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3406 DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.S.K. -- rank: 821
... of the three children from Ali's residence pursuant to N.J.S.A. 9:6- 8.29 and -8.30. Initially, the children ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a) See N.J. Div. of ... because the Division failed to prove the four prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence ... J. Super. 418, 434 (App. Div.) (alterations in original) (quoting N.J.S.A. 30:4C-15.1(a)(2) and J.C., supra ... s progress, development, and health; and (4) facilitating appropriate visitation. [N.J.S.A. 30:4C-15.1(c).] The Division's efforts are ... of parental rights will not do more harm than good.' N.J.S.A. 30:4C- 15.1(a)(4). The focus of ...
docket: a4577-15
court: NJ Superior Court Appellate Division
decided: 2017-05-23
status: unpublished
citation: 457 N.J.Super. 304 199 A.3d 797
Document Size: 97257
3407 IN THE MATTER OF REGISTRANT M.H. -- rank: 821
... his motion to terminate his obligations under Megan's Law, N.J.S.A. 2C:7-1 to -23. Because M.H. committed a ... court concluded he failed to satisfy the termination requirements under N.J.S.A. 2C:7-2(f) (subsection (f)). Before us, M.H ... pled guilty to seven counts of second- degree sexual assault, N.J.S.A. 2C:14-2(c), and one count of fourth-degree A-1189-21 2 criminal sexual contact, N.J.S.A. 2C:14-3(b). He was sentenced to three concurrent ... on his violation of his Megan's Law reporting obligations, N.J.S.A. 2C:7-2(d). In light of this offense, M ... likely to pose a threat to the safety of others.' N.J.S.A. 2C:7-2(f). Despite that legislative mandate, on ...
docket: a1189-21
court: NJ Superior Court Appellate Division
decided: 2023-05-25
status: Published
citation:
Document Size: 52124
3408 DR. MYRON A. MEHLMAN V. MOBIL OIL CORP. ET AL -- rank: 821
... Mehlman brought suit under the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -8. A jury returned a verdict ... individual defendants on the ground that they were barred by N.J.S.A. 34:19-8, which provides that a CEPA action waives ... clear mandate of public policy that Mobil had violated. See N.J.S.A. 34:19-3. The case proceeded to trial.     We conclude ... of the environment."         [ Id. at 423].      Abbamont did not read N.J.S.A. 34:19-3c as requiring actual knowledge of a specific ... had been incompatible with a clear mandate of public policy. N.J.S.A. 34:19-3c. The sine qua non of a CEPA ... 1992), the Court applied the New Jersey Franchise Practices Act, N.J.S.A. 56:10-1 to -15, to the contractual relationship ...
docket: a438-94
court: njappellate
decided: 1996-06-13
status: published
citation: 291 N.J.Super. 98
Document Size: 106246
3409 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. W.B. -- rank: 821
... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] The judge first considered the ... prongs of the statutory best-interests-of-the-child test, N.J.S.A. 30:4C-15.1(a). Additionally, D.C. argues for ... K.H.O. , supra , 161 N.J. at 352 (quoting N.J.S.A. 30:4C-15.1(a)(2)) (internal quotation marks omitted ... home." F.M. , supra , 211 N.J. at 452 (quoting N.J.S.A. 30:4C-15.1a(3)). "The emphasis here is on ...
docket: a4105-13
court: NJ Superior Court Appellate Division
decided: 2015-03-20
status: unpublished
citation:
Document Size: 53167
3410 STATE OF NEW JERSEY IN THE INTEREST OF C.L.H. -- rank: 821
... pursuant to the Prevention of Domestic Violence Act of 1991, N.J.S.A. 2C:25-17 to -35. Because we conclude the court ... here and section 3c(8) of the Gun Control Law, N.J.S.A. 2C:58-3c(8), did not, we reverse. Based on ... safekeeping pursuant to the Prevention of Domestic Violence Act. See N.J.S.A. 2C:25-28j; State v. Harris , 211 N.J. 566 ... all of which were operable, qualified as assault firearms under N.J.S.A. 2C:39-1w(1), (2) or (4), as an enumerated ... seized by the sheriff's officers in April 2013, citing N.J.S.A. 2C:25-21d(3)(b). 3 That subsection of the ... are not to be returned following the hearing required under N.J.S.A. 2C:25-21d(3) to arrange for their sale ...
