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3826 STATE OF NEW JERSEY v. LANCE S. RICHARDSON -- rank: 819

... controlled dangerous substance with intent to distribute, in violation of N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(10),1 and was sentenced to ...

docket:	a1288-18
court:	NJ Superior Court Appellate Division
decided:	2020-05-15
status:	Unpublished
citation:
Document Size:	46262

3827 In re NJPDES Permit No. NJ0025241 -- rank: 819

... Court.     This appeal involves the Water Pollution Control Act (WPCA), N.J.S.A. 58: 10A-1 to -43, and the hearing rights that ... not the WPCA permit applicant, requesting “party” status pursuant to N.J.S.A. 58: 10A-7e.     The WPCA governs the process for issuance ... devoted to environmental interests. It applied for party status under N.J.S.A. 58: 10A-7e in connection with Asbury Park’s permit ... adjudicatory hearing. 1. The New Jersey Administrative Procedures Act (APA), N.J.S.A. 52: 14B-1 to -24, “prescribes the procedure to be ... such a hearing, except in the sole instance recognized in N.J.S.A. 52: 14B-11 (governing license revocations and renewals.). Generally, constitutional ... or fact that is “likely to affect the permit determination.” N.J.S.A. 58: 10A-7e (3). The WPCA amendment ultimately enacted ...

docket:	a-116-04
court:	njsupreme
decided:	2006-01-11
status:
citation:	*CITE_PENDING*
Document Size:	50050

3828 EVELYN SEDA LEQUERICA and STEVE A. LEQUERICA v. METROPOLITAN YMCA OF THE ORANGES and CAROL D. SCANLON - and CAROL DE SCAGLIONE and YOUNG MEN'S AND YOUNG WOMEN'S HEBREW ASSOCIATION OF NORTH JERSEY -- rank: 819

... to the protections afforded by the Charitable Immunity Act (CIA), N.J.S.A. 2A:53A-7 to -11; and (2) plaintiff could not ... – that would prevent it from receiving the immunity that N.J.S.A. 2A:53A-7 provides for. The YMCA makes its services ... is not entitled to the immunity as set forth in N.J.S.A. 2A:53A-7. Alternatively, however, relying on Sayers v. Ranger ... outside of the benefactions of such corporation, society or association. [ N.J.S.A. 2A:53A-7(a).] Importantly, the Legislature declared the provisions ... and associations organized for religious, charitable, educational or hospital purposes. [ N.J.S.A. 2A:53A-10.] The Court directly interpreted these provisions, stating ... utilized by the charitable organization to fulfill its qualifying purposes. N.J.S.A. 2A:53A-9. Notably, it is the actual use ...

docket:	a3052-15
court:	NJ Superior Court Appellate Division
decided:	2017-04-21
status:	unpublished
citation:
Document Size:	59541

3829 STATE OF NEW JERSEY v. E.S. -- rank: 819

... 1 appeals his conviction for first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a) (count one); second-degree sexual assault, N.J.S.A. 2C:14-2(b) (count two); and second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a) (count three); all involving his stepdaughter ... parole ineligibility pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. The judge merged the endangering count ... prove sexual penetration beyond a reasonable doubt, as required by N.J.S.A. 2C:14-2(a). The State asserts that there was ... sexual penetration with" a "victim [] less than 13 years old." N.J.S.A. 2C:14-2(a)(1). Sexual penetration is defined ...

docket:	a3198-11
court:	NJ Superior Court Appellate Division
decided:	2014-06-20
status:	unpublished
citation:
Document Size:	73072

3830 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. M. a/k/a M.P. and J.S. -- rank: 819

... met its burden under the four best interests prongs in N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence ... R]ED RESOURCE PURSUANT TO THE JULY 2021 REVISIONS TO N.J.S.A. 30:4C-15.1(a), AND THE RESOURCE PARENTS' UNDERSTANDING ... trial court employs the four best interests prongs codified in N.J.S.A. 30:4C-15.1(a), and considers whether: (1) The ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] 'The four criteria enumerated in ... the court may award KLG to the relative pursuant to N.J.S.A. 3B:12A-1. Additionally, the Division has a statutory obligation ... to provide the care and support required by the child.' N.J.S.A. 30:4C-12.1(a); see also N.J. ...

docket:	a1787-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-12
status:	Unpublished
citation:
Document Size:	53085

