Search Rutgers Law Library N.J. Court Opinions

1351 Outland v. Monmouth-Ocean Education Service Commission -- rank: 839

... the Workers' Compensation Act, and the remaining thirty percent under N.J.S.A. 18A:30-2.1. That section ensures that school employees ... of any workers' compensation award made for temporary disability.     Although N.J.S.A. 18A:29-3 allows school boards to offer academic-year ... s payment of 70" percent of her salary pursuant to N.J.S.A. 34:15-12 should continue over the summer months.     While ... the Legislature's use of the term “calendar year” in N.J.S.A. 18A:30-2.1 to reach the conclusion that the ... the panel concluded that neither the Workers' Compensation Act nor N.J.S.A. 18A:30-2.1 was intended to provide injured workers ... summer employment. 1. In using the term “calendar year” in N.J.S.A. 18A:30-2.1, the Legislature did not intend ...

docket:	a-48-97
court:	njsupreme
decided:	1998-07-01
status:
citation:	154 N.J. 531
Document Size:	71879

1352 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.L.C and L.T. -- rank: 839

... the Family Part judge misapplied the 'best interests' statutory test, N.J.S.A. 30:4C-15.1(a). 1 We use initials and ... child is an 'abused or neglected child' as defined in N.J.S.A. 9:6-8.21 and either the investigation indicates the ... is subject to an 'imminent risk of harm' pursuant to N.J.S.A. 9:6-8.28. A-0917-22 3 The Division ... prongs of the best interests of the child standard under N.J.S.A. 30:4C-15.1 and terminated Luke's parental rights ... 161 N.J. 337, 347 (1999) (alteration in original) (quoting N.J.S.A. 30:4C-1(a)). Still, parental rights are not absolute ... best interests of the child standard[,]' which is established in N.J.S.A. 30:4C-15(c) and elaborated in N.J. ...

docket:	a0917-22
court:	NJ Superior Court Appellate Division
decided:	2023-11-20
status:	Unpublished
citation:
Document Size:	55057

1353 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. S.S.Y. -- rank: 839

... each prong of the best interests test set forth in N.J.S.A. 30:4C-15.1a. Defendant further maintains trial counsel was ... the Division had satisfied each of the four prongs of N.J.S.A. 30:4C-15.1a by clear and convincing evidence. He ... the child's best interest to preserve the family unit[.]" N.J.S.A. 30:4C-1(a). This responsibility, in some cases, requires ... supra , 103 N.J. at 602-11, was codified at N.J.S.A. 30:4C-15.1a, and requires the State to establish ... again is without merit." To satisfy the first prong of N.J.S.A. 30:4-15.1a, the Division must show a harm ... failed attempt to return custody to defendant, were unsuccessful. Under N.J.S.A. 30:4C-15.1a(2), the Division may demonstrate ...

docket:	a1714-11
court:	NJ Superior Court Appellate Division
decided:	2013-03-22
status:	unpublished
citation:
Document Size:	78083

1354 Pamela O’Donnell v. New Jersey Turnpike Authority -- rank: 839

... and daughter pursuant to the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 to 59:12-3. The Court considers whether extraordinary circumstances exist under N.J.S.A. 59:8-9 to permit the untimely filing of a ... notice of claim on the correct public entity pursuant to N.J.S.A. 59:8-8, citing the exact circumstances, parties, and theories ... his or her notice; and (3) the claimant then invokes N.J.S.A. 59:8-9’s procedure for obtaining judicial approval of ... of claim within ninety days of the accident pursuant to N.J.S.A. 59:8-8. O’Donnell opposed the NJTA’s motion ... for leave to file a late notice of claim under N.J.S.A. 59:8-9, which permits a claimant to apply ...

docket:	a-69-17
court:	New Jersey Supreme Court
decided:	2018-01-14
status:
citation:
Document Size:	52010

1355 Richard Grabowsky v. Township of Montclair -- rank: 839

... statutory standards set forth in the Municipal Land Use Law, N.J.S.A. 40:55D-1 to -163 (MLUL), and the Local Government Ethics Law, N.J.S.A. 40A:9-22.1 to -22.25 (LGEL), as well ... statutory standards set forth in the Municipal Land Use Law, N.J.S.A. 40:55D-1 to -163 (MLUL), and the Local Government Ethics Law, N.J.S.A. 40A:9-22.1 to -22.25 (LGEL), as well ... consisted of Fried, Lewis and five other members. Pursuant to N.J.S.A. 40A:12A-7, the Council referred the amendments to defendant ... in adopting the amendments to that plan had therefore violated N.J.S.A. 40A:12A-7 and N.J.S.A. 40: ...

