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3631 STATE OF NEW JERSEY VS. PIERCE DAIQUAN BRYANT -- rank: 819

... third-degree crime of endangering the welfare of a child, N.J.S.A. 2C:24-4(a), defendant Pierce Bryant appeals from his ... law, we conclude that a conviction for a violation of N.J.S.A. 2C:24-4(a) does not require proof that a ... 2009, defendant was charged with first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(2)(a) (count one); third-degree aggravated criminal sexual contact, N.J.S.A. 2C:14-3(a) (count two); and two counts of third-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a) (counts three and four). The charges ... would impair or debauch the morals of the child." See N.J.S.A. 2C:24-4(a). Defendant's factual basis, as ...

docket:	a1480-09
court:	superior court trial
decided:	2011-03-03
status:	Published
citation:	419 N.J.Super. 15 15 A.3d 865
Document Size:	52108

3632 STATE OF NEW JERSEY v. AARON ELLIS -- rank: 819

... trial of second-degree aggravated assault causing serious bodily injury, N.J.S.A. 2C:12-1(b)(1); third-degree aggravated assault with a deadly weapon, N.J.S.A. 2C:12-1(b)(2); and third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(d). 1 The judge sentenced defendant to ... parole ineligibility pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant appeals from his conviction and ... imposed, arguing: POINT I THE CONVICTION FOR AGGRAVATED ASSAULT UNDER N.J.S.A. 2C:12-1(b)(1) MUST BE REVERSED BECAUSE THE ... serious bodily injury conviction. The court found aggravating factors three, N.J.S.A. 2C:44-1(a)(3) (risk of recidivism); six, ...

docket:	a0676-14
court:	NJ Superior Court Appellate Division
decided:	2016-11-28
status:	unpublished
citation:
Document Size:	42329

3633 IN RE N.J.A.C. 17:2-6.5. -- rank: 819

... was not the result of his [or her] willful negligence.' N.J.S.A. 43:15A-43(a). For over fifty years, the Public ... pensions from employees whose disability results from their 'willful negligence,' N.J.S.A. 43:15A–43(a) — but the statute does not ... likewise deny accidental-disability pensions because of willful negligence. See N.J.S.A. 18A:66-39(c) (TPAF); N.J.S.A. 43:16A-7(a)(1) (PFRS); N.J.S.A. 53:5A-10(a) (SPRS).2 Because the PERS statute ... a) (June 17, 1921, c. 109, § 11 (codified at N.J.S.A. 43:14-31, then repealed by L. 1954, c. ...

docket:	a2059-18
court:	NJ Superior Court Appellate Division
decided:	2021-06-21
status:	Published
citation:
Document Size:	38686

3634 DIVISION OF CHILD PROTECTION AND PERMANENCY v. C.M.S.-G. -- rank: 819

... on her person. She was charged with possession of heroin, N.J.S.A. 2C:35-10(a), possession of a syringe for an unauthorized purpose, N.J.S.A. 2C:36-6, and was issued summonses for speeding, N.J.S.A. 39:4-98, and drug possession by a motor vehicle operator, N.J.S.A. 39:4-49.1. Because C.S. did not appear ... the Division failed to prove all four prongs of the N.J.S.A. 30:4C-15.1(a) "best interests of the child ... O. , 161 N.J. 337 , 347 (1999) (citation omitted). Under N.J.S.A. 30:4C-15.1(a), the Division can initiate ...

docket:	a1225-14
court:	NJ Superior Court Appellate Division
decided:	2015-10-29
status:	unpublished
citation:
Document Size:	44356

3635 STATE OF NEW JERSEY v. A.O.F -- rank: 819

... counts of aggravated sexual assault of a child under thirteen, N.J.S.A. 2C:14-2(a)(1); two counts of aggravated sexual assault of a related child between thirteen and sixteen, N.J.S.A. 2C:14-2(a)(2)(a); two counts of second ... between thirteen and sixteen, with an actor four years older, N.J.S.A. 2C:14-2(c)(4); and third-degree endangering the welfare of child, N.J.S.A. 2C:24-4(a). The charges arose out of defendant ... of parole ineligibility under the No Early Release Act (NERA) N.J.S.A. 2C:43-7.2. The court imposed concurrent twenty-year ... 452 N.J. Super. 513, 523 (App. Div. 2017) (analyzing N.J.S.A. 9:6-8.46(a)(4)). In R.K., ...

docket:	a1221-17
court:	NJ Superior Court Appellate Division
decided:	2020-05-04
status:	Unpublished
citation:
Document Size:	40577

