Search Rutgers Law Library N.J. Court Opinions

1216 /usr/local/share/www/libweb/collections/courts/appellate/a2762-12a2874-12a0437-13a0438-13.opn.html -- rank: 839

... 9 abuse and neglect complaint against Thomas and Mary. See N.J.S.A. 9:6-1 to 8.106. Cassandra was born after the Division filed Title 30 guardianship proceedings. See N.J.S.A. 30:4C-1 to -92. Additionally, Mary has a fifth ... under the Interstate Compact on the Placement of Children (ICPC), N.J.S.A. 9:23-5. Had Virginia been notified that the placement ... of the best interests of the child test found in N.J.S.A. 30:4C-15.1. The judge opined that the parental ... prongs of the best interests of the child test. See N.J.S.A. 30:4C-15.1(a). They counter that the abuse ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These prongs are not ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	122089

1217 JEANNETTE LEWIS v. AIRCO, INC. -- rank: 839

Original Wordprocessor Version (NOTE: The status of this decision is Unpublished .) NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3509-08T3 JEANNETTE LEWIS, Administratrix of the ESTATE OF NICHOLAS LEWIS, SR., and JEANNETTE LEWIS, Individually, Plaintiff-Appellant/ Cross-Respondent ...

docket:	a3509-08
court:	NJ Superior Court Appellate Division
decided:	2010-10-06
status:	unpublished
citation:
Document Size:	164239

1218 STATE OF NEW JERSEY VS. TRAVIS M. FLOOD -- rank: 839

... of the revised 'real time' defendant will serve pursuant to N.J.S.A. 2C:44-1(c)(2). I. We discern the following ... distribution of cocaine in Middlesex County on August 22, 2018, N.J.S.A. 2C:35-5(a)(1) and (b)(3) (count one ... distribution of fentanyl in Middlesex County on August 22, 2018, N.J.S.A. 2C:35-5(a)(1) and (b)(5) (count two ... or [f]entanyl' in Middlesex County on August 22, 2018, N.J.S.A. 2C:35-9 (count three); second- degree possession of cocaine ... intent to distribute in Mercer County on August 23, 2018, N.J.S.A. 2C:35-5(a)(1) and (b)(2) (count four ... intent to distribute in Mercer County on August 23, 2018, N.J.S.A. 2C:35-5(a)(1) and (b)(9)(a) ( ...

docket:	a2841-22
court:	appellate
decided:	2024-05-14
status:	Unpublished
citation:
Document Size:	54641

1219 STATE OF NEW JERSEY v. JOHN JACOBUS, -- rank: 839

... delivered by VERNOIA, J.A.D. A 2014 amendment to N.J.S.A. 2C:43-6.4(d) increased the penalties for a ... This case requires that we determine whether the savings statute, N.J.S.A. 1:1-15, permits the prosecution of defendant John Jacobus ... the 2014 amendment, for the fourth-degree offense extant under N.J.S.A. 2C:43-6.4(d) prior to the amendment. We ... the welfare of a child, the court's sentence included N.J .S.A. 2C:43-6.4(a)'s then-requirement that defendant ... of A-1069-19 2 CSL 1 At the time, N.J.S.A. 2C:43-6.4(d) provided that a person who ... cause is guilty of a crime of the fourth degree.' N.J.S.A. 2C:43-6.4(d) (2002); L. 1994, c. ...

docket:	a1069-19
court:	NJ Superior Court Appellate Division
decided:	2021-08-11
status:	Published
citation:
Document Size:	37063

1220 CHARLES KRAVITZ v. PHILIP D. MURPHY -- rank: 839

... the Governor's powers under the Emergency Health Powers Act, N.J.S.A. 26:13-1 to -31 (the EHPA), and the New Jersey Civil Defense and Disaster Control Act, N.J.S.A. App. A:9-30 to - 63 (the Disaster Control Act ... such deposit remain the property of the tenant . . . .' Ibid. (citing N.J.S.A. 46:8-19). The Governor concluded that 'enabling individuals to ... to use 'a security deposit governed by the provisions of N.J.S.A. 46:8-19 et seq., as well as the tenant ... landlord],' and shall be deposited in an interest bearing account. N.J.S.A. 46:8-19. The SDA also provides instruction as to ... security deposit when the property is conveyed to another person, N.J.S.A. 46:8-20 and -21; when and how the ...

docket:	a1584-20
court:	NJ Superior Court Appellate Division
decided:	2021-07-20
status:	Published
citation:
Document Size:	89004

