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1636 DIVISION OF CHILD PROTECTION AND PERMANENCY v. L.M.P and R.S., III IN THE MATTER OF THE GUARDIANSHIP OF J.M.S., a minor -- rank: 835
... child require the termination of parental rights of [defendant]" under N.J.S.A. 30:4C-15.1, and entered an order terminating defendant ... grant a petition when the four prongs set forth in N.J.S.A. 30:4C-15.1(a) are established by clear and ... that the Division established by clear and convincing evidence under N.J.S.A. 30:4C-15.1(a) that it was in John ... or will continue to be endangered by the parental relationship." N.J.S.A. 30:4C-15.1(a)(1). "[T]he Division must ... neglect proceedings may be informative for discussions of harm under N.J.S.A. 30:4C-15.1(a), a prior determination of abuse ... child' standard applicable to termination of parental rights proceedings under N.J.S.A. 30:4C-15.1(a)(1) was satisfied by ...
docket: a5363-14
court: NJ Superior Court Appellate Division
decided: 0000-00-00
status: unpublished
citation:
Document Size: 60938
1637 MAYOR SHARPE JAMES et al. v. ARMS TECHNOLOGY, INCORPORATED, et al. -- rank: 835
... App. Div. 2000). Nevertheless, we address the issues.     PLAC cites N.J.S.A. 2A:54A-1 for the proposition that public nuisance litigation ... a civil action to abate a nuisance as defined in N.J.S.A. 2C:33-12. That section of the Criminal Code refers ... the safety or health of a considerable number of persons." N.J.S.A. 2C:33-12a. However, neither statute expressly precludes a municipality ... welfare of local residents by abatement of nuisances); see also N.J.S.A. 40:48-2 (vesting in municipalities legislative police power to ... from seeking such relief. In fact, the Court held that N.J.S.A. 40:55-47, now repealed, which empowered municipalities to provide ...
docket: A3098-01
court: NJ Superior Court Appellate Division
decided: 2003-03-11
status: published
citation: 359 N.J. Super. 291 820 A.2d 27
Document Size: 100190
1638 State of New Jersey v. Shareef Edmonds -- rank: 835
... with second-degree unlawful possession of a .38 caliber handgun, N.J.S.A. 2C:39-5(b), and second-degree possession of the ... same handgun by a person previously convicted of a crime, N.J.S.A. 2C:39-7(b). Defendant moved to suppress the gun ... enforcement challenges. In enacting the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35, the Legislature found “that ... some cases even killed by their spouses or cohabitants.” N.J.S.A. 2C:25-18. Recognizing that “previous societal attitudes concerning ... generate a prompt response in an emergency situation’” (quoting N.J.S.A. 2C:25-18)). The Legislature has thus given our law ... was indicted for fourth-degree obstructing the administration of justice, N.J.S.A. 2C:29-1, and third-degree hindering the apprehension ...
docket: A-106-10
court: NJ Supreme Court
decided: 2012-07-26
status:
citation: 211 N.J. 117 47 A.3d 737
Document Size: 182728
1639 IN THE MATTER OF THE APPROVAL OF THE CHARTER AMENDMENT OF CENTRAL JERSEY COLLEGE PREP -- rank: 835
... was approved under the Charter School Program Act of 1995, N.J.S.A. 18A:36A-1 to -18 (the Charter School Act or ... of education, and are managed by a board of trustees. N.J.S.A. 18A:36A-3(a). The Legislature found and declared that ... State to encourage and facilitate the development of charter schools. [N.J.S.A. 18A:36A-2.] It is well established that, '[r]ooted ... community’s school age population including racial and academic factors.' N.J.S.A. 18A:36A-8(e). See N.J.A.C. 6A:11-4.5(e) (charter school lottery). Further, N.J.S.A. 18A:36A-7 provides: A charter school shall be open ... section of the community's school age population.'' Ibid. (quoting N.J.S.A. 18A:36A-8(e)). Despite the disparity in the ...
docket: a3074-16
court: NJ Superior Court Appellate Division
decided: 2019-06-07
status: Unpublished
citation:
Document Size: 71581
1640 /usr/local/share/www/libweb/collections/courts/tax/004385-20.opn.html -- rank: 835
... year, and 98.53% or the 2014 tax year. See N.J.S.A. 54:1 - 35 a(a). When the average ratio is ... the 2006, 2009, 2010, 2011, and 2014 tax years. Under N.J.S.A. 54:51A-6(a), commonly referred to as Chapter 123 ... average ratio to the true value of the property....” N.J.S.A. 54:51A-6(a). This process involves application of the Chapter 123 common level range. N.J.S.A. 54:1-35a(b). When the ratio of assessed value ... formula for determining the revised taxable value of property, under N.J.S.A. 54:51A-6(a), is as follows: True market value ...