3831 PETER W. INNES v. MARIA JOSE CARRASCOSA -- rank: 819

... found that Innes had proper grounds for divorce pursuant to N.J.S.A. 9:2-1 to -21, "a party cannot remove a ... the parties."     The court then examined the various factors of N.J.S.A. 9:2-4C to determine how custody should be awarded ... jurisdiction over custody, parenting time, and child support issues under N.J.S.A. 2A:34-66."     Following its findings on the issues of ... on the Court's analysis of the custody factors under N.J.S.A. 9:2-4." The August 24, 2006 order also compelled ... of interference with custody in the second degree contrary to N.J.S.A. 2A:34-8 states: The Superior Court shall have jurisdiction ... real or personal property within the jurisdiction of the court . . .      N.J.S.A. 2A:34-10 similarly holds that jurisdiction over divorce ...

docket:	A1821-06
court:	NJ Superior Court Appellate Division
decided:	2007-04-03
status:	published
citation:	391 N.J. Super. 453 918 A.2d 686
Document Size:	96039

3832 Jock v. Zoning Board of Adjustment of the Township of Wall -- rank: 819

... that Shire had satisfied the positive and negative criteria in N.J.S.A. 40:55D-70. The Appellate Division reversed. 371 N.J ... In reaching our conclusion, we relied on the language of N.J.S.A. 40:55-1.2 that defines a subdivision as “the ... either side, was sufficient to fall within the meaning of N.J.S.A. 40:55D-7. Likewise, in Scardigli , supra , the Appellate Division ... variance application in a subdivision case. Cox, § 5-1.1; N.J.S.A. 40:55D-60. Footnote: 6 Ar d olino v. Bd ...

docket:	a-72-04
court:	njsupreme
decided:	2005-08-04
status:
citation:	184 N.J. 562
Document Size:	95425

3833 STATE OF NEW JERSEY v. RYAN S. ROBERTS -- rank: 819

... operating a motor vehicle during a period of license suspension, N.J.S.A. 2C:40-26(b),1 and was sentenced to a ... COURT ERRED IN DENYING DEFENDANT'S MOTION TO SUPPRESS[.] .... 1 N.J.S.A. 2C:40-26(b) provides '[i]t shall be a ... 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 . . . [ N.J.S.A. 39:4- 50.4a (refusal to submit to breath testing)].' Under N.J.S.A. 2C:40-26(c), there is 'a fixed minimum ...

docket:	a0042-17
court:	NJ Superior Court Appellate Division
decided:	2019-02-05
status:	Unpublished
citation:
Document Size:	34919

3834 STATE OF NEW JERSEY VS. ROGER HOWARD -- rank: 819

... indicted in 2013 on charges including: first-degree attempted murder, N.J.S.A. 2C:5-1 and N.J.S.A. 2C:11-3(a)(1), (2) (counts one and two); first-degree robbery, N.J.S.A. 2C:15-1 (counts three and four); second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1) (counts five and six); second- degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b) (count seven), second-degree possession of a weapon for unlawful purposes, N.J.S.A. 2C:39-4(a) (counts eight and nine); third- ...

docket:	a0609-22
court:	appellate
decided:	2024-06-18
status:	Unpublished
citation:
Document Size:	44740

3835 D.G. v. NORTH PLAINFIELD BOARD OF EDUCATION -- rank: 819

... of discrimination in violation of the Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -42, the Americans With Disabilities Act ... was no error in Judge Kumpf's order remanding it. N.J.S.A. 52:14B-1 to -24; s ee, e.g. , Infinity ...

docket:	A3988-05
court:	NJ Superior Court Appellate Division
decided:	2008-04-09
status:	published
citation:	400 N.J.Super. 1
Document Size:	113772

3836 Lorraine Gormley v. LaTanya Wood-El -- rank: 819

... A. § 1983, and the New Jersey Civil Rights Act, N.J.S.A. 10:6-2(c), alleging that her constitutional right to ... A. § 1983, and the New Jersey Civil Rights Act, N.J.S.A. 10:6-2(c), and under the state common law ... A. § 1983, and the New Jersey Civil Rights Act, N.J.S.A. 10:6-2(c). She alleges that defendants violated her ... classified as a danger to themselves, others, or property. Cf. N.J.S.A. 30:4-27.2(m) (defining “in need of ... a claim under the analogous New Jersey Civil Rights Act, N.J.S.A. 10:6-1 to -2. Section 1983 applies only to deprivations of federal rights, whereas N.J.S.A. 10:6-1 to -2 applies not only to ...

