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2521 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:	a0415-09
court:	New Jersey Superior Court Appellate Division
decided:	2010-07-19
status:	unpublished
citation:
Document Size:	86923

2522 STATE OF NEW JERSEY v. DEREK J. MCDONOUGH -- rank: 828

... No. 10-04-441 1 with second-degree sexual assault, N.J.S.A. 2C:14-2(c)(4) (count one); second-degree luring, N.J.S.A. 2C:13-6 (count two); third-degree endangering the welfare of a minor, N.J.S.A. 2C:24-4(a) (count three); fourth-degree criminal sexual contact, N.J.S.A. 2C:14-3(b) (count four); second-degree endangering the welfare of a minor, N.J.S.A. 2C:24-4(b)(3) (count five); third-degree promoting obscene material, N.J.S.A. 2C:34-3(b)(1) (count six); and third- ...

docket:	a0525-12
court:	superior court trial
decided:	2015-03-05
status:	unpublished
citation:
Document Size:	68678

2523 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. N.S.,1 and R.D., P.B., M.B., B.B., P.G and O.S -- rank: 828

... violence to continue in their presence within the meaning of N.J.S.A. 9:6-8.21(c)(1), (2) and (4)(b ... on December 7, 2018, the Division filed a complaint under N.J.S.A. 9:6-8.21 and N.J.S.A. 30:4C-12 against N.S. and R.D. for ... from the home without a court order as authorized by N.J.S.A. 9:6-8.29 of the Dodd Act, N.J.S.A. 9:6-8.21 to -8.82. A-3821-19 ... S. abused and neglected Zeke and Zara in violation of N.J.S.A. 9:6-8.21(c)(1), (2), and (4)( ...

docket:	a3821-19
court:	NJ Superior Court Appellate Division
decided:	2021-10-05
status:	Unpublished
citation:
Document Size:	35513

2524 Middletown Township PBA Local 124 v. Township of Middletown -- rank: 828

... the Court must determine the meaning of certain language in N.J.S.A . 40A:10-23 (section 23), a statute that authorizes the ... Supreme Court granted the Township’s petition for certification. HELD: N.J.S.A. 40A:10-23 grants municipalities discretion to assume the cost ... consolidated appeals is the meaning of the following language in N.J.S.A. 40A:10-23, a statute authorizing the discretionary grant of ... and set forth in an ordinance or resolution as appropriate . . . . [ N.J.S.A. 40A:10-23.] Here, the Township of Middletown challenges an ... government service credits. The Township’s primary thrust is that N.J.S.A. 40A:10-23 requires a resolution or an ordinance to ... disagreed and confirmed the award and the Appellate Division affirmed. N.J.S.A. 40A:10-23 grants municipalities discretion to assume the ...

docket:	a-98-06
court:
decided:	2007-12-03
status:
citation:	193 N.J. 1
Document Size:	75321

2525 State v. Kassey Benjamin -- rank: 828

... other defendants were granted waivers of the mandatory minimum penalty. N.J.S.A. 2C:39-4(a), which is subject to the mandatory ... and impose either probation or a reduced mandatory custodial term. N.J.S.A. 2C:43-6.2 (section 6.2). As a first ... filed a request under the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, for various documents, including police ... and impose either probation or a reduced mandatory custodial term. N.J.S.A. 2C:43-6.2 (section 6.2). In this case ... second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a), which is subject to the mandatory ... filed a request under the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, for various documents, including ...

docket:	A-43-15
court:	NJ Supreme Court
decided:	2017-04-05
status:
citation:	228 N.J. 358 157 A.3d 427
Document Size:	73914

2526 /usr/local/share/www/libweb/collections/courts/appellate/a4308-18.opn.html -- rank: 828

... PER CURIAM In this New Jersey Tort Claims Act (TCA), N.J.S.A. 59:1-1 to 12-3, negligence lawsuit arising from ... 2003), NJT was not liable for Williams' bike accident under N.J.S.A. 59:4-2. The statute provides: A public entity is ... establish a prima facie case of dangerous condition liability under N.J.S.A. 59:4-2 by proving the following five elements: 1 ... property is used with due care in a foreseeable manner. N.J.S.A. 59:4-2; N.J.S.A. 59:4-1(a). 2. . . . Notice that the alleged defect ... his/her inaction, allowed the dangerous condition to be created. N.J.S.A. 59:4-2; N.J.S.A. 59:4- ...

