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2596 STATE OF NEW JERSEY v. DARRYL PROCTOR -- rank: 828

... indictment that charged A-3589-07T4 31 defendant with violating N.J.S.A. 2C:39-7. While the judge and counsel were discussing ...

docket:	a3589-07
court:	superior court appellate division
decided:	2010-01-05
status:	unpublished
citation:
Document Size:	62760

2597 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:	a4475-07
court:	New Jersey Superior Court Appellate Division
decided:	2009-11-17
status:	Published
citation:
Document Size:	71308

2598 STATE OF NEW JERSEY v. JUAN A. ROSARIO -- rank: 826

... degree charge of reckless manslaughter for the slaying of Pinto, N.J.S.A. 2C:11-4(b)(1), to a ten-year term ... ineligibility term required by the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2 (count one, as a lesser included ... degree murder); for the second-degree attempted kidnapping of Pinto, N.J.S.A. 2C:13-1(b) and 2C:5-1, to a ... count four); for the second-degree attempted kidnapping of Ricciardi, N.J.S.A. 2C:13-1(b) and 2C:5-1, to a ... for the disorderly persons offense of simple assault on Ricciardi, N.J.S.A. 2C:12-1(a), to a concurrent six-month term ... attempting to cause serious bodily injury to Ricciardi and Pinto, N.J.S.A. 2C:12-1(b)(1), to a ten-year ...

docket:	a5311-08
court:	NJ Superior Court Appellate Division
decided:	2012-04-10
status:	unpublished
citation:
Document Size:	127517

2599 /usr/local/share/www/libweb/collections/courts/appellate/a3893-18.opn.html -- rank: 826

... for payment of Supplemental Compensation On Retirement (SCOR) pursuant to N.J.S.A. 11A:6-16. We affirm. I. This appeal arises from ... PERS) determined that Levin's retirement was effective pursuant to N.J.S.A. 43:15A- 50, which provides in part that when a ... sum payment for SCOR allowed under A-3893-18T4 2 N.J.S.A. 11A:6-19. The Division of Agency Services denied the ... appropriate case, the Commission could interpret the term 'retirement' in N.J.S.A. 11A:6-16 to include retirements approved posthumously pursuant to N.J.S.A. 43:15A-50. Horowitz also argued that payment of SCOR to Levin's Estate would be consistent with N.J.S.A. A-3893-18T4 3 11A:6-19, which states ...

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Document Size:	29684

2600 HASSAN H. SALAH, M.D v. H. VICTOR GILSON, Ed.D. -- rank: 826

... that Dr. Salah should follow the law as stated in N.J.S.A. 9:6-8.10. "Any person having reasonable cause to ... professional[,] I especially want him to follow the law because N.J.S.A. 9:6-8.14 states "any person knowingly violating the ... Education. Dr. Salah did not adhere to the law, specifically N.J.S.A. 9:-6-8:10 and 9:6-8.14. After ... defendants pursuant to the New Jersey Tort Claims Act (TCA), N.J.S.A. 59:1-1 to 12-3, prior to filing his ... In his oral opinion, Judge Geiger reviewed the requirements of N.J.S.A. 59:8-4 and the policies underlying the statute and ... the TCA unless he complies with its notice requirements. See N.J.S.A. 59:8-3, 59:8-4 and 59:8- ...

docket:	a3617-11
court:	NJ Superior Court Appellate Division
decided:	2013-04-19
status:	unpublished
citation:
Document Size:	66941

2601 Carpenter Technology Corporation v. Admiral Insurance Company -- rank: 826

... Construing the New Jersey Property Liability Insurance Guarantee Association Act, N.J.S.A . 17:30A-1 to -20 (Act), the Court determines whether ... first from the association of the residence of the insured. N.J.S.A. 17:30A-12a. The issue in this appeal is the ... Guaranty Association Act, 85 N.J. 384, 389-90 (1981); N.J.S.A. 17:30A-6. NJPLIGA is obligated to assume the contractual ... the guaranty association of the state in which it resides. N.J.S.A. 17:30A-8. PPCIGA's maximum statutory limit per “covered ... 40 Penn. Stat. Ann. § 991.1801 to 991.1820 and N.J.S.A. 17:30A-1 to -20 respectively. See footnote 1 1 ... a credit attributable to PPCIGA's payment to Carpenter under N.J.S.A. 17:30A-12a, but did not determine the amount ...