3636 STATE OF NEW JERSEY v. ANTHONY ARDIS and PAUL BAZELA - -- rank: 819

... See L. 1902, c. 49, p. 195 (now codified at N.J.S.A. 58:14-2). It maintains as a wastewater treatment plant ... and Bazela with the following offenses: second-degree official misconduct, N.J.S.A. 2C:30-2 (Count Two); second-degree pattern of official misconduct, N.J.S.A. 2C:30-7(a) (Count Three); third-degree theft by unlawful taking, N.J.S.A. 2C:20-3 (Count Four); and second-degree conspiracy to commit those charged acts, N.J.S.A. 2C:5-2 (Count One). In April 2012, Ardis filed ... of the indictment, with certain modifications: third-degree official misconduct, N.J.S.A. 2C:30-2 (Count Two) 3 ; third-degree pattern ...

docket:	a0670-14
court:	NJ Superior Court Appellate Division
decided:	2016-05-05
status:	unpublished
citation:
Document Size:	88817

3637 STATE OF NEW JERSEY IN THE INTEREST OF J.C. -- rank: 819

... the Family Part denied the State's motion pursuant to N.J.S.A. 2A:4A-26 to waive jurisdiction of J.C.'s ... waiver, thereby requiring denial of the State's motion under N.J.S.A. 2A:4A-26(e). We granted the State leave to ... appeal that ruling, and now affirm. I. In relevant part, N.J.S.A. 2A:4A-26(a) provides that the trial court shall ... by auto, strict liability for drug induced deaths, pursuant to [ N.J.S.A. 2C:35-9], robbery which would constitute a crime of ... of the second degree, kidnapping , aggravated arson, or gang criminality . . . . [ N.J.S.A. 2A:4A-26(a) (emphasis added).] N.J.S.A. 2A:4A-26(e) further provides that: If the ...

docket:	a5493-13
court:	NJ Superior Court Appellate Division
decided:	2015-03-04
status:	unpublished
citation:
Document Size:	61453

3638 /usr/local/share/www/libweb/collections/courts/tax/11330-15.opn.html -- rank: 819

... federal taxable income. On August 17, 2012, as required by N.J.S.A. 54:10A-13, plaintiff timely notified the Director, Division of ... refund claims was open for tax years 2007 through 2009. N.J.S.A. 54:49-14(a). On or about February 20, 2013 ... in the computation of the sales and property allocation fractions. N.J.S.A. 54:10A-6.” The changes in plaintiff’s business ... and receipts fractions it is entitled to relief pursuant to N.J.S.A. 54:10A-8 because the Director’s proposed allocation formula ... capital or property, or maintaining an office, in this State. [ N.J.S.A. 54:10A-2.] The tax is imposed on a corporation� ... profit gained through a sale or conversion of capital assets. [ N.J.S.A. 54:10A-4(k).] This broad definition of entire ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	70641

3639 PAUL J. BANACH v. ALEX TARAKANOV -- rank: 819

... further concluded that plaintiffs' claim against NJM is barred by N.J.S.A. 17:28-1.9. Because the record reveals factual questions ... judge further found that NJM was "entitled to immunity under N.J.S.A. 17:28-1.9," providing it with "a shield against ... person has in fact been misled, deceived or damaged thereby. [ N.J.S.A. 56:8-2.] In Myska we further noted that, although ... not only loosely track the exception to the immunity statute, N.J.S.A. 17:28-1.9, they also allege conduct that would ... intent that others rely upon such concealment, suppression or omission." N.J.S.A. 56:8-2. Based upon our review of the record ... properly granted summary judgment, claiming entitlement to immunity, pursuant to N.J.S.A. 17:28-1.9, which provides, in pertinent part: ...

docket:	a5505-14
court:	NJ Superior Court Appellate Division
decided:	2017-09-12
status:	unpublished
citation:
Document Size:	60814

3640 PATRICIA TOSCANO v. BOARD OF TRUSTEES PUBLIC EMPLOYEES RETIREMENT SYSTEM -- rank: 819

... PERS) denying her application for ordinary disability retirement benefits under N.J.S.A. 43:15A-42. The Board adopted the initial decision of ... 1 Toscano originally applied for accidental disability retirement benefits under N.J.S.A. 43:15A-43. Ultimately, the Board denied eligibility for both ... performance of her regular and assigned duties' as defined by ' N.J.S.A. 43:15A-43 and relevant case law.' However, the Board ... PERS provides for both ordinary and accidental disability retirement benefits. N.J.S.A. 43:15A-42, -43. The principal difference between ordinary and ... incapacitated for the performance of duty and should be retired.' N.J.S.A. 43:15A-42. To meet that standard, an applicant must ...

