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2476 STATE OF NEW JERSEY v. ANTOINE F. WALKER -- rank: 828

... month period of parole ineligibility, pursuant to the Graves Act, N.J.S.A. 2C:43-6(c). We affirm. I. We discern the ... Walker was indicted and charged with fourth-degree aggravated assault, N.J.S.A. 2C:12-1(b)(4) (count one); second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a) (count two); second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b) (count three); third-degree terroristic threats, N.J.S.A. 2C:12-3(a) or (b) (count four); and fourth-degree resisting arrest, N.J.S.A. 2C:29-2(a) (count five). Walker returned to ...

docket:	a3026-12
court:	NJ Superior Court Appellate Division
decided:	2015-07-21
status:	unpublished
citation:
Document Size:	82015

2477 Canterbury at Cedar Grove, LLC v. Cedar Grove Township -- rank: 828

... of New Jersey under a certificate of need program. See N.J.S.A. 26:2H-1 to -26, the Health Care Facilities Planning ... services, including residents who require formal long-term care.” N.J.S.A. 26:2H-7.15. Moreover, an “[a]ssisted living ... in 2016, our Legislature enacted the Dementia Care Home Act, N.J.S.A. 26:2H- 148 to -157 (the “DCHA”). The DCHA ... daily living, or assistance in obtaining health care services.” N.J.S.A. 26:2H-150(b) (emphasis added). The DCHA provides that ... of New Jersey under a certificate of need program. See N.J.S.A. 26:2H-1 to -26; N.J.S.A. 26:2H-47 to -52; N.J.A.C. ...

docket:	003975-16
court:	NJ Superior Court Appellate Division
decided:	2023-02-06
status:	Unpublished
citation:
Document Size:	160382

2478 ALDINE STOLL VS. CUMBERLAND COUNTY -- rank: 828

... immunity as provided in the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 to -12-3 (TCA), specifically N.J.S.A. 59:5-2(c). We affirm, albeit for different reasons ... liability and asserted several affirmative defenses, including discretionary immunity under N.J.S.A. 59:2-3, good faith immunity under N.J.S.A. 59:3-3, and any other applicable 'procedural and substantive ... a law enforcement officer's pursuit of a person' under N.J.S.A. 59:5-2, and for any 'acts in good faith in the execution or enforcement of any law' under N.J.S.A. 59:3-3. The court granted defendant's summary ...

docket:	a3457-22
court:	appellate
decided:	2024-05-17
status:	Unpublished
citation:
Document Size:	41423

2479 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. S.A. and S.A. -- rank: 828

... from an order of the Family Part entered pursuant to N.J.S.A. 30:4C-15.1, which terminated their parental rights to ... has been recognized and is embodied in our statutes. See N.J.S.A. 30:4C-15(f). Our statutes provide that where a ... months, a guardianship complaint must be filed. Ibid. In addition, N.J.S.A. 30:4C-15.2 provides that the final hearing for ... K.H.O. , 161 N.J. 337 , 347 (1999). Under N.J.S.A. 30:4C-15.1(a), DYFS can initiate a petition ... and delay in permanent placement will add to the harm. N.J.S.A. 30:4C-15.1(a)(2). To support this finding ... 161 N.J. at 353. "Reasonable efforts" are defined in N.J.S.A. 30:4C-15.1(c) as including but not ...

docket:	a0952-07
court:	New Jersey Superior Court Appellate Division
decided:	2008-10-30
status:	unpublished
citation:
Document Size:	125433

2480 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. S.H. -- rank: 828

... where she has remained ever since. After initiating Title 9, N.J.S.A. 9:6-8.21 to -8.73, litigation against both ... against C.H., DYFS began guardianship proceedings under Title 30, N.J.S.A. 30:4C-11 to -14. Those proceedings culminated in an ... register as a sex offender pursuant to Megan's Law, N.J.S.A. 2C:7-1 to -19, and was under community supervision ... evidence the four-prong, best interests standard set forth in N.J.S.A. 30:4C-15.1(a). He entered an order terminating ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a); see also In re Guardianship ... ascertain whether the evidence fulfills the best interests standard of N.J.S.A. 30:4C-15.1(a)."). Regarding C.H., there ...

docket:	a2895-08
court:	New Jersey Superior Court Appellate Division
decided:	2010-07-19
status:	unpublished
citation:
Document Size:	86923

2481 Henry Keim v. Above All Termite Pest Control -- rank: 828

... car accident occurred “in the course of employment” under N.J.S.A. 34:15-36’s “authorized vehicle rule” and is ... and limiting the scope of employment. Notably, the Legislature amended N.J.S.A. 34:15-36 to define when “employment” under the ... and ends each day. (pp. 9-11) 2. As amended, N.J.S.A. 34:15-36 sets forth four distinct rules that govern ... of a vehicle on business authorized by the employer.” N.J.S.A. 34:15-36 (emphases added). The “authorized vehicle rule� ... the plain language of the “authorized vehicle rule” in N.J.S.A. 34:15-36, an employee is “in the course ... not consider whether any of the other rules established in N.J.S.A. 34:15-36 are applicable here. (pp. 18-20) ...

