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5086 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. K.P. -- rank: 810

... 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).] "The four criteria enumerated in ... 161 N.J. at 354. "Reasonable efforts," as defined in N.J.S.A. 30:4C-15.1(c), include but are not limited ... of parental rights will not do more harm than good. N.J.S.A. 30:4C-15.1(a)(4). The question under this ... not as strong, that evidence will satisfy the requirement of N.J.S.A. 30:4C-15.1(a)(4)." Id. at 363. "Inherent ...

docket:	a3337-09
court:	superior court appellate division
decided:	2011-02-04
status:	unpublished
citation:
Document Size:	60641

5087 L.E. v. THE PLAINFIELD PUBLIC SCHOOL -- rank: 810

... provisions of the Tort Claims Act (TCA or Act) – N.J.S.A. 59:5-4, governing the failure to provide police protection services, and N.J.S.A. 59:3-5, governing the failure to enforce laws â ... found defendants were immune under the TCA. The court invoked N.J.S.A. 59:5-4, which provides public entities and employees immunity ... provide sufficient police protection service.' The court also relied on N.J.S.A. 59:3-5, which provides immunity to public employees for ... his [or her] failure to enforce any law .' See also N.J.S.A. 59:2-4 (extending similar immunity to public entities). The ... public entity or a public employee or any other person.' N.J.S.A. 59:2-1. But, the Act states generally that '[ ...

docket:	a3638-16
court:	NJ Superior Court Appellate Division
decided:	2018-10-05
status:	Published
citation:	456 N.J.Super. 336 194 A.3d 105
Document Size:	38909

5088 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.E.Z. -- rank: 810

... convincing evidence the four prongs of the best interests test. N.J.S.A. 30:4C-15.1(a). The Law Guardian supported termination ... On August 2, 2011, a fact-finding hearing pursuant to N.J.S.A. 30:4C—12. was conducted before Judge Octavia Melendez. Judge ... prongs of the best interests test, as set forth in N.J.S.A. 30:4C-15.1a(1) to -15.1a(4), and ... of parental rights will not do more harm than good. [ N.J.S.A . 30:4C-15.1(a).] These four, often overlapping elements ... The judge next addressed the four-prong test contained in N.J.S.A. 30:4C-15.1(a), and concluded that defendants' parental ... evidence of harm arising out of the parent-child relationship. N.J.S.A. 30:4C-15.1(a)(1); see K.H. ...

docket:	a2500-12xx
court:	NJ Superior Court Appellate Division
decided:	2013-10-30
status:	unpublished
citation:
Document Size:	52090

5089 ROSEMARIE HABICK V. LIBERTY MUTUAL FIRE INC. CO. -- rank: 810

... filed for arbitration of her PIP claim, as permitted by N.J.S.A. 39:6A-5h. Because the other driver was uninsured, plaintiff ... Turck , 156 N.J. 480 , 486 (1998). The Arbitration Act, N.J.S.A. 2A:24-1 et seq. , enacted in 1923, provides narrow ... definite award upon the subject matter submitted was not made.         [ N.J.S.A. 2A:24-8] Neither party to this appeal suggests that ... 1983 amendments to the New Jersey Automobile Reparation Reform Act, N.J.S.A. 39:6A-1 et seq. See L. 1983 c. 362, § 8, amending N.J.S.A. 39:6A-5c (now § 5h).     Permissible grounds for modifying an arbitration award are set forth in N.J.S.A. 2A:24-9. They include circumstances "Where the arbitrators ...

docket:	a2795-97
court:	njappellate
decided:	1999-03-31
status:	published
citation:	<a href=
Document Size:	59378

5090 Strasenburgh v. Straubmuller -- rank: 810

... first impression concerning the New Jersey Business Corporation Act (BCA). N.J.S.A. 14A:1-1 to 16-4. Principal issues were whether ... to demand payment of fair value for their shares under N.J.S.A. 14A:11-1 to -8 of the BCA. (For convenience ... value if a "proposed corporate action is abandoned or rescinded." N.J.S.A. 14A:11-4(1)(e).     (2) A "dissenting shareholder" is ... after notice of the "effective date" of the corporate action. N.J.S.A. 14A:11-3(1).     (3) Notice of the effective date ... from the Model Business Corporation Act (the Model Act). See N.J.S.A. 14A:11-4 "Source or Reference." The minutes of the ... however, step two takes place after the effective date. See N.J.S.A. 14A:11-2(3).     Notably, New York's current ...

