Search Rutgers Law Library N.J. Court Opinions

3091 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. R.I.O.1 and E.K.W -- rank: 824

... burden under the four-prong best interests test, codified at N.J.S.A. 30:4C- 15.1(a), by clear and convincing evidence ... removal of a minor without a court order pursuant to N.J.S.A. 9:6-8.21 to -8.82, known as the ... The judge determined the Division proved all four prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence ... of guardianship. Her oral opinion tracks the statutory requirements of N.J.S.A. 30:4C-15.1(a), accords with In re Guardianship ... or will continue to be endangered by the parental relationship.' N.J.S.A. 30:4C-15.1(a)(1). '[T]he relevant inquiry ... the delay of permanent placement will add to the harm.' N.J.S.A. 30 4C-15.1(a)(2). Harm may include ...

docket:	a3835-19
court:	NJ Superior Court Appellate Division
decided:	2021-08-09
status:	Unpublished
citation:
Document Size:	46876

3092 STATE OF NEW JERSEY v. GARY S. BRANIN, JR -- rank: 824

... was convicted of two counts of second degree sexual assault, N.J.S.A. 2C:43-7.2 (NERA). On this appeal, defendant argues ... defendant. See N.J.R.E. 403(b). See also N.J.S.A. 52:4B-44, -50 to -60. In order for 803 ... charge on the lesser-included offense of criminal sexual contact, N.J.S.A. 2C:14-3. The judge must charge the jury with ... the victim or sexually arousing or sexually gratifying the actor . . . ." N.J.S.A. 2C:14-3. The jury could have concluded that defendant ... on the victim's clothing and not on her person. N.J.S.A. 2C:14-3. While it is not the role of ... a verdict on count one, which charged attempted sexual assault, N.J.S.A. 2C:5-1 and N.J.S.A. 14- ...

docket:	a4825-06
court:	njappellate
decided:	2008-08-22
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	109921

3093 STATE OF NEW JERSEY v. MAURICE L. SKILLMAN -- rank: 824

... defendants with: the purposeful or knowing murder of Carl Batie, N.J.S.A. 2C:11-3(a)(1) or (2) (count one); second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a), N.J.S.A. 2C:2-6 (count two); second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b), N.J.S.A. 2C:2-6 (count three); and three counts of fourth-degree aggravated assault with a firearm, N.J.S.A. 2C:12-1(b)(4), N.J.S.A. ...

docket:	a0737-16
court:	NJ Superior Court Appellate Division
decided:	2019-01-29
status:	Unpublished
citation:
Document Size:	58225

3094 STATE OF NEW JERSEY v. JAMA SMITH -- rank: 824

... charges in the indictment: first-degree conspiracy to commit murder, N.J.S.A. 2C:44-3d because of defendant's prior convictions for ... factors applicable: the risk that defendant will commit another offense, N.J.S.A. 2C:44-1b. These findings were fully justified by defendant ... State moved for a mandatory extended term sentence pursuant to N.J.S.A. 2C:44-3d. The court granted the motion, as it ... was required to do by the language of the statute. N.J.S.A. 2C:44-3 provides in relevant part: If the grounds ... sentence the defendant to an extended term as required by N.J.S.A. 2C:43-6c . . . . d. Second offender with a firearm. The ... Emphasis added.] Defendant was also subject to a Graves Act, N.J.S.A. 2C:43-6c, extended-term sentence by virtue of ...

docket:	a2146-06
court:	superior court appellate division
decided:	2010-08-04
status:	Unpublished
citation:
Document Size:	119136

3095 IN THE MATTER OF THE PETITION OF NEW JERSEY NATURAL GAS COMPANY FOR APPROVAL AND AUTHORIZATION TO CONSTRUCT AND OPERATE THE SOUTHERN RELIABILITY LINK PURSUANT TO N.J.A.C 14:7-1.4 -- rank: 824

... for a ruling that the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 to -163, and any local governmental development ... Joint Base), would cross the State-designated Pinelands Preservation Area, N.J.S.A. 13:18A-2, -9, and -11(b). NJNG filed an ... with the requirements of the Pinelands Protection Act (Pinelands Act), N.J.S.A. 13:18A-1 to -29, and the Pinelands Comprehensive Management ... compliance with the provisions of the Administrative Procedure Act (APA), N.J.S.A. 52:14B-1 to -15, and due process.' In re ... or in writing, during any proceedings involving a permit decision.' N.J.S.A. 52:14B-3.1(a). Due process also requires 'notice ... of Trs., 143 N.J. 22, 25 (1995)).] See also N.J.S.A. 48:2-46 (stating that '[n]o [Board] order ...

docket:	a2876-15
court:	NJ Superior Court Appellate Division
decided:	2021-04-29
status:	Unpublished
citation:
Document Size:	49362

