Search Rutgers Law Library N.J. Court Opinions

1771 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. C.V. -- rank: 833

... the Division satisfied each prong of the best interests test, N.J.S.A. 30:4C-15.1a, were unsupported by clear and convincing ... four criteria for termination of parental rights, as required by N.J.S.A. 30:4C-15.1a. C.V. appealed. As a threshold ... 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 in N.J.S.A. 30:4C-15.1a, and requires the State to establish ... the delay of permanent placement will add to the harm." N.J.S.A. 30:4C-15.1a(2). The harm may include the ... considering his substance abuse relapses in finding the Division satisfied N.J.S.A. 30:4C-15.1a(2). In V.T. , supra , ...

docket:	a1931-11
court:	NJ Superior Court Appellate Division
decided:	2012-12-14
status:	unpublished
citation:
Document Size:	59702

1772 /usr/local/share/www/libweb/collections/courts/appellate/a4230-11a4231-11.opn.html -- rank: 833

... parole ineligibility pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. On appeal, defendants challenge the sufficiency ... an indictment charging both defendants with first-degree armed robbery, N.J.S.A. 2C:15-1(a)(2) (count one); first-degree robbery, N.J.S.A. 2C:15-1(a)(1) (count two); second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 (count three); third-degree hindering one's own apprehension, N.J.S.A. 2C:29-3(b)(1) (count five); and third-degree hindering another's apprehension, N.J.S.A. 2C:29-3(a)(1) (count six). Defendant was ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	79667

1773 /usr/local/share/www/libweb/collections/courts/appellate/a4620-10a4623-10a4625-10a4628-10a0067-11.opn.html -- rank: 833

... brought under the New Jersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 to -23.24 (Spill Act), and The Joint Tortfeasors Contribution Law (JTCL), N.J.S.A. 2A:53A-1 to -5. The New Jersey Department of ... in 1993, pursuant to the Industrial Site Recovery Act (ISRA), N.J.S.A. 13:1K-6 to -18. ISRA was enacted in 1993 ... obligations before selling or otherwise transferring ownership of the property. N.J.S.A. 13:1K-7. To effectuate a stock transaction in 1984 ... the Spill Act and the Water Pollution Control Act (WPCA), N.J.S.A. 58:10A-1 to -43. This 1988 litigation arose from ... protect and preserve the lands and waters of our State. N.J.S.A. 58:10-23.11a. With its passage, the Legislature ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	139513

1774 Henry Sanchez v. Fitness Factory Edgewater, LLC -- rank: 833

... action seeking relief based on the Retail Installment Sales Act, N.J.S.A. 17:16C-1 to -61 (RISA). He contends that the ... chattel mortgage, conditional sales contract, or other similar instrument.” N.J.S.A. 17:16C-1(b). RISA also includes its own definition ... pay the retail purchase price of goods or services.” N.J.S.A. 17:16C-1(b) (emphasis added). RISA also includes a ... the list of examples offered in the second sentence of N.J.S.A. 17:16C-1(b) does not call for a different ... “retail installment contract” need not include a financing arrangement. N.J.S.A. 17:16C-1(b) makes no mention of a financing ... knows how to require financing arrangements in other statutes. Further, N.J.S.A. 17:16C-41 regulates time-price differentials when they ...

docket:	a-93-18
court:	NJ Supreme Court
decided:	2020-05-28
status:
citation:
Document Size:	48239

1775 J.H.R. VS BOARD OF EDUCATION OF THE TOWNSHIP OF EAST BRUNSWICK -- rank: 833

... Act (IDEA), 20 U.S.C.A. ��1400 -1491o and N.J.S.A. 18A:38-1, to be paid for by the Board ... in the federal program. As such, it has enacted legislation, N.J.S.A. 18A:46-1 to -46, and adopted regulations, N.J ... initiated by East Brunswick in the Office of Administrative Law, N.J.S.A. 18A:38-1. The only question should have been which ... J.N., as it has the right to do under N.J.S.A. 18A:38-1, it petitioned the Commissioner, permitted J.N ... are illusory, for there is no fee-shifting provision in N.J.S.A. 18A:38-1. Challenges to a student's domicile, absent ... a one-year limitation period for libel and slander cases N.J.S.A. 2A:14-2 and a six-year provision for ...

docket:	a1605-96
court:	njappellate
decided:	1998-01-20
status:	published
citation:	308 N.J.Super. 100
Document Size:	81912

