Search Rutgers Law Library N.J. Court Opinions

4006 DIVISION OF YOUTH AND FAMILY SERVICES v. Z.L.Z. IN THE MATTER OF THE GUARDIANSHIP OF D.S.Z., a minor -- rank: 817

... requested an order granting it custody, care and supervision. See N.J.S.A. 9:6-8.31 (requiring Superior Court review of the Division's emergency removal of a child); N.J.S.A. 30:4C-12 (permitting the Division custody of children removed ... found the Division satisfied the four-pronged best-interests test, N.J.S.A. 30:4C-15.1a, by clear and convincing evidence, warranting ... the child's best interest to preserve the family unit[.]" N.J.S.A. 30:4C-1(a). This responsibility, in some cases, requires ... supra , 103 N.J. at 602-11, was codified in N.J.S.A. 30:4C-15.1a, and requires the State to establish ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1a.] These four requirements "are not ...

docket:	a3518-10
court:	NJ Superior Court Appellate Division
decided:	2011-12-20
status:	unpublished
citation:
Document Size:	45176

4007 ARTHUR WILKINSON v. S.B. KING & SON INC. -- rank: 817

... intended to immunize under the Workers' Compensation Act (the Act), N.J.S.A. 34:15-1 to -136.1. The judge also denied ... it was barred by the workers' compensation exclusivity rule of N.J.S.A. 34:15-8. Plaintiff argued that the intentional act exception ... or imputed negligence is the proximate cause of the accident. N.J.S.A. 34:15-1; N.J.S.A. 34:15-12; Outland v. Monmouth-Ocean Educ. Serv. Comm ... caused by intentional wrongdoing on the part of the employer. N.J.S.A. 34:15-8; Millison v. E. I. Du Pont de ... as the person injured or killed, except for intentional wrong. [ N.J.S.A. 34:15-8.] Because the Act contemplates that as ...

docket:	a3884-08
court:	NJ Superior Court Appellate Division
decided:	2011-07-21
status:	unpublished
citation:
Document Size:	114380

4008 STATE OF NEW JERSEY v. THOMAS J. ADAMCEWICZ -- rank: 817

... four-count indictment charging him with second-degree aggravated arson, N.J.S.A. 2C:17-1a, third-degree criminal mischief, N.J.S.A. 2C:17-3a(1), third-degree burglary, N.J.S.A. 2C:18-2, and third-degree theft by unlawful taking, N.J.S.A. 2C:20-3a. Defendant was sentenced to a total of ... State moved for an extended term as a persistent offender, N.J.S.A. 2C:44-3a, and asked the court to impose a ... parole ineligibility subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. The judge merged the criminal ...

docket:	a2186-10
court:	NJ Superior Court Appellate Division
decided:	2012-07-18
status:	unpublished
citation:
Document Size:	56583

4009 IN THE MATTER OF CERTIFICATE OF NEED FOR HUMC -- rank: 817

... on the delivery of health care services in the region." N.J.S.A. 26:2H-8. Englewood and Valley filed opposition to HUMC ... confirm that the Permit Extension Act of 2008 (the "PEA"), N.J.S.A. 40:55D-136.1 to -136.6, applied to extend ... demonstrated need or otherwise compl[ied] with the requirements of N.J.S.A. 26:2H-8, N.J.A.C. 8:43G-1 ... not contemplated by either the Health Care Facilities Planning Act, N.J.S.A. 25:2H-1 et seq. , or the regulations promulgated thereunder ... the Health Care Facilities Planning Act ("HCFPA" or "the Act"), N.J.S.A. 26:2H-1 to -26, which sets forth a regulatory ... with high-quality health care services at a contained cost. N.J.S.A. 26:2H-1. Pursuant to the Act, certain health ...

docket:	a3238-11
court:	NJ Superior Court Appellate Division
decided:	2012-12-04
status:	unpublished
citation:
Document Size:	94033

4010 FEIVEL PHIL GOTTLIEB v. MARY C. BECKERLE -- rank: 817

... derivative claim under the New Jersey Business Corporation Act (NJBCA), N.J.S.A. 14A:1-1 to 18-11. The motion judge agreed ... of,' 'fairly and adequately represent[] the interests of the corporation,' N.J.S.A. 14A:3-6.2(1), (2), and make 'a written ... on 'the corporation to take suitable action' before filing suit, N.J.S.A. 14A:3-6.3(1). After receiving a written demand ... board can determine whether to accept or reject the demand. N.J.S.A. 14A:3-6.4 to 6.5. Under the NJBCA ... have a material interest in the act or transaction challenged. [N.J.S.A. 14A:3-6.5(7)(a).] If a shareholder's ... the time the determination was made.' A-2908-21 5 N.J.S.A. 14A:3-6.5(3); see also R. 4: ...

