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2341 STATE OF NEW JERSEY v. LEE JOHNSON -- rank: 828
... with: conspiracy to commit armed robbery in the first degree, N.J.S.A. 2C:15-1 and N.J.S.A. 2C:5-2; purposeful or knowing murder, N.J.S.A. 2C:11-3a(1) or N.J.S.A. 2C:11-3a(2); causing the death of another during the commission of an armed robbery (felony murder), N.J.S.A. 2C:11-3a(3); three counts of first degree armed robbery, N.J.S.A. 2C:15-1; five counts of attempted murder, N. ...
docket: a6330-06
court: New Jersey Superior Court Appellate Division
decided: 2010-04-09
status: Published
citation:
Document Size: 69202
2342 NANCY L. HOLM v. DANIEL M. PURDY -- rank: 828
... a compensable injury under the Workers' Compensation Act, (the Act), N.J.S.A. 34:15-1 to -128. The judge found that Purdy ... limited liability company is an entity distinct from its members.' N.J.S.A. 42:2C-4(a). See also Touch of Class Leasing ... or renewed, to obtain coverage for the' LLC's members. N.J.S.A. 34:15-36. '[T]he election may only be made ... no damages because of the lack of coverage. We agree. N.J.S.A. 34:15-36 imposes a non-waivable duty on an ... availability of workers' compensation coverage for . . . [LLC] members or partners.' N.J.S.A. 34:15-36. The application must also 'contain a notice ... Christopher, the new LLC members, with notice as required under N.J.S.A. 34:15-36 and failed to inform them that ...
docket: a1529-19
court: NJ Superior Court Appellate Division
decided: 2021-07-16
status: Unpublished
citation:
Document Size: 66138
2343 DIVISION OF CHILD PROTECTION AND PERMANENCY v. B.W. -- rank: 828
... order to the extent it dismissed DCPP's Title Nine, N.J.S.A. 9:6-8.21 to -8.73, complaint as to ... evidence that Alice was an abused or neglected child under N.J.S.A. 9:6-8.21(c)(4) because Mother failed to ... DCPP proved Alice was an abused or neglected child under N.J.S.A. 9:6-8.21(c)(1) because Mother inflicted injuries ... determined Alice and Anthony were abused or neglected children under N.J.S.A. 9:6-8.21(c)(4)(a) because Mother failed ... Anthony, Ralph, and Rebecca were abused or neglected children under N.J.S.A. 9:6-8.21(c)(4) because Mother exposed them ... court's finding that she abused or neglected Alice under N.J.S.A. 9:6-8.21(c)(4) by unreasonably inflicting ...
docket: a5784-14
court: NJ Superior Court Appellate Division
decided: 2017-05-18
status: unpublished
citation:
Document Size: 55731
2344 Roy Steinberg, Ph.D. v. Sahara Sam’s Oasis, LLC -- rank: 828
... of the Carnival-Amusement Rides Safety Act (the Safety Act), N.J.S.A. 5:3-31 to -59, the evidence in the summary ... of the Carnival-Amusement Rides Safety Act (the Safety Act), N.J.S.A. 5:3-31 to -59. Plaintiff claims that Sahara Sam ... and “all rides of essentially the same design.” N.J.S.A. 5:3-32(j). Based on the information received from ... of the Carnival-Amusement Rides Safety Act (the Safety Act), N.J.S.A. 5:3-31 to -59, standing alone, gives rise to ... Safety Act and the regulations promulgated pursuant to the Act. N.J.S.A. 5:3-38. The Safety Act provides for administrative sanctions ... more than $5,000 per day for each violation.” N.J.S.A. 5:3-54. The DCA is also empowered “ ...
docket: a-41-14
court: New Jersey Supreme Court
decided: 2016-08-23
status:
citation:
Document Size: 84462
2345 division OF YOUTH AND FAMILY SERVICES v. P.A., R.S. and A.J -- rank: 828
... 29, 2006, the trial court entered an order, pursuant to N.J.S.A. 30:4C-11.3, which relieved the Division of the ... presence of all four prongs of the test contained in N.J.S.A. 30:4C-15.1a. The applicable standard of appellate review ... termination was required. In reaching his decision, Judge Callahan applied N.J.S.A. 30:4C-15.1a, which requires that, in order to ... harm" that has endangered the child's health and development. N.J.S.A. 30:4C-15.1a(2). Parental unfitness may be demonstrated ... the home," as well as consideration of "alternatives to termination." N.J.S.A. 30:4C-15.1a(3). We consider these two aspects ... s progress, development and health; and (4) facilitating appropriate visitation. [ N.J.S.A. 30:4C-15.1c.] The "reasonableness" of the Division' ...
