Search Rutgers Law Library N.J. Court Opinions

2896 /usr/local/share/www/libweb/collections/courts/appellate/a3477-12recon.opn.html -- rank: 824

... the controlling standards for adjudicating cases of abuse or neglect. N.J.S.A. 9:6-8.21 to 8.73; Dep't of ... of similarly serious nature requiring the aid of the court[.] [ N.J.S.A. 9:6-8.21(c)(4)(b)]. The burden is ... by a preponderance of the "competent, material and relevant evidence[.]" N.J.S.A. 9:6-8.46(b); N.J. Dep't of ... harm." A.L. , supra , 213 N.J. at 23 (citing N.J.S.A. 9:6-8.21(c)(4)(b)). A "minimum degree of care," as required by N.J.S.A. 9:6-8.21(c)(4)(b), does not refer ... another suitable person for a substantial period of time. See N.J.S.A. 9:6-8.50(d), -8.51(a), -8. ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	51869

2897 STATE OF NEW JERSEY v. O.P.-B -- rank: 824

... guilty of two counts of fourth-degree criminal sexual contact, N.J.S.A. 2C:14-3(b), and one count of third-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a)(1). The trial court sentenced defendant ... counts of A-0256-19 6 second-degree sexual assault, N.J.S.A. 2C:14-2(c)(1) and (c)(4); two counts of fourth-degree criminal sexual contact, N.J.S.A. 2C:14-3(b); one count of third- degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a)(1); and one count of third-degree hindering apprehension, N.J.S.A. 2C:29-3(b)(2). After pre-trial hearings, ...

docket:	a0256-19
court:	NJ Superior Court Appellate Division
decided:	2022-01-06
status:	Unpublished
citation:
Document Size:	52317

2898 STATE OF NEW JERSEY v. RONNIE LYLES -- rank: 824

... g r ee r o b b e r y , N . J . S . A . 2 C : 1 5 - 1 a, a n d t ... d - d e g ree t h e f t , N . J . S . A . 2 C : 20-3. He s u b s e ... e a s e A ct ( N E R A ) , N . J . S . A . 2 C : 4 3 -7. 2 . In J u ne ... e g r ee m u r d e r , N . J . S . A . 2C:1 1 -3. On O c t o b ... p p r eh e n s i o n , N . J . S . A . 2C:29-3, a n d an a m e ... n s l a u g h t e r , N . J . S . A . 2C:1 1 -4 a ( 1 ). P u r ...

docket:	a4560-11
court:	NJ Superior Court Appellate Division
decided:	2014-02-04
status:	unpublished
citation:
Document Size:	333772

2899 AMERICAN INTERNATIONAL INSURANCE COMPANY OF DELAWARE v. 4M INTERPRISE, INC -- rank: 824

... pedestrian personal injury protection (pedestrian-PIP) benefits in conformity with N.J.S.A. 17:28-1.3 or by precluding them from participating ... in the New Jersey Property-Liability Insurance Guaranty Association (PLIGA), N.J.S.A. 17:47A-9, which pays pedestrian-PIP benefits for commercial ... and AIG to arbitrate ORRG's equitable share pursuant to N.J.S.A. 39:6A-11 and dismissed AIG's claim against PLIGA ... sustains "bodily injury . . . as a pedestrian, caused by an automobile." N.J.S.A. 39:6A-4. But a taxi "used as a public ... statutory definition of "automobile" under a policy of automobile insurance. N.J.S.A. 39:6A-2a; Jones v. Naser City Transp. Corp. , 388 ... a motor vehicle, exclusive of an automobile as defined in [ N.J.S.A. 39:6A-2a] . . . shall provide personal injury protection coverage ...

docket:	a3490-11
court:	NJ Superior Court Appellate Division
decided:	2013-02-06
status:	published
citation:	431 N.J.Super. 514 70 A.3d 757
Document Size:	42904

2900 IN THE MATTER OF THE TRUST OF RAY D. POST -- rank: 824

... actions were not authorized by the Prudent Investor Act (PIA), N.J.S.A. 3B:20-11.1 to -11.12, especially since the ... of action.' If Valley chose to diversify the portfolio, 4 N.J.S.A. 3B:18-14. 5 A-0929-16T1 it could choose ... opinion persuasive as to its statement that 'diversification of investments, N.J.S.A. 3B:2-11.4, . . . is a default rule that may ... or otherwise altered by express provision of the trust agreement, N.J.S.A. 3B:20-11.2(b).' Next, Judge Hansbury considered Valley ... in the agreement as well as statutory corpus commissions under N.J.S.A. 3B:18-2. Relying upon the court's holding in ... of prejudgment interest awarded to $48,654.13, pursuant to N.J.S.A. 4:42-11(b). In support of the order, ...

