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646 /usr/local/share/www/libweb/collections/courts/appellate/a1472-05.opn.html -- rank: 841

Original Wordprocessor Version (NOTE: The status of this decision is Published .) NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1472-05T1 A-1473-05T1 A-1475-05T1 CASEY PELLICER, a minor, A-1483-05T1 by his guardian ad litem ...

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court:	NJ Superior Court Law/Chancery Division
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647 STATE OF NEW JERSEY v. DAWUD FITZGERALD -- rank: 841

... convicted of first-degree leader of a narcotics trafficking network, N.J.S.A. 2C:35-3 (Count One); second-degree conspiracy to distribute a controlled dangerous substance (CDS), heroin and/or cocaine, N.J.S.A. 2C:35-5a(1), N.J.S.A. 2C:35-5b(2), and N.J.S.A. 2C:5-2 (Count Two); second-degree employment of a juvenile in a drug distribution scheme, N.J.S.A. 2C:35-6 (Count Three); first-degree maintaining or operating a CDS production facility, heroin and/or cocaine, N.J.S.A. 2C:35-4 (Count Four); two counts of third- ...

docket:	a5810-09
court:	NJ Superior Court Appellate Division
decided:	2012-02-15
status:	unpublished
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648 STATE OF NEW JERSEY v. C.E.L. -- rank: 841

... matter pursuant to Rule 1:38-3(c)(9) and N.J.S.A. 2A:82-46. PER CURIAM Following a jury trial, defendant ... than thirteen years (his four-year-old daughter, C.L.), N.J.S.A. 2C:14- 2(a)(1) (count one); second-degree sexual assault of a victim less than thirteen years old, N.J.S.A. 2C:14-2(b) (count two); second- degree sexual assault of a victim less than thirteen years old, N.J.S.A. 2C:14-2(b) (count three); second-degree sexual assault of a victim less than thirteen years old, N.J.S.A. 2C:14-2(b) (count four); second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a) (count five); third-degree hindering ...

docket:	a5783-13
court:	NJ Superior Court Appellate Division
decided:	2018-08-31
status:	Unpublished
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Document Size:	142423

649 INTHE MATTER OF THE APPLICATION FOR THE EXPUNGEMENT OF THE CRIMINAL RECORD BELONGING TO J.W -- rank: 841

... that would make the child an abused or neglected child, N.J.S.A. 2C:24-4(a). We conclude that the 2016 amendment to the expungement statute, N.J.S.A. 2C:52-2(b), prohibits expungement of J.W.'s ... the incident to his therapist. J.W. was charged under N.J.S.A. 2C:24-4(a) with two counts of second-degree ... county jail. At the time of J.W.'s conviction, N.J.S.A. 2C:24-4(a) provided as follows: Any person having ... the child an abused or neglected child as defined in [ N.J.S.A. 9:6- 1, N.J.S.A. 9:6-3 and N.J.S.A. 9: ...

docket:	a1730-16
court:	NJ Superior Court Appellate Division
decided:	2018-02-26
status:	unpublished
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Document Size:	72419

650 /usr/local/share/www/libweb/collections/courts/appellate/a4883-11red.opn.html -- rank: 841

... LLC (Jaylin), under the Coastal Area Facility Review Act (CAFRA), N.J.S.A. 13:19-1 to -21, 3 allowing the construction of ... impervious cover limits; (2) violated the Administrative Procedure Act (APA), N.J.S.A. 52:14B-1 to 25, by creating a new habitat ... rulemaking; (3) ignored the requirements of the Pinelands Protection Act, N.J.S.A. 13:18A-1 to -29, and the Pinelands Comprehensive Management ... transition area waiver under the Freshwater Wetlands Protection Act (FWPA), N.J.S.A. 13:9B-1 to -30. 5 Jaylin proposed developing its ... 7A:7E-5B and thus violated CAFRA's mandate in N.J.S.A. 13:19-10 that DEP issue a permit "only upon ... life processes at the site and within the surrounding region." N.J.S.A. 13:19-10(e). I. GENERAL LEGAL PRINCIPLES Except ...