docket: a4345-07
court: New Jersey Superior Court Appellate Division
decided: 2009-11-17
status: Published
citation:
Document Size: 71308
2346 ROY M. VICTOR Cross- v. STATE OF NEW JERSEY NEW JERSEY -- rank: 828
... in violation of the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49. Plaintiff's complaint included an ... LAD prohibits employment discrimination on the basis of a disability. N.J.S.A. 10:5-4.1 to -29.1; Potente v. County ... in determinations pursuant to the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -8, which contains the phrase "adverse ... willful indifference). Pursuant to the Punitive Damages Act (the PDA), N.J.S.A. 2A:15-5.9 to -17, punitive damages can be ... who foreseeably might be harmed by those acts or omissions. [ N.J.S.A. 2A:15-5.12(a).] Punitive damages are available only ... reckless indifference to the consequences of such act or omission." N.J.S.A. 2A:15-5.10. Keeping these principles in mind, ...
docket: a6001-05
court: njappellate
decided: 2008-07-24
status: published
citation: 401 N.J.Super. 596
Document Size: 87784
2347 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.S. -- rank: 828
... s (Division) proofs under the best interests test, defined in N.J.S.A. 30:4C-15.1(a). The Division and Law Guardian ... of her parental rights violates the Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49, and the Americans with Disabilities ... s proofs under each of the four prongs delineated in N.J.S.A. 30:4C-15.1(a), 11 and concluded the Division ... decision met the legal standards set forth in Title 9, N.J.S.A. 9:6-8.21 to -8.73, 14 which is ... of Human Servs. , 157 N.J. 161 , 171 (1999) (quoting N.J.S.A. 9:6-8.8), but also children who are at ... danger of impairing the child's physical or mental health. N.J.S.A. 9:6-8.21(c)(4). Where the conditions ...
docket: a4101-13
court: NJ Superior Court Appellate Division
decided: 2015-03-04
status: unpublished
citation:
Document Size: 60348
2348 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.A and E.M -- rank: 828
... to prove the four prongs of the best interests standard , N.J.S.A. 30:4C-15.1(a)(1) to (4), by clear ... A. Has Not Harmed Her Children Within The Meaning Of [ N.J.S.A.] 30:4C-15.1a(1). B. The Trial Court's ... only be granted if the following four prongs enumerated in N.J.S.A. 30:4C-15.1(a) are established by clear and ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a)(1)-(4).] 'The four criteria ... 506-07 (2004)). '[T]he cornerstone of the inquiry [under N.J.S.A. 30:4C-15.1(a)] is not whether the biological ... or will continue to be endangered by the parental relationship[.]' N.J.S.A. 30:4C-15.1(a)(1). The first prong ...
docket: a5268-17
court: NJ Superior Court Appellate Division
decided: 2020-02-06
status: Unpublished
citation:
Document Size: 67939
2349 STATE OF NEW JERSEY v. GERARD E. MAZZARA -- rank: 828
... April 11, 2019 third conviction for driving while intoxicated (DWI), N.J.S.A. 39:4-50, defendant Gerard E. Mazzara filed a 'PETITION ... incarceration, for second and subsequent DWI offenses as required by N.J.S.A. 39:4-50(c). The Paterson Municipal Court denied what ... 17, 2017, a conviction for a first DWI offense under N.J.S.A. 39:4- 50(a)(1)(i) and (ii) did not ... was required only for second and subsequent DWI convictions under N.J.S.A. 39:4-50(a)(2) and (3). See ibid. N.J.S.A. 39:4-50(a) was amended effective December 1, 2019 ... 2021) (slip op. at 16) (holding the 2019 amendments to N.J.S.A. 59:4-50(a) apply only to offenses committed ' ...
docket: a5605-18
court: NJ Superior Court Appellate Division
decided: 2021-12-20
status: Unpublished
citation:
Document Size: 46532
2350 STATE OF NEW JERSEY v. BASIM HENRY -- rank: 828
... Thompson, and defendant with second-degree conspiracy to commit carjacking, N.J.S.A. 2C:5-2, 2C:15-2(a) (count one); first-degree carjacking, N.J.S.A. 2C:15-2(a)(2) (count two); first-degree felony murder, N.J.S.A. 2C:11-3(a)(3) (count three); first-degree murder, N.J.S.A. 2C:11-3(a)(1) (count four); second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b) (count five); and, second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a) (count six). On the same ...