docket:	a-137-95
court:	njsupreme
decided:	1996-10-23
status:
citation:	146 N.J. 527
Document Size:	84165

5091 MTAG AS CUST FOR ATCF II NJ, LLC v. TAO INVESTMENTS, LLC -- rank: 810

... LLC) pursuant the Revised Uniform Limited Liability Company Act (RULLCA), N.J.S.A. 42:2C-1 to -94. Plaintiff argues the trial court ... in RULLCA. Although RULLCA and the Business Corporation Act (BCA), N.J.S.A. 14A:1-1 to: 18-11, contain some A-3138 ... is governed by Rule 4:4-4(a)(6) and N.J.S.A. 14A:4-2, whereas service upon an LLC is governed by Rule 4:4-4(a)(5), and RULLCA, N.J.S.A. 42:2C-17. The RULLCA service of process provision contains ... efforts, service may be made upon the State filing office. N.J.S.A. 42:2C-17(b). In contrast, the BCA service of ... agent of a corporation. R. 4:4- 4(a)(6); N.J.S.A. 14A:4-2. When followed, the service of process ...

docket:	a3138-21
court:	NJ Superior Court Appellate Division
decided:	2023-07-10
status:	Published
citation:
Document Size:	42575

5092 TOWNSHIP OF MANALAPAN v. ANTHONY GENTILE -- rank: 810

... of P.L.1971, c. 361 (C. 20:3-38)[.] [N.J.S.A. 20:3-30.] A-5302-16T1 12 '[A]ll reasonable ... any portion thereof occupied by the condemnee during such period. [N.J.S.A. 20:3-31.] A-5302-16T1 31 Post-judgment interest ...

docket:	a5302-16
court:	NJ Superior Court Appellate Division
decided:	2019-06-04
status:	Unpublished
citation:
Document Size:	59778

5093 ANDREW KAPLAN v. WHOLESALE AUTOMOTIVE SUPPLY CO. -- rank: 810

... New Jersey's civil Racketeer Influenced and Corrupt Organizations Act, N.J.S.A. 2C:41-1 to -6.2 (NJRICO), the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-1 to -20 (CFA), and the Magnuson-Moss ... his response was not a formal declaratory ruling pursuant to N.J.S.A. 52:14B-8, that it was not binding on the ... meet the definition of such a vehicle protection product. See N.J.S.A. 17:18-19 to -26. Defendant responds that: the court ... the year-old statute governing such products in New Jersey, N.J.S.A. 17:18-19 to -26, effective April 1, 2008. According to N.J.S.A. 17:18-19, a "vehicle protection product" means a ...

docket:	a2182-07
court:	NJ Superior Court Appellate Division
decided:	2009-05-15
status:	unpublished
citation:
Document Size:	149590

5094 STATE OF NEW JERSEY v. KENNETH W. VERPENT -- rank: 810

... by auto in Bergen County Indictment No. 09-09-1757. N.J.S.A. 2C:12-1(c)(2). Defendant was also found guilty ... influence of a controlled dangerous substance without a medical purpose, N.J.S.A. 2C:35-10(b); (2) reckless driving, N.J.S.A. 39:4-96; and (3) driving while intoxicated, N.J.S.A. 39:4-50. After merging the disorderly persons and reckless ... reckless operation of a vehicle is a fourth-degree crime, N.J.S.A. 2C:12-1(c)(1). It is elevated to a ... a person's reckless operation of a vehicle while intoxicated. N.J.S.A. 2C:12-1(c)(2). The jury found defendant ...

docket:	a3807-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-23
status:	unpublished
citation:
Document Size:	53812

5095 CHRISTINE THOMSEN, Plaintiff v. JANICE D. MERCER-CHARLES, et al. -- rank: 810

... by the amount of recovery under any such insurance policy. [ N.J.S.A. 17:30A-12b.] We hold that the Association is entitled ... who hold policies embraced within the scope of the Act. N.J.S.A. 17:30A-2a. The Act is to be construed liberally ... which the claim arises is permanently located in New Jersey. N.J.S.A. 17:30A-5d. Moreover, "'covered claim' shall not include any ... statutory ceiling or cap on a covered claim set by N.J.S.A. 17:30A-12b sets the priority of claims between the ... claimant must first exhaust the solvent insurer's policy limits. N.J.S.A. 17:30A-12b. The covered claim is thus reduced by ... carrier that becomes insolvent, the individual is not precluded by N.J.S.A. 17:30A-12b from recovering the maximum amount available ...

