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4576 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. O.F.A. -- rank: 813
... Division had satisfied all four prongs of the statutory standard, N.J.S.A. 30:4C-15.1 by clear and convincing evidence. Accordingly ... the child, courts follow a four-prong standard, codified in N.J.S.A. 30:4C-15.1(a). This standard allows for termination ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] "These standards are neither discrete ... unable or unwilling to eliminate the harm facing the child. N.J.S.A. 30:4C-15.1(a)(2). The focus of this ... or her circumstances, and to consider alternatives to parental termination. N.J.S.A. 30:4C-15.1(a)(3). A court evaluates on ... individual circumstances of the child's physical or mental development." N.J.S.A. 9:6B-4b, d, f. The record demonstrates the ...
docket: a2253-11
court: NJ Superior Court Appellate Division
decided: 2013-06-07
status: unpublished
citation:
Document Size: 53465
4577 CITY OF EAST ORANGE v. BLOCK 174, LOT 18.1 -- rank: 813
... s appeal against the backdrop of the Tax Sale Law, N.J.S.A. 54:5-1 to -137. The Tax Sale Law is ... the costs that will be incurred.' Id. at 337 (citing N.J.S.A. 54:5-86). 'Significantly, the property owner . . . [has] the right ... before the final date for redemption set by the court, N.J.S.A. 54:5-54, and 'until barred by the judgment of the Superior Court[,]' N.J.S.A. 54:5-86.' Id. at 319 (citing R. 4:64 ...
docket: a0856-20
court: NJ Superior Court Appellate Division
decided: 2022-04-12
status: Unpublished
citation:
Document Size: 50864
4578 STATE OF NEW JERSEY v. ANTHONY F. NOVELLINO -- rank: 813
... was charged in an indictment with knowing or purposeful murder, N.J.S.A. 2C:11-3(a)(1) and (2), third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(d); fourth-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(d); hindering apprehension, N.J.S.A. 2C:29-3(b)(1); and tampering with physical evidence, N.J.S.A. 2C:28-6(1). Prior to trial, Judge Robert J ... to the requirements of the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. Following an appropriate merger, the ...
docket: a1085-14
court: NJ Superior Court Appellate Division
decided: 2017-08-10
status: unpublished
citation:
Document Size: 53211
4579 /usr/local/share/www/libweb/collections/courts/appellate/a1990-14.opn.html -- rank: 813
... s application "adequately demonstrate[d] that the negative criteria under N.J.S.A. 40:55D-70 [wa]s met in reference to the ... the absence of such a provision, bulk variances are mandated. N.J.S.A. 40:55D-70(c). Indeed, if variances are denied, plaintiff ... the property useless. "An applicant who pursues a variance under N.J.S.A. 40:55D-70(c)(1) must establish that the particular ... v. Mauro , 216 N.J. 16 , 29 (2013). See also N.J.S.A. 40:55D-70(c)(1). "'Undue hardship' involves the underlying ... and the purposes of the [Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 to -92], must be advanced." Borough of ... intent and purpose of the zone plan and zoning ordinance. [ N.J.S.A. 40:55D-70.]. See also Price v. Himeji, LLC , ...
docket:
court: NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size: 48586
4580 IMO ANTHONY STALLWORTH -- rank: 813
... Law, where a “contested case” hearing was conducted. See N.J.S.A. 52:14B-9, -10. The evidence adduced before the ALJ ... the penalty from removal to a four-month suspension. See N.J.S.A. 52:14B-10; N.J.S.A. 11A:2-6. It also directed that Stallworth be immediately ... in one agency to assure such fairness and proportionality. See N.J.S.A. 11A:2-6 (authorizing Commission to “render the final ... its reasons for rejecting the ALJ’s findings and conclusion. N.J.S.A. 52:14B-10. Thus, the result reached by the Appellate ... JUDGE STERN (t/a) X TOTALS 7 1 Pursuant to N.J.S.A. 11A:2-1, as amended by L. 2008, c. ...
