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1066 /usr/local/share/www/libweb/collections/courts/appellate/a6364-11xx.opn.html -- 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 ...

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court:	NJ Superior Court Law/Chancery Division
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1067 STATE OF NEW JERSEY v. NATHANIEL SMITH -- rank: 841

... Smith was convicted of conspiracy to commit armed burglary/robbery, N.J.S.A. 2C:5-2 (count one); first-degree felony murder, N.J.S.A. 2C:39-5b (count six); and second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4a (count seven). He was acquitted of first-degree murder, N.J.S.A. 2C:15-1 (count four); and second-degree armed burglary, N.J.S.A. 2C:18-2 (count five). Defendant moved to set aside ... be charged with both theories." Cannel, supra , comment 7 on N.J.S.A. 2C:2-6c (citing Roach , supra , 146 N.J. ...

docket:	a3701-08
court:	superior court appellate division
decided:	2010-07-14
status:	unpublished
citation:
Document Size:	128575

1068 S.L.W. v. New Jersey Division of Pensions and Benefits -- rank: 841

... and widowed spouses are eligible to receive survivor benefits under N.J.S.A. 43:16A-12.1. S.L.W., an adult woman ... L.W. did not qualify as a “child” under N.J.S.A. 43:16A-1(21)(d), granted the Division’s motion ... emancipation did not disqualify her as a “child” under N.J.S.A. 43:16A-1(21)(d). The Court granted S.L ... than 12 months, as affirmed by the medical board.” N.J.S.A. 43:16A-1(21)(d). The PFRS statute includes an ... regulations necessary to accomplish the purposes of this act.” N.J.S.A. 43:16A-16.16. One such enacted regulation provides: � ... Id. at 387. (p. 14) 3. The literal reading of N.J.S.A. 43:16A-1(21)(d) supports S.L.W. ...

docket:	a-32-18
court:	NJ Supreme Court
decided:	2019-06-24
status:
citation:	238 N.J. 385 210 A.3d 898
Document Size:	47093

1069 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:	a0208-11
court:	NJ Superior Court Appellate Division
decided:	2015-04-15
status:	published
citation:
Document Size:	137878

1070 Prioleau v. Kentucky Fried Chicken, Inc. -- rank: 841

... 250,000 in damages. Pursuant to the Comparative Negligence Act, N.J.S.A. 2A:15-5.2(d), the trial court molded the ...

docket:	A-99-13
court:	NJ Supreme Court
decided:	2015-09-28
status:
citation:	223 N.J. 245 122 A.3d 328
Document Size:	87484

1071 /usr/local/share/www/libweb/collections/courts/supreme/a1761-11.opn.html -- rank: 841

... pursuant to a plea agreement, for first-degree aggravated manslaughter, N.J.S.A. 2C:11-4(a)(1), as well as the resulting ... of parole ineligibility under the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. On April 11, 2011, defendant filed ... offense that, if committed by an adult, would constitute murder, N.J.S.A. 2C:11-3(a)(1),(2), and he was remanded ... March 27, 2008, defendant, represented by the same counsel, invoked N.J.S.A. 2A:4A-27 1 and elected to have the case ... to an accusation charging him with first-degree aggravated manslaughter, N.J.S.A. 2C:11-4(a)(1), in return for a sentence ... considered defendant's juvenile record, and finding aggravating factors under N.J.S.A. 2C:44-1(a)(3) (risk of committing another ...

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court:	NJ Superior Court Law/Chancery Division
decided:
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Document Size:	83918

1072 J and M Land Company v. First Union National Bank -- rank: 841

... limitations controls. 1. There are four relevant statutes of limitations. N.J.S.A. 2A:14-6 and -7 have been interpreted to mean ... actual title as distinguished from a mere right of entry. N.J.S.A. 2A:14-30 and -31 provide that possession for thirty ... between the two sets of statutes. The plain language of N.J.S.A. 2A:35-1 contains no specified time in which proceedings ... thereunder, its practical effect is to supercede those provisions in N.J.S.A. 2A:14-6 and -7 that create repose for common ... broadly, this appeal requires us to reconcile the meaning of N.J.S.A. 2A:14-6 and -7 with N.J.S.A. 2A:14-30 and N.J.S.A. 2A: ...

docket:	a-85-99
court:	njsupreme
decided:	2001-02-27
status:
citation:	166 N.J. 493
Document Size:	88811

1073 An Order to Show Cause to Address the Release of Certain Individuals Serving Sentences in State Prisons and Juvenile Facilities -- rank: 841

... empowered the Parole Board to make decisions about parole, see N.J.S.A. 30:4-123.45 to -123.76, and gave the Commissioner authority to decide whether to furlough inmates, see N.J.S.A. 30:4-91.3. Although a court rule authorizes judges ... over their cases and has the authority to modify dispositions. N.J.S.A. 2A:4A-43, -45. Those individuals may seek relief from ... of violent crimes subject to the No Early Release Act, N.J.S.A. 2C:43-7.2, other than second-degree robbery and ... list would exclude defendants convicted of a crime pursuant to N.J.S.A. 2C:11-3 (murder), 2C:11-4 (manslaughter), 2C:14 ... pursuant to the Civilian Defense and Disaster Control 10 Act, N.J.S.A. App. A:9-30 to -63, and the Emergency ...

docket:	m-1093-19
court:	NJ Supreme Court
decided:	2020-06-05
status:
citation:
Document Size:	87025