docket:
court: NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size: 177611
1641 STATE OF NEW JERSEY V. MARKO BEY -- rank: 835
... had been convicted of a murder, that of Cheryl Alston, N.J.S.A. 2C:11-3e, a section of the Capital Punishment Act ... in traditional sentencing guidelines." 130 N.J. at 159 (citing N.J.S.A. 2c:44-1). The Court identified three elements of criminal ... in similar cases, considering both the crime and the defendant." N.J.S.A. 2C:11-3e. Although not required by the federal constitution ...
docket: a-1-93
court: njsupreme
decided: 1994-06-30
status:
citation: 137 N.J. 334
Document Size: 157156
1642 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.M.F and R.J.W -- rank: 835
... Danny).1 Appellant argues none of the four prongs of N.J.S.A. 30:4C-15.1 were satisfied. The Division and Danny ... its burden of proof as to all four prongs under N.J.S.A. 30:4C-15.1 by clear and convincing evidence. The ... RELATIONSHIP UNDER THE FIRST PRONG OF THE 'BEST INTEREST' TEST, N.J.S.A. 30:4C-15.1(a)(1). POINT II THE TRIAL ... HARM UNDER THE SECOND PRONG OF THE BEST INTEREST TEST, N.J.S.A. 30:4C-15.1(a)(2). POINT III THE TRIAL ... 3694-21 11 THIRD PRONG OF THE 'BEST INTEREST' TEST, N.J.S.A. 30:4C-15.1(a)(3). POINT IV THE TRIAL ... GOOD UNDER THE FOURTH PRONG OF THE 'BEST INTEREST' TEST, N.J.S.A. 30:4C-15.1(a)(4). II. Our review ...
docket: a3694-21
court: NJ Superior Court Appellate Division
decided: 2023-04-04
status: Unpublished
citation:
Document Size: 51067
1643 STATE OF NEW JERSEY v. R.K. -- rank: 835
... endangering the welfare of a child, both in violation of N.J.S.A. 2C:14- 4(a). About four months earlier, R.K ... social networking service, site or chat room' in violation of N.J.S.A. 2C:43-6.4(d), a fourth-degree crime. He ... of Megan's Law, which 'has its statutory source in N.J.S.A. 2C:43-6.4, the Violent Predator Incapacitation Act.' Schubert, 212 N.J. at 305. For specific offenses, N.J.S.A. 2C:43-6.4(a) mandates a trial court impose ... reduce the likelihood of recurrence of criminal or delinquent behavior.' N.J.S.A. 30:4-123.59(b)(1). Sex offenders 'subject to ... at 210. The complete ban was imposed in accordance with N.J.S.A. 30:4-123.59(b)(2). 13 The parolee ...
docket: a2022-18
court: NJ Superior Court Appellate Division
decided: 2020-04-27
status: Published
citation:
Document Size: 74766
1644 SARAH B. BISER v. RICHARD L. LEVINE -- rank: 835
... into arbitration under the New Jersey Uniform Arbitration Act (Act), N.J.S.A. 2A:23B-1 to -32. They agreed to appoint a ... version of the Uniform Arbitration Act." Id. at 462; see N.J.S.A. 2A:23B-23(a). "'As the [Family Part's] decision ... an award if "an arbitrator exceeded the arbitrator's powers." N.J.S.A. 2A:23B-23(a)(4). This provision of the Act ... identical to the language in the earlier-enacted Arbitration Act, N.J.S.A. 2A:24-1 to -11, which provided that an arbitration ... could be vacated "[w]here the arbitrators exceeded . . . their powers." N.J.S.A. 2A:24-8(d). Thus, the case law on the ... child. No such ground for vacating an award appears in N.J.S.A. 2A:23B-23, or in N.J.S.A. ...
docket: a3318-13
court: New Jersey Superior Court Appellate Division
decided: 2016-08-08
status: Published
citation:
Document Size: 58264
1645 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.R. -- rank: 835
... prove each of the four requisite statutory prongs contained in N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence ... its burden by clear and convincing evidence for each of N.J.S.A. 30:4C-15.1(a)'s four prongs. The court ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] The requirements should not be ... any meaningful relationship with Anna prior to his incarceration. Under N.J.S.A. 30:4C-15.1(a)(1), the Division must show ... s decision holding an incarcerated parent harms his child under N.J.S.A. 30:4C-15.1(a)(1) "as a matter of ... delay in securing permanency would only add to the harm. N.J.S.A. 30:4C-15.1(a)(2). C. Defendant next ...
