Search Rutgers Law Library N.J. Court Opinions

3931 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. L.M.T. -- rank: 817

... De.'s injury. The court found that the prongs of N.J.S.A. 30:4C-15.1(a)(1)-(4) had been satisfied ... rights and considered each of the four statutory prongs of N.J.S.A. 30:4C-15.1(a), making specific findings to support ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These standards are not "discrete ... that the first statutory prong had been met. We disagree. N.J.S.A. 30:4C-15.1(a)(1) "requires a clear and ... including the harm that separation from foster parents may cause. N.J.S.A. 30:4C-15.1(a)(2). Evidence supporting the first ... a delay in permanent placement would harm the children. Ibid. ; N.J.S.A. 30:4C-15.1(a)(2). Prolonged inattention to ...

docket:	a5209-06
court:	New Jersey Superior Court Appellate Division
decided:	2009-03-03
status:	Published
citation:
Document Size:	78532

3932 STATE OF NEW JERSEY v. LONNIE ARRINGTON -- rank: 817

... subject to the requirements of the No Early Release Act, N.J.S.A. 2C:43-7.2, granted the State's application for an extended sentence under N.J.S.A. 2C:44- 3(a), and request for a consecutive sentence ... January 11, 2019, defendant was charged with first-degree murder, N.J.S.A. 2C:11-3(a)(1)(2) (count one); second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b) (count two); two counts of second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39- -4(a) (counts three and five); second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1) A-3166-20 7 ( ...

docket:	a3166-20
court:	NJ Superior Court Appellate Division
decided:	2023-10-20
status:	Unpublished
citation:
Document Size:	52756

3933 LESLIE SMITH v. BETTE R. GRAYSON -- rank: 817

... entitled to permanent alimony based on the applicable factors of N.J.S.A. 2A:34-23, including the length of the marriage, the ... in her report, the expert analyzed all applicable factors of N.J.S.A. 2A:34-23 relevant in this instance to the determination ... awarded absent a clear statement of reasons to the contrary, N.J.S.A. 2A:34-23(b), (c). Id. at 483. Most tellingly ... the expert opined that in applying the pertinent factors of N.J.S.A. 2A:34-23 and the rationale of Cox , a court ...

docket:	a1072-10
court:	NJ Superior Court Appellate Division
decided:	2011-12-19
status:	unpublished
citation:
Document Size:	64944

3934 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. W.G. -- rank: 817

... evidence and does not satisfy the four criteria established in N.J.S.A. 30:4C-15.1a for termination of parental rights. The ... G. the option of kinship legal guardianship in accordance with N.J.S.A. 3B:12A-1 to -7 as an alternative to adoption ... family court appropriately analyzed the evidence within the framework of N.J.S.A. 30:4C-15.1a, which provides that DYFS must prove ... will continue to be endangered by the parental relationship.” N.J.S.A. 30:4C-15.1a(1). This provision of the statute ... endangered their safety, health, and development, meeting the requirements of N.J.S.A. 30:4C-15.1a(1). There was substantial uncontradicted evidence ... permanent placement of the child will add to the harm. N.J.S.A. 30:4C-15.1a(2). This “inquiry is ...

docket:	a2255-08
court:	NJ Superior Court Appellate Division
decided:	2009-10-30
status:	unpublished
citation:
Document Size:	57289

3935 IN THE MATTER OF THE SUSPENSION OR REVOCATION OF THE LICENSE OF PARVEZ DARA, M.D. -- rank: 817

... thereafter transferred to the Office of Administrative Law pursuant to N.J.S.A. 52:14B-1 to -15 and N.J.S.A. 52:14F-1 to -13 for adjudication as a contested ... April 23, 2012, the Board entered a supplemental order under N.J.S.A. 45:1-25, ordering Dara to pay $328,752.50 ... the Board are governed by the Uniform Enforcement Act (UEA), N.J.S.A. 45:1-14 to -52, and the Medical Practice Act (MPA), N.J.S.A. 45:9-1 to -19. These two acts are interpreted ... given "uniform investigative and enforcement powers" to safeguard public safety. N.J.S.A. 45:1-14. Additionally, the MPA vests in the ...

docket:	a1110-11
court:	NJ Superior Court Appellate Division
decided:	2013-12-05
status:	unpublished
citation:
Document Size:	81084

