Search Rutgers Law Library N.J. Court Opinions

676 DIVISION OF CHILD PROTECTION AND PERMANENCY v. G.T and C.C IN THE MATTER OF THE GUARDIANSHIP OF AM.T., J.T and AL.T Minors -- rank: 841

... terminating their parental rights to their three children pursuant to N.J.S.A. 30:4C-15.1(a). On appeal, each parent argues ... I THE TRIAL COURT MISAPPLIED THE LEGAL STANDARDS CONTEMPLATED BY N.J.S.A. 30:4C-15.1a AND ERRED IN CONCLUDING THESE LEGAL ... EVIDENCE THAT [GREG] HARMED HIS CHILDREN WITHIN THE MEANING OF N.J.S.A. 30:4C-15.1a(1). B. THE TRIAL COURT ERRED ... TO ELIMINATE HARM TO HIS CHILDREN WITHIN THE MEANING OF N.J.S.A. 30:4C-15.1a(2). C. THE TRIAL COURT ERRED ... the best-interests-of-the-child test, set forth in N.J.S.A. 30:4C-15.1(a)." F.M. , supra , 211 N ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] The above requirements should ...

docket:	a4982-14
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	93164

677 STATE OF NEW JERSEY v. CONRAD R. SIPA -- rank: 841

... Ocean County grand jury charged defendant with first-degree murder, N.J.S.A. 2C:11-3(a); three counts of third-degree possession ... d); fourth-degree unlawful possession of a weapon, the knife, N.J.S.A. 2C:39-5(d); third-degree hindering apprehension or prosecution, A-5252-18 2 N.J.S.A. 2C:29-3(b)(1); and fourth-degree tampering with evidence, N.J.S.A. 2C:28-6(1). Prior to trial, defendant moved to ... in prison subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. Because defendant contends the verdict was ... REQUIRED TO FIND IN ORDER TO DISALLOW SELF-DEFENSE UNDER N.J.S.A. 2C:3-[4](b)(2) (THE COURT'S INCORRECTLY ...

docket:	a5252-18
court:	NJ Superior Court Appellate Division
decided:	2021-08-06
status:	Unpublished
citation:
Document Size:	129199

678 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. K.W IN THE MATTER OF T.L a minor March 12, 2014 -- rank: 841

... for custody and an order to show cause pursuant to N.J.S.A. 9:6-8.21 to -8.73 and N.J.S.A. 30:4C-12. The judge granted to the Division custody ... Super. 551 , 573, 575-76 (App. Div. 2010); see also N.J.S.A. 9:6-8-21(c)(4) and N.J.S.A. 9:6-8.46(a)(1). Mother, arguing the reports ... in proof of that condition, act, transaction, occurrence or event," N.J.S.A. 9:6-8.46(a)(3), "provided it meets certain ... sufficient to make a fact finding of abuse or neglect." N.J.S.A. 9:6-8.46(a)(4). Under these provisions, " ...

docket:	a4380-11
court:	NJ Superior Court Appellate Division
decided:	2014-03-12
status:	unpublished
citation:
Document Size:	65441

679 New Jersey Division of Child Protection and Permanency v. J.C. and K.C. -- rank: 841

... for the care and supervision of children brought pursuant to N.J.S.A. 30:4C-12 but continue restraints on a parent’s ... HELD: The family court does not have the authority under N.J.S.A. 30:4C-12 to dismiss a Title 30 action -- and ... the Court outlined the multi-step process set forth in N.J.S.A. 30:4C-12 which the Division must follow to properly ... that the best interests of the child so require. Importantly, N.J.S.A. 30:4C-12 provides that any order entered by the ... judicial oversight. That is inconsistent with the express provisions of N.J.S.A. 30:4C-12. A case should be dismissed only when ... for the care and supervision of children brought pursuant to N.J.S.A. 30:4C-12 but continue restraints on a parent’ ...

docket:	a_8_23
court:	supreme
decided:	2024-05-28
status:	Published
citation:
Document Size:	42520

680 of New Jersey v. L.H. -- rank: 841

... there is no overlap requirement in the gap-time statute, N.J.S.A. 2C:44-5(b)(2), and to set forth a ... join, stating that c onsistent with the express provisions of N.J.S.A. 2C:44-5(b)(2) and the overall goals of ... there is no overlap requirement in the gap-time statute, N.J.S.A. 2C:44-5(b)(2), and to set forth a ... ” Cannel, New Jersey Criminal Code Annotated , comment 4 on N.J.S.A. 2C:44-5 at 1130 (2010). Specifically, the statute provides ... unless the court determines otherwise at the time of sentencing. [ N.J.S.A. 2C:44-5(b).] This appeal addresses the application of ... imposed fails to give voice to the clear language of N.J.S.A. 2C:44-5(b) and neglects to afford this ...