docket:
court:
decided:
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citation:
Document Size:	49360

2527 Piermount Iron Works, Inc. v. Evanston Insurance Company -- rank: 828

... Jersey] . . . may be placed” through operation of surplus lines law, N.J.S.A. 17:22-6.40 to -6.69 (surplus lines law). See N.J.S.A. 17:22-6.41; see also N.J.S.A. 17:22-6.42 (setting conditions for allowing surplus lines ... the Commissioner of the Department of Banking and Insurance. See N.J.S.A. 17:29C-1. The Commissioner is authorized to direct, by ... whether an insurance coverage is eligible “for export”, see N.J.S.A. 17:22-6.43, and to declare that an unauthorized ... eligible to receive New Jersey surplus lines insurance business, see N.J.S.A. 17:22-6.45, through specially licensed surplus lines ...

docket:	a-19-08
court:
decided:	2001-03-13
status:
citation:	197 N.J. 432
Document Size:	72277

2528 STATE OF NEW JERSEY v. QUINNIZEL J. CLARK -- rank: 828

... under indictment number 17- 01-0033 with first-degree murder, N.J.S.A. 2C:11-3(a)(1) and 2C:11-3(a ... second-degree possession of a handgun for an unlawful purpose, N.J.S.A. 2C:39-4(a)(1) (count two); and second-degree unlicensed possession of a handgun, N.J.S.A. 2C:39-5(b)(1) (count three). Prior to trial ... subject to the requirements of the No Early Release (NERA), N.J.S.A. 2C:43-7.2. This appeal followed. A-2755-17T1 ...

docket:	a2755-17
court:	NJ Superior Court Appellate Division
decided:	2020-12-01
status:	Unpublished
citation:
Document Size:	83292

2529 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. D.L and M.D -- rank: 828

... not necessary to engage in a best interests analysis under N.J.S.A 9:2-4; however, [D.L.] wishes to remain in ... this case. The judge then considered the factors enumerated in N.J.S.A. 9:2-4.3 The court found that only factor ... eight favored custody with M.D., whereas factors three, 3 N.J.S.A. 9:2-4 enumerates the following factors to be consider ... the trial judge must consider the statutory criteria enumerated in N.J.S.A. 9:2-4. Id. at 107. In turn, we 'must ... order of care and supervision has been entered pursuant to N.J.S.A. 30:4C-12, it is only effective for six months ... Division's authority to intervene are established as required by N.J.S.A. 30:4C- 12.' Ibid. The court has discretion in ...

docket:	a1484-19
court:	NJ Superior Court Appellate Division
decided:	2021-04-13
status:	Unpublished
citation:
Document Size:	58116

2530 State of New Jersey v. Quaker Valley Farms, LLC -- rank: 828

... of easement and the Agriculture Retention and Development Act (ARDA), N.J.S.A. 4:1C-11 to -48. Quaker Valley operates a wholesale ... of easement and the Agriculture Retention and Development Act (ARDA), N.J.S.A. 4:1C- 11 to -48 -- one of the statutes implementing ... the enforcement of the Agriculture Retention and Development Act (ARDA), N.J.S.A. 4:1C-11 to -48. The ARDA is a legislative ... be presumed the first priority use of the land.” N.J.S.A. 4:1C-12(c). It is the county-level agriculture development boards, established under N.J.S.A. 4:1C-14, that are largely responsible for reviewing and approving applications to the Farmland Preservation Program. N.J.S.A. 4:1C-15; N.J.A.C. 2:76- ...

docket:	a_43_16
court:	NJ Supreme Court
decided:	2018-08-14
status:
citation:
Document Size:	72034

2531 State of New Jersey v. Thomahl S. Cook -- rank: 828

... was indicted for purposeful or knowing murder, in violation of N.J.S.A. 2C: 11-3(a)(1) and �3(a)(2). Prior ... 11-01562 with purposeful or knowing murder, in violation of N.J.S.A. 2C:43-7.2. Defendant moved for a new trial ... NERA statute should not be applied retroactively. Footnote: 5 See N.J.S.A. 2A:158A-5 (authorizing public defender representation for indictable offenses ...