3936 STATE OF NEW JERSEY v. EDWARD MCDONALD -- rank: 817

... murder. This argument fails as well. The felony murder statute, N.J.S.A. 2C:11-3(a)(3), provides that in any prosecution ... contention will be furthered if the finding should be made." N.J.S.A. 2C:1-13(d)(1). Moreover, "[t]he fact must ... of the court or jury, as the case may be." N.J.S.A. 2C:1-13(d)(2). The State is not required ... unless and until the defendant provides evidence to support it. N.J.S.A. 2C:1-13(b)(1). But, "so long as there ... result in death or serious physical injury. Id. at 89; N.J.S.A. 2C:11-3(a)(3)(d). In this case, defendant ... not armed with a weapon readily able to cause death. N.J.S.A. 2C:11-3(a)(3)(a) and (b). However, ...

docket:	a0747-08
court:	NJ Superior Court Appellate Division
decided:	2011-05-13
status:	unpublished
citation:
Document Size:	82154

3937 /usr/local/share/www/libweb/collections/courts/appellate/a3869-19.opn.html -- rank: 817

... were not filed within the two-year statute of limitations, N.J.S.A. 2A:14-2(a). MT raised this issue as an ... their employers and co-employees for on-the-job injuries. N.J.S.A. 34:15-8; Volb v. G.E. Cap. Corp., 139 ... sue third parties who caused their on- the-job injuries. N.J.S.A 34:15-40; Vitale v. Schering-Plough Corp., 231 N ...

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court:	NJ Superior Court Law/Chancery Division
decided:
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citation:
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3938 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. E.R. -- rank: 817

... show cause seeking custody of G.G. under Title Nine, N.J.S.A. 9:6-8.21 to -8.73, and Title Thirty, N.J.S.A. 30:4C-12 to -15.4. The Family Part approved ... failed to satisfy any of the four statutory prongs of N.J.S.A. 30:4C-15.1(a). The court issued an order ... to protect the welfare of children." Id. at 347; see N.J.S.A. 30:4C-1(a). The Division may bring an action ... Div. 2010). If as here the complaint is brought under N.J.S.A. 30:4C-15(c), "'[g]uardianship cannot be awarded . . . unless ... four prongs of the "best interests test" set forth in N.J.S.A. 30:4C-15.1(a). N.J. Div. of ...

docket:	a5326-12
court:	NJ Superior Court Appellate Division
decided:	2014-06-09
status:	unpublished
citation:
Document Size:	52275

3939 MSO, INC. v. THE PLANNING BOARD OF THE BOROUGH OF GLEN ROCK -- rank: 817

... Glen Rock Zoning Board of Adjustment (Zoning Board) pursuant to N.J.S.A. 40:55D-70(b)1 to determine whether a self ... The proposal sought 'two [b]ulk [v]ariances pursuant to N.J.S.A. 40:55D-70(c).' One variance was for a 'maximum ... variance' over which zoning boards had exclusive authority pursuant to N.J.S.A. 40:55D-70 or 'a 'c' A-3430-19 4 ... variance' for which the Planning Board had jurisdiction. 2 See N.J.S.A. 40:55D- 25 to -60 (conferring the same powers zoning ... boards except for consideration of applications for development pursuant to N.J.S.A. 40:55D-70(d)). Procedurally, after reviewing the issue with ... Rock and plaintiffs presented expert testimony and reports. 2 Under N.J.S.A. 40:55D-70(d)(4), a zoning board has ...

docket:	a3430-19
court:	NJ Superior Court Appellate Division
decided:	2022-02-18
status:	Unpublished
citation:
Document Size:	52075

3940 ROSE E. REAVES v. AMERICAN HONDA MOTOR CO., INC. -- rank: 817

... of action under the New Jersey Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -20, and the New Jersey Lemon Law Act (the Act), N.J.S.A. 56:12-29 to -49. On July 7, 2009, AHM ... a lessee of a motor vehicle that contains a "nonconformity." N.J.S.A. 56:12-31 to -33; Berrie v. Toyota Motor Sales ... impairs the use, value or safety of a motor vehicle." N.J.S.A. 56:12-30. Here, as best as we can discern ... Act is not applicable to automobile dealers or their employees. N.J.S.A. 56:12-46a. B. Common Law Fraud Claim. The trial ... a claim against AHM under New Jersey's Lemon Law, N.J.S.A. 56:12-29 to -49. 6 In her deposition, ...