docket:	a-30-22
court:	NJ Superior Court Appellate Division
decided:	2023-11-21
status:
citation:
Document Size:	41989

2482 STATE OF NEW JERSEY v. JAMIRE D. WILLIAMS -- rank: 828

... Tyshon Kelly with second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b) (count one), and fourth- A-5229-18 2 degree possession of a prohibited weapon, N.J.S.A. 2C:39-3(f) (count two).1 Williams also was charged in count three with fourth-degree resisting arrest, N.J.S.A. 2C:29-2(a). The charges ensued from a motor ... with unlawful possession of less than fifty grams of marijuana, N.J.S.A. 2C:35- - 10(a)(4). A disorderly persons offense at ... seven and one-half years pursuant to the Graves Act, N.J.S.A. 2C:43-6(c), on the weapons charge and a ... instruction on the possession of a firearm in a vehicle, N.J.S.A. 2C:39-2, 'is constitutionally infirm' because it lessens ...

docket:	a5229-18
court:	NJ Superior Court Appellate Division
decided:	2021-12-23
status:	Unpublished
citation:
Document Size:	73202

2483 COUNTY OF MONMOUTH V. COMMUNICATIONS OF WORKERS OF AMERICA -- rank: 828

... binding arbitration. Cases decided prior to a recent amendment to N.J.S.A. 34:13A-5.3 indicate that it may not. See ... a minor grievance as one of "five days or less." N.J.S.A. 11A:2-14 and 16. I. The Cases Presented ����In ... law interpreting the relevant statutes before the recent amendment to N.J.S.A. 34:13A-5.3 states clearly that PERC should not ... Supreme Court's interpretation of the 1982 "discipline amendment" to N.J.S.A. 34:13A-5.3, L. 1982, c. 103, which is part of the New Jersey Employer-Employee Relations Act, N.J.S.A. 34:13A-1 to -29. Although all of the PERC ... the law in light of this change. ����As originally enacted, N.J.S.A. 34:13A-5.3 required public employers to negotiate ...

docket:	a3476-94
court:	njappellate
decided:	1997-04-22
status:	published
citation:	300 N.J.Super. 272
Document Size:	71119

2484 CONCERNED CITIZENS OF LIVINGSTON v. TOWNSHIP OF LIVINGSTON -- rank: 828

... three counts, alleging violation of: (1) the notice requirements of N.J.S.A. 40:55D-62.1; (2) the prohibition on spot 4 ... zoning; and (3) the New Jersey Civil Rights Act (CRA), N.J.S.A. 10:6-2. The trial court granted plaintiff's request ... fatally deficient. The notice generally required is set forth in N.J.S.A. 40:49- 2(a), which provides that, after the first ... were available at the clerk's office. This complied with N.J.S.A. 40:49-2(a). However, the trial court found that ... J. Super. 319 (App. Div. 2007), 'the notice provisions of N.J.S.A. 40:55D-62.1 [we]re triggered, requiring certified mail ... affected zones.' We agree. The Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 to -163, imposes additional notice requirements ...

docket:	a4171-15
court:	NJ Superior Court Appellate Division
decided:	2018-06-11
status:	unpublished
citation:
Document Size:	107734

2485 DOCKET NO. A-3097-10T2 A-3528-10T2 FOURTEEN FLORENCE STREET CORPORATION, a New Jersey Corporation MECCA & SON TRUCKING COMPANY, INC a New Jersey Corporation and HELEN MECCA v. ARMENIA COFFEE CORP., a New Jersey Corporation, REGAL TRADING, INC., -- rank: 828

... conveyance under New Jersey's Uniform Fraudulent Transfer Act (UFTA), N.J.S.A. 25:2-20 to -34. They contend that the court ... the debtor's ability to pay as they become due. [ N.J.S.A. 25:2-25.] Thus, transfers are fraudulent as to a ... codified eleven badges of fraud: In determining actual fraud under [ N.J.S.A. 25:2-25(a)] consideration may be given, among other ... who transferred the assets to an insider of the debtor. [ N.J.S.A. 25:2-26.] Courts attempting to determine actual intent to defraud must balance the factors listed in N.J.S.A. 25:2-26, as well as weigh any other factors ... orchestrated the execution on those assets, was unquestionably an insider. N.J.S.A. 25:2-22(b)(1) and (3) (defining "insider"). ...