docket:	a2908-21
court:	NJ Superior Court Appellate Division
decided:	2024-02-20
status:	Unpublished
citation:
Document Size:	47144

4011 STATE OF NEW JERSEY v. VIRGINIA A. VERTETIS -- rank: 817

... the defendant's 'history of prior delinquency or criminal activity'). N.J.S.A. 2C:44-1(a)(1), (3), (9), (b)(7). The ... custodial term, subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, with defendant reserving her right to ... indicate that the defendant is unlikely to commit another offense'). N.J.S.A. 2C:44-1(b)(3) to (5), (7) to (9 ... identify any relevant aggravating and mitigating factors set forth in N.J.S.A. 2C:44-1(a) and (b) that apply to the ... it.' Cannel, N.J. Criminal Code Annotated, cmt. 3 on N.J.S.A. 2C:44-1 (2023) (citing Case, 220 N.J. at ... not require the State prove defendant planned the shooting. See N.J.S.A. 2C:11-4; State v. Wilder, 193 N.J. ...

docket:	a1075-21
court:	NJ Superior Court Appellate Division
decided:	2023-07-05
status:	Unpublished
citation:
Document Size:	42940

4012 STATE OF NEW JERSEY v. JOSE R PALACIOS-RODRIGUEZ -- rank: 817

... conviction and sentence for first-degree attempted murder, contrary to N.J.S.A. 2C:5-1 and N.J.S.A. 2C:11-3 (count one); second-degree aggravated assault, contrary to N.J.S.A. 2C:12-1(b)(1) (count two); third-degree aggravated assault, contrary to N.J.S.A. 2C:12-1(b)(2) (count three); and third-degree ... possession of a weapon for an unlawful purpose, contrary to N.J.S.A. 2C:39-4(d) (count four); and fourth-degree unlawful possession of a weapon, contrary to N.J.S.A. 2C:39-5(d) (count five). Defendant was acquitted ...

docket:	a0892-10
court:	NJ Superior Court Appellate Division
decided:	2013-09-03
status:	unpublished
citation:
Document Size:	69628

4013 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. N.W.S -- rank: 817

... of the child' test for termination of parental rights in N.J.S.A. 30:4C-15.1(a). The judge memorialized her decision ... must establish the four A-4032-18T1 8 criteria in N.J.S.A. 30:4C-15.1(a). The criteria 'are not discrete ... or will continue to be endangered by the parental relationship[.]' N.J.S.A. 30:4C-15.1(a)(1). This prong focuses on ... the delay of permanent placement will add to the harm.' N.J.S.A. 30:4C-15.1(a)(2). In addressing this prong ... the home' and consider alternatives to termination of parental rights. N.J.S.A. 30:4C-15.1(a)(3). The reasonableness of the ... of parental rights will not do more harm than good.' N.J.S.A. 30:4C-15.1(a)(4). '[T]he fourth ...

docket:	a4032-18
court:	NJ Superior Court Appellate Division
decided:	2020-03-31
status:	Unpublished
citation:
Document Size:	31707

4014 STATE OF NEW JERSEY v. MILTON MEDINA, -- rank: 817

... plot. The indictment charged defendant Medina with second degree conspiracy ( N.J.S.A. 2C:30-2a and -2b), third degree conspiracy ( N.J.S.A. 2C:5-2 and 489 U.S. 538 , 109 S ... attaches to a disorderly persons conviction is six months incarceration. N.J.S.A. 2C:1-4c. However, Medina was statutorily required to forfeit ... Super. 277, 283 (App. Div. 1984) (the disabilities enumerated in N.J.S.A. 2C:51-1 and N.J.S.A. 2C:51-2 can be invoked upon a conviction for ... prosecutor or the Attorney General and for good cause shown." N.J.S.A. 2C:51-2 based on a conviction for a ...

docket:	A1941-99
court:	NJ Superior Court Appellate Division
decided:	2002-03-12
status:	published
citation:	349 N.J. Super. 108 793 A.2d 68
Document Size:	41497