1776 STATE OF NEW JERSEY v. WALLACE L. PARRISH, -- rank: 833

... Morgan with: count one - first-degree purposeful or knowing murder, N.J.S.A. 2C:11- 3(a)(1) or (2); count two - first-degree armed robbery, N.J.S.A. 2C:15-1; count three - first-degree felony murder, N.J.S.A. 2C:11- 3(a)(3); count four - second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1; count five - second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b); and count six - second-degree ...

docket:	a4993-14
court:	New Jersey Superior Court Appellate Division
decided:	2018-07-24
status:
citation:
Document Size:	53337

1777 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.P D.E. -- rank: 833

... proven all four prongs of the best interests standard under N.J.S.A. 30:4C-15.1(a), the court entered an order ... PROVING BY CLEAR AND CONVINCING EVIDENCE ALL FOUR PRONGS OF N.J.S.A. 30:4C-15.1(a), THE STATUTORY BEST INTERESTS TEST ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] The Division must prove each ... amended only prong two of the best interests standard under N.J.S.A. 30:4C-15.1(a) by deleting the sentence '[s ... the child.' Compare L. 2021, c. 154, § 9 (current N.J.S.A. 30:4C-15.1(a)(2)), with L. 2015, c ... a KLG. Compare L. 2021, c. 154, § 4 (current N.J.S.A. 3B:12A- 6(d)(3)), with L. 2006, c. ...

docket:	a1362-22
court:	NJ Superior Court Appellate Division
decided:	2023-10-19
status:	Unpublished
citation:
Document Size:	51444

1778 NEW JERSEY STEEL CORPORATION V. RUPERT WARBURTON -- rank: 833

... the Uniform Commercial Code (UCC), adopted in New Jersey as N.J.S.A. 12A;3-406 and 4-406. ����In 1984, Rupert Warburton ... ordinary care in paying the checks, it could not invoke N.J.S.A. 12A:4-406 as a defense. In determining damages, the ... respect of the first forged check was time-barred under N.J.S.A. 12A:3-406 and 4-406, that liability removes any ... Midlantic Bank bears the entire loss. 1. The provisions of N.J.S.A. 12A:4-406 are to be read in conjunction with one and other. N.J.S.A. 12A:3-406, a customer who by his own negligence ... Steel for failure to catch the forged maker signatures, under N.J.S.A. 12A:3-406 and 4-406. (pp. 14-19) ...

docket:	a-51-94
court:
decided:	1995-04-12
status:
citation:	139 N.J. 536
Document Size:	46696

1779 STATE OF NEW JERSEY v. DARRYL DAVIS -- rank: 833

... charging defendants with: (1) first-degree conspiracy to commit murder, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:11-3(a)(1) and (2) (count one); (2) two counts of first-degree murder, N.J.S.A. 2C:11-3(a)(1) and (2) (counts two and ... two counts of third-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b) (counts four and six); and (4 ... purpose to use it unlawfully against the person of another, N.J.S.A. 2C:39-4(a) (counts five and seven). Defendants were ... in the heat of passion resulting from a reasonable provocation." N.J.S.A. 2C:11-4(b)(2). This provision codifies the ...

docket:	a1176-09
court:	New Jersey Superior Court Appellate Division
decided:	2012-06-06
status:	Published
citation:
Document Size:	99522

1780 STATE OF NEW JERSEY v. ARUN GAIKWAD, -- rank: 833

... to (1) charge the definition of the word "obtain" in N.J.S.A. 2C:20-30, it is necessary to prove more than ... accessing" a computer system; (5) charge the "affirmative defenses" of N.J.S.A. 2C:20-33 and 283 N.J. Super. 556, 573 ... A. ����Gaikwad asserts that in charging the jury as to N.J.S.A. 2C:20-1f. As of the time of the trial ... time. The judge's charge closely paralleled the language of N.J.S.A. 2C:20-25c and included the statutory definitions for computer theft in N.J.S.A. 2C:20-23. N.J.S.A. 2C:20-1f. Gaikwad contends that "[t]his is ...

docket:	a4341-99
court:	njappellate
decided:	2002-03-11
status:	published
citation:	349 N.J. Super. 62
Document Size:	50438

1781 DIVISION OF YOUTH AND FAMILY SERVICES v. N.O IN THE MATTER OF THE GUARDIANSHIP OF R.C.C -- rank: 833

... 103 N.J. 591 , 604-10 (1986), and codified in N.J.S.A. 30:4C-15.1(a). The determination was memorialized in ... 308 N.J. Super. at 383. The State Constitution and N.J.S.A. 30:4C-15(c) and 15.1(a) require satisfaction ... Div. 2001) . Specifically, the four-prong test set forth in N.J.S.A. 30:4C-15.1(a) requires DYFS to prove: (1 ... 161 N.J. at 354. "Reasonable efforts" are defined in N.J.S.A. 30:4C-15.1(c) as including: (1) consultation and ... 419 N.J. Super. 568 , 579 (App. Div. 2011) (citing N.J.S.A. 3B:12A-1(b), -6(d)(3)). However, "kinship legal ... not as strong, that evidence will satisfy the requirement of N.J.S.A. 30:4C-15.1(a)(4)." Id. at 363. ...