docket:	a0861-20
court:	NJ Superior Court Appellate Division
decided:	2022-05-09
status:	Unpublished
citation:
Document Size:	60233

3641 STATE OF NEW JERSEY v. DAVID MOSNER -- rank: 819

... boy seriously injured: fourth-degree assault by motor vehicle (snowmobile), N.J.S.A. 2C:12-1.1 (count two). Defendant was also charged ... offenses: operating a snowmobile on a public street or highway, N.J.S.A. 39:3C-3 and N.J.S.A. 39:4-130 and N.J.S.A. 39:4-96. Defendant applied for admission to the Sussex ... determination, the prosecutor must evaluate the criteria set forth in N.J.S.A. 2C:43-12e and the Rule 3:28 Guidelines. Negran ... pretrial intervention ineffective." R. 3:28, Guideline 4. See also N.J.S.A. 2C:43-12g. Rejection of PTI admission should only ...

docket:	a1650-07
court:	NJ Superior Court Appellate Division
decided:	2009-05-04
status:	published
citation:	407 N.J. Super. 40 969 A.2d 487
Document Size:	77975

3642 DIVISION OF CHILD PROTECTION AND PERMANENCY v. L.A.B. -- rank: 819

... she addressed the statutory standards governing termination of parental rights, N.J.S.A. 30:4C-15.1(a)(1) to (4), as well ... Lori also requested the Division consider kinship legal guardianship (KLG), N.J.S.A. 3B:12A-1 to -7, but the Division confirmed its ... oral opinion, concluding the Division satisfied the four prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence ... 161 N.J. at 347. This standard is codified at N.J.S.A. 30:4C-15.1(a) and requires the State to ... in permanent placement' will further harm the child." Ibid. (quoting N.J.S.A. 30:4C-15.1(a)(2)). The trial court is ... s progress, development, and health; and (4) facilitating appropriate visitation. [ N.J.S.A. 30:4C-15.1(c).] Whether the Division acted ...

docket:	a1396-15
court:	NJ Superior Court Appellate Division
decided:	2016-12-28
status:	unpublished
citation:
Document Size:	72885

3643 STATE OF NEW JERSEY v. DARRYL BISHOP -- rank: 819

... applicable to resentencing a defendant whose special probation pursuant to N.J.S.A. 2C:35-14 has been permanently revoked. 2 Defendants Darryl ... controlled dangerous substance within one thousand feet of school property, N.J.S.A. 2C:35-7, to extended terms of imprisonment with a parole disqualifier pursuant to N.J.S.A. 2C:43-6f. Relying on cases applicable to resentencing after a revocation of "regular" probation pursuant to N.J.S.A. 2C:45-3b, defendants contend that the sentences they received ... to distribute heroin within one thousand feet of school property, N.J.S.A. 2C:35-7. Both defendants had been previously convicted of ... mandatory extended terms, if requested by the prosecutor, pursuant to N.J.S.A. 2C:43-6f. Pursuant to plea agreements in both ...

docket:	a1399-11
court:	NJ Superior Court Appellate Division
decided:	2013-02-27
status:	published
citation:
Document Size:	57814

3644 MICHAEL JOYE, et al. v. HUNTERDON CENTRAL REGIONAL HIGH SCHOOL BOARD OF EDUCATION, et al. -- rank: 819

... the Hunterdon Central drug testing policy violates the common law, N.J.S.A. 18A:40A-12 and State regulations governing the issue, and ... policy under review. In his opinion, the trial court wrote: �������� N.J.S.A. 18A:40A-1 et seq. in conjunction with N.J ... takes an oath to "support the Constitution of this State...." N.J.S.A. 41:2A-6. Bound to fulfill our covenant with the ... is under the influence of illegal drugs or alcohol," citing N.J.S.A. 18A:40A-12. See Odenheim v. Carlstadt-East Rutherford Regional ...

docket:	A3017-00
court:	NJ Superior Court Appellate Division
decided:	2002-08-12
status:	published
citation:	353 N.J. Super. 600 803 A.2d 706
Document Size:	75161

3645 ROZELLE E. VILLANUEVA v. MATTHEW J. ZIMMER -- rank: 819

... the defendant in an action under Conscientious Employee Protection Act, N.J.S.A. 34:19-1 to —8, from arguing that plaintiff ...

docket:	a1587-11
court:	NJ Superior Court Appellate Division
decided:	2013-06-21
status:	published
citation:	431 N.J.Super. 301 69 A.3d 131
Document Size:	58119