docket:	A-53-13
court:	NJ Supreme Court
decided:	2015-06-15
status:
citation:	221 N.J. 536 115 A.3d 815
Document Size:	101462

1356 /usr/local/share/www/libweb/collections/courts/appellate/a4937-15.opn.html -- rank: 839

... to community supervision for life (CSL) under Megan's Law, N.J.S.A. 2C:7-1 to -23. His Megan's Law status ... residence and placed him at a resource home, pursuant to N.J.S.A. 9:6-8.21 to -8.82. On November 4 ... he had been left unsupervised.' 6 A-4937-15T1 under N.J.S.A. 9:6-8.21(c)(4)(b) by failing to ... the evidence was inadequate to show abuse or neglect under N.J.S.A. 9:6-8.21(c)(4)(b). We disagree.4 Under N.J.S.A. 9:6-8.21(c)(4), a child is abused ... finding hearing, the Division also alleged Father and Grandmother violated N.J.S.A. 9:6-8.21(c)(3), which authorizes a ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	55132

1357 1 MEMORIAL DRIVE LLC v. 160 WEST BROADWAY ASSOCIATES, LP -- rank: 839

... this Plan that results in a 'd' variance pursuant to N.J.S.A. 40:55D-70d shall be addressed as an amendment to ... inherently unsafe[,] . . . . such a practice actually violates the law[,]' specifically N.J.S.A. 39:4-56 and N.J.S.A. 39:4-67. Dean testified that the proposed use of ... plaintiffs' argument that the proposed traffic circulation plan would violate N.J.S.A. 39:4-56 and N.J.S.A. 39:4-67, the court stated that the traffic plan ... findings of fact and conclusions of law. Id. at 332; N.J.S.A. 40:55D-10(g). The requirement of a memorializing ...

docket:	a0511-19
court:	NJ Superior Court Appellate Division
decided:	2021-08-13
status:	Unpublished
citation:
Document Size:	87088

1358 IMO Proposed Quest Academy Charter School of Montclair Founders Group -- rank: 839

... decision. The Charter School Program Act of 1995 (the Act), N.J.S.A. 18A:36A-1 to -18, authorizes the establishment of charter ... of charters to charter schools pursuant to [the Act].” N.J.S.A . 18A:36A-3. The application process is governed by the Act, see N.J.S.A. 18A:36A-4, -4.1, -5, and implementing regulations, see ... final authority to grant or reject a charter application.” N.J.S.A. 18A:36A-4(c). Although the statutory and regulatory programmatic ... a “contested case” under the Administrative Procedure Act (APA), N.J.S.A. 52:14B-1 to -15. However, that does not end ... 426, §§ 1 to 18 (codified as amended at N.J.S.A. 18A:36A-1 to -18), authorizes the establishment of ...

docket:	A-12-12
court:	NJ Supreme Court
decided:	2013-12-16
status:
citation:	216 N.J. 370 80 A.3d 1120
Document Size:	86012

1359 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. D.M.B. and A.J.B. -- rank: 839

... the four-pronged statutory test for an award of guardianship, N.J.S.A. 30:4C-15.1(a)(1) to (4). Accordingly, we ... H.O. , supra , 161 N.J. at 347. Pursuant to N.J.S.A. 30:4C-15.1(a), parental rights may be terminated ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These four prongs are not ... prevent the need for removing the child from his home." N.J.S.A. 9:6-8.8(b)(2). Even after placement, "the ... s progress, development and health; and (4) facilitating appropriate visitation. [ N.J.S.A. 30:4C-15.1(c).] The Division’s efforts are ... certif. denied , 180 N.J. 456 (2004). See, e.g. , N.J.S.A. 30:4C-11.1. We have previously observed, Children ...

docket:	a4258-08
court:	superior court appellate division
decided:	2010-11-12
status:	unpublished
citation:
Document Size:	82689

1360 MOUNTAIN HILL, L.L.C v. TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MIDDLETOWN -- rank: 839

... year we decided that the Open Public Meetings Act (OPMA), N.J.S.A. 10:4-6 to -21, was not violated by discussions ... on its property. Mountain Hill filed a valid protest under N.J.S.A. 40:55D-63 objecting to the proposed zoning ordinance." Mountain ... PD zone. Mountain Hill again filed a valid protest under N.J.S.A. 40:55D-63 objecting to the proposed ordinance. At the ... mative votes [were] needed to carry the or-dinance under N.J.S.A. 40:55D-63. Following that discussion the vote was taken ... J. Super. at 61. Middletown appealed and we held that N.J.S.A. 40:55D-63 requires that whenever there is a duly ... Mountain Hill contends under the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 to -163, that the thirty-five- ...