docket:	a-76-00
court:	njsupreme
decided:	2002-06-17
status:
citation:	172 N.J. 504
Document Size:	78137

2602 STATE OF NEW JERSEY v. ROBERT W. OLIVER -- rank: 826

... apply for resentencing pursuant to the 2010 amendments 1 to N.J.S.A. 2C:35-7 if such defendant received a Brimage 2 ... extended term or reduction of a mandatory minimum term under N.J.S.A. 2C:35-12? From our review of the record in ... dangerous substance (cocaine) within 1,000 feet of school property. N.J.S.A. 2C:35-7. In connection with an agreed-upon plea ... arrangement, the State waived a motion for enhanced sentencing under N.J.S.A. 2C:43-6(f) pursuant to the Brimage Guidelines. Oliver ... the parole ineligibility bar in light of the amendments to N.J.S.A. 2C:35-7 that became effective on January 12, 2010 ... in determining whether the parole ineligibility bar otherwise required by N.J.S.A. 2C:35-7(a) should be waived). Jurisdiction is ...

docket:	a0593-10
court:	NJ Superior Court Appellate Division
decided:	2011-08-18
status:	unpublished
citation:
Document Size:	41100

2603 RARITAN PARTNERS, LLC v. RARITAN TOWNSHIP BOARD OF ADJUSTMENT -- rank: 826

... forth with sufficient certainty and definiteness[,'] are otherwise contrary to N.J.S.A. 40:55D-67 and/or any other provisions of the ... ordinances pertinent to plaintiff's application and the MLUL, specifically N.J.S.A. 40:55D-3, which addresses conditional uses of A-1563 ... principal structure, [and] (2) an expansion of a nonconforming use.' N.J.S.A. 40:55D-70(d). To justify a 'd' variance, an ... one of the three 'special reasons' categories set forth in N.J.S.A. 40:55D-70(d): (1) where the proposed use inherently ... proposed use being a single permitted conditional use. The MLUL, N.J.S.A. 40:55D-1 to -163, grants a zoning board of ... power to decide requests for interpretation of a zoning ordinance. N.J.S.A. 40:55D-70(b). The interpretation of a zoning ...

docket:	a1563-20
court:	NJ Superior Court Appellate Division
decided:	2022-02-07
status:	Unpublished
citation:
Document Size:	91770

2604 Allen v. V and A Bros., Inc. -- rank: 826

... consideration of the CFA’s definition of “person,” N.J.S.A. 56:8-1(d); the CFA’s operative provision that creates a cause of action, N.J.S.A. 56:8-2; and the three “Home Improvement Practicesâ ... based upon a violation of the Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -20. The first question concerns the ... to supplant the ordinary operation of the Business Corporation Act, N.J.S.A. 14A:1-1 to :17-18. They assert that the ... director, member, stockholder, associate, trustee or cestuis que trustent thereof[.] [ N.J.S.A. 56:8-1(d).] Second, however, the cause of action ... or damaged thereby, is declared to be an unlawful practice[.] [ N.J.S.A. 56:8-2.] In addition to these statutory provisions, ...

docket:	a-30-10
court:	superior court trial
decided:	2011-07-07
status:
citation:
Document Size:	99739

2605 STATE OF NEW JERSEY v. JOHN HOGAN et al. -- rank: 826

... Jury returned an indictment charging both defendants with attempted murder ( N.J.S.A. 2C:5-1 and 144 N.J. 216 , 227 (1996 ... enforcement exception to the duty to retreat set forth in N.J.S.A. 2C:3-4(b)(2)(b)(ii). The operative language ... behalf of the person against whom such action is directed.         [ N.J.S.A. 2C:3-4b(2)(b)(ii).]     The statute is not ... charged the grand jury on a mistake of law under N.J.S.A. 2C:3-9. They also claim that the deputy attorney ... we are inclined to agree that mistake of law under N.J.S.A. 2C:3-9 was not an issue in the case ... respect to the use of force in law enforcement under N.J.S.A. 2C:3-7. That statute provides that the use ...

