Search Rutgers Law Library N.J. Court Opinions

511 DIVISION OF YOUTH AND FAMILY SERVICES v. V.M. and B.G. -- rank: 841

... we conclude that DYFS did not establish the statutory criteria, N.J.S.A. 30:4C-15.1a, by clear and convincing evidence. Accordingly ... the best interests of the child test set forth at N.J.S.A. 30:4C-15.1a, but that prongs two and four ... 2009). DYFS must prove each of the four prongs in N.J.S.A. 30:4C-15.1a, set forth infra , by clear and ... failed to establish each of the four statutory elements of N.J.S.A. 30:4C-15.1a by clear and convincing evidence. The ... s refusal to consent to a c-section. Consistent with N.J.S.A. 30:4C-15.1a, DYFS can initiate a petition to ... found that the filing of a guardianship complaint pursuant to N.J.S.A. 30:4C-15(c), regarding the "best interests of ...

docket:	a2649-08
court:	New Jersey Superior Court Appellate Division
decided:	2010-08-06
status:	unpublished
citation:
Document Size:	152443

512 STATE OF NEW JERSEY v. TRAVIS BURRIS -- rank: 841

... aggravating factors one (the nature and circumstances of the offense), N.J.S.A. 2C:44-1(a)(1); three (the risk of re-offense), N.J.S.A. 2C:44-1(a)(3); five (substantial likelihood of organized criminal activity), N.J.S.A. 2C:44-1(a)(5); six (defendant's prior record), N.J.S.A. 2C:44-1(a)(6); and nine (need to deter), N.J.S.A. 2C:44-1(a)(7). With respect to aggravating factor ... count indictment included the following charges: second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1) (count one); third-degree ...

docket:	a0666-11
court:	NJ Superior Court Appellate Division
decided:	2014-11-11
status:	unpublished
citation:
Document Size:	107520

513 Trantino v. New Jersey State Parole Board -- rank: 841

... by the Parole Act of 1979, L. 1979, c. 441, N.J.S.A. 30:4-123-45 to -69, is the source of ... after the death penalty was invalidated.     The 1979 Parole Act, N.J.S.A. 30:4-123.11 (repealed) (“Any prisoner serving a sentence ... commit a crime . . . if released on parole at such time.” N.J.S.A. 30:4-123-53. Accordingly, the critical and controlling question ... no substantial likelihood [of future criminal conduct].” Id. Pursuant to N.J.S.A. 30:4-123.55b, the Board's Chairman affirmed the ...

docket:	a-136-99
court:	njsupreme
decided:	2001-01-18
status:
citation:	166 N.J. 113
Document Size:	293689

514 /usr/local/share/www/libweb/collections/courts/appellate/a5671-13a2312-14a2313-14.opn.html -- rank: 841

... terminate their obligations under Megan's Law's registration requirements, N.J.S.A. 2C:7-1 to -5 (the Registration Law), were denied ... likely to pose a threat to the safety of others.' N.J.S.A. 2C:7-2f. Appellants' applications were denied because each appellant ... appeals require us to decide whether the term 'offense' in N.J.S.A. 2C:7-2f means 'a crime, a disorderly persons offense ... convicted of third-degree endangering the welfare of a child, N.J.S.A. 2C:24-4a, an offense that triggered the requirements of ... to three years' probation and community supervision for life (CSL), N.J.S.A. 2C:43-6.4.2 A.D. initially complied with ... to-back appeals, which we consolidate for this opinion. 2 N.J.S.A. 2C:43-6.4 was amended by L. 2003 ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	69075

515 STATE OF NEW JERSEY v. EDWIN URBINA -- rank: 841

... pursuant to a plea agreement, for first-degree aggravated manslaughter, N.J.S.A. 2C:11-4(a)(1), as well as the resulting ... of parole ineligibility under the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. On April 11, 2011, defendant filed ... offense that, if committed by an adult, would constitute murder, N.J.S.A. 2C:11-3(a)(1),(2), and he was remanded ... March 27, 2008, defendant, represented by the same counsel, invoked N.J.S.A. 2A:4A-27 1 and elected to have the case ... to an accusation charging him with first-degree aggravated manslaughter, N.J.S.A. 2C:11-4(a)(1), in return for a sentence ... considered defendant's juvenile record, and finding aggravating factors under N.J.S.A. 2C:44-1(a)(3) (risk of committing another ...

docket:	a1761-11
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	84075

516 STATE OF NEW JERSEY v. M.C -- rank: 841

... on their convictions for first-degree aggravated sexual assault under N.J.S.A. 2C:14-2(a)(7) and remand for resentencing on ... an indictment with first-degree 2 A-1137-15T1 kidnapping, N.J.S.A. 2C:13-1(b)(1), first-degree aggravated sexual assault ... abetted by another and by using physical force or coercion, N.J.S.A. 2C:14-2(a)(5), first-degree sexual assault upon ... E.W. knew, or should have known, was mentally defective, N.J.S.A. 2C:14-2(a)(7), second-degree sexual assault, N.J.S.A. 2C:14-2(c)(1), and third-degree witness tampering, N.J.S.A. 2C:28-5(a). The court dismissed the witness ...

