Search Rutgers Law Library N.J. Court Opinions

2821 New Protection v. J.I. -- rank: 826

... to protect the welfare of children." Id. at 347; see N.J.S.A. 30:4C-1(a). As the family court recognized, the ... parental rights is in the best interests of the children. N.J.S.A. 30:4C-15(c); F.M. , supra , 211 N.J ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] A. We first address whether ... showed she was "unwilling or unable to eliminate the harm." N.J.S.A. 30:4C-15.1(a)(1), (2). Moreover, she continued ... itself, does not constitute a harm to the child under N.J.S.A. 30:4C-15.1(a)(1)," K.H.O. , supra ... which led to the child's placement outside the home." N.J.S.A. 30:4C-15.1(a). N.J.S.A. ...

docket:	a3457-15
court:	NJ Superior Court Appellate Division
decided:	2017-03-08
status:	unpublished
citation:
Document Size:	53887

2822 /usr/local/share/www/libweb/collections/courts/appellate/a1405-19.opn.html -- rank: 826

... 1) respondent violated the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -50, by failing to offer petitioner ... A.C. 4A:2-4.1 [to -4.3],' see N.J.S.A. 11A:2-6(a)(4), instead of as a disciplinary '[r]emoval,' see N.J.S.A. 11A:2-6(a)(1). The Commission found petitioner, 'as ... burdens of proof associated with the two disciplinary actions, see N.J.S.A. 11A:2-21, but it determined the 'error [was] not ... or she 'state[s] clearly the reasons for doing so.' N.J.S.A. 52:14B- 10(c). A-1405-19 17 substantial evidence ... test period], the employee shall have the burden of proof.' N.J.S.A. 11A:2-21; see also N.J.S.A. ...

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2823 STATE OF NEW JERSEY IN THE INTEREST OF J.P.F. -- rank: 826

... of the Code of Juvenile Justice (Juvenile Code or Code), N.J.S.A. 2A:4A-20 to -48, and the disclosure required by the Community Registration and Notification Laws (Megan's Law), N.J.S.A. 2C:7-1 to -19. J.P.F., a seventeen ... by an adult, would constitute fourth-degree criminal sexual contact, N.J.S.A. 2C:14-3b. For this offense, the offender is subject ... the keys. This provided the basis for a harassment count, N.J.S.A. 2C:33-4c.     V.K. exited J.P.F.'s ... to leave. This provided the basis for a lewdness count, N.J.S.A. 2C:14-4a.     J.P.F. then moved behind V ... basis for a sexual assault by force or coercion count, N.J.S.A. 2C:14-3b and N.J.S.A. 2C: ...

docket:	a5854-02
court:	njappellate
decided:	2004-04-02
status:	published
citation:	368 N.J. Super. 24
Document Size:	36237

2824 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. O.W. and G.W -- rank: 826

... and causing serious injuries, within the meaning of Title 9, N.J.S.A. 9:6- 8.21(c)(4)(b). In addition, the ... failed to protect him thereby abusing or neglecting him under N.J.S.A. 9:6-8.21(c)(4)(b). The Law Guardian ... to the Dodd Act, which, as amended, is found at N.J.S.A. 9:6-8.21 to -8.82.' N.J. Div ... for custody, care and supervision of all three children under N.J.S.A. 9:6-8:21 and N.J.S.A. 30:4C-12. The Division alleged defendants 'used excessive corporal ... and O.W. abused and neglected Alby in violation of N.J.S.A. 9:6-8.21(c)(4)(b). The judge ...

docket:	a0727-20
court:	NJ Superior Court Appellate Division
decided:	2022-01-25
status:	Unpublished
citation:
Document Size:	41825

2825 T.L. v. J.D.G -- rank: 826

... against him pursuant to the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35, based on the predicate act ... each lasting fewer than five minutes, qualified as harassment under N.J.S.A. 2C:33-4(a) and (c), the court never found ... a relationship bringing the complained of conduct within the statute, N.J.S.A. 2C:25-19(d); the defendant committed an act designated as domestic violence, N.J.S.A. 2C:25-19(a); and the 'restraining order is necessary, upon an evaluation of the factors set forth in N.J.S.A. 2C:25-29(a)(1) to -29(a)(6), to ... with purpose to alarm or seriously annoy such other person.' N.J.S.A. 2C:33-4(a)-(c). The trial court found ...