docket:	A1198-00
court:	NJ Superior Court Appellate Division
decided:	2001-01-05
status:	published
citation:	336 N.J. Super. 319
Document Size:	52599

2606 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. J.H. -- rank: 826

... a verified complaint and order to show cause, pursuant to N.J.S.A. 9:6-8.21 to -8.73 and N.J.S.A. 30:4C-12, seeking temporary custody of A.J. (the ... evidence all four prongs of the "best interests" test under N.J.S.A. 30:4C-15.1(a) for termination of J.H ... establish the four prongs of the "best interests" test under N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. Under N.J.S.A. 30:4C-15.1(a), the Division may file a ... continue to be endangered or harmed by the parental relationship. N.J.S.A. 30:4C-15.1(a)(1); I.S. , supra , ...

docket:	a5421-10
court:	NJ Superior Court Appellate Division
decided:	2013-01-11
status:	unpublished
citation:
Document Size:	47892

2607 STATE OF NEW JERSEY v. TROY D. ARMSTRONG, JR -- rank: 826

... degree possession of a controlled dangerous substance (CDS) (Phencyclidine (PCP)), N.J.S.A. 2C:35-10a(1) (count one); second-degree distribution of PCP, N.J.S.A. 2C:35-5b(7) (count two); third-degree possession of ... intent to distribute it within 1000 feet of school property, N.J.S.A. 2C:35-7 (count three); and second-degree conspiracy to distribute PCP, N.J.S.A. 2C:5-2; N.J.S.A. 2C:35-5a(1), and N.J.S.A. 2C:35-5b(7) (count four). The indictment also ...

docket:	a2657-12
court:	NJ Superior Court Appellate Division
decided:	2014-12-26
status:	unpublished
citation:
Document Size:	67424

2608 Frank Schneider, Jr. v. State Investigator Donald Simonini -- rank: 826

... the notice provision of the New Jersey Tort Claims Act, N.J.S.A. 59:8-8, does not apply to Section 1983 cases ...

docket:	a-84-98
court:	njsupreme
decided:	2000-03-06
status:
citation:	163 N.J. 336
Document Size:	138388

2609 C.M.D. v. BRIDGEWAY REHABILITATION SERVICES, INC. -- rank: 826

... various provisions of the TCA. II. 2 Charitable Immunities Act, N.J.S.A. 2A:53A-7, -11. 3 Tort Claims Act, N.J.S.A. 59:1-1 to 12-3. A-2970-20 13 ... judgment, the trial court concluded the claims were barred by N.J.S.A. 2A:53A-7(a) of the CIA. The court made ... degree.'' Having concluded the Bridgeway defendants were statutorily immune under N.J.S.A. 2A:53A-7(a), the court next considered plaintiffs' argument ... Bridgeway defendants were not immune because they were grossly negligent, N.J.S.A. 2A:53A-7(c). Examining the record, the court found ... any legal obligation to report suspected abuse or neglect under N.J.S.A. 9:6-8.10. Charitable immunity is an affirmative ...

docket:	a2970-20
court:	NJ Superior Court Appellate Division
decided:	2023-08-11
status:	Unpublished
citation:
Document Size:	51385

2610 STATE OF NEW JERSEY v. WILLIAM SILVI -- rank: 826

... first-degree conspiracy to murder Silvi's father, William Marcucci, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:11-3(a)(1) and (2) (Count One); first-degree murder of Marcucci, N.J.S.A. 2C:11-3(a) (Count Two); second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a) (Count Three); second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b) (Count Four); three counts of second-degree attempted theft by deception, N.J.S.A. 2C:5-1 and 2C:20-4 (Counts Five, ...

docket:	a3905-10
court:	NJ Superior Court Appellate Division
decided:	2013-05-17
status:	unpublished
citation:
Document Size:	56210