docket: a0072-14
court: New Jersey Superior Court Appellate Division
decided: 0000-00-00
status: Published
citation: 443 N.J.Super. 48 126 A.3d 1258
Document Size: 40760
3411 MARVRIKIDIS V. PETULLO -- rank: 821
... and verdict sheets be modified to incorporate its contention that N.J.S.A. 39:4-77 and DeBonis v. Orange Quarry Co. , 233 ... under no statutory duty not to overload the Petullos' truck, N.J.S.A. 39:4-77, See footnote 6 a common law duty ... liability to be attributed to the Petullos and Newark Asphalt. N.J.S.A. 2A:15-5.2 requires the jury to determine the ... determining whether they were incompetent contractors. Footnote: 6 Footnote 3 N.J.S.A. 39:4-77 provides in pertinent part:         No person shall ...
docket: a-21-97
court: njsupreme
decided: 1998-03-11
status:
citation: 153 N.J. 117
Document Size: 121074
3412 KATHLEEN M. MOYNIHAN v. EDWARD J. LYNCH -- rank: 821
... required by the 2010 amendment to the Statute of Frauds, N.J.S.A. 25:1-5(h) (Amendment). Neither party sought attorney review ... bar to A-4883-18T3 9 the Statute of Frauds, N.J.S.A. 25:1-5, 5) unjust enrichment, 6) quantum meruit, 7 ... writing and signed by the party to be charged therewith.' N.J.S.A. 25:1- 5. On January 18, 2010, the Statute of ... made with the independent advice of counsel for both parties. [ N.J.S.A. 25:1-5(h) (emphasis added).] The legislative history of ... during the course of such relationship or after its termination.' N.J.S.A. 25:1-5(h). The Amendment does not limit the ... tenants in common or joint tenants, may be divided. See N.J.S.A. 2A:56-1 to -44; R. 4:63-1. ...
docket: a4883-18
court: NJ Superior Court Appellate Division
decided: 2020-11-12
status: Unpublished
citation:
Document Size: 63312
3413 /usr/local/share/www/libweb/collections/courts/supreme/a4514-13.opn.html -- rank: 821
... commit second-degree failure to make proper disposition of property, N.J.S.A. 2C:20-9 and N.J.S.A. 2C:5-2, while acting as a licensed auto broker ... jury indicted defendant and charged him with second-degree theft, N.J.S.A. 2C:20-3(a) (count one); second-degree theft by failure to make required disposition, N.J.S.A. 2C:20-9 (count two); second-degree conspiracy to commit theft, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:20-3(a) (count three); and second-degree ...
docket:
court: NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size: 50001
3414 Melissa Phillips v. John Gelpke -- rank: 821
... after the cause of any such action shall have accrued,” N.J.S.A. 2A:14-2, a minor’s cause of action does ... action for sexual abuse, the Child Sexual Abuse Act (CSAA), N.J.S.A. 2A:61B-1. The CSAA has a generous tolling provision ...
docket: a-1-06
court: njsupreme
decided: 2007-05-17
status:
citation: 190 N.J. 580
Document Size: 68930
3415 Montclair Hospital, LLC v. Glen Ridge Borough -- rank: 821
... 10 10 Our Legislature delineated the tax assessment process under N.J.S.A. 54:4-23. A part of that process includes the ... of all real property situate in his taxing district[.]” N.J.S.A. 54:4-23. Moreover, the municipal tax assessor is charged ... area of each parcel sufficient to ascertain its location. . . .” N.J.S.A. 54:4-24. ~ ENSURING ADA Americans with AN OPEN DOOR ... 007634-2020, 010221-2021, and 008459-2022 Page -22- (citing N.J.S.A. 54:4-23, -24, -29, -30, -31, -34, -35, -36 ... MPT Legacy, is an aggrieved taxpayer within the intendment of N.J.S.A. 54:3-21, and thus possessed standing to file the ...
docket: 012319-19
court: NJ Superior Court Appellate Division
decided: 2023-07-26
status: Unpublished
citation:
Document Size: 82097
3416 COMCAST OF SOUTH JERSEY, INC. v. DIRECTOR, DIVISION OF TAXATION -- rank: 821
... the converters and remotes were exempt from taxation pursuant to N.J.S.A. 54:32B-8.13(e) because they were primarily and ... that the Director be assessed fees and costs pursuant to N.J.S.A. 54:51A-22. The Director opposes Comcast’s motion for ... are those companies that are subject to the provision of N.J.S.A. 48:5A-1 et seq. Comcast challenged the Director’s ... of radio or television information,” the standard enunciated in N.J.S.A. 54:32B-8.13(e). Through documents filed in RCN ... RCN’s purchase of converters was exempt from tax under N.J.S.A. 54:32B-8.13(e) on the basis that the ... converters and remotes were statutorily exempt from taxation and cites N.J.S.A. 54:32B-8.13 as being controlling on this ...