docket: a-6-10
court: superior court trial
decided: 2011-04-12
status:
citation:
Document Size: 69596
4581 STATE OF NEW JERSEY v. MICHAEL A. GILLIARD -- rank: 813
... second-degree unlawful possession of a handgun without a permit, N.J.S.A. 2C:58-4, and were sentenced to five years in ... months of parole ineligibility as prescribed by the Graves Act, N.J.S.A. 2C:43-6(c). They now appeal from the orders ... two counts of second-degree unlawful possession of a weapon, N.J.S.A. 2C:58-4 and N.J.S.A. 2C:39-5(b), and one count of third-degree receiving stolen property, N.J.S.A. 2C:20-7(a). Gilliard was also charged with disorderly persons possession of a controlled dangerous substance, N.J.S.A. 2C:35-10(a)(4). The same grand jury ...
docket: a1513-21
court: NJ Superior Court Appellate Division
decided: 2023-09-18
status: Unpublished
citation:
Document Size: 40178
4582 New Jersey Division of Youth and Family Services v. E.P. -- rank: 813
... factor best-interests-of-the-child test set forth in N.J.S.A. 30:4C-15.1(a). 6 First, the court found ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] Those four factors are not ... available to serve as a kinship legal guardian. S ee N.J.S.A. 3B:12A-1 to -7 (explaining terms of kinship legal ... would not do more harm to Andrea than good. See N.J.S.A. 30:4C-15 to file a petition for termination of ... sufficient capacity to form an intelligent preference regarding the adoption." N.J.S.A. 9:3-49. Moreover, the wishes of children over the ... This requirement has been incorporated into New Jersey law. See N.J.S.A. 30:4C-15. However, both the federal and state ...
docket: a-112-06
court:
decided: 2008-07-14
status:
citation: 196 N.J. 88
Document Size: 131575
4583 /usr/local/share/www/libweb/collections/courts/appellate/a2971-20.opn.html -- rank: 813
... to overcome the mandatory minimum term of imprisonment prescribed by N.J.S.A. 2C:43-6.5. I. We discern the following facts ... 2019, a grand jury indicted defendant with third-degree theft, N.J.S.A. 2C:20-3, and second-degree official misconduct, N.J.S.A. 2C:30-2. Defendant moved to suppress Palms' out-of ... defendant was sentenced to a five-year noncustodial probationary sentence, N.J.S.A. 2C:43-6.5(c)(2). Defendant filed a notice ... erred in waiving the mandatory term of imprisonment prescribed by N.J.S.A. 2C:43-6.5 and by sentencing defendant to a ... The court found only one aggravating factor, aggravating factor nine, N.J.S.A. 2C:44-1(a)(9) ('The need for deterring ...
docket:
court: NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size: 61352
4584 STATE OF NEW JERSEY v. TINA LUNNEY -- rank: 813
... her with: first-degree murder of her mother, Marie Zoppi, N.J.S.A. 2C:11-3(a)(1) and (a)(2) (count one ... necktie) under circumstances not manifestly appropriate for its lawful use, N.J.S.A. 2C:39-5(d) (count two); and third-degree possession of a weapon (a necktie) for an unlawful purpose, N.J.S.A. 2C:39-4(d) (count three). Before trial, defendant moved ... NERA), and to five years of parole supervision upon release. N.J.S.A. 2C:43-7.2. Defendant contends the judge erred by ...
docket: a0774-13
court: NJ Superior Court Appellate Division
decided: 2016-04-21
status: unpublished
citation:
Document Size: 87514
4585 STATE OF NEW JERSEY v. JUAN QUINONES -- rank: 813
... was convicted of the first-degree murder of Timothy Jones, N.J.S.A. 2C:39-4a (count 2); and third-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5b (count 3). The judge merged the count ... sentenced beyond the statutory maximum based only on aggravating factors, N.J.S.A. 2C:44-1a (3), (6) or (9), which were formerly ...
docket: A0269-04
court: NJ Superior Court Appellate Division
decided: 2008-03-31
status: unpublished
citation:
Document Size: 149662
4586 STATE OF NEW JERSEY v. JAMAR J. MYERS -- rank: 813
... b), defendant conditionally pled guilty to first-degree felony murder, N.J.S.A. 2C:11-3(a)(3), and first-degree robbery, N.J.S.A. 2C:15-1. In accordance with his plea agreement, defendant ... of the 7-Eleven. Those crimes included: first-degree robbery, N.J.S.A. 2C:15-1; third-degree theft by unlawful taking, N.J.S.A. 2C:20-3(a); fourth-degree aggravated assault, N.J.S.A. 2C:12- 1(b)(4);2 third-degree terroristic threats, N.J.S.A. 2C:12-3(a); second-degree 2 We note ...
