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32356 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. B.M -- rank: 636

... of the best interests of the child test embodied in N.J.S.A. 30:4C-15.1(a). We affirm, relying on Judge ... appeal: POINT I THE TRIAL COURT'S CONCLUSIONS PURSUANT TO N.J.S.A. 30:4C-15.1(a) WERE BASED UPON A MISAPPLICATION ... considered the proofs required to assess the statutory prongs. See N.J.S.A. 30:4C-15.1(a). Finding that B.M. failed ... with his children, given his absence from their lives. See N.J.S.A. 30:4C-15.1(a)(1). He was unable or ... submit to evaluations, or make himself available for visitation. See N.J.S.A. 30:4C-15.1(a)(2). The Division's substantial ... children ultimately failed because he did nothing in response. See N.J.S.A. 30:4C-15.1(a)(3). The children are ...

docket:	a3250-19
court:	NJ Superior Court Appellate Division
decided:	2021-10-01
status:	Unpublished
citation:
Document Size:	13700

32357 STATE OF NEW JERSEY v. MARIAL PIERCE KRISTINA VANGELI -- rank: 636

... the disorderly persons offense of providing alcoholic beverages to minors, N.J.S.A. 2C:33-17. Pierce and Markowitz were also charged with ...

docket:	a1506-15
court:	NJ Superior Court Appellate Division
decided:	2017-03-03
status:	unpublished
citation:
Document Size:	24464

32358 /usr/local/share/www/libweb/collections/courts/appellate/a5000-18.opn.html -- rank: 636

... THE WRITINGS AND CONDUCT OF THE PARTIES OPERATE TO SATISFY N.J.S.A. 25:1-13(A) C. ALTERNATIVELY OR CUMULATIVELY, THE WRITINGS ... OPERATE TO SATISFY THE 'CLEAR AND CONVINCING EVIDENCE' STANDARD IN N.J.S.A. 25:1-13(B) A-5000-18T4 5 POINT III ... of real estate is unenforceable under the Statute of Frauds, N.J.S.A. 25:1-13, unless there is 'clear and convincing evidence ... along with Van Embden, violated the Consumer Fraud Act ('CFA'), N.J.S.A. 56:8-2, by making alleged material misrepresentations and omissions ...

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32359 ANDREW NEWMAN v. YOLANDA MARQUEZ -- rank: 636

... Civil Part pursuant to the Forcible Entry and Detainer Act, N.J.S.A. 2A:39-1 to -8, alleging defendant Yolanda Marquez had ... not subject to provisions of the Anti-Eviction Act, specifically N.J.S.A. 2A:18-61.1 (exempting "a hotel, motel or other ... entered an order dismissing the complaint without prejudice, finding that N.J.S.A. 2A:18-61.1 did not apply. She invited plaintiff ... of those belongings, and, noting the treble damages provision of N.J.S.A. 2A:39-8, asserted that "recovery in this matter will ... who is] a transient guest or seasonal tenant." (emphasis added) N.J.S.A. 2A:18-61.1. The Anti-Eviction Act, however, does ... taxes are paid on the occupant's behalf." (emphasis added) N.J.S.A. 2A:18-61.1. [(Alteration in original).] In McNeill , ...

docket:	a2513-12
court:	NJ Superior Court Appellate Division
decided:	2013-12-30
status:	unpublished
citation:
Document Size:	20912

32360 STATE OF NEW JERSEY v. DAVID SANTOS -- rank: 636

... 2012, to second-degree certain person not to have weapons, N.J.S.A. 2C:39-7. The State agreed to seek dismissal of ... charging him with second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b), and third-degree possession of cocaine, N.J.S.A. 2C:35-10(a)(1). Judge Kyran Connor sentenced defendant ...

docket:	a1503-12
court:	NJ Superior Court Appellate Division
decided:	2014-11-06
status:	unpublished
citation:
Document Size:	18810

32361 STATE OF NEW JERSEY v. DUAN D. HOWARD -- rank: 636

... percent parole ineligibility under the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. The judge had indicated he would ... guilty plea to two counts of first-degree armed robbery, N.J.S.A. 2C:15-1(b). Defendant's subsequent appeal on an ... six, and nine were found and none found in mitigation. N.J.S.A. 2C:44-1(a)(3), (6), and (9). On the ... s proposed mitigating factors: seven, eight, nine, eleven, and twelve. N.J.S.A. 2C:44-1(b)(7), (8), (9), (11), and (12 ... convinced that the mitigating factors substantially outweighed the aggravating. See N.J.S.A. 2C:44 1(f)(2); State v. Rice , 425 N ...

docket:	a6044-12
court:	New Jersey Superior Court Appellate Division
decided:	2015-03-31
status:	Published
citation:
Document Size:	20836

32362 STATE OF NEW JERSEY v. HENRY MAREK -- rank: 636

... his conviction for refusing to submit to a breathalyzer test, N.J.S.A. 39:4-50.4a, after a trial de novo in ... Linwood charging him with violations of driving while intoxicated (DWI), N.J.S.A. 39:4-98. The case was tried in the Linwood ... Garofolo should not have used his prior DWI convictions under N.J.S.A. 39:4-50.4a, when this was his first conviction ... 96 (2005), where the Court held that "for prosecutions under N.J.S.A. 39:4-50.4a, the State must prove the statutory ... him with refusing to submit to a breathalyzer test, citing N.J.S.A. 39:4-50.2. The statute cited, however, is the ... to submit to a breathalyzer test is set forth in N.J.S.A. 39:4-50.4a. We note that defendant did ...

docket:	a3285-04
court:	njappellate
decided:	2006-03-09
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	27498