docket:	a1874-09
court:	superior court appellate division
decided:	2011-01-28
status:	unpublished
citation:
Document Size:	89747

3941 IN THE MATTER OF G.W. -- rank: 817

... at Alpine, asserting violations of the Developmental Disabilities Rights Act, N.J.S.A. 30:6D-1 to -12, and related state and federal ... G. and G.W.'s budgets were "underfunded" based on N.J.S.A. 30:6D-12.4(a), which requires the commissioner to ... mandate." They also asserted that the DDD was required by N.J.S.A. 30:6D-3(b) to fund M.G. and G ... program." She was satisfied the agency met the mandate of N.J.S.A. 30:6D-12.4, requiring the SDDS to be designed ... charged with providing "services for eligible persons with developmental disabilities . . . ." N.J.S.A. 30:6D-27. Moreover, "[e]very service for persons with ... to maximize the developmental potential of such persons[.]" Pursuant to N.J.S.A. 30:6D-12.4(a), this provision applies to ...

docket:	a3818-11
court:	NJ Superior Court Appellate Division
decided:	2013-04-18
status:	unpublished
citation:
Document Size:	56673

3942 /usr/local/share/www/libweb/collections/courts/supreme/a-74-20.opn.html -- rank: 817

... or another “date deemed equitable by the court.” N.J.S.A. 14A:12-7(8). Whether the corporation’s fair value ... to the value of the dissenting shareholders’ stock. In fact, N.J.S.A. 14A:12-7(8) expressly authorizes a court to judicially ... oppression does not necessarily deprive him of a remedy” because N.J.S.A. 14A:12-7(1)(c) “does not limit the ... not meet the standard of an oppressed shareholder pursuant to N.J.S.A. 14A:12-7. Sipko, 214 N.J. at 382. We ... oppression does not necessarily deprive him of a remedy” because N.J.S.A. 14A:12-7(1)(c) “does not limit the ... himself to be an oppressed shareholder, we nevertheless look to N.J.S.A. 14A:12-7(1)(c) and our jurisprudence regarding ...

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court:	New Jersey Supreme Court
decided:
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citation:
Document Size:	77683

3943 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. T.R.R. -- rank: 817

... argues the evidence was insufficient to meet the requirements of N.J.S.A. 30:4C-15.1(a). The statute provides that parental ... the court must "consider[] alternatives to termination of parental rights." N.J.S.A. 30:4C-15.1(a)(3). This prong of the ... receive effective assistance of counsel at the guardianship trial. See N.J.S.A. 30:4C-15.4(a); N.J. Div. of Youth ...

docket:	a2215-12
court:	NJ Superior Court Appellate Division
decided:	2013-12-06
status:	unpublished
citation:
Document Size:	53543

3944 NUWAVE INVESTMENT CORPORATION v. HYMAN BECK & COMPANY -- rank: 817

... based upon the applicable one-year statute of limitations. See N.J.S.A. 2A:14-3 ("Every action at law for libel or ... we vacate the punitive damages portion of the judgment. See N.J.S.A. 2A:15-5.13(c) ("Punitive damages may be awarded ... shall have accrued." Id. at 374 (Pashman, J., concurring) (quoting N.J.S.A. 2A:14-2). "Due to the absence of any legislative ... alleged libel." Id. at 374-75 (Pashman, J., concurring) (quoting N.J.S.A. 2A:14-3). "Hence, the discovery rule is inapplicable to ... refuse to depart from Justice Pashman's clear exegesis of N.J.S.A. 2A:14-3 for two primary reasons. First, nearly thirty ... Third) of Trusts and apply them to the alimony statute, N.J.S.A. 2A:34-23(b)), aff'd o.b. , 208 ...

docket:	a5451-10xx
court:	NJ Superior Court Appellate Division
decided:	2013-09-19
status:	published
citation:
Document Size:	77433

3945 /usr/local/share/www/libweb/collections/courts/appellate/a1077-17.opn.html -- rank: 817

... the court erred by dismissing its Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to 56:8-224, claims against plaintiff ... or damaged thereby, is declared to be an unlawful practice . . . . [ N.J.S.A. 56:8-2 (emphasis added).] N.J.S.A. 56:8-1(c) defines 'merchandise' to 'include any objects ... public for sale.'' 422 N.J. Super. at 473 (quoting N.J.S.A. 56:8-1(c) (emphasis in original)). We further found ...

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