docket: a0185-17
court: NJ Superior Court Appellate Division
decided: 2019-04-12
status: Unpublished
citation:
Document Size: 46483
4587 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. H.R. -- rank: 813
... of Human Servs. , 157 N.J. 161 , 171 (1999) (citing N.J.S.A. 9:6-8.8). The statutory provisions, N.J.S.A. 9:6-8.21 to -8.73, define the Division ... a similarly serious nature requiring the aid of the court . . . . [ N.J.S.A. 9:6-8.21(c)(4).] Whether a parent or ... v. P.W.R. , 205 N.J. 17 , 32 (2011); N.J.S.A. 9:6-8.46(b). Specifically, the State must "demonstrate ... v. A.L. , 213 N.J . 1, 8 (2013) (citing N.J.S.A. 9:6-8.21(c)). On appeal, H.R. argues ... which recklessly created "a substantial risk" of harm, pursuant to N.J.S.A. 9:6-8.21(c)(4)(b). Substantial evidence ...
docket: a3236-14
court: NJ Superior Court Appellate Division
decided: 2016-10-21
status: unpublished
citation:
Document Size: 33517
4588 STATE OF NEW JERSEY v. AURELIO RAY CAGNO -- rank: 813
... for, and convicted at his second trial of, " racketeering conspiracy, " N.J.S.A. 2C:41-2 ( d ) and N.J.S.A. 2C:5-2, and murder, N.J.S.A. 2C:11-3(a)(1) and (2) and 2C:2 ... Colombo Crew," with first degree racketeering conspiracy in violation of N.J.S.A. 2C:41-2(d) and N.J.S.A. 2C:5-2 (count one), and with the May 17, 1993 murder of James V. Randazzo in violation of N.J.S.A. 2C:11-3(a) and N.J.S.A. ...
docket: a7021-03
court: superior court appellate division
decided: 2009-09-10
status: published
citation: 409 N.J. Super. 552 978 A.2d 921
Document Size: 179182
4589 IN RE ADOPTION OF UNIFORM HOUSING AFFORDABILITY CONTROLS BY THE NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY v. -- rank: 813
... implements the requirements of the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 to -329 (FHA), which was enacted to ... share of its region's present and prospective housing needs. N.J.S.A. 52:27D-307. The FHA also permitted municipalities to transfer ... Co. , supra , 103 N.J. 1 . The State Planning Act, N.J.S.A. 52:18A-196 to -207, charged the State Planning Commission ... inconsistent with the planning designations in the State Plan, supra , N.J.S.A. 52:18A-196 to -207. 35 N.J.R. 4636 ...
docket: A2678-04
court: NJ Superior Court Appellate Division
decided: 2007-01-25
status: published
citation: 390 N.J. Super. 89 914 A.2d 402
Document Size: 55526
4590 DENZEL D. RANKINS v. BOARD OF EDUCATION OF THE CITY OF PLEASANTVILLE -- rank: 813
... personnel matters pursuant to the School District Fiscal Accountability Act, N.J.S.A. 18A:7A-55 to -60. A State-appointed monitor is ... and training that address the deficiencies identified in board actions. [ N.J.S.A. 18A:7A-55(b)(1) to -55(b)(7) (emphasis ... overtones, distribution and/or discussion of any pornography." Pursuant to N.J.S.A. 18A:27-4.1(b), Rankins requested a Donaldson 1 ... a poor audit that triggered the appointment of the monitor. N.J.S.A. 18A:7A-55(a) and (b). And the criteria to ... concluded that the monitor did not exceed his authority under N.J.S.A. 18A:7A-55, explaining: Pursuant to the Fiscal Accountability Act ... of certain financial shortfalls that are delineated in the Act. N.J.S.A. 18A:7A-55(a) and (b). Additionally, there is ...
docket: a1662-10
court: NJ Superior Court Appellate Division
decided: 2012-10-22
status: unpublished
citation:
Document Size: 53589
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