32363 HSBC BANK USA, NATIONAL ASSOCIATION v. FIDEL VASQUEZ -- rank: 636

... 21, 2009. Defendants exercised their two statutory adjournments pursuant to N.J.S.A. 2A:17-36, thereby postponing the sale until June 25 ...

docket:	a3053-09
court:	NJ Superior Court Appellate Division
decided:	2011-10-19
status:	unpublished
citation:
Document Size:	23733

32364 NANCY FOULKE v. STAVAL, INC. -- rank: 636

... comply with the technical requirements of the Construction Lien Law, N.J.S.A. 2A:44A-1 to -38. 1 Following a bench trial ... argue that they are entitled to counsel fees pursuant to N.J.S.A. 2A:44A-15a. We affirm substantially for the reasons stated ... to file a notice of unpaid balance in accordance with N.J.S.A. 2A:44A-21(b)(1). Because the Foulkes proceeded to ... judge erred in denying them fees and costs pursuant to N.J.S.A. 2A:44-15a, which permits that relief after discharge of ...

docket:	a3010-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-11
status:	unpublished
citation:
Document Size:	20624

32365 STATE OF NEW JERSEY v. SHAWN CORNELIUS PRESSLEY -- rank: 636

... third-degree possession of cocaine, a controlled dangerous substance ("CDS"), N.J.S.A. 2C:35-10a(1); third-degree possession of CDS with intent to distribute, N.J.S.A. 2C:35-5a(1) and 2C:35-5b(3); and ... CDS with intent to distribute it in a school zone, N.J.S.A. 2C:35-5b(3) and 2C:35-7. The trial ... defendant guilty of the disorderly persons offense of resisting arrest, N.J.S.A. 2C:29-2a(1). With the State's consent, the ...

docket:	a5074-09
court:	NJ Superior Court Appellate Division
decided:	2012-04-13
status:	unpublished
citation:
Document Size:	18364

32366 BOARD OF TRUSTEES OF OCEAN COUNTY COLLEGE v. FACULTY ASSOCIATION OF OCEAN COUNTY COLLEGE -- rank: 636

... that the matter was not arbitrable and that pursuant to N.J.S.A. 18A:3B-6(f), the College had exclusive jurisdiction to ... determined that the matter was appropriate for arbitration, pursuant to N.J.S.A. 34:13A-29, which specifically addressed arbitration of minor disciplinary ... the more general statute concerning the governance of public colleges, N.J.S.A. 18A:3B-6, was not applicable to this situation. Finding ... definite award upon the subject matter submitted was not made. [ N.J.S.A. 2A:24-8.] An award may be modified or corrected ... matter of form not affecting the merits of the controversy. [ N.J.S.A. 2A:24-9.] Like the trial court, our review of ... the professor gave an evasive response during the investigation. See N.J.S.A. 2A:24-9(b). Addressing the latter argument first, ...

docket:	a5096-11
court:	NJ Superior Court Appellate Division
decided:	2013-05-24
status:	unpublished
citation:
Document Size:	20498

32367 NATALEE GORDON AND JOSEPH GORDON v. LIBERTY MUTUAL FIRE INSURANCE COMPANY -- rank: 636

... within the meaning of the UM statute" set forth in N.J.S.A. 17:28-1.1e(2). B. As to plaintiffs' second ... person who is in actual physical control of a vehicle[.]" N.J.S.A. 39:1-1. And for purposes of driving while under the influence of alcohol, N.J.S.A. 39:4-50, the Court has defined operator to include ... phrase "arising out of the . . . use of a motor vehicle." N.J.S.A. 17:28-1.1a. In Grabowski , supra , 345 N.J ...

docket:	a4446-13
court:	New Jersey Superior Court Appellate Division
decided:	2015-06-30
status:	Published
citation:
Document Size:	22540

32368 DEBORAH BILOTTI v. USAA CASUALTY INSURANCE GROUP -- rank: 636

... She found that defendant was not entitled to immunity under N.J.S.A. 17:28-1.9a because it could not produce a ... the distinction between denying defendant the statutory immunity provided by N.J.S.A. 17:28-1.9a, and relieving plaintiff of the burden ... was appropriate when the insurer could not demonstrate compliance with N.J.S.A. 17:28-1.9b. However, we note that decision is ... minimum lawful coverage, satisfy the special coverage selection requirements of N.J.S.A. 17:28-1.9b, and not act in a willful ...

docket:	A3159-06
court:	NJ Superior Court Appellate Division
decided:	2007-11-21
status:	unpublished
citation:
Document Size:	41174

32369 STATE OF NEW JERSEY v. MILTON T. LATHAM, -- rank: 636

... with third-degree possession of a controlled dangerous substance (CDS), N.J.S.A. 2C:35-10(a)(1) (count one); third-degree possession of CDS with intent to distribute, N.J.S.A. 2C:35-5(a)(1), (b)(3) (count two); and ... with intent to distribute within 500 feet of public housing, N.J.S.A. 2C:35-7.1 (count three). The grand jury also ... second-degree conspiracy to possess CDS with intent to distribute, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:35-5(b)(2) (count one); third-degree possession of CDS, N.J.S.A. 2C:35-10(a), (b) (count two); second-degree ...

docket:	a3132-18
court:	NJ Superior Court Appellate Division
decided:	2020-04-21
status:	Unpublished
citation:
Document Size:	13502

32370 STATE OF NEW JERSEY IN THE INTEREST OF A.T. -- rank: 636

... adult, would constitute the crimes of second-degree aggravated assault, N.J.S.A. 2C:39-5D. The court sentenced A.T. to an ...

docket:	a6036-05
court:	njappellate
decided:	2008-04-03
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	20394