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38851 STATE OF NEW JERSEY v. WILLIE JACKSON -- rank: 574

... in indictment no. 04-02-455 for first-degree murder, N.J.S.A. 2C:12-1b (count eight); fourth-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5d (count nine); third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4d (count ten); and third-degree receipt of stolen property, N.J.S.A. 2C:20-7 (count eleven). On February 7, 2005, defendant ... one of the indictment, amended to second-degree reckless manslaughter, N.J.S.A. 2C:11-4b, and to count three, carjacking, N.J.S.A. 2C:43-7.2, to be served concurrently with ...

docket:	a5192-07
court:	superior court appellate division
decided:	2010-01-08
status:	unpublished
citation:
Document Size:	31917

38852 W.M., on behalf of a minor child, M.M v. BOARD OF EDUCATION OF THE BOROUGH OF BRADLEY BEACH MONMOUTH COUNTY - -- rank: 574

... unilateral out-of-district placement of his son pursuant to N.J.S.A. 18A:38-15, which provides: Any board of education not ... ALJ concluded respondent had not abused its discretionary authority under N.J.S.A. 18A:38-15 when it declined to pay M.M ... Middletown Twp., 199 N.J. 1, 10 (2009)). Pursuant to N.J.S.A. 18A:38-1, any individual under the age of twenty ... student's out-of-district tuition is a discretionary decision. N.J.S.A. 18A:38-15. Our courts hold that a discretionary decision ...

docket:	a0368-18
court:	NJ Superior Court Appellate Division
decided:	2020-06-05
status:	Unpublished
citation:
Document Size:	10546

38853 STATE OF NEW JERSEY v. ARTHUR HOWARD -- rank: 574

... degree possession of a controlled dangerous substance (CDS), contrary to N . J . S . A . 2C:35-10(a)(1), and third-degree possession of ... in a school zone with intent to distribute, contrary to N . J . S . A . 2C:35-7(a). He challenges the resulting aggregate sentence ... charged him with third-degree possession of cocaine, contrary to N.J.S.A. 2C:35-10(a)(1). The second indictment charged Howard ... degree possession of cocaine with intent to distribute, contrary to N.J.S.A. 2C:35-5(a)(1) and (b)(3); and third ... in a school zone with intent to distribute, contrary to N.J.S.A. 2C:35-7(a). Howard pled guilty to the count ... 4, WHICH REQUIRES EXTENDED TERMS IN ALL CASES ELIGIBLE UNDER N.J.S.A. 2C:43-6[f], UNLESS THE DEFENDANT WAIVES HIS ...

docket:	a0702-11
court:	NJ Superior Court Appellate Division
decided:	2013-04-16
status:	unpublished
citation:
Document Size:	13447

38854 EDWARD FEINS v. BOROUGH OF BEACH HAVEN LAND USE BOARD -- rank: 574

... for on-site parking, zero spaces where fifteen are required. N.J.S.A. 40:55D-70c(1)(a). The remaining variances were granted pursuant to N.J.S.A. 40:55D-70c(2): side-yard setbacks for the refrigeration ... Board's action was authorized by paragraph c(2) of N.J.S.A. 40:55D-70. Through that provision, "[t]he Legislature undoubtedly ... to the affirmative advancement of zoning purposes [set forth in N.J.S.A. 40:55D-2] and by the negative criteria of N.J.S.A. 40:55D-70.'" Pullen v. Twp. of South Plainfield Planning ... Promotion of the "general welfare" is a purpose approved in N.J.S.A. 40:55D-2, and a grant of variances that ...

docket:	a5638-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-01
status:	unpublished
citation:
Document Size:	15263

38855 MARTHA RUGGERO v. MICHAEL RUGGERO -- rank: 574

... judge explained that defendant's retroactive application was prohibited by N.J.S.A. 2A:17-56.23a and that defendant failed to meet ... his situation warrants an exception to the retroactive bar of N.J.S.A. 2A:17-56.23a. He further seeks a remand to ... persuaded by defendant's arguments on the retroactive application of N.J.S.A. 2A:17-56.23a. In Golian v. Golian , 344 N ...

docket:	A1694-05
court:	NJ Superior Court Appellate Division
decided:	2006-05-31
status:	unpublished
citation:
Document Size:	29130

38856 THE SALT & LIGHT COMPANY, INC v. TOWNSHIP OF WILLINGBORO ZONING BOARD OF ADJUSTMENT -- rank: 574

... 163 (App. Div.), certif. denied , 162 N.J. 488 (1999)). N.J.S.A. 40:55D-70 provides: No variance or other relief may ... was decided in keeping with Sica , as well as with N.J.S.A. 40:55D-70 which provides that a variance even for ...

docket:	a0626-12
court:	NJ Superior Court Appellate Division
decided:	2013-05-14
status:	unpublished
citation:
Document Size:	15550

38857 STATE OF NEW JERSEY v. ANDREW D. JOHNSON -- rank: 574

... testify, he was convicted of second-degree attempted aggravated assault, N.J.S.A. 2C:2-6 and N.J.S.A. 2C:15-1. He was sentenced to an aggregate fifty ...

docket:	a0787-07
court:	NJ Superior Court Appellate Division
decided:	2009-07-17
status:	unpublished
citation:
Document Size:	29998

38858 MAXIE LEE RIVERS v. LETITIA COX-RIVERS -- rank: 574

... may be retroactive to the date the motion is filed, N.J.S.A. 2A:17-56.23a, although an emancipation order that requires ...

docket:	a6803-03
court:	njappellate
decided:	2005-11-16
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	36883