docket:	a-66-02
court:	njsupreme
decided:	2004-05-10
status:
citation:	179 N.J. 533
Document Size:	105297

2532 RHONDA DEL MASTRO v. PHILIP B. GRIMADO -- rank: 828

... initiated this action under the Uniform Fraudulent Transfer Act (UFTA), N.J.S.A. 25:2-20 to -34, seeking to set aside and ... release, lease, and creation of a lien or other encumbrance." N.J.S.A. 25:2-22. Further, the statute defines fraudulent transfer as ... the debtor's ability to pay as they become due. [ N.J.S.A. 25:2-25.] In determining whether the debtor acted with ... who transferred the assets to an insider of the debtor. [ N.J.S.A. 25:2-26.] In an action alleging a fraudulent transfer ... of a claim and thus we turn to those requirements. N.J.S.A. 25:2-31, titled "Extinguishment of cause of action," provides ... extinguished unless action is brought: a. Under subsection a. of [ N.J.S.A. ] 25:2-25, within four years after the transfer ...

docket:	a1433-11
court:	NJ Superior Court Appellate Division
decided:	2013-09-05
status:	unpublished
citation:
Document Size:	73907

2533 IN THE MATTER OF THE NEW JERSEY PINELANDS COMMISSION'S APPROVAL OF NEW JERSEY NATURAL GAS'S APPLICATION (NO. 2014-0045.001 FOR THE INSTALLATION AND OPERATION OF THE SOUTHERN RELIABILITY LINK PROJECT COMMISSION RESOLUTION PC4-17-10 -- rank: 828

... a petition pursuant to the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 to -163, seeking a determination that the ... necessary for the service, convenience or welfare of the public,' N.J.S.A. 40:55D-19, along with an application to designate a 'practicable' route for the pipeline pursuant to N.J.S.A. 48:9-25.4 (the MLUL Petition). NJNG later revised ... the service, convenience and welfare of the public pursuant to N.J.S.A. 40:55D-19.' The Board noted that the SRL was ... the environmental protections in the Pinelands Protection Act (Pinelands Act), N.J.S.A. 13:18A-1 to -29, and the CMP. II. A ... in matters in which the member has a financial interest. N.J.S.A. 13:18A-17(a). The Act states that '[n] ...

docket:	a0925-17
court:	NJ Superior Court Appellate Division
decided:	2021-04-29
status:	Unpublished
citation:
Document Size:	63717

2534 DCPP VS. JAN. R. AND JAR. R., IN THE MATTER OF C.A.R. -- rank: 828

... child, C.A.R., in his household, in violation of N.J.S.A. 9:6-8.21(c). We affirm. I. 1 Pseudonyms ... child without a court order, pursuant to the Dodd Act, N.J.S.A. 9:6-8.21 to -8.82. N.J. Div ... be committed an act of sexual abuse against the child.' N.J.S.A. 9:6-8.21(c). Once, as here, abuse has ... accessible to the public pursuant to State and federal law.' N.J.S.A. 9:6-8.11. The agency has no discretion under ... child is living at the time the offense is committed,' N.J.S.A. 9:6-2, and a 'parent or guardian' as 'any ... upon whom there is a legal duty for such care,' N.J.S.A. 9:6-8.21(a) (emphasis added). Based on ...

docket:	a1302-22
court:	appellate
decided:	2024-05-29
status:	Unpublished
citation:
Document Size:	34808

2535 STATE OF NEW JERSEY v. AARON ENIX -- rank: 828

... before a jury. The jury found Enix guilty of murder, N.J.S.A. 2C:11-3(a)(1), (2), second-degree possession of a firearm for an unlawful purpose, N.J.S.A. 2C:39-4(a)(1), and second-degree unlawful possession of a handgun without a permit, N.J.S.A. 2C:39-5(b)(1). The trial judge sentenced him ... parole ineligibility imposed by the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. After reviewing the record, we discern ... Cooper and Enix, with first-degree conspiracy to commit murder, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:11-3(a) (count 1); first-degree murder, ...

docket:	a2664-18
court:	NJ Superior Court Appellate Division
decided:	2022-03-21
status:	Unpublished
citation:
Document Size:	51477