docket:	a5571-02
court:	njappellate
decided:	2005-04-28
status:	published
citation:	377 N.J. Super. 267
Document Size:	61206

5096 State v. Luis Garcia -- rank: 810

... was charged with second-degree conspiracy to commit armed burglary, N.J.S.A. 2C:5-2, 2C:18-2(a)(1), and 2C:18-2(b)(2); second-degree attempted armed burglary, N.J.S.A. 2C:5-1, 2C:18-2(a)(1), and 2C ... 2(b)(2); third-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b); second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a); and fourth-degree possession of hollow nose bullets, N.J.S.A. 2C:39-3(f). In a separate indictment, he was ... second-degree possession of a weapon by a convicted person, N.J.S.A. 2C:39-7(b)(1). 1 At defendant’s ...

docket:	a-120-06
court:
decided:	2008-06-18
status:
citation:	195 N.J. 210
Document Size:	69320

5097 FEDERAL PACIFIC ELECTRIC CO. v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, -- rank: 810

... with the requirements of the Industrial Site Recovery Act (ISRA), N.J.S.A. 52:14B-3 to -8, -22 to -24, we reverse ... dated August 18, 1997, FPE requested dispute resolution pursuant to N.J.S.A. 58:10B-17, arguing that application of GWQS criteria as ... environmental problems. In 1976, the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 to -23.24 was enacted to ... standards and mechanisms regarding the cleanup of hazardous discharges. See N.J.S.A. 58:10A-1 to -60, "to restore, enhance and maintain ... the domestic, municipal, recreational, industrial and other uses of water." N.J.S.A. 58:10A-2.     At the same time, the Department adopted ... of contaminated industrial sites upon their sale, closure, or transfer. N.J.S.A. 13:1K-6 (prior to amendment). ECRA required that ...

docket:	A0518-98
court:	NJ Superior Court Appellate Division
decided:	2000-09-22
status:	published
citation:	334 N.J. Super. 323
Document Size:	51628

5098 /usr/local/share/www/libweb/collections/courts/appellate/a5807-12.opn.html -- rank: 810

... alleging violations of the New Jersey Civil Rights Act (NJCRA), N.J.S.A. 10:6-2, and the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -14. The resultant Law Division order ... Elections is nominated and appointed by the Governor, pursuant to N.J.S.A. 19:32-1. Freytes was appointed in 2005 and was ... within the one-year statute of limitations set forth in N.J.S.A. 34:19-5. However, Cedestino remained an employee of the ... a hostile work environment causing him emotional distress. 5 See N.J.S.A. 34:19-5 (providing a CEPA plaintiff may assert all ... law; (2) that he . . . performed whistle-blowing activity described in N.J.S.A. 34:19-3[(a), (c)(1), or (c)(2)]; ( ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	58478

5099 SERGIO RODRIGUEZ v. RAYMOURS FURNITURE COMPANY, INC -- rank: 810

... upon disability, in violation of the Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49. At the close of discovery ... App. Div. 1997), the two year limitation period provided by N.J.S.A. 2A:14-2 cannot be modified by agreement. Well-settled ... filing period under the New Jersey Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -195, because the limitation was reasonable ... the ordinary six-year statutory limitation for such actions under N.J.S.A. 2A:14-1), certif. denied , 101 N.J. 325 (1985 ... such as the LAD, the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -14, and the Family Leave Act, N.J.S.A. 34:11B-1 to -16, as evidence of a ...

docket:	a4329-12
court:	NJ Superior Court Appellate Division
decided:	2014-06-19
status:	published
citation:	436 N.J.Super. 305 93 A.3d 760
Document Size:	63661

5100 HACKENSACK CITY v. BERGEN COUNTY -- rank: 810

... of the County's request to apply the Freeze Act, N.J.S.A. 54:51A-8, as it is not properly before this ... property was sold to BCCC. The City's challenges implicate N.J.S.A. 54:4-3.3, which provides, "the property of . . . the ... County argues the assessments were invalid based upon application of N.J.S.A. 54:51A-8; see also N.J.S.A. 54:3-26. The County maintains the City could not ... 17, 1996. The appeals were dismissed for late filing. See N.J.S.A. 54:3-21 (stating the April 1 filing deadline for ... County received notice of the assessments in 1995 and 1996. N.J.S.A. 54:3-21 sets forth the process for a ...

docket:	a0511-07
court:	New Jersey Superior Court Appellate Division
decided:	2009-02-09
status:	published
citation:
Document Size:	46510