S.A. 2A:13-5. A-3775-19 37 was therefore proper ...

docket:	a3775-19
court:	NJ Superior Court Appellate Division
decided:	2021-07-27
status:	Unpublished
citation:
Document Size:	74127

1062 STATE OF NEW JERSEY v. R.B -- rank: 841

... charged in an indictment2 with first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a) (count one); second-degree sexual assault, N.J.S.A. 2C:14-2(b) (count two); second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a) (count three); fourth-degree child abuse, N.J.S.A. 9:6-1 (count four); first-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(b)(3) (count five); fourth- degree child abuse, N.J.S.A. 9:6-1 (count six); third-degree distribution of ...

docket:	a0736-15
court:	NJ Superior Court Appellate Division
decided:	2018-01-10
status:	unpublished
citation:
Document Size:	105438

1063 STATE OF NEW JERSEY v. OMAR SHAHEER THOMAS -- rank: 841

... following offenses: count one, murder of Jeffrey Eresman, contrary to N.J.S.A. 2C:11-3(a)(1) and (2); count two, felony murder of Jeffrey Eresman, contrary to N.J.S.A. 2C:11-3(a)(3); count three, murder of Erik Rewoldt, contrary to N.J.S.A. 2C:11-3(a)(1) and (2); count four, felony murder of Erik Rewoldt, contrary to N.J.S.A. 2C:11-3(a)(3); count five, armed robbery, contrary to N.J.S.A. 2C:15-1(a)(1); count six, possession of a weapon for an unlawful purpose, contrary to N.J.S.A. 2C:39-4(a); count seven, unlawful possession of ...

docket:	a3347-08
court:	NJ Superior Court Appellate Division
decided:	2013-04-19
status:	unpublished
citation:
Document Size:	173805

1064 DIVISION OF YOUTH AND FAMILY SERVICES v. V.M. and B.G. -- rank: 841

... we conclude that DYFS did not establish the statutory criteria, N.J.S.A. 30:4C-15.1a, by clear and convincing evidence. Accordingly ... the best interests of the child test set forth at N.J.S.A. 30:4C-15.1a, but that prongs two and four ... 2009). DYFS must prove each of the four prongs in N.J.S.A. 30:4C-15.1a, set forth infra , by clear and ... failed to establish each of the four statutory elements of N.J.S.A. 30:4C-15.1a by clear and convincing evidence. The ... s refusal to consent to a c-section. Consistent with N.J.S.A. 30:4C-15.1a, DYFS can initiate a petition to ... found that the filing of a guardianship complaint pursuant to N.J.S.A. 30:4C-15(c), regarding the "best interests of ...

docket:	a3342-08
court:	New Jersey Superior Court Appellate Division
decided:	2010-08-06
status:	Published
citation:
Document Size:	150349

1065 CHASE BANK USA, N.A v. JENNIFER STAFFENBERG -- rank: 841

... were awarded as taxed costs to the creditor pursuant to N.J.S.A. 22A:2-42. The debtor argues that such counsel fees ... support of her argument, the debtor invokes two other statutes, N.J.S.A. 17:3B-40 and N.J.S.A. 17:16C-42(d), which preclude the recovery of counsel ... recoverable in the Special Civil Part as taxed costs under N.J.S.A. 22A:2-42. The trial court rejected the debtor's ... sum computed in accordance with the formula set forth in N.J.S.A. 22A:2-42. The first paragraph of N.J.S.A. 22A:2-42 authorizes a five percent award of ...

docket:	a4488-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-11
status:	published
citation:	419 N.J. Super. 386 17 A.3d 239
Document Size:	83732