1221 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. M.J.F. -- rank: 839

... all four prongs of the best interests test contained in N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence ... PARENTAL RIGHTS BY CLEAR AND CONVINCING EVIDENCE AS REQUIRED BY N.J.S.A. 30:4C- 15 AND 30:4C-15.1. (A) THE ... 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 ...

docket:	a5332-11
court:	NJ Superior Court Appellate Division
decided:	2013-05-01
status:	unpublished
citation:
Document Size:	69057

1222 ANTONIA VERNI, et al. v. HARRY M. STEVENS, INC., et al. v. -- rank: 839

... Licensed Alcoholic Beverage Server Fair Liability Act (Beverage Server Act), N.J.S.A. 2A:22A-1 to -7, HMS, as the licensed alcoholic ... duty under the Beverage Server Act is set forth in N.J.S.A. 2A:22A-5, which defines negligence for purposes of civil ... only the exclusive remedy for a civil dram shop claim, N.J.S.A. 2A:22A-4, it also narrowly defines negligence as the service of alcohol to a visibly intoxicated patron. N.J.S.A. 2A:22A-5b. Therefore, negligence is not definable by reference ... their underage status, or that it simply did not care. N.J.S.A. 2A:22A-5. However, none of the testimony offered by ... 90 , 107 (1991). In that regard, the Comparative Negligence Act, N.J.S.A. 2A:15-5.1 to -5.8, "mandates the ...

docket:	A3951-04
court:	NJ Superior Court Appellate Division
decided:	2006-08-03
status:	published
citation:
Document Size:	152576

1223 POLINA ROITBURG v. LEONID ROITBURG -- rank: 839

... NPTC, in violation of the Uniform Fraudulent Transfer Act (UFTA), N.J.S.A. 25:2-20 to -34. Plaintiff claimed the circumstances warranted ... the judge noted that plaintiff had asserted a violation of N.J.S.A. 25:2- 27(a) in her complaint but raised an alleged violation of N.J.S.A. 25:2-27(b) at trial. Citing our opinion in ... the court was required to consider the factors listed in N.J.S.A. 25:2-26, the so-called 'badges of fraud,' see ... deciding whether any transfer was fraudulent. The judge recognized that N.J.S.A. 25:2-30(f)(2) provided a defense to insider ... fraudulent transfers using the 'badges of fraud' factors contained in N.J.S.A. 25:2-26(b). He concluded that plaintiff had ...

docket:	a0047-21
court:	NJ Superior Court Appellate Division
decided:	2023-08-31
status:	Unpublished
citation:
Document Size:	54490

1224 DCPP VS. I.J.R. AND Z.T., JR., THE BIOLOGICAL FATHER OF R.T.R., IN THE MATTER OF THE GUARDIANSHIP OF P.D.R. and R.T.R. -- rank: 839

... best-interests test necessary for termination of parental rights. See N.J.S.A. 30:4C-15.1(a). In opposition, the Division and ... its obligation to provide reasonable efforts to Irene pursuant to N.J.S.A. 30:4C-11.3(c). Meanwhile, Zane failed to participate ... of the 'best interests of the child' test, codified by N.J.S.A. 30:4C-15.1(a). M.M., 189 N.J ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] These prongs 'are not discrete ... to the child.' L. 2021, c. 154, § 9; see N.J.S.A. 30:4C-15.1(a)(2) (2015). Accordingly, any harm ... 256 N.J. 4, 26 (2023) (explaining that in amending N.J.S.A. 30:4C-15.1(a)(2) in 2021, the ...

docket:	a2929-22a2930-22
court:	appellate
decided:	2024-05-16
status:	Unpublished
citation:
Document Size:	46482

1225 DIRECTOR v. STRATHMORE INSURANCE COMPANY -- rank: 839

... payable directly to NJSFA by foreign fire insurance companies under N.J.S.A. 54:18-1, by requiring application of the statutory cap ... payable to Taxation by domestic and foreign insurance companies under N.J.S.A. 54:18A-1. NJSFA contends that since the FIPT statute ... NJSFA is part of the IPT payable to Taxation under N.J.S.A. 54:18A-2, therefore, it stands to reason that the ... is considered “a part of” the IPT payable under N.J.S.A. 54:18A-2(a) does not change the court’s ... to the contrary is unreasonable because, (a) the provision in N.J.S.A. 54:18A-2(a) has, since 1945, been interpreted to ... 538 such entities) and remains in control of such funds. N.J.S.A. 43:17-45. The object of these associations is ...