docket:	a3097-10
court:	New Jersey Superior Court Appellate Division
decided:	2013-07-11
status:	Published
citation:
Document Size:	93521

2486 STATE OF NEW JERSEY v. E.R.-L -- rank: 828

... defendant, charging him with: (1) first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a); (2) second-degree 1 We identify ... 38-3(c)(9). A-3188-18 2 sexual assault, N.J.S.A. 2C:14-2(b); (3) second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a)(1); and (4) fourth-degree diseased person committing an act of sexual penetration, N.J.S.A. 2C:34-5(a).2 Each of the charges in ... testify at trial by closed circuit television (CCTV) pursuant to N.J.S.A. 2A:84A-32.4 (allowing CCTV testimony at trial 'if ... 18 7 At sentencing, the judge found aggravating factor two, N.J.S.A. 2C:44- 1(a)(2) ('[t]he gravity and ...

docket:	a3188-18
court:	NJ Superior Court Appellate Division
decided:	2021-12-02
status:	Unpublished
citation:
Document Size:	51345

2487 COUNTY OF MONMOUTH V. COMMUNICATIONS OF WORKERS OF AMERICA -- rank: 828

... binding arbitration. Cases decided prior to a recent amendment to N.J.S.A. 34:13A-5.3 indicate that it may not. See ... a minor grievance as one of "five days or less." N.J.S.A. 11A:2-14 and 16. I. The Cases Presented ����In ... law interpreting the relevant statutes before the recent amendment to N.J.S.A. 34:13A-5.3 states clearly that PERC should not ... Supreme Court's interpretation of the 1982 "discipline amendment" to N.J.S.A. 34:13A-5.3, L. 1982, c. 103, which is part of the New Jersey Employer-Employee Relations Act, N.J.S.A. 34:13A-1 to -29. Although all of the PERC ... the law in light of this change. ����As originally enacted, N.J.S.A. 34:13A-5.3 required public employers to negotiate ...

docket:	a4698-94
court:	njappellate
decided:	1997-04-22
status:	published
citation:	300 N.J.Super. 272
Document Size:	71119

2488 STATE OF NEW JERSEY v. GREGORY VOZEH -- rank: 828

... BAC) was 0.16, twice the legal limit set by N.J.S.A. 39:4-50(a). Accordingly, he was charged with driving ... Miranda2 rights, and read him the Attorney General's Standard N.J.S.A. 39:4-50.2(e) form.3 While Gansel was ... used to initiate a 9-1-1 call.' Ibid. (citing N.J.S.A. 52:17C-10(a)). Further, 'false reporting of emergencies,' explicitly ... to 9-1-1, is criminalized. Id. at 219 (citing N.J.S.A. 2C:33-3(e)). These factors lend 9-1-1 ... 1998) (citations omitted). A-1558-21 26 A person violates N.J.S.A. 39:4-50(a) when they 'operate[] a motor vehicle ... person has been operating a motor vehicle in violation of [N.J.S.A. 39:4-50].' N.J.S.A. 39:4- ...

docket:	a1558-21
court:	NJ Superior Court Appellate Division
decided:	2023-07-07
status:	Unpublished
citation:
Document Size:	65075

2489 /usr/local/share/www/libweb/collections/courts/appellate/a2552-19.opn.html -- rank: 828

... third-degree possession of a controlled dangerous substance (CDS) (heroin), N.J.S.A. 2C:35-10(a)(1) (counts one and eight); third-degree distribution of CDS (heroin), N.J.S.A. 2C:35-5(a)(1) and (b)(3) (count two ... distribution of CDS (heroin) within 1000 feet of school property, N.J.S.A. 2C:35-7(a) (count three); second-degree distribution of CDS (heroin) within 500 feet of a public park, N.J.S.A. 2C:35-7.1(a) (count four); third-degree possession of CDS (heroin) with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and A-2552-19 2 ... with intent to distribute within 1000 feet of school property, N.J.S.A. 2C:35-7(a) (counts six and ten); third- ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	59929

2490 /usr/local/share/www/libweb/collections/courts/tax/08253-13.opn.html -- rank: 828

... GIT for income taxed by another state set forth in N.J.S.A. 54A:4-1(c). For the following reasons, defendant’s ... around the interpretation and application of the relevant GIT statute, N.J.S.A. 54A:4-1 and in particular the limitation of subsection ... in the shareholder’s return whether or not actually distributed. N.J.S.A. 54A:5-9. Thus, although an S corporation is not ... income earned, regardless of the source of the income. See N.J.S.A. 54A:5-1. In order to minimize or avoid double ... subject to tax in the same year in another state, N.J.S.A. 54A:4-1 permits a resident taxpayer a credit against ... other jurisdiction bears to his entire New Jersey income.” N.J.S.A. 54A:4-1(b). Thus the limitation on the ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	44756