docket:	a0929-16
court:	NJ Superior Court Appellate Division
decided:	2018-08-15
status:
citation:
Document Size:	68704

2901 DIVISION OF YOUTH AND FAMILY SERVICES v. N.C.C and T.J.L. -- rank: 824

... three prongs of the "best interests of the child" standard, N.J.S.A. 30:4C-15.1a, which controls such proceedings. In addition ... by the Court in A.W. , supra , now codified in N.J.S.A. 30:4C-15.1a. Pursuant to this statute, termination of ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1a.] These four factors are not "discrete ... child's progress, development and health; and facilitating appropriate visitation. [ N.J.S.A 30:4C-15.1c.] "The diligence of [the Division's ...

docket:	a4327-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-11
status:	unpublished
citation:
Document Size:	73201

2902 A-1-13 -- rank: 824

... in passing the 2010 Amendment to the Statute of Frauds, N.J.S.A. 25:1-5(h), intended to render oral palimony agreements ... granted because the 2010 Amendment to the Statute of Frauds, N.J.S.A. 25:1-5(h), bars enforcement of all oral palimony ... HELD: 2 The 2010 Amendment to the Statute of Frauds, N.J.S.A. 25:1-5(h), does not render oral palimony agreements ... Court’s charge is to determine whether the Legislature intended N.J.S.A. 25:1-5(h), the 2010 Amendment to the Statute ... impair the obligation of a contract. (pp. 17-20) 4. N.J.S.A. 25:1-5(h) provides that, effective January 18, 2010 ... of counsel. Nowhere in the text or legislative history of N.J.S.A. 25:1-5(h) has the Legislature given any ...

docket:	A-1-13
court:	NJ Supreme Court
decided:	2014-09-25
status:
citation:	219 N.J. 565 99 A.3d 795
Document Size:	99888

2903 State of New Jersey v. Chris Thomas -- rank: 824

... term sentence imposed on a repeat drug offender pursuant to N.J.S.A. 2C:43-6(f). 2 On July 17 , 1997, undercover ... moved for the imposition of a mandatory extended term under N.J.S.A. 2C:43-6(f). At the sentencing hearing, the judge ... in respect of a defendant's prior convictions pursuant to N.J.S.A. 2C:43-6(f)(mandatory enhanced sentences) does not violate ... anticipated today's cases by raising the question of whether N.J.S.A. 2C:43-6(f)(3) and (9) fit within the ... convictions in sentencing is not a principled basis for invalidating N.J.S.A. 2C:43-6(f). The statute is constitutional. It operates ... term sentence imposed on a repeat drug offender pursuant to N.J.S.A. 2C:43-6(f). Defendant frames the issue as ...

docket:	a-43-05
court:
decided:	2006-08-02
status:
citation:	*CITE_PENDING*
Document Size:	78257

2904 /usr/local/share/www/libweb/collections/courts/appellate/a1624-20.opn.html -- rank: 824

... 1624-20 7 change.' Citing the seven factors listed under N.J.S.A. 2A:34-23(n),3 albeit without referring directly to ... paragraph, the judge explained: 3 The factors set forth under N.J.S.A. 2A:34-23(n) are as follows: (1) Intertwined finances ... from another person within the meaning of subsection h. of [ N.J.S.A.] 25:1- 5; and (7) All other relevant evidence. In ... have been analyzed by applying the factors set forth in N.J.S.A. 2A:34-23(k). i. The Legislature intended that the 2014 amendments to N.J.S.A. 2A:34-23(k) would apply retroactively, except in cases ... on cohabitation following the 2014 amendments to the alimony statute, N.J.S.A. 2A:34-23(n).' Landau, 461 N.J. Super. ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	46127

2905 STATE OF NEW JERSEY v. JEREMIAH PARKER -- rank: 824

... indictment charging Parker and Kelly with first-degree aggravated manslaughter, N.J.S.A. 9:6-1 and N.J.S.A. 9:6-3. In addition, Kelly was charged with second ... disciplining him, was material to the issues in dispute. See N.J.S.A. 9:6-1 (setting forth elements of endangering welfare of ... and legally sound, and plainly went beyond the confines of N.J.S.A . 404(b). The judge's instruction that the evidence could ... given the definition of "abused child" as set forth in N.J.S.A. 9:6-1. The jury was also informed that defendant ...

docket:	A0955-03
court:	NJ Superior Court Appellate Division
decided:	2007-05-16
status:	unpublished
citation:
Document Size:	106060