docket:	00151-19
court:	NJ Superior Court Appellate Division
decided:	2023-01-30
status:	Published
citation:
Document Size:	67340

1226 STATE OF NEW JERSEY v. KORY S. MCCLARY -- rank: 839

... committing, among other crimes, two counts of first-degree murder, N.J.S.A. 2C:11-3(a)(1)(2), two counts of second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1), and numerous weapons offenses, N.J.S.A. 2C:39-4(a), -5(b), and 7, 1 for ... of the following: second-degree conspiracy to commit aggravated assault, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:12-1(b)(1); two counts of second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1); two counts of third- ...

docket:	a5197-13
court:	NJ Superior Court Appellate Division
decided:	2017-01-19
status:	unpublished
citation:
Document Size:	92456

1227 /usr/local/share/www/libweb/collections/courts/appellate/a0483-16a0484-16.opn.html -- rank: 839

... the Middlesex Vicinage, charging her with second-degree official misconduct, N.J.S.A. 2C:30-2b (count one); and two counts of third-degree hindering the apprehension or prosecution of Jason Prontnicki, N.J.S.A. 2C:29-3a(1) and a(2) (counts two and ... harboring Prontnicki, knowing he was a fugitive charged with robbery, N.J.S.A. 2C:29-3a(1), and by 'deceiving law enforcement by not immediately notifying law enforcement of . . . Prontnicki's . . . whereabouts.' N.J.S.A. 2C:29-3a(5). The prosecutor further advised that he ... written instructions to the grand jury, including the elements of N.J.S.A. 2C:29-3a(1) and (2),2 and criminal attempt, N.J.S.A. 2C:5-1. As to official 2 The prosecutor ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	81284

1228 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. S.J. -- rank: 839

... clear and convincing evidence as to all four prongs of N.J.S.A. 30:4C-15.1, and as a result, the judge ... Judge's findings on prongs two, three and four of N.J.S.A. 30:4C-15.1. II The law governing our analysis ... 103 N.J. 591 , 604-11 (1986) and codified in N.J.S.A. 30:4C-15.1(a). This standard allows for termination ... 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 court consider "alternatives to the termination of parental rights." N.J.S.A. 30:4C-15.1(a)(3). Here, the court found ... W. , 419 N.J. Super. 568 , 577 (App. Div. 2011). N.J.S.A. 30:4C-12.1 provides:  a.  In ...

docket:	a2508-11
court:	NJ Superior Court Appellate Division
decided:	2013-04-22
status:	unpublished
citation:
Document Size:	78872

1229 STATE OF NEW JERSEY v. JERRY M. REYES -- rank: 839

... a four-count indictment charging defendant with first-degree murder, N.J.S.A. 2C:11-3(a)(1)-(2); second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a); second- degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b); and second- degree being a certain person not permitted to possess a handgun, N.J.S.A. 2C:39-7(b). 11 A-1340-18 A. More ... Jury Charges (Criminal), 'Murder, Passion/Provocation and Aggravated/Reckless Manslaughter ( N.J.S.A. 2C:11-3a(1) and (2); 2C:11-4a, b ... parole supervision as prescribed by the No Early Release Act, N.J.S.A. 2C:43-7. Specifically, the trial 21 A-1340- ...

docket:	a1340-18
court:	NJ Superior Court Appellate Division
decided:	2022-01-13
status:	Unpublished
citation:
Document Size:	76836

1230 STATE OF NEW JERSEY v. LEONARDO BUCCHERI -- rank: 839

... Buccheri was found guilty of second-degree passion/provocation manslaughter, N.J.S.A. 2C:11-4(b)(2), as a lesser-included offense ... second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a); and fourth-degree possession of a defaced firearm, N.J.S.A. 2C:39-3(d). 1 After the verdict was returned ... guilty to second-degree certain persons not to have weapons, N.J.S.A. 2C:39-7(b), without any recommendation as to sentencing ... ineligibility period pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2; a concurrent eighteen-month term on ... CHARGED ON THE AFFIRMATIVE DEFENSE OF PREVENTION OF SUICIDE UNDER N.J.S.A. 2C:3-7(e). (NOT RAISED BELOW) IV. DESPITE ...

docket:	a1086-11
court:	NJ Superior Court Appellate Division
decided:	2013-03-08
status:	unpublished
citation:
Document Size:	80920