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court:	NJ Superior Court Law/Chancery Division
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651 CINDY JOHNSON v. FRANK MCCLELLAN, ESQ., -- rank: 841

... estate, brought a civil action against defendant Frank McClellan, under N.J.S.A. 2C:21-22a, for damages resulting from defendant's alleged ... 036.26 representing treble damages and attorney's fees, under N.J.S.A. 2C:21-22a. This appeal followed. Because disgorgement is a ... loss,' a required element for a cause of action under N.J.S.A. 2C:21-22a, we reverse. I. On December 28, 2008 ... defendant engaged in unauthorized practice of law, as prohibited by N.J.S.A. 2C:21-22a, 4 Since Freiwald was not a certified ... admitted the necessary material facts to establish a violation of N.J.S.A. 2C:21-22, engaging in the unauthorized practice of law ... defendant committed the unauthorized practice of law as prohibited by N.J.S.A. 2C:21-22, and defendant was liable for 'either ...

docket:	a2683-19
court:	NJ Superior Court Appellate Division
decided:	2021-07-19
status:	Published
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Document Size:	71208

652 IN THE MATTER OF THE SUSPENSION OR REVOCATION OF THE LICENSE OF STEVEN C. BRIGHAM, M.D LICENSE NO. MA05106800 TO PRACTICE MEDICINE AND SURGERY IN THE STATE OF NEW JERSEY -- rank: 841

... as to his Grace patients, the BME found Brigham violated N.J.S.A. 45:1-21(h) by 'perform[ing] termination of pregnancy ... all of his patients, the BME found Brigham violated: (1) N.J.S.A. 45:1-21(b) for 'two independent bases' of dishonesty ... recordkeeping practices, which the BME merged for penalty purposes; (2) N.J.S.A. 45:1-21(c) by engaging in acts constituting gross negligence; (3) N.J.S.A. 45:1-21(e) by engaging in acts of professional malpractice; (4) N.J.S.A. 45:1-21(f) by engaging in acts constituting 'the unlicensed practice of medicine in Maryland[;]' and (5) N.J.S.A. 45:1-21(h) by failing 'to maintain patient ...

docket:	a1944-14
court:	NJ Superior Court Appellate Division
decided:	2018-09-07
status:	Unpublished
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Document Size:	174844

653 /usr/local/share/www/libweb/collections/courts/appellate/a4168-19.opn.html -- rank: 841

... independent contractor under the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -65); see also Hargrove v. Sleepy ... purposes of determining the applicability of the Wage Payment Law, N.J.S.A. 34:11-4.1 to -4.14, and the Wage and Hour Law, N.J.S.A. 34:11-56(a) to -56(a)38). Plaintiffs did ... In the sixth count, plaintiffs allege defendants violated the LAD, N.J.S.A. 10:5-1 to -50; N.J.S.A. 10:1-2; and N.J.S.A. 40A:9-6 by denying plaintiffs access to places ...

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654 NEW JERSEY ASSOCIATION OF SCHOOL ADMINISTRATORS v. CHRISTOPHER D. CERF -- rank: 841

... approve employment contracts that local school districts award to superintendents. N.J.S.A. 18A:7-8(j). At issue is the Commissioner's ... the authority delegated to the Commissioner by the Legislature in N.J.S.A. 18A:7-1 to -16 ( L. 2007, c. 63, Â ... a local school board to fix its superintendent's salary, N.J.S.A. 18A:17-19; application of the salary cap to superintendents ... whose contracts expired on June 30, 2011 is precluded by N.J.S.A. 18A:17-20.1 or -20.2; and the Commissioner ... the rulemaking provisions of the Administrative Procedure Act (the Act), N.J.S.A. 52:14B-1 to -24, by directing the ECSs to ... to refer to the Association and the individuals. Pursuant to N.J.S.A. 18A:7-8(j), "Each [ECS] shall . . . [r]eview ...

docket:	a4997-10
court:	NJ Superior Court Appellate Division
decided:	2012-10-25
status:	published
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Document Size:	53258

655 Calton Homes, Inc. v. Tp. of West Windsor -- rank: 841

... presents a question under the rollback tax assessment provisions of N.J.S.A. 54:4-23.8. The parties, plaintiff, Calton Homes, Inc ... as farmland pursuant to the Farmland Assessment Act of 1964, N.J.S.A. 54:4-23.1 to -23.23, for the tax ... two immediately preceding years of 1991 and 1992 pursuant to N.J.S.A. 54:4-23.8 and -23.9. At the hearing ... is correct in this case, this court is obligated, under N.J.S.A. 54:1-35a., to apply the chapter 123 ratio promulgated ... declared by the Director of the Division of Taxation violates N.J.S.A. 54:1-35a. and should be corrected under the plain ... market value was the ratio applied for that year. See N.J.S.A. 54:3-22f. and N.J.S.A. 54: ...

docket:	11369-93
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decided:	1995-07-24
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citation:	15 N.J. Tax 231
Document Size:	172212

656 /usr/local/share/www/libweb/collections/courts/appellate/a0197-12xx.opn.html -- rank: 841

Original Wordprocessor Version (NOTE: The status of this decision is Unpublished .) RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0 A-0194-12T4 A-0197-12T4 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY, Plaintiff-Respondent, v ...