docket:	a5153-09
court:	NJ Superior Court Appellate Division
decided:	2011-11-02
status:	unpublished
citation:
Document Size:	57113

1782 FIFTH THIRD EQUIPMENT FINANCE COMPANY, v. DIRECTOR, DIVISION OF TAXATION, -- rank: 833

... operating losses (NOL) from tax years 1999-2002 pursuant to N.J.S.A. 54:10A-4(k)(6)(E) (hereinafter Subparagraph E). This ... light of the entire NOL carryover scheme set forth in N.J.S.A. 54:10A-4(k)(6), Taxation is correct that Subparagraph ... in-time sequence of using an NOL carryover specified in N.J.S.A. 54:10A-4(k)(6)(B) for purposes of applying ... the entire net income (ENI) earned in those successive years. N.J.S.A. 54:10A-4(k)(6)(A) (“there shall be ... is seven years “following the period of loss.” N.J.S.A. 54:10A-4(k)(6)(B). There can be no ... ENI over the seven-year period is set forth in N.J.S.A. 54:10A-4(k)(6)(B). The “entire ...

docket:	13380-18
court:	NJ Tax Court
decided:	2021-02-23
status:	Published
citation:
Document Size:	75885

1783 ANASIA MAISON v. NJ TRANSIT CORP -- rank: 833

... were immune under the Tort Claims Act (TCA or Act), N.J.S.A. 59:1-1 to 59:12-3. Another Law Division ... provide police protection under the New Jersey Tort Claims Act, N.J.S.A. 59:5-4." Plaintiff filed a timely motion for reconsideration ... argued there might be another basis for liability. Defendants argued N.J.S.A. 59:5-4 barred suit. The second judge responded that ... review the principles of the TCA and our interpretation of N.J.S.A. 59:5-4. In 1972, the Legislature adopted the TCA ... in accordance with the fair and uniform principles established herein." N.J.S.A. 59:1-2. "[I]mmunity for public entities is the ... v. N.J. Transit , 176 N.J. 185 , 194 (2003). N.J.S.A. 59:5-4 provides that "[n]either a public ...

docket:	a1761-14
court:	NJ Superior Court Appellate Division
decided:	2015-07-06
status:	unpublished
citation:
Document Size:	46710

1784 IN THE MATTER OF THE APPLICATION OF PSEG NUCLEAR, LLC -- rank: 833

... Salem County nuclear power plants pursuant to the ZEC Act, N.J.S.A. 48:3-87.3 to -87.7. Enacted in 2018 ... plants based on certain A-2518-20 3 criteria. See N.J.S.A. 48:3-87.5(e). Participants are required to reapply ... reduced payment would not trigger the plant's closure. See N.J.S.A. 48:3-87.5(j)(3)(a). With their applications ... of Rate Counsel (Rate Counsel) participated as of right, see N.J.S.A. 52:27EE-48, and opposed the ZEC awards before the ... in the program.'' Id. at 162 (alterations in original) (quoting N.J.S.A. 48:3-87.4). If selected, a plant 'shall receive ... hours of electricity that it produced in [an] energy year,' N.J.S.A. 48:3-87.5(g)(2), i.e., 'the ...

docket:	a2518-20
court:	NJ Superior Court Appellate Division
decided:	2023-12-04
status:	Unpublished
citation:
Document Size:	53279

1785 PASQUALE FALCETTI, JR v. WATERFRONT COMMISSION OF NEW YORK HARBOR -- rank: 833

... 1953, c. 202, c. 203; Waterfront Commission Act (the Act), N.J.S.A. 32:23-1 to -228.3 '[T]he primary purpose ... January 16, 2018, by L. 2017, c. 324, which: repealed N.J.S.A. 32:23-1 to -225; continued in effect only N.J.S.A. 32:23-226 to -228; and added new provisions, N.J.S.A. 32:23-229 to -230 and N.J.S.A. 53:2-8 to -36, that, in pertinent part, transferred ... to constitute a danger to the public peace or safety.' N.J.S.A. 32:23-29(c). The Commission also may deny ...

docket:	a5589-18
court:	NJ Superior Court Appellate Division
decided:	2021-08-23
status:	Unpublished
citation:
Document Size:	61675