docket:	a1791-22
court:	NJ Superior Court Appellate Division
decided:	2024-02-26
status:	Unpublished
citation:
Document Size:	74693

2826 American Fire & Casualty Company v. New Jersey Division of Taxation -- rank: 826

... of calculating a foreign insurer’s retaliatory tax obligation under N.J.S.A. 17:32-15 when the premium tax cap statute, N.J.S.A. 54:18A-6, applies to the insurer.     The New Jersey premium tax, N.J.S.A. 54:18A-1 to -11, requires all foreign and domestic ... 2.1% of taxable premiums. The premium tax cap statute, N.J.S.A. 54:18A-6, creates a cap on taxable premiums for ... the proper relationship between the State’s retaliatory tax statute, N.J.S.A. 17:32-15, 17B:23-5, and its premium tax cap statute, N.J.S.A. 52:14B-1 to -25. The Tax Court found ...

docket:	a-134-04
court:	njsupreme
decided:	2006-10-19
status:
citation:	*CITE_PENDING*
Document Size:	79647

2827 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. C.L. -- rank: 826

... evidence supporting the statutory requirement for termination of parental rights. N.J.S.A. 30:4C-15.1. The court considered the evidence proffered ... 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 604-11, was codified in N.J.S.A. 30:4C-15.1(a), and requires the State to ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These four requirements "are not ... A.S. , 134 N.J. 127 , 134-135 (1993) (citing N.J.S.A. 30:4C-15(d)). Abandonment is shown when a parent ... the Division, failed to eliminate the harm to the children. N.J.S.A. 30:4C-15.1(a)(1) and (2). Without ...

docket:	a4069-09
court:	superior court appellate division
decided:	2011-01-28
status:	Unpublished
citation:
Document Size:	72094

2828 ORLANDO A. MUNOZ v. ROBERT P. PERLA -- rank: 826

... of the partners are governed by the Uniform Partnership Act, N.J.S.A. 42:1A-1 to -56. Other pertinent provisions of the ... partners of Heritage imposed by law, statutory duties imposed under N.J.S.A. 42:1A-21 and N.J.S.A. 42:1A-24 of the Uniform Partnership Act, and contractual ... plaintiff informed about Heritage business without demand from plaintiff. While N.J.S.A. 42:1A-4 and 42:1A-24 allow a partnership ... determined that the defendants violated a California provision identical to N.J.S.A. 42:1A-24(b)(1), that a partner's duty ... it noted that the defendants violated a provision identical to N.J.S.A. 42:1A-21(g), "A partner shall use or ...

docket:	a5922-08
court:	NJ Superior Court Appellate Division
decided:	2011-12-20
status:	unpublished
citation:
Document Size:	88440

2829 KATHERINE HESELTON v. ROBERT MAFFEI -- rank: 826

... conditional pleas of guilty, on charges of second-degree eluding, N.J.S.A. 2C:29-2b, second-degree aggravated assault while eluding, N.J.S.A. 2C:20-3. Additionally, he appeals from concurrent sentences imposed ... defendant's conviction for second-degree aggravated assault while eluding, N.J.S.A. 2C:43-7.2. Because a legal sentence would require ... issued municipal court summonses for driving on the revoked list, N.J.S.A. 39:4-96, traveling the wrong way on a one-way street, N.J.S.A. 39:4-85.1, and leaving the scene of an accident, N.J.S.A. 2C:29-2b (count one), second-degree aggravated assault ...

docket:	a1624-03
court:	njappellate
decided:	2005-01-11
status:	published
citation:	374 N.J. Super. 199
Document Size:	58301

2830 STATE OF NEW JERSEY v. RUDELL ANDERSON -- 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:	a5851-09
court:	NJ Superior Court Appellate Division
decided:	2011-08-18
status:	unpublished
citation:
Document Size:	40204

2831 State v.Justin Bealor -- rank: 826

... vehicle while under the influence of marijuana, in violation of N.J.S.A. 39:4-50. On de novo appeal to the Law ... a reasonable doubt and, thereby, to sustain a conviction under N.J.S.A. 39:4-50. 1. Since 1924, because sobriety and intoxication ... while under the influence of intoxicating liquor” in violation of N.J.S.A. 39:4-50, the driving while intoxicated statute. This appeal ... respondent. JUSTICE RIVERA-SOTO delivered the opinion of the Court. N.J.S.A. 39:4-50 does not prohibit solely the “operat ... a reasonable doubt and, thereby, to sustain a conviction under N.J.S.A. 39:4-50. I. The transcripts of the trial held ... vehicle while under the influence of marijuana, in violation of N.J.S.A. 39:4-50 6 , and sentenced defendant to the ...

