Search Rutgers Law Library N.J. Court Opinions

4786 DIVISION OF CHILD PROTECTION AND PERMANENCY v. L.T. -- rank: 813

... In A-4814-14, following a fact-finding hearing, see N.J.S.A. 9:6-8.44, the Family Part judge entered her ... substantial risk thereof, including the infliction of excessive corporal punishment . . . . [ N.J.S.A. 9:6-8.21(c)(4)(b).] In these matters ... responsibility of such person is an abused or neglected child. [ N.J.S.A. 9:6-8.46(a)(2).] " D.T. created a ... establishes a prima facie case of abuse or neglect under N.J.S.A. 9:6-8.46a(2), the burden will shift to ... the record, and the defendants successfully overcame the presumption under N.J.S.A. 9:6-8.46(a)(2). Id. at 473. In ... child of, or the responsibility of, the parent or guardian." N.J.S.A. 9:6-8.46(a)(1). In I.H. ...

docket:	a4814-14
court:	NJ Superior Court Appellate Division
decided:	2017-07-07
status:	unpublished
citation:
Document Size:	46424

4787 STATE OF NEW JERSEY IN THE INTEREST OF T.P a Juvenile -- rank: 813

... would constitute the crimes of receiving third-degree stolen property, N.J.S.A. 2C:20-7, and first-degree carjacking, N.J.S.A. 2C:13-2(a)(1)/(2). Prior to sentencing, T ... under separate complaints to criminal mischief, a disorderly persons offense, N.J.S.A. 2C:17-3.1; mutual fighting, a petty disorderly offense, N.J.S.A. 2C:12- 1; two counts of third-degree aggravated assault, N.J.S.A. 2C:12-1(b)(5)(d) and N.J.S.A. 2C:12-1(b)(7); and violation of probation, ...

docket:	a4099-16
court:	NJ Superior Court Appellate Division
decided:	2019-02-06
status:	Unpublished
citation:
Document Size:	36410

4788 /usr/local/share/www/libweb/collections/courts/appellate/a4042-17.opn.html -- rank: 813

... possess the required permit to legally carry a firearm under N.J.S.A. 2C:39-5(b). Stabile provided some of these firearms ... third-degree unlawful possession of a handgun in violation of N.J.S.A. 2C:39-5(b). Stabile executed the plea form, and ... any danger to the public safety, health and welfare' under N.J.S.A. 2C:58-2(a). After Detective Kassey and Lieutenant Ross ... did not hold the permits required to carry handguns under N.J.S.A. 2C:39-5(b). Stabile claimed that he had safety ... to the public safety, health and welfare' as required by N.J.S.A. 2C:58-2(a). In this regard, Judge McGovern relied ... former colleague, Judge Francine Axelrad, explained that the focus under N.J.S.A. 2C:58-2(a) must be on whether the ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	38936

4789 H.S.P. v. J.K. -- rank: 813

... make a perilous journey overseas without supervision constitutes abandonment under N.J.S.A. 9:6-1(b). Next, H.S.P. argues that ...

docket:	A-114-13
court:	superior court trial
decided:	2015-08-26
status:
citation:
Document Size:	96907

4790 STATE OF NEW JERSEY v. TIMOTHY HEARD -- rank: 813

... charged with: second-degree conspiracy to commit burglary and robbery, N.J.S.A. 2C:5-2 (count one); third and fourth-degree unlawful possession of a weapon (box cutter and handgun), N.J.S.A. 2C:18-2 (counts six and eight); third-degree theft, N.J.S.A. 2C:20-3 (count seven); first-degree armed robbery, N.J.S.A. 2C:15-1 (counts nine through thirteen); first-degree kidnapping ...

docket:	a6520-06
court:
decided:	2009-04-30
status:	Unpublished
citation:
Document Size:	102626

4791 /usr/local/share/www/libweb/collections/courts/appellate/a2251-11a2253-11.opn.html -- 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 ...