docket:	a2404-06
court:	NJ Superior Court Appellate Division
decided:	2008-09-10
status:	published
citation:	403 N.J. Super. 146 958 A.2d 1
Document Size:	189355

1361 State v. Jonathan Mercedes -- rank: 839

... questions that relate to the Criminal Justice Reform Act (CJRA), N.J.S.A. 2A:162-15 to -26, including a rule the Court ... based on one of two presumptions in the statute. See N.J.S.A. 2A:162-19(b). A pending charge is a charge ... is charged with one of the offenses set forth in N.J.S.A. 2A:162-19(a), or has been convicted of multiple ... probable cause to believe that a defendant has committed murder, N.J.S.A. 2C:11-3, or a crime that carries a sentence of life imprisonment, N.J.S.A. 2A:162-19(b)(1) to (2). In all other cases, a presumption of release applies. N.J.S.A. 2A:162-18(b). To determine whether detention is ...

docket:	a_6_7_17
court:	NJ Supreme Court
decided:	2018-05-01
status:
citation:
Document Size:	82199

1362 Pomerantz Paper Corporation v. New Community Corporation, et al. -- rank: 839

... business practices in violation of the Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -20. Following a trial, the court ... damages be awarded pursuant to the Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -20. Following a lengthy bench trial ... statutory requirements imposed on merchants, see Uniform Commercial Code (UCC), N.J.S.A. 12A:1-101 to :10-106, and that the courtâ ... their respective remedies for nonperformance by the other party. See N.J.S.A. 12A:2-101 to -725. Pursuant to the UCC, â ... goods that are the subject of the agreement of sale. N.J.S.A. 12A:2-301. The obligation of the seller under the ... all respects 4 to those specified in the parties’ agreement. N.J.S.A. 12A:2-601 (premising buyer’s remedies on “ ...

docket:	a-41-10
court:	superior court trial
decided:	2011-07-25
status:
citation:
Document Size:	102035

1363 State in the Interest of A.R. -- rank: 839

... year-old John on July 3, 2014 in violation of N.J.S.A. 2C:14-2(b). The complaint specifically alleged that Alex ... victim or sexually arousing or sexually gratifying the actor.” N.J.S.A. 2C:14-1(d).12 11 That big Alex was ... sexual assault. 12 A conviction under the sexual-assault statute, N.J.S.A. 2C:14-2(b), requires an “intentional touching . . . for ... of that judgment. arousing or sexually gratifying the actor.” N.J.S.A. 2C:14- 1(d). 35 CHIEF JUSTICE RABNER and JUSTICES ...

docket:	a_67_16
court:	NJ Supreme Court
decided:	2018-07-11
status:
citation:
Document Size:	68486

1364 Kim Allen v. Cape May County -- rank: 839

... plaintiff’s claims as if brought under two CEPA provisions, N.J.S.A. 34:19-3(a) and -3(c). The court concluded ... claim premised on the Capehart & Scatchard proposal is based on N.J.S.A. 34:19-3(c), under which a plaintiff must prove ... 2) she performed a “whistle-blowing” activity described in N.J.S.A. 34:19-3(c); (3) an adverse employment action was ... conduct would constitute CEPA- protected conduct if it satisfied either N.J.S.A. 34:19-3(c) or -3(a), a separate provision ... the Ballard Spahr investigator “constitutes CEPA-protected conduct under N.J.S.A. 34:19-3(a),” but did not review that ... or both provisions. (pp. 20-21) 3. On remand, applying N.J.S.A. 34:19-3(c) and viewing the evidence in ...

docket:	a-49-19
court:	NJ Supreme Court
decided:	2021-05-12
status:
citation:
Document Size:	78731

1365 /usr/local/share/www/libweb/collections/courts/appellate/a0597-17.opn.html -- rank: 839

... officer for two years. Carifi II settled before trial. 2 N.J.S.A. 2A:38A-1 to -6. A-0597-17T1 3 I ... economic advantage (count three); defamation (count four); a violation of N.J.S.A. 2A:38A-3, computer tampering causing damage (count five); future ... ten); conspiracy to commit tortious acts (count eleven); violation of N.J.S.A. 2C:41-2, Racketeering (count twelve); conspiracy to violate N.J.S.A. 2C:41-2 (count thirteen). A-0597-17T1 4 thirteen ... an IA complaint against plaintiff, alleging criminal official misconduct, under N.J.S.A. 2C:30-2. The filing of this IA complaint marked ... IAPP) 7 of the Police Management Manual. These guidelines 7 N.J.S.A. 40A:14-181 required all law enforcement agencies in ...

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