1074 A-0STATE OF NEW JERSEY v. BRANDON T. MORRISON July 24, 2015 -- rank: 841

... T. Morrison with official misconduct by a public servant under N.J.S.A. 2C:30-2(a). The trial court found he was not a "public servant" as defined by N.J.S.A. 2C:27-1(g). We affirm. I. The following facts ... grand jury indicted defendant with third-degree theft by deception, N.J.S.A. 2C:20-4(a)-(c); third-degree theft by computer, N.J.S.A. 2C:20-25(c); third-degree wrongful impersonation, N.J.S.A. 2C:21-17(a)(1), (4); third-degree misapplication of entrusted property, N.J.S.A. 2C:21-15; and second-degree official misconduct, N. ...

docket:	a0170-14
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	68529

1075 /usr/local/share/www/libweb/collections/courts/appellate/a3323-15.opn.html -- rank: 841

... as codified in the Fair Housing Act of 1985 (FHA), N.J.S.A. 52:27D-301 to -329; and (2) In re N ... reasonably likely to occur in a region or a municipality," N.J.S.A. 52:27D-304(j) — and following the Supreme Court ... The FHA required "reasonable fair share housing guidelines and standards." N.J.S.A. 52:27D-302(d). The FHA created COAH, N.J.S.A. 52:27D-305, which was designed to provide an administrative ... and determine municipal affordable housing obligations. Id. at 7 (citing N.J.S.A. 52:27D-305, -307). The FHA required COAH to enact ... available to municipalities in addressing the assigned obligation. Ibid. (citing N.J.S.A. 52:27D-307, -308). The criteria and guidelines that ...

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court:	NJ Superior Court Law/Chancery Division
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status:
citation:	446 N.J.Super. 259 141 A.3d 359
Document Size:	108019

1076 State v. Long -- rank: 841

... indicted for the murder of Tracey Roche, in violation of N.J. S.A. 2C:11-3, and for two counts of possession of a weapon for an unlawful purpose, in violation of N.J. S.A. 2C:39-4d. The State filed a motion in limine ...

docket:	a-26-01
court:	njsupreme
decided:	2002-07-15
status:
citation:	173 N.J. 138
Document Size:	97712

1077 /usr/local/share/www/libweb/collections/courts/appellate/a2640-17.opn.html -- rank: 841

... following offenses: first-degree leader of a narcotics trafficking network, N.J.S.A. 2C:35-3 (count one); first-degree possession of a controlled dangerous substance (CDS) with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(1) (count two); second-degree conspiracy, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:35-5(b)(1) (count three); first- degree maintaining or operating a CDS production facility, N.J.S.A. 2C:35- -4 (count four); eight counts of third- ...

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1078 STATE OF NEW JERSEY v. K.C -- rank: 841

... for violating a condition of Community Supervision for Life (CSL), N.J.S.A. 2C:43-6.4(d).1 Defendant is on CSL ... role of the trier of fact in a prosecution under N.J.S.A. 2C:43-6.4(d) is to determine if defendant ... a jury found defendant guilty of second-degree sexual assault, N.J.S.A. 2C:14-2(b), and second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a). Defendant was sentenced to concurrent seven ... with all provisions of Megan's Law,2 including CSL, N.J.S.A. 2C:43-6.4.3 We affirmed defendant's 2 N.J.S.A. 2C:7-1 to -23. 3 The trial court ...

docket:	a2253-19
court:	NJ Superior Court Appellate Division
decided:	2022-05-02
status:	Unpublished
citation:
Document Size:	76176

1079 State v. Bennie Anderson -- rank: 841

... compel the total forfeiture of defendant’s pension pursuant to N.J.S.A. 43:1-3.1. The trial court entered summary judgment ... 288 (2020). HELD: The forfeiture of defendant’s pension under N.J.S.A. 43:1-3.1 does not constitute a fine for ... 78. (pp. 17-18) 3. In 2007, the Legislature added N.J.S.A. 43:1-3.1 -- the statute pursuant to which the State seeks forfeiture of defendant’s pension. N.J.S.A. 43:1-3.1(a) provides that a public employee ... of the pension or retirement benefit earned.” (emphasis added). N.J.S.A. 43:1-3.1 was in effect in 2012 when ... s offense occurred. Also in effect at that time was N.J.S.A. 43:1-3(a), which provides that “[t] ...

docket:	a-15-16-20
court:	NJ Supreme Court
decided:	2021-08-11
status:
citation:
Document Size:	80979

1080 DIVISION OF YOUTH AND FAMILY SERVICES v. K.A.J. and J.R.B IN THE MATTER OF THE GUARDIANSHIP OF T.J.B. AND J.N.B Minors -- rank: 841

... court's holding in A.W. , codifying the standard at N.J.S.A. 30:4C-15.1(a). See L. 1991, c. 275 ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These four factors are not ... or will continue to be endangered by the parental relationship." N.J.S.A. 30:4C-15.1(a)(1). "The harm shown . . . must ... serious and enduring emotional or psychological harm to the child." N.J.S.A. 30:4C-15.1(a)(2). The second prong focuses ... necessitated removal and placement of the child in foster case. N.J.S.A. 30:4C-15.1(a)(3); K.H.O. , supra ... the family of the child's progress, and visitation facilitation. N.J.S.A. 30:4C-15.1(c). Those efforts depend upon ...

docket:	a3943-09
court:	NJ Superior Court Appellate Division
decided:	2011-11-03
status:	unpublished
citation:
Document Size:	77726