docket:	a1137-15
court:	New Jersey Superior Court Appellate Division
decided:	2018-08-03
status:
citation:
Document Size:	100665

517 IN THE MATTER OF THE ORDER OF THE NEW JERSEY RACING COMMISSION -- rank: 841

... and the NJSEA violated the Open Public Meetings Act (OPMA), N.J.S.A. 10:4-6 to -21, and the order impermissibly appoints ... the New Jersey Off-Track and Account Wagering Act (OTAWA), N.J.S.A. 5:5-127 to -160, and an agreement between the ... in the State. L. 1940, c. 17, § 1; see N.J.S.A. 5:5-22. The Legislature empowered the Commission to prescribe ... under which all horse races are conducted in the State, N.J.S.A. 5:5-30, and to issue and regulate the licensing of those connected with horse racing, N.J.S.A. 5:5-33, -51. See also Delguidice v. N.J ... other things. See New Jersey Sports and Exposition Authority Law, N.J.S.A. 5:10-1 to -38. The Legislature granted the ...

docket:	a2353-13
court:	superior court trial
decided:	2015-02-17
status:	unpublished
citation:
Document Size:	68486

518 STATE OF NEW JERSEY v. BARRY SHERMAN -- rank: 841

... Number 02-03-00527 with first-degree kidnapping, contrary to N.J.S.A. 2C:13-1a (count one); third-degree criminal restraint, contrary to N.J.S.A. 2C:13-2a (count two); two counts of second-degree endangering the welfare of a child, contrary to N.J.S.A. 2C:24-4a (counts three and four); and third-degree terroristic threats, contrary to N.J.S.A. 2C:43-7.2, and to a consecutive term of ... sentence imposed on his second-degree conviction for endangering.     Under N.J.S.A. 2C:13-1c, kidnapping is a first-degree crime unless ... that statutory provision; (2) whether the released unharmed provision of N.J.S.A. 2C:13-1c is a "grading mechanism" or a " ...

docket:	a4663-02
court:	njappellate
decided:	2004-03-04
status:	published
citation:	367 N.J. Super. 324
Document Size:	84634

519 /usr/local/share/www/libweb/collections/courts/tax/19335-10.opn.html -- rank: 841

... business income earned within the State for the purposes of N.J.S.A. 54:10A-6(B)(6); (2) neither the mortgage service ... in accordance with the now repealed Throw-Out Rule of N.J.S.A. 54:10A-b(b)(6). 3 A Notice of Assessment ... Assessment was issued, stating that: this determination is based upon N.J.S.A. (sic) 18:7-8.12(d) and (e), that the ... capital or property, or maintaining an office in the State. N.J.S.A. 54:10A-34. “Doing business” under the CBT Act ... N.J. 27 (1985). The allocation factor set forth in N.J.S.A. 54:10A-6 is employed to determine that appropriate portion ... Div. 2000), aff’d 168 N.J. 138 (2001) (citing N.J.S.A. 54:10A-6); see also Telebright Corp., Inc. v. ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	103902

520 IN RE N.J.A.C 7:1B-1.1 ET SEQ -- rank: 841

... facto rulemaking in violation of the Administrative Procedures Act (APA), N.J.S.A. 52:14B-l to -15. 3 For reasons that follow ... acts. For example, in the Flood Hazard Area Control Act, N.J.S.A. 58:16A-55(b) states that "[p]rovision shall be ... regulations, where necessary to alleviate hardship." See also , e.g. , N.J.S.A. 13:1E-4 (Solid Waste Management Act); N.J.S.A. 13:1E-48.4(b) (Comprehensive Regulated Medical Waste Management Act); N.J.S.A. 13:1K-11.4 (Industrial Site Recovery Act); N.J.S.A. 13:9B-18(a) (Freshwater Wetlands Protection Act); N. ...

docket:	a4098-11
court:	NJ Superior Court Appellate Division
decided:	2013-03-21
status:	published
citation:	431 N.J.Super. 100 67 A.3d 621
Document Size:	117070