docket: a4619-16
court: NJ Superior Court Appellate Division
decided: 2020-04-21
status: Unpublished
citation:
Document Size: 57173
2351 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. P.A., R.S. and A.J IN THE MATTER OF THE GUARDIANSHIP OF A.L.M.S., D.J.R.J. and T.R.S -- rank: 828
... 29, 2006, the trial court entered an order, pursuant to N.J.S.A. 30:4C-11.3, which relieved the Division of the ... presence of all four prongs of the test contained in N.J.S.A. 30:4C-15.1a. The applicable standard of appellate review ... termination was required. In reaching his decision, Judge Callahan applied N.J.S.A. 30:4C-15.1a, which requires that, in order to ... harm" that has endangered the child's health and development. N.J.S.A. 30:4C-15.1a(2). Parental unfitness may be demonstrated ... the home," as well as consideration of "alternatives to termination." N.J.S.A. 30:4C-15.1a(3). We consider these two aspects ... s progress, development and health; and (4) facilitating appropriate visitation. [ N.J.S.A. 30:4C-15.1c.] The "reasonableness" of the Division' ...
docket: a3757-07
court: New Jersey Superior Court Appellate Division
decided: 2009-11-17
status: unpublished
citation:
Document Size: 72972
2352 STATE OF NEW JERSEY VS. ROBERT W. SMITH -- rank: 828
... convicted defendant of two counts of first-degree attempted murder, N.J.S.A. 2C:5-1(a)(1) and N.J.S.A. 2C:11-3(a)(1); second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b)(1); fourth-degree possession of a defaced handgun, N.J.S.A. 2C:39-3(d); fourth-degree possession of hollow nose bullets, N.J.S.A. 2C:39-3(f)(1); and second-degree possession of a handgun for an unlawful purpose, N.J.S.A. 2C:39-4(a)(1). The same jury, in ...
docket: a1650-21
court: appellate
decided: 2024-05-03
status: Unpublished
citation:
Document Size: 39637
2353 /usr/local/share/www/libweb/collections/courts/appellate/a3133-16a0635-17.opn.html -- rank: 828
... Division charged the mother with child abuse and neglect under N.J.S.A. 9:6-8.21(c)(4)(b). A fact finding ... possible death.'' A.L., 213 N.J. at 18 (quoting N.J.S.A. 9:6-8.8(a)). 'The law's 'paramount concern ... who has suffered harm or faces imminent danger.' Ibid. (citing N.J.S.A. 9:6-8.21(c)(4)). A court's finding ... the evidence when the proof is considered in its totality. N.J.S.A. 9:6-8.46(b)(1). '[I]n child abuse ... 6 A-3133-16T2 by clear and convincing evidence. See N.J.S.A. 30:4C-15.1(a); N.J. Div. of Youth ... for a termination case). Abuse and neglect, as defined by N.J.S.A. 9:6-8.21(c), occurs when: a child ...
docket:
court: NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size: 34613
2354 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. C.H. -- rank: 828
... sought care, custody and supervision of the child, pursuant to N.J.S.A. 9:6-8.21 and N.J.S.A. 30:4C-12. A hearing on the order to show ... Servs. v. G.M. , 198 N.J. 382 , 398 (2009); N.J.S.A. 9:6-8.44, -8.46(b). At the conclusion of the fact-finding hearing, under N.J.S.A. 9:6-8.50(c), the court has the option ... which places the safety of children as the paramount concern. N.J.S.A. 9:6-8.8, and -8.21 to -8.73 ... v. P.W.R. , 205 N.J. 17 , 31 (2011). N.J.S.A. 9:6-8.21 defines an "[a]bused or ...
docket: a5642-09
court: NJ Superior Court Appellate Division
decided: 2012-08-23
status: published
citation: 428 N.J.Super. 40 50 A.3d 93
Document Size: 78532
2355 CASINO REINVESTMENT DEVELOPMENT AUTHORITY v. CHARLES BIRNBAUM -- rank: 828
... CRDA, in, but not of, the Department of the Treasury. N.J.S.A. 5:12-153. See In re Plan for Abolition of ... The statutory purposes of the agency are set forth at N.J.S.A. 5:12-160, and include 'directly facilitat[ing] the redevelopment of existing blighted areas,' N.J.S.A. 5:12-160(a), and 'encourag[ing] investment in, or ... of a comprehensive plan to improve blighted or redevelopment areas . . . .' N.J.S.A. 5:12-160(k). New Jersey courts have recognized that ... of the [CRDA] is to manage the proceeds received under N.J.S.A. 5:12-144.1 and 5:12- 162 and to ... 224 N.J. Super. 316, 323 (App. Div. 1988) (citing N.J.S.A. 5:12-160 and 5:12-161); see also ...
docket: a0019-16
court: NJ Superior Court Appellate Division
decided: 2019-02-15
status: Published
citation: 458 N.J.Super. 173 203 A.3d 939
Document Size: 56450
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