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court:	NJ Superior Court Law/Chancery Division
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657 Caviglia v. Royal Tours of America -- rank: 841

... this appeal, plaintiff challenges the constitutionality of that part of N.J.S.A. 39:6A-4.5a that precludes him from suing the ... moved for summary judgment, arguing that because plaintiff was uninsured, N.J.S.A. 39:6A-5a barred him from suing for economic and ... and reinstated plaintiff’s claim. The trial court concluded that N.J.S.A. 39:6A-4.5a on due process grounds because the ... suitably furthers, a legitimate state interest. We also find that N.J.S.A. 39:6A-4.5a does not violate the equal protection ... State Constitutions. 1. Under New Jersey’s No Fault Act, N.J.S.A. 39:6A-1 to –35, All owners of motor vehicles ... excluded from PIP coverage entirely. In 1985, the Legislature enacted N.J.S.A. 39:6A-4.5, which imposes restrictions on the ...

docket:	a-72-02
court:	njsupreme
decided:	2004-02-19
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citation:	178 N.J. 460
Document Size:	73987

658 THOMAS CANNAVO v. HON CHRISTOPHER J. CHRISTIE -- rank: 841

... several groups of public-employee plaintiffs challenge the constitutionality of N.J.S.A. 43:3B-2 (Chapter 78), a 2011 statute that suspended ... the: 1) State-administered retirement systems; 2) Pension Adjustment Act, N.J.S.A. 43:3B-1 to -10; and 3) non-forfeitable rights statute, N.J.S.A. 43:3C-9.5. We will discuss that framework here ... receiving pension benefits through the Public Employees' Retirement System (PERS), N.J.S.A. 43:15A-1 to -141. PERS was established in 1954 ... and is the largest of the State-administered retirement systems. N.J.S.A. 52:18A-108(c). The intervenors in Berg are retired ... System (PFRS), established in 1944, L. 1944, c. 253, under N.J.S.A. 43:16A-1 to -16.2; and 3) the ...

docket:	a6002-11
court:	NJ Superior Court Appellate Division
decided:	2014-06-26
status:	published
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Document Size:	137144

659 IN THE MATTER OF THE ESTATE OF MICHAEL D. FISHER II -- rank: 841

... willfully forsaking" him within the intendment of the governing statute, N.J.S.A. 3B:5-14.1(b)(1), we reverse. I. We ... his parents would each share equally in his intestate estate. N.J.S.A. 3B:5-4(b). However, N.J.S.A. 3B:5-14.1, which became effective on July 1 ... Fisher from receiving a share of Michael's estate under N.J.S.A. 3B:5-14.1(b). She alleged that Fisher abandoned ... intestate estate. In his written opinion, the judge found that " N.J.S.A. 3B:5-14.1(b)(1) bars a parent from ... II. Whether Fisher "abandoned" Michael turns upon an interpretation of N.J.S.A. 3B:5-14.1(b)(1). "A trial court' ...

docket:	a0878-14
court:	NJ Superior Court Appellate Division
decided:	2015-12-11
status:	published
citation:	443 N.J.Super. 180 128 A.3d 203
Document Size:	68584

660 /usr/local/share/www/libweb/collections/courts/appellate/a0850-18.opn.html -- rank: 841

... convicted of third-degree possession of a controlled dangerous substance, N.J.S.A. 2C:35-l0(a); and second-degree possession of a handgun without a permit, N.J.S.A. 2C:39-5(b). He subsequently pled guilty to second-degree certain persons not to have weapons, N.J.S.A. 2C:39-7(b)(1). The convictions stemmed from officers ... v. Shelley, 205 N.J. 320, 323 (2011)); see also N.J.S.A. 1:1-1; State v. Regis, 208 N.J. 439 ... last prior crime [w]as the equivalent of 'confinement'' under N.J.S.A. 2C:44-3(a), permitting 'imposition of an extended prison ... cannot be considered to be confined within the meaning of N.J.S.A. 2C:44-3(a),' id. at 611 (footnote omitted), ...

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