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court:	NJ Superior Court Law/Chancery Division
decided:
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citation:
Document Size:	53809

4792 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. J..J.-H and J.H., F.J., and G.H -- rank: 813

... great-nephew, J.H., 1 by administering excessive corporal punishment, N.J.S.A. 9:6-8.21(c). Defendant does not dispute she ... of a parent without a court order, as authorized by N.J.S.A. 9:6-8.29, a provision included within the Dodd Act, N.J.S.A. 9:6-8.21 to -8.82. 5 A-3991 ... that the child is 'abused or neglected' as defined in N.J.S.A. 9:6-8.21. N.J. Div. of Youth & Family ... substantial risk thereof, including the infliction of excessive corporal punishment . . . . [ N.J.S.A. 9:6-8.21(c)(4)(b) (emphasis added).] The ... level and in any appeal of right to this court.'). N.J.S.A. 9:6-8.43(a) requires a Family Part ...

docket:	a3991-19
court:	NJ Superior Court Appellate Division
decided:	2021-07-29
status:	Unpublished
citation:
Document Size:	40019

4793 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:	a1697-10
court:	NJ Superior Court Appellate Division
decided:	2012-10-22
status:	unpublished
citation:
Document Size:	53589

4794 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. P.H. -- rank: 813

... in acts of "both abuse and neglect," as defined in N.J.S.A. 9:6-8.21(c)(3) and (4), as a ... proceeding that the disclosure is necessary to make a determination[.] [ N.J.S.A. 9:6-8.10a(b)(5),(10),(13),(14).] N.J.S.A. 9:6-8.10a(b) does not include a church ... written request must, release child abuse information as defined in N.J.S.A. 9:6-8.10a(a). Nothing in the record establishes ... N.J. Super. 390 , 398 (App. Div. 1998); see also N.J.S.A. 9:6-8.11. The Division can release Central Registry information to the entities listed in N.J.S.A. 9:6-8.10a(b)(1)-(23). Records may ...

docket:	a0939-11
court:	NJ Superior Court Appellate Division
decided:	2013-04-05
status:	unpublished
citation:	430 N.J.Super. 220 63 A.3d 243
Document Size:	45928

4795 MALL CHEVROLET, INC. V. ROBERT COLLIER -- rank: 813

... Commercial Code (UCC) governs contracts for the sale of goods. N.J.S.A. 12A:2-102; Ford Motor Credit Co. v. Arce , 348 ... an obligation of good faith in its performance and enforcement." N.J.S.A. 12A:1-304. The UCC defines "good faith" as "honesty ... of reasonable commercial standards of fair dealing in the trade." N.J.S.A. 12A:2-103(1)(b). Moreover, every contract carries an ... exchange agreement, did not violate the Consumer Fraud Act (Act), N.J.S.A. 56:8-1 to -20. We disagree. The Act permits ... of moneys or property" as a result of prohibited conduct." N.J.S.A. 56:8-19; Bosland v. Warnock Dodge, Inc. , 197 N ... 430 N.J. Super. 325 , 338 (App. Div. 2013) (quoting N.J.S.A. 56:8-2). "[T]he misrepresentation has to be ...

docket:	a4164-12
court:	NJ Superior Court Appellate Division
decided:	2014-06-17
status:	unpublished
citation:
Document Size:	54793

4796 Cast Art Industries, LLC v. KPMG LLP -- rank: 813

... the prerequisites for imposing liability under the Accountant Liability Act, N.J.S.A. 2A:53A-25. KPMG already was in the process of ... Art’s claim was barred by the Accountant Liability Act, N.J.S.A. 2A:53A-25. Following trial, a jury returned a verdict ... the merger, Cast Art failed to satisfy the prerequisites of N.J.S.A. 2A:53A-25(b)(2). 1. An audit is an ... In 1995, New Jersey abandoned the foreseeability test by adopting N.J.S.A. 2A:53A-25. Subsection (b)(2) sets forth preconditions to ... connection with a specified transaction made by the claimant.” N.J.S.A. 2A:53A-25(b)(2)(a). At most, testimony offered ... proceeding with the merger. Thus, Cast Art failed to satisfy N.J.S.A. 2A:53A-25(b)(2), and KPMG was entitled ...