4015 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. S.P. -- rank: 817

... adoption. The parties consented to continue the litigation pursuant to N.J.S.A. 30:4C-12. 2 S.P. complied with services offered ... 171-10B, seeking legal custody, care and supervision pursuant to N.J.S.A. 9:6-8.21 and N.J.S.A. 30:4C-12. S.P. appeared with counsel and restated ... L.P. removed from S.P.'s custody pursuant to N.J.S.A. 30:4C-11.2b, 4 because "mother wished to withdraw ... her home. Counsel argued the policy objectives set forth in N.J.S.A. 9:3-41d -- which mandates a period of seventy-two ... order accepted S.P.'s general surrender presumably pursuant to N.J.S.A. 30:4C-23. 7 Ultimately, a surrender of parental ...

docket:	a1030-11
court:	NJ Superior Court Appellate Division
decided:	2012-12-03
status:	unpublished
citation:
Document Size:	62070

4016 STATE OF NEW JERSEY v. CALVIN RIGGINS -- rank: 817

... Calvin Riggins was found guilty of third-degree aggravated assault, N.J.S.A. 2C:12-1(b)(5)(a) (count one); third-degree possession of a controlled dangerous substance, N.J.S.A. 2C:35-10(a)(1) (count four); and fourth-degree obstructing the administration of law, N.J.S.A. 2C:29-1 (count six). The jury returned a verdict of not guilty of fourth-degree attempted aggravated assault, N.J.S.A. 2C:12-1(b)(5) (count two) and fourth-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-5(d) (count seven). Judge DeVesa found defendant ... an extended-term sentence as a persistent offender, pursuant to N.J.S.A. 2C:43-7 and N.J.S.A. 2C: ...

docket:	a5667-07
court:	superior court appellate division
decided:	2010-10-20
status:	unpublished
citation:
Document Size:	49943

4017 DIANE LAUCKHARDT individually and as administratrix ad prosequendum of the estate of DOUGLAS LAUCKHARDT v. JANOS JEGES, M.D., I BENENSON, R.N KAREN GABOR, R.N., and ROBERT WOOD JOHNSON UNIVERSITY HOSPITAL – NEW BRUNSWICK and ROBERT VAN VOLKENBURGH M. -- rank: 817

... Access and Responsibility and Patients First Act (Patients First Act), N.J.S.A. 2A:53A-37 to -42, did not apply, determining that ... J. 74 (2005). While we agree with the judge that N.J.S.A. 2A:53A-41(a) does not apply to Nurses Benenson ... American Board of Medical Specialties or the American Osteopathic Association, N.J.S.A. 2A:53A-41(a), we conclude that the decision to ...

docket:	a1970-13
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	65865

4018 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. D.V.H. -- 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:	a5504-06
court:	New Jersey Superior Court Appellate Division
decided:	2009-03-03
status:	Published
citation:
Document Size:	78533

4019 State v. Marc A. Olivero -- rank: 817

... a “structure” for the criminal offense of burglary under N.J.S.A. 2C:18-2. Defendant was arrested at a locked, fenced ... printing rollers. Defendant was charged with third-degree burglary under N.J.S.A. 2C:18-2, and disorderly persons possession of a burglary tool under N.J.S.A. 2C:5-5. Defendant was tried only on the burglary ... that defendant entered was a “structure” as defined in N.J.S.A. 2C:18-1, contending that defendant entered a parking lot ... locked lot is a “structure” within the meaning of N.J.S.A. 2C:18-2 when the lot is secured from the ... 1. The meaning of “structure” within the burglary statute, N.J.S.A. 2C:18-2, is an issue of statutory construction ...

docket:	A-83-13
court:	NJ Supreme Court
decided:	2015-06-28
status:
citation:	221 N.J. 632 115 A.3d 1270
Document Size:	42006

4020 Kubis & Perszyk Associates, Inc. v. Sun Microsystems, Inc. -- rank: 817

... franchise agreement subject to the New Jersey Franchise Practices Act, N.J.S.A. 56:10-1 to -15 (Franchise Act), mandating that the ... waivers that would relieve franchisors from liability under the Act. N.J.S.A. 56:10-5. The Act expressly authorizes franchisees to institute ... violation of this act and, where appropriate, . . . [for] injunctive relief." N.J.S.A. 56:10-10. Successful franchisees are also entitled to recover ... tribunals established by statute for the resolution of these disputes." N.J.S.A. 56:10-7.2. The Sponsor's Statement also observed ... to various specified unreasonable conditions in the franchise agreement. See N.J.S.A. 56:10-7. Although exceptions undoubtedly will occur, we are ... Respondents. GARIBALDI, J., dissenting. ����The New Jersey Franchise Practices Act, N.J.S.A. 56:10-1 to -15 (Franchise Act) prohibits forum- ...

docket:	a-104-95
court:	njsupreme
decided:	1996-07-23
status:
citation:	146 N.J. 176
Document Size:	89737