38859 IN THE MATTER OF THE ESTATE OF GERALDINE PARKS -- rank: 574

... and any commissions ordinarily payable to them are forfeited under N.J.S.A. § 3B:18-5. Equity dictates that the harm to ... of administration. The Administrator is entitled to legal fees under N.J.S.A. § 3B:18-6 and commissions under N.J.S.A. § 3B:18-4 and N.J.S.A. § 3B:18-16. The order also contained a provision ... executor. The order also permitted compensation to Glenn, pursuant to N.J.S.A. 3B:18-13, in the amount of $2500. The record ...

docket:	a5673-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-13
status:	unpublished
citation:
Document Size:	16424

38860 STATE OF NEW JERSEY v. J.A.S. -- rank: 574

... guilty of third degree endangering the welfare of a child, N.J.S.A. 2C:14-3b. After the appropriate mergers, defendant was sentenced ... charged, e.g. , ten years for a second-degree offense, N.J.S.A. 2C:43-6(a)(2)." Id. at 487. Accordingly, we ...

docket:	a4613-05
court:	njappellate
decided:	2007-06-04
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	30530

38861 STATE OF NEW JERSEY v. MARTY ALSTON -- rank: 574

... to a jury, defendant was convicted of first-degree robbery, N.J.S.A. 2C:15-1; third-degree theft, N.J.S.A. 2C:20-3(a); first-degree kidnapping, N.J.S.A. 2C:13-1(b); third-degree criminal restraint, N.J.S.A. 2C:13-2(a); second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a); and third-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b). On February 1, 2008, defendant ...

docket:	a3082-14
court:	NJ Superior Court Appellate Division
decided:	2017-03-10
status:	unpublished
citation:
Document Size:	17059

38862 IN THE MATTER OF REGISTRANT L.F -- rank: 574

... the Legislature amended the registration provisions of Megan's Law, N.J.S.A. 2C:7-1 to -23, to add subsection (g), N.J.S.A. 2C:7-2(g), described more fully in our opinion ... moved to be relieved of his obligation to register under N.J.S.A. 2C:7-2(f). Although acknowledging L.F. had been ... similar to one for sexual assault under New Jersey law, N.J.S.A. 2C:14-2(c)(1), as both criminalize sexual penetration ... ban for those offenders convicted of sexual assault pursuant to N.J.S.A. 2C:14-2(c)(1). L.F. appeals from the ... terminate his registration requirements. He argues the plain language of N.J.S.A. 2C:7-2(g) applies only to convictions for ' ...

docket:	a3340-16
court:	New Jersey Superior Court Appellate Division
decided:	2018-08-06
status:
citation:
Document Size:	9013

38863 TOWNSHIP OF WEST ORANGE, a Municipal Corporation v. 769 ASSOCIATES, LLC, a New Jersey Limited Liability Company; -- rank: 574

... Law Division for the appointment of condemnation commissioners pursuant to N.J.S.A. 20:3-12, and the preparation of expert reports. Before ... litigation activities, such as the bona fide negotiations required under N.J.S.A. 20:3-6. The reimbursement provisions of the Act entitle ... expenses actually incurred, including reasonable attorney, appraisal, and engineering fees . [ N.J.S.A. 20:3-8. We recognize that, as a jurisdictional prerequisite ... to be within the purview of the reimbursement provisions in N.J.S.A. 20:3-6 involving pre-litigation negotiations. In her memorandum ... the condemnation action, plaintiff was not entitled to reimbursement under N.J.S.A. 20:3-8. Collateral matters, including here an action in ...

docket:	a5677-05
court:	njappellate
decided:	2007-12-24
status:	published
citation:	397 N.J.Super. 244
Document Size:	44145

38864 STATE OF NEW JERSEY IN THE INTEREST OF T.L -- rank: 574

... committed by an adult, would constitute fourth-degree criminal mischief, N.J.S.A. 2C:17-3a(1), and the disorderly persons offense of simple assault, N.J.S.A. 2C:12-1(a)(1). The complaint alleged that defendant ... declare the Public Defender's practice of requiring reimbursement under N.J.S.A. 2A:158A-16 and N.J.S.A. 2A:158A-25 unconstitutional and also contrary to the Rules ... Public Defender is mandated by statute to seek reimbursement. See N.J.S.A. 2A:158A-16; N.J.S.A. 2A:158A-25. Although an appellate court may consider ...

docket:	a3090-14
court:	New Jersey Superior Court Appellate Division
decided:	2015-02-02
status:	Published
citation:
Document Size:	13251

38865 STATE OF NEW JERSEY v. FRANCISCO VILLEGAS -- rank: 574

... and unlawful possession of a weapon. He was sentenced under N.J.S.A. 2C:11-3(b)(1), to life in prison with ... opinion, the judge found defendant's sentence was consistent with N.J.S.A. 2C:11-3(b)(1). The judge reasoned, 'the statute ... OF PAROLE INELIGIBLITY IN THIS INSTANCE IS NOT AUTHORIZED BY N.J.S.A. 2C:11-3(b)(1) AND IS THEREFORE AN ILLEGAL ... so lacking in merit. R. 2:11-3(e)(2). N.J.S.A. 2C:11-3(b)(1) states: 'a person convicted of ... parole.' Cannel, N.J. Criminal Code Annotated, cmt. 4 on N.J.S.A. 2C:11-3 (2018); see also State v. Scales, 231 ...

docket:	a3503-17
court:	NJ Superior Court Appellate Division
decided:	2019-11-19
status:	Unpublished
citation:
Document Size:	8725