docket:	a-31-05
court:
decided:	2006-07-20
status:
citation:	*CITE_PENDING*
Document Size:	81273

2832 STATE OF NEW JERSEY v. ANTWON D. MCGRIFF -- rank: 826

... in a seven-count indictment with first-degree attempted murder, N.J.S.A. 2C:5-1(a)(1) and 2C:11-3(a ... 1) (count one); second-, third-, and fourth-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1), (2), and (4) (counts two ... three, and four, respectively); third- degree endangering an injured victim, N.J.S.A. 2C:12-1.2(a) (count five); second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b) (count six); and second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a) (count seven). The trial court dismissed ... must first, on application for discretionary enhanced-term sentencing under N.J.S.A. 2C:44-3(a), review and determine whether a ...

docket:	a2573-18
court:	NJ Superior Court Appellate Division
decided:	2021-04-27
status:	Unpublished
citation:
Document Size:	50658

2833 Rutgers Casualty Insurance Company v. Robert LaCroix, et al. -- rank: 826

... in the New Jersey Automobile Insurance Cost Reduction Act (AICRA), N.J. S.A. 39:6A-1.1 to -35, likewise imposes a requirement ... a claimant sustains one of the injuries set forth in N.J.S.A. 39:6A-4.3(e) and receives treatment at a ... in the New Jersey Automobile Insurance Cost Reduction Act (AICRA), N.J.S.A. 39:6A-1.1 to -35, likewise imposes a requirement ... to reimburse persons injured in automobile accidents regardless of fault. N.J.S.A. 39:6A-4 states, [E]very standard automobile liability insurance ... being the resident spouse of a named insured. Ibid. (citing N.J.S.A. 39:6A-2(g)). Thus, as the equivalent of a ... 326, 327 (1996) (same). We simply must clarify that amount. N.J.S.A. 39:6A-4.3 sets forth “[p]ersonal ...

docket:	a-128-06
court:
decided:	2008-05-14
status:
citation:	*CITE_PENDING*
Document Size:	88308

2834 Riley v. New Jersey State Parole Board -- rank: 826

... must determine whether the 2007 Sex Offender Monitoring Act (SOMA), N.J.S.A. 30:4-123.89 to -123.95, when applied to ... with the registration and notification provisions of Megan’s Law, N.J.S.A. 2C:7-1 to -11. Six months later, the New ... he was subject to the Sex Offender Monitoring Act (SOMA), N.J.S.A. 30:4-123.89 to -123.95 -- a law passed ... minor that he committed earlier that year, in violation of N.J.S.A. 2C:5-1 and N.J.S.A. 2C:14-2(b). In light of his previous sexual ... registration and the most comprehensive degree of community notification. See N.J.S.A. 2C:7-8(c)(3); N.J.S.A. ...

docket:	A-94-11
court:	NJ Supreme Court
decided:	2014-09-22
status:
citation:	219 N.J. 270 98 A.3d 544
Document Size:	159048

2835 MILFORD BOROUGH BOARD OF EDUCATION v. CHRISTOPHER D. CERF -- rank: 826

... This appeal concerns the Commissioner of Education's administration of N.J.S.A. 18A:36B-21, a provision of the Interdistrict Public School Choice Program Act (the Act), N.J.S.A. 18A:36B-14 to -24. The focus is on a ... of its students that may enroll in a choice district. N.J.S.A. 18A:36B-21(a)(1). The questions presented are whether ... fifth years. L. 1999, c. 413, § 3 (codified as N.J.S.A. 18A:36B-3 until repealed by section 12 of this ... two years of operation. L. 1999, c. 413, § 10 ( N.J.S.A. 18A:36B-11). Despite the legislative oversight, the 1999 law ... limit the number of choice districts the Commissioner may establish. N.J.S.A. 18A:36B-14 to -24 ( L. 2010, c. 65, ...

docket:	a1584-11
court:	NJ Superior Court Appellate Division
decided:	2012-12-12
status:	unpublished
citation:
Document Size:	44019