2906 State v. Sylvester Livingston, State v. Derrick Grimsley -- rank: 824

... raised in this appeal is whether the “Three Strikes” law, N.J.S.A. 2C:43-7.1a. The State’s notice relied on ... must occur on different days. The former Habitual Offender Act, N.J.S.A. 2A:85-12, which was repealed in 1979 when the ... Offenders Accountability Act, also known as the “Three Strikes” law, N.J.S.A. 2C:43-7.1a. That statute mandates a sentence of ... Grimsley were indicted for first-degree carjacking, in violation of N.J.S.A. 2C:11-3 and 2C:5-1; second-degree aggravated assault, in violation of N.J.S.A. 2C:39-5b. A jury found Livingston and Grimsley guilty ... repeat offender status: (1) as a Graves Act offender under N.J.S.A. 2C:43-7.1a. The State’s motion relied ...

docket:	a-28-01
court:	njsupreme
decided:	2002-05-23
status:
citation:	172 N.J. 209
Document Size:	62163

2907 Kelly Ruroede v. Borough of Hasbrouck Heights -- rank: 824

... in a non-civil service jurisdiction was properly terminated under N.J.S.A. 40A:14-147 to -151. 2 On March 23 , 2008 ... disciplinary proceedings for police officers in non-civil service municipalities, N.J.S.A. 40A:14-147 to -151, provide, in relevant part: a ... governing practice before the Appellate Division or the Supreme Court. N.J.S.A. 40A:14-150 “provides [the Superior Court] with the ... a new disciplinary hearing was not an appropriate remedy under N.J.S.A. 40A:14-150. (pp. 23-28) 4. It is the ... framework governing the proceedings under review is set forth in N.J.S.A. 40A:14-147 to -151. Plaintiff Kelly Ruroede, a police ... in its de novo review of this disciplinary action. See N.J.S.A. 40A:14-150. The Borough also asks this Court ...

docket:	A-95-11
court:	NJ Supreme Court
decided:	2013-07-01
status:
citation:
Document Size:	97674

2908 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. C.W. -- rank: 824

... to protect the welfare of children." Id. at 347; see N.J.S.A. 30:4C-1(a). Under N.J.S.A. 30:4C-15.1(a), the Division must prove by ... v. F.M. , 211 N.J. 420 , 447 (2012); see N.J.S.A. 30:4C-15(c). 3 The Division must show that ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] "Importantly, those four prongs are ... review. III. "[T]he two components of the harm requirement, N.J.S.A. 30:4C-15.1(a)(1) and (2) are related ... parental relationship" if the children are placed in their care. N.J.S.A. 30:4C-15.1(a)(1). The Division "does ...

docket:	a1846-11xx
court:	NJ Superior Court Appellate Division
decided:	2014-01-10
status:	unpublished
citation:
Document Size:	53679

2909 State v. Deje M. Coviello -- rank: 824

... ing]” the IID as an additional “penalty.” N.J.S.A. 39:4-50.17(b) (2009) (emphasis added). The courtâ ... in February 2014 to an amended count of disorderly conduct, N.J.S.A. 2C:33- -2, and the summons for DWI, N.J.S.A. 39:4-50. By agreement, the other charges were dismissed ... to aggravating factor three, the likelihood of committing another offense, N.J.S.A. 2C:44-1(a)(3), and heavy weight to aggravating ... to be started only when the driver is sober.” N.J.S.A. 39:4-50.16(b). It is “a blood ... of drunk driving.” Id. § 1(b) (codified at N.J.S.A. 39:4-50.16(b)). Under the original 1999 ...

docket:	a-54-21
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:
citation:
Document Size:	53674

2910 S.L.W v. NJ DIVISION OF PENSIONS AND BENEFITS -- rank: 824

... failed to satisfy the definition of a 'child' pursuant to N.J.S.A. 43:16A-1(21), and that she failed to provide ... failed to meet the definition of a 'child' pursuant to N.J.S.A. 43:16A-1(21)(d), which provides in pertinent part ... found 'a literal reading of the definition of 'child' under N.J.S.A. 43:16A-1(21)(d) seemingly supports S.L.W ... of a member's surviving spouse and children.' Further, 5 N.J.S.A. 43:16A-12.1(a). Pertinent to this appeal, where ... ALJ determined 'a disabled adult child, in order to satisfy N.J.S.A. 43:16A-1(21)(d), must have been dependent upon ... State's child support case law interpreting child-support orders, N.J.S.A. 2A:34-23, both require the disability arise before ...

docket:	a1673-16
court:	New Jersey Superior Court Appellate Division
decided:	2018-07-17
status:
citation:
Document Size:	33972