docket: 01153-04
court: NJ Tax Court
decided: 2012-12-18
status: unpublished
citation:
Document Size: 71699
3417 IN THE MATTER OF THE CIVIL COMMITMENT OF F.D SVP-202-01 -- rank: 821
... civilly committed pursuant to the Sexually Violent Predator Act (SVPA), N.J.S.A. 30:4-27.24 to 27.28. Following an appeal ... because of the annual nature of the review process. See N.J.S.A. 30:4-27.35. We now address those issues. II ... the Patient's Bill of Rights, which were codified at N.J.S.A. 30:4-24.2d and state in relevant part: Each ... the Department of Corrections, in consultation with the Attorney General. N.J.S.A. 30:4-27.34d. As for the proposed rule cited ... staff, custodial personnel and others in and about the facility. [ N.J.S.A. 30:4-27.34d.] The proper focus is on administrative ... dissenting colleague suggests that the SVPA requires a finding under N.J.S.A. 30:4-27.26(b) beyond a reasonable doubt. ...
docket: a4637-02
court: New Jersey Superior Court Appellate Division
decided: 2009-12-11
status: Published
citation:
Document Size: 53012
3418 State of New Jersey v. Elise N. Munafo -- rank: 821
... appeal is whether the crime of endangering an injured victim, N.J.S.A. 2C:12-1.2, requires proof that a defendant’s ... herself. [ See Model Jury Charge (Criminal), “Endangering Injured Victim ( N.J.S.A. 2C:12-1.2)” (Apr. 18, 2005).] Defense counsel ... 631 (2014). HELD: When the Legislature enacted the endangering statute, N.J.S.A. 2C:12-1.2, it chose to punish a defendantâ ... condition. The Court relies on the gap-filler provision at N.J.S.A. 2C:2-2(c) to add the mental state of ... convicted defendant of endangering a helpless victim, in violation of N.J.S.A. 2C:12-1.2. On appeal, defendant argued that the ... an indictment that charged defendant with first-degree attempted murder, N.J.S.A. 2C:5-1 and N.J.S.A. 2C: ...
docket: A-6-14
court: NJ Supreme Court
decided: 2015-08-05
status:
citation: 222 N.J. 480 120 A.3d 170
Document Size: 78794
3419 DIVISION OF YOUTH AND FAMILY SERVICES v. S.L.C. -- rank: 821
... also classified as a Tier II registered sex offender under N.J.S.A. 2C:7-8. The day after S.L.C.'s ... 103 N.J. 591 , 604-10 (1986), and codified in N.J.S.A. 30:4C-15.1(a). The determination was memorialized in ... 308 N.J. Super. at 383. The State Constitution and N.J.S.A. 30:4C-15(c) and 15.1(a) require satisfaction ... Div. 2001) . Specifically, the four-prong test set forth in N.J.S.A. 30:4C-15.1(a) requires DYFS to prove: (1 ... 161 N.J. at 354. "Reasonable efforts" are defined in N.J.S.A. 30:4C-15.1(c) as including: (1) consulting and ... 419 N.J. Super. 568 , 579 (App. Div. 2011) (citing N.J.S.A. 3B:12A-1(b), -6(d)(3)). However, "kinship ...
docket: a1964-10
court: NJ Superior Court Appellate Division
decided: 2011-10-14
status: unpublished
citation:
Document Size: 64672
3420 JIHAD SLIM v. LINA SLIM -- rank: 821
... appropriate amount of alimony, the judge considered the factors under N.J.S.A. 2A:34-23b, including plaintiff's age, hours, and children ... the court from time to time as circumstances may require." N.J.S.A. 2A:34-23. Thus, alimony obligations, whether set in judicial ... factors the Legislature has identified as relevant to alimony" under N.J.S.A. 2A:34-23b, under which "[r]easons such as lack ... The judge also discussed each of the statutory factors under N.J.S.A. 2A:34-23b, as required by Storey , supra , 373 N ... responsibilities of child rearing in order to effect this policy. [ N.J.S.A. 9:2-4 (emphasis added).] That public policy cannot be ... when the court's involvement is in setting alimony, see N.J.S.A. 2A:34:23b(7), and does not become irrelevant ...
docket: a1173-12
court: NJ Superior Court Appellate Division
decided: 2013-11-27
status: unpublished
citation:
Document Size: 52306
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