docket: a3719-13
court: NJ Superior Court Appellate Division
decided: 2015-02-18
status: unpublished
citation:
Document Size: 55345
1646 STATE OF NEW JERSEY v. VASHON M. McPHAUL ROBERTS -- rank: 835
... the confidentiality and identity of the child victim pursuant to N.J.S.A. 2A:82-46(a) and Rule 1:38-3(c ... eight to ten years old: first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(1) (count one); second-degree sexual assault, N.J.S.A. 2C:14-2(b) (count two); and second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a) (count three).2 2 In its ...
docket: a2320-21
court: NJ Superior Court Appellate Division
decided: 2024-01-29
status: Unpublished
citation:
Document Size: 36094
1647 MARTIN CARLUCCIO SAFETY SPECIALIST TRAINEE, DMV (S0599J MOTOR VEHICLE COMMISSION -- rank: 835
... MVC indicated it would consider the eight factors contained in N.J.S.A. 39:2A-32(f), and invited Carluccio to respond and ... community. Carluccio cited provisions of the Rehabilitated Convicted Offenders Act, N.J.S.A. 2A:168A-1 to -16 (the RCOA), in further support ... its request to SHRM, indicating Carluccio was disqualified "pursuant to [ N.J.S.A. 39:2A-32(c)]" based upon his prior criminal history ... he would have had to forfeit his employment pursuant to [ N.J.S.A. ] 2C:51-2a(1). That being the case, [his] history ... address the disqualification of Mr. Carluccio's employment based on N.J.S.A. 39:2A-32." The MVC maintained: [D]isqualification and rejection ... Mr. Carluccio under the provisions of Title 39 [was] justified . . . . N.J.S.A. 2A:168A-1 and N.J.S.A. 2A: ...
docket: a5219-09
court: NJ Superior Court Appellate Division
decided: 2012-05-25
status: published
citation: 426 N.J. Super. 15 42 A.3d 918
Document Size: 53048
1648 K.L v. EVESHAM TOWNSHIP BOARD OF EDUCATION -- rank: 835
... Board of Education violated the Open Public Records Act ("OPRA"), N.J.S.A. 47:1A-1 to -13, and his common law right ... Act (“the Anti-Bullying Act”), L. 2010, c. 122, N.J.S.A. 18A:37-13.1 to -32, did not take effect ... injunctive relief and reimbursement of his attorney's fees. See N.J.S.A. 47:1A-6. The Board filed an answer, a brief ... the definition of government records exempted them from disclosure. See N.J.S.A. 47:1A-1.1. Second, according to the Board, any ... protected by the attorney-client and work product privileges. See N.J.S.A. 47:1A-1.1. The court reached no findings or ... Legislature, Executive Order, the Rules of Court, or federal law. N.J.S.A. 47:1A-1. In relevant part, OPRA defines "government ...
docket: a1771-10
court: NJ Superior Court Appellate Division
decided: 2011-12-12
status: published
citation: 423 N.J. Super. 337 32 A.3d 1136
Document Size: 68391
1649 Frances Green v. Monmouth University -- rank: 835
... from Green’s suit pursuant to the Charitable Immunity Act, N.J.S.A. 2A:53A-7 to -11. Under the circumstances of this ... “organized for religious, charitable, educational or hospital purposes.” N.J.S.A. 2A:53A- 10. The Act sets out the contours of the immunity it grants to nonprofit entities in N.J.S.A. 2A:53A-7(a). “Distilling the statutory language to ... from Green’s suit pursuant to the Charitable Immunity Act, N.J.S.A. 2A:53A-7 to -11. Under the circumstances of this ... corporations’ organized for educational purposes.” Id. at 550 (quoting N.J.S.A. 2A:53A-10). The majority noted that “the term ... the University maintains, it is entitled to charitable immunity under N.J.S.A. 2A:53A-7 and relevant case law. III. A. ...
docket: a-63-17
court: NJ Supreme Court
decided: 2019-05-07
status:
citation: 237 N.J. 516 206 A.3d 394
Document Size: 61639
1650 /usr/local/share/www/libweb/collections/courts/supreme/a-44-45-17.opn.html -- rank: 835
... one count of first-degree aggravated sexual assault, contrary to N.J.S.A. 2C:14- 2(a); two counts of second-degree sexual assault, contrary to N.J.S.A. 2C:14- 2(c); and two counts of official misconduct, contrary to N.J.S.A. 2C:30-2. B. Before trial began, the prosecution, defense ... present in New Jersey common law and statutory law. See N.J.S.A. 2A:84A-19 (“[E]very natural person has a ... to a penalty or a forfeiture of his estate . . . .” N.J.S.A. 2A:84A-19. Defendant’s “right to refuse to ...
docket:
court: NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size: 54163
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