docket:	A-101-11
court:	NJ Supreme Court
decided:	2014-06-30
status:
citation:
Document Size:	173886

3837 L.W. v. Toms River Regional Schools Board of Education -- rank: 819

... held liable under the New Jersey Law Against Discrimination (LAD), N.J.S.A . 10:5-1 to -49, when students harass another student ... under the New Jersey Law Against Discrimination (LAD or Act), N.J.S.A. 10:5-1 to -49, when students harass another student ... N.J. 1 , 12 (2002) (citing L. 1945, c. 169; N.J.S.A. 10:5-2). The Legislature declared that “discrimination threatens not ... suffer personal hardships, and the State suffers a grievous harm.” N.J.S.A. 10:5-3. With those legislative underpinnings as a backdrop ... is recognized as and declared to be a civil right. [ N.J.S.A. 10:5-4.]     Pursuant to the LAD, it is unlawful ... the basis of that person’s “affectional or sexual orientation.” N.J.S.A. 18A:37-13 to -18 (enacting procedures to curb ...

docket:	a-111-05
court:	njsupreme
decided:	2007-02-21
status:
citation:	189 N.J. 381
Document Size:	78937

3838 In the Matter of William R. Hendrickson, Jr., Department of Community Affairs -- rank: 819

... September 18, 2018 ALBIN, J., writing for the Court. Under N.J.S.A. 52:14B-10(c), when an agency, such as the ... argued that termination was the appropriate punishment. In accordance with N.J.S.A. 52:14B-10(c), the Commission had forty-five days ... modify” the ALJ’s findings and render a final decision. N.J.S.A. 11A:2-3 provides that the Commission “shall consist ... final decision of the head of the agency.” See N.J.S.A. 52:14B-10(c). The DCA appealed the Commission’s ... is shocking to one’s sense of fairness. 2 1. N.J.S.A. 52:14B-10 generally sets forth the procedures for resolving ... brief). JUSTICE ALBIN delivered the opinion of the Court. Under N.J.S.A. 52:14B-10(c), when an agency, such as ...

docket:	a-12-17
court:	NJ Supreme Court
decided:	2018-09-18
status:
citation:	235 N.J. 145 193 A.3d 854
Document Size:	48592

3839 State of New Jersey v. Angelo A. Grenci, Jr. -- rank: 819

... of an Ocean County indictment with committing second-degree burglary, N.J.S.A. 2C:18-2. 1 The indictment arose from allegations that ... indictment charging defendant with one count of second-degree burglary, N.J.S.A. 2C:18-2, three counts of second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1), and three counts of third-degree aggravated assault, N.J.S.A. 2C:12-1(b)(2). Co-defendants Fallas and Germann ... five percent parole disqualifier under the No Early Release Act, N.J.S.A. 2C:43-7.2. B. In an unpublished per curiam ... Serious bodily injury, an element of second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1), is not an element ...

docket:	a-104-07
court:
decided:	2009-02-24
status:
citation:	197 N.J. 604
Document Size:	90126

3840 IN THE MATTER OF THE TRUST OF VIOLET NELSON, DECEASED -- rank: 819

... Uniform Trust Code (NJUTC), L. 2015, c. 276, codified at N.J.S.A. 3B:31-1 to -84, which was enacted while the ... a trust to conform to a settlor's probable intent. N.J.S.A. 3B:31-31 (Section 31) states, 'The court may reform ... if unambiguous, to conform to the settlor's probable intent.' N.J.S.A. 3B:31-32 (Section 32). The court held that the ... Sections 31 and 32 of the NJUTC applied pursuant to N.J.S.A. 3B:31-84(a)(3). That section states that, except ... J. at 64). The doctrine is enshrined in statute. See N.J.S.A. 3B:3- 33.1. That states that the trust's ... or by such governing instrument and relevant circumstances, is contrary.' N.J.S.A. 3B:3-33.1(b). See William A. Dreier, ...

docket:	a4004-15
court:	NJ Superior Court Appellate Division
decided:	2018-03-28
status:	published
citation:	454 N.J.Super. 151 184 A.3d 526
Document Size:	72805