521 TEAMSTERS LOCAL 97 v. STATE OF NEW JERSEY -- rank: 841

... central to this appeal. Chapter 1, Section 22 (codified at N.J.S.A. 43:16A-1) changed the definition of "final compensation" used ... and multiple coverage. Section 1 (codified in relevant part at N.J.S.A. 52:14-17.28b(c)(2)) required participating SHBP employees ... collective negotiations agreement. Section 1 (codified in relevant part at N.J.S.A. 52:14-17.28b(d)) also required retirees to contribute ... 2010, c. 2[.]" Section 6 (codified in relevant part at N.J.S.A. 52:14-17.46.9(b)) required the same contribution ... S. 3 (March 1, 2010). Chapter 2, Section 8 (amending N.J.S.A. 52:14-17.36(b)) (the Section 8 Applicability Provision ... 17.46.1 et seq.). Chapter 2, Section 11 (amending N.J.S.A. 52:14-17.31a(c)), provides that in consideration ...

docket:	a3916-10
court:	NJ Superior Court Appellate Division
decided:	2014-01-31
status:	published
citation:	434 N.J.Super. 393 84 A.3d 989
Document Size:	101618

522 STATE OF NEW JERSEY v. ANTHONY EUGENE STEVENSON -- rank: 841

... novo. State v. Gamble, 218 N.J. 412, 425 (2014). N.J.S.A. 2A:156A-10 governs the grounds necessary for the issuance ... succeed if tried or to be too dangerous to employ.' N.J.S.A. 2A:156A-9. The New Jersey statutes on wiretap warrants ... was engaged in criminal activity justifying a wiretap warrant under N.J.S.A. 2A:156A-10. As a result, a Franks hearing was ... government representative charged with the duty of enforcing those laws. N.J.S.A. 2A:84A-28; N.J.R.E. 516. Evidence of ... is essential to assure a fair determination of the issues.' N.J.S.A. 2A:84A-28; N.J.R.E. 516. A-0073 ... entrapment concerns the wrongfulness of the government's actions. Ibid. N.J.S.A. 2C:2-12 sets forth the elements a defendant ...

docket:	a0073-15
court:	NJ Superior Court Appellate Division
decided:	2018-10-31
status:	Unpublished
citation:
Document Size:	92634

523 STATE OF NEW JERSEY v. CHARLES E. LUCAS -- rank: 841

... first-degree aggravated sexual assault of a physically helpless victim, N.J.S.A. 2C:14-2(a)(7). Defendant claimed he had a ... grand jury charged defendant in a 2013 indictment with violating N.J.S.A. 2C:14-2(a)(7) by committing an act of ... original indictment charged defendant with a single count of violating N.J.S.A. 2C:14-2(a)(7). Lucas, slip op. at 7 ... proceeded to trial on the count alleging a violation of N.J.S.A. 2C:14-2(a)(7). Ibid. We do not address ... defendant's PCR petition challenges only his conviction for violating N.J.S.A. 2C:14-2(a)(7). A-0843-20 3 Nancy ... he knew or should have known she was physically helpless. N.J.S.A. 2C:14-2(a)(7). Following our affirmance of ...

docket:	a0843-20
court:	NJ Superior Court Appellate Division
decided:	2021-11-22
status:	Unpublished
citation:
Document Size:	83567

524 Township of Green, v. Life With Joy, Inc. -- rank: 841

... Taxation (“County Board”) concerning the tax- exempt status under N.J.S.A. 54:4-3.6, of property owned by Life with ... LWJ has met its burden of satisfying the elements of N.J.S.A. 54:4-3.6 (2) denies the Township’s 2016 ... its judgment on the issue. APPLICABLE LAW A. Generally “ N.J.S.A. 2A:3A-4b directs this court to hear and determine ... grounds, 99 N.J. 265 (1985). B. Property Tax Exemption N.J.S.A. 54:4-3.6 provides in pertinent part that: The ... to taxation and the remaining portion only shall be exempt. [N.J.S.A. 54:4-3.6] While value determinations by County Boards ... three criteria for whether a property qualifies for exemption under N.J.S.A. 54:4-3.6: (1) the owner of the ...

docket:	9572-16
court:	NJ Tax Court
decided:	2022-03-24
status:	Published
citation:
Document Size:	60446

525 KAS ORIENTAL RUGS, INC v. MATT ELLMAN -- rank: 841

... turned on application of the Sales Representatives' Rights Act (SRRA), N.J.S.A. 2A:61A-1 to -7; we also noted that Kas ... judgment rule, Rule 4:58-3, the frivolous litigation statute, N.J.S.A. 2A:15-59.1., and the SRRA. The remand judge ... his claim for fees and court costs, Ellman argued that N.J.S.A. 2A:61A-2 obligated Kas to pay "the commissions and ... through the last day of the contract . . . within 30 days." N.J.S.A. 2A:61A-3a then declared that a violation of N.J.S.A. 2A:61A-2 renders a principal "liable to the sales ... s motion for attorney's fees and costs pursuant to [ N.J.S.A. 2A:61A-3]. I don't believe that Mr. ...

docket:	a2567-07
court:	NJ Superior Court Appellate Division
decided:	2009-06-08
status:	published
citation:	407 N.J. Super. 538 972 A.2d 413
Document Size:	149538