docket:	A-51-10
court:	NJ Supreme Court
decided:	2012-02-16
status:
citation:
Document Size:	82927

4797 B.G v. E.G -- rank: 813

... the PPR for Edward. The court analyzed the factors under N.J.S.A. 9:2-4, and found the parties 'have no ability ... all of the children.' The court considered the factors under N.J.S.A. 2A:34-23.1 in making equitable distribution of the ... the need for alimony, the court considered the factors in N.J.S.A. 2A:34- 23(b) and (c). The court noted the ... The court is to apply the factors set forth in N.J.S.A. 9:2-4 in its evaluation. Ibid. Included in these ... the best interest standard applies in reviewing an application under N.J.S.A. 9:2-2 by a custodial parent to remove a ... 16T1 (2017). Relocation within the State is not subject to N.J.S.A. 9:2-2. Schulze v. Morris, 361 N.J. ...

docket:	a0830-16
court:	NJ Superior Court Appellate Division
decided:	2018-08-31
status:	Unpublished
citation:
Document Size:	63580

4798 STATE OF NEW JERSEY v. SHAWN STRADER -- rank: 812

... his conviction of first degree attempted murder, in violation of N.J.S.A. 2C:5-1 and 2C:11-3(a); second degree aggravated arson, in violation of N.J.S.A. 2C:18-2 (count three); fourth degree criminal contempt, in violation of N.J.S.A. 2C:17-3 (count eight). Defendant was acquitted on a ... charging him with second degree attempted escape, in violation of N.J.S.A. 2C:29-5 and N.J.S.A. 2C:43-7.2. On count two, a concurrent seven ... inadequate. The court's charge to the jury pertained to N.J.S.A. 2C:25-17 to -35. In light of our ...

docket:	a4670-04
court:	njappellate
decided:	2007-05-04
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	91675

4799 Maria Soto v.Lisa Scaringelli and James Scaringelli -- rank: 812

... of the Automobile Insurance Cost Reduction Act of 1998 (AICRA), N.J.S.A. 39:6A-8a. ����On January 6, 2002, Maria Soto was ... this, involving a claim of �significant disfigurement or significant scarring.� N.J.S.A. 39:6A-8a. Although susceptible to a plain language interpretation ... other uncompensated expenses, including, but not limited to, medical expenses[,]� N.J.S.A. 39:6A-2k -- and those who seek recovery for nonecomonic loss -- that is, loss for �pain, suffering and inconvenience[,]� N.J.S.A. 39:6A-2i. The noneconomic loss category of cases is ... reasonable degree of medical probability, other than scarring or disfigurement.� N.J.S.A. 39:6A-8a. If, however, the verbal threshold or limitation ... operation, maintenance or use of such automobile in this State.� N.J.S.A. 39:6A-8b. In this appeal, we are called ...

docket:	a-17-06
court:	njsupreme
decided:	2007-03-21
status:
citation:	189 N.J. 558
Document Size:	61415

4800 /usr/local/share/www/libweb/collections/courts/appellate/a2078-14resubmit.opn.html -- rank: 812

... guilty to a reduced charge of first-degree aggravated manslaughter, N.J.S.A. 2C:11-4(a). The State, in turn, agreed to ... No Early Release Act ('NERA'), 4 A-2078-14T 3 N.J.S.A. 2C:43-7.2. The first judge accepted the factual ... 2014, defendant was sentenced on count four, first-degree murder, N.J.S.A. 2C:11-3(a)(1) and (2), to a sixty ... investigation and report is mandatory. Rule 3:21-2(a); N.J.S.A. 2C:44-6(a); State v. Roth, 95 N.J ... to order additional medical or psychological testing of a defendant. N.J.S.A. 2C:44-6(c). In imposing a sentence that arises ...

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court:	NJ Superior Court Law/Chancery Division
decided:
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Document Size:	61361