3096 JEWEL E. ELIAS v. RIVER VALE BOARD OF EDUCATION, FRANK R. ALVAREZ, BETTY ANNE -- rank: 824

... for that raised under the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -8, and from judgment following a ... claims under CEPA and the Open Public Meetings Act (OPMA), N.J.S.A. 10:4-6 to -21, as well as multiple common ... filing beyond the statute's forty-five day limitations period, N.J.S.A. 34:19-8. Although the judge reserved judgment on plaintiff ... intrinsically interwoven with the CEPA claims" and thereby waived under N.J.S.A. 34:19-8. We agree. CEPA's waiver provision states ... State law, rule or regulation or under the common law. [ N.J.S.A. 34:19-8.] CEPA's waiver provision encompasses not only ...

docket:	A1206-03
court:	NJ Superior Court Appellate Division
decided:	2005-11-16
status:	unpublished
citation:
Document Size:	114073

3097 MARK J. MOLZ v. THERESA D. MOLZ -- rank: 824

... or either of them during the marriage or civil union.' N.J.S.A. 2A:34-23(h). The statute is to be construed ... v. Barr, 418 N.J. Super. 18, 33 (2011) (citing N.J.S.A. 2A:34-23(h)). On the other hand, typically, '[a ... 217. Indeed, interspousal gifts are subject to equitable distribution under N.J.S.A. 2A:34-23(h). Hence, we have continuously held that ... thoroughly analyzed the evidence presented against the relevant statutory factors, N.J.S.A. 2A:34-23(b). She confirmed the statutory factor involving ... New Jersey Rule of Professional Conduct 1.5(a), and N.J.S.A. 2A:34-23, we are satisfied she did not abuse ... suspensions are specifically allowed by statute and court rule. See N.J.S.A. 2A:17-56.41 to -62 11 Although plaintiff ...

docket:	a2888-17
court:	NJ Superior Court Appellate Division
decided:	2020-03-25
status:	Unpublished
citation:
Document Size:	60269

3098 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.S and G.T. -- rank: 824

... prior to the July 2021 amendments to the KLG statute, N.J.S.A. 3B:12A-1 to -7, he interrupted the testimony to ... under prong four, and a part of prong three [of N.J.S.A. 30:4C-15.1(a)] pertaining to termination of parental ... then proceeded to analyze the four best interests prongs under N.J.S.A. 30:4C-15.1(a). He concluded the Division met ... INTERPRETATION BY INJECTING THE STATEMENTS INTO THE PLAIN LANGUAGE OF N.J.S.A. 30:4C-15.1[(a)(1).] A-0851-21 16 ... REMANDED FOR FINDINGS THAT THE DIVISION SATISFIED ITS BURDEN UNDER N.J.S.A. 30:4C-15.1[(a)] AND ISSUANCE OF A JUDGMENT ... SATISFIED THE FOUR PRONGS OF THE BEST[] INTERESTS STANDARD UNDER N.J.S.A. 30:4C- 15.1[(a)] BY CLEAR AND CONVINCING ...

docket:	a0851-21
court:	NJ Superior Court Appellate Division
decided:	2023-02-14
status:	Unpublished
citation:
Document Size:	56914

3099 STATE OF NEW JERSEY v. D.F.W. -- rank: 824

... be detained under the Criminal Justice Reform Act (the Act), N.J.S.A. 2A:162-15 to -26, is not a simple matter ... they would endanger the community, obstruct justice, or not appear. N.J.S.A. 2A:162-18(a)(1); R. 3:4A. But the ... trials, and to mitigate presumed innocent defendants' loss of liberty. N.J.S.A. 2A:162-22(a)(2)(a); R. 3:25-4 ... subject to conditions), unless the prosecutor makes an additional showing. N.J.S.A. 2A:162-22(a)(2)(a) (requiring release); R. 3:25-4(c) (same); N.J.S.A. 2A:162- 22(b)(1)(a)-(m) (listing excluded delays ... period 'shall' be extended if there is a superseding indictment. N.J.S.A. 2A:162-22(a)(2)(b)(ii); R. 3: ...

docket:	a2220-20
court:	NJ Superior Court Appellate Division
decided:	2021-07-22
status:	Published
citation:
Document Size:	62334

3100 MARLENE CARIDE, ETC. VS. ROBERT LAPINSKI, ET AL. -- rank: 824

... finding Cutting Edge, Krauss, and Lapinski violated multiple subsections of N.J.S.A. 17:22A-40, revoking their licenses as insurance producers, and ... cause alleging that Cutting Edge, Lapinski, and Dollar Bail violated N.J.S.A. 17:22A-40 and its associated regulations by seeking collateral ... Deanna in obtaining the Deed of Trust in violation of N.J.S.A. 17:22A-40(a)(2), (5), (8), (16), N.J ... Count five alleged Nesmith, Krauss, Lapinski, and Cutting Edge violated N.J.S.A. 17:22A-40(a)(2) and (8), N.J.A ... 9 On count one, the Commissioner found Cutting Edge violated N.J.S.A. 17:22A-40 when its agent, Carter, secured the deed ... concluded Cutting Edge, Lapinski, and Krauss demonstrated financial irresponsibility under N.J.S.A. 17:22A-40(a)(8) and (2). She revoked ...

docket:	a1686-22
court:	appellate
decided:	2024-05-29
status:	Unpublished
citation:
Document Size:	46344

3101 STATE OF NEW JERSEY v. CHRISTOPHER CARRIGAN -- rank: 824

... Christopher Carrigan with a violation of a relatively new statute, N.J.S.A. 2C:40-26(b). The statute, which became effective on ... trial court dismissed the complaint, concluding that the application of N.J.S.A. 2C:40-26(b) to defendant violated ex post facto ... statute's effective date. We conclude that a violation of N.J.S.A. 2C:40-26(b) comprises a new offense based upon ... January 18, 2010, the Legislature enacted the provision at issue, N.J.S.A. 2C:40-26(b), which provides that: It shall be ... vehicle during the period of license suspension in violation of [ N.J.S.A. 39:3-40], if the actor's license was suspended or revoked for a second or subsequent violation of [ N.J.S.A. 39:4-50, DWI,] or section 2 of [ N. ...

docket:	a3751-11
court:	NJ Superior Court Appellate Division
decided:	2012-11-15
status:	published
citation:	428 N.J.Super. 609 55 A.3d 87
Document Size:	43357

3102 JOHN PAFF v. BOROUGH OF GIBBSBORO ANNE D LEVY in her official capacity as Gibbsboro Borough Clerk and Records Custodian TOWNSHIP OF VOORHEES, JEANETTE SCHELBERG in her official capacity as Voorhees Township Clerk and Records Custodian, RICHARD TAYLOR -- rank: 824

... address the interplay between the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, and the expungement statute, N.J.S.A. 2C:52-1 to -32. Pursuant to OPRA, plaintiff sought ... 2009, A.B. was arrested for the alleged simple assault, N.J.S.A. 2C:12-1(a), of Richard Taylor in Gibbsboro Borough ... all records and information pertaining to the arrest, pursuant to N.J.S.A. 2C:52-6. After the expungement petition was pending, unheard ... because they were the subject of an ongoing investigation, citing N.J.S.A. 47:1A-3(a) and (b), and were also inter/intra agency material under N.J.S.A. 47:1A-1.1. The police chief later asserted ...

docket:	a3300-11
court:	New Jersey Superior Court Appellate Division
decided:	2013-06-17
status:	Published
citation:
Document Size:	49532

3103 DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.L. -- rank: 824

... decision, the trial judge applied the presumption set forth in N.J.S.A. 9:6-8.46(a)(2), and concluded the child ... abused or neglected by both parents within the meaning of N.J.S.A. 9:6-8.21(c). Permanency hearings took place in ... the judge applied the four-prong standard set forth in N.J.S.A. 30:4C-15.1(a) and determined that the Division ... often also entitled to the presumption of abuse contained in N.J.S.A. 9:6-8.46(a)(2), which declares that "proof ... Legislature recognized this when it enacted the presumption contained in N.J.S.A. 9:6-8.46(a)(2), and we recognized that ... other adults causing the injury negated the presumption imposed by N.J.S.A. 9:6-8.46(a)(2) for the other ...

docket:	a5400-14
court:	NJ Superior Court Appellate Division
decided:	2016-11-15
status:	unpublished
citation:
Document Size:	48356

3104 /usr/local/share/www/libweb/collections/courts/appellate/a0189-21.opn.html -- rank: 824

... a separate lawsuit pursuant to the Uniform Declaratory Judgments Act, N.J.S.A. § 2A:16-50 to -62. She sought a judgment ... yet ripe. The court explained that although the Condominium Act, N.J.S.A. 46:8B- 1 to -38, and specifically N.J.S.A. 46:8B-14(e), requires condominium associations 'purchase and maintain ... to the requested relief under the Uniform Declaratory Judgments Act, N.J.S.A. 2A:16- 50 to -62, and N.J.S.A. 2A:15-23; she has standing to enforce United's ... injury action and in any future declaratory judgment action. 3 N.J.S.A. 2A:15-2, provides: 'A person for whose benefit ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	52006

3105 PAUL NORMAN BOWER AND WILLS O'NEILL & MELLK VS BOARD OF ED OF EAST ORANGE -- rank: 824

... of those criminal charges. For the first time we construe N.J.S.A. 18A:16-6.1, "Indemnity of officers and employees in ... on four counts of aggravated sexual assault in violation of N.J.S.A. 2C:14-2 and three counts of endangering the welfare of children in violation of N.J.S.A. 2C:24-4. Testimony before the grand jury from two ... in defending against prosecution of the first indictment, pursuant to N.J.S.A. 18A:16-6.1. The Commissioner referred the matter to ... determined that Bower could not establish the nexus required by N.J.S.A. 18A:16-6.1, that the conduct alleged in the ... a "final disposition in favor" of Bower as required by N.J.S.A. 18A:16-6.1. The Commissioner of Education adopted ...

docket:	a4836-93
court:	njappellate
decided:	1996-01-30
status:	published
citation:	287 N.J.Super. 15
Document Size:	56362