docket:	a-31-10
court:	superior court trial
decided:	2011-06-15
status:
citation:
Document Size:	120053

681 HUNY BH ASSOCIATES, INC v. AVI SILBERBERG -- rank: 841

... having the most significant relationship to the matter at issue. [N.J.S.A. 3B:31-7.]14 14 New Jersey's statute became ... 4, and applies to trusts created before its effective date, N.J.S.A. 3B:31-84(a)(1), and to proceedings commenced before ... Comm'n 2000) (discussing Section 107, which is identical to N.J.S.A. 3B:31- 7). By contrast, '[t]he law to apply ... determined under Section 403' of the Uniform Trust Code. Ibid. N.J.S.A. 3B:31-20, which embodies Section 403, states: A written ... created, any trust property was located. interfere with the proceedings, N.J.S.A. 3B:31-84(a)(3). Yael does not oppose applying ... local law of a particular state selected in the . . . trust.' N.J.S.A. 3B:3-33. A-1696-17 45 We interpret ...

docket:	a1696-17
court:	NJ Superior Court Appellate Division
decided:	2021-12-27
status:	Unpublished
citation:
Document Size:	148288

682 KIMBA MEDICAL SUPPLY v. ALLSTATE INSURANCE COMPANY OF NJ -- rank: 841

... the New Jersey Alternative Procedure for Dispute Resolution Act ("APDRA"), N.J.S.A. 2A:23A-1 to -19, and associated PIP regulations cross ... We conclude that Sections 13 and 14 of the APDRA, N.J.S.A. 2A:23A-13 and -14, must be sensibly construed to ... to the insured in that particular case. I. Pursuant to N.J.S.A. 39:6A-5.1(a) ("the PIP statute"), "[d]isputes ... such PIP disputes, where the parties have elected that procedure. N.J.S.A. 39:6A-5.1(b). The organization that presently serves ... and regulations for the conduct of such PIP arbitration proceedings. N.J.S.A. 39:6A-5.1(b). The Commissioner has duly adopted ... the findings and conclusions on which the decision is based[.]" N.J.S.A. 39:6A-5.1(c) (emphasis added); see also ...

docket:	a1443-11
court:	NJ Superior Court Appellate Division
decided:	2013-07-05
status:	published
citation:
Document Size:	93684

683 NICHOLAS SAFFOS VS. AVAYA INC., ET AL. -- rank: 841

... did not contravene New Jersey's Punitive Damages Act (PDA), N.J.S.A. 2A:15-5.9 to -5.17, because the Leg ... for violation of the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49, from the PDA cap. Further ... the motion." Dolson , supra , 55 N.J. at 5-6. N.J.S.A. 10:5-12(a) bans discrimination based on age: It ... in a LAD action is governed initially by that act. N.J.S.A. 10:5-3. However, punitive damages in a LAD case ... compensatory damages, they are subject to its general procedural requirements. N.J.S.A. 2A:15-5.14(c); Baker , supra , 161 N.J ... the conduct or any concealment of it by the defendant. [ N.J.S.A. 2A:15-5.12(b).] When a punitive-damage ...

docket:	A3189-08
court:	NJ Superior Court Appellate Division
decided:	2011-03-08
status:	published
citation:	419 N.J. Super. 244 16 A.3d 1076
Document Size:	123574

684 State v. William Burkert -- rank: 841

... tests the limits to which a broadly worded harassment statute, N.J.S.A. 2C:33-4(c), can criminalize speech. William Burkert and ... harassing Halton on January 8 and 11 in violation of N.J.S.A. 2C:33-4(c). The court found that Burkert made ... certification. 227 N.J. 377 (2016). HELD: To ensure that N.J.S.A. 2C:33-4(c) does not exceed its constitutional reach ... with that person’s reasonable expectation of privacy. 1 1. N.J.S.A. 2C:33-4 distinguishes between “communications” and “language� ... Legislature had in mind offensive speech as the object of N.J.S.A. 2C:33-4(c). That the primary thrust of N.J.S.A. 2C:33-4(c) is not to interdict speech, ...

docket:	a_6_16
court:	NJ Supreme Court
decided:	2017-12-19
status:
citation:
Document Size:	93545

685 /usr/local/share/www/libweb/collections/courts/appellate/a2811-19.opn.html -- rank: 841

... Poole appeals his convictions and sentence for first-degree murder, N.J.S.A. 2C:11-3(a)(1)(2), second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b), and second-degree possession of a weapon for an unlawful purpose, N.J.S.A 2C:39-4(a), arguing:1 I. THE LEAD DETECTIVE ... a life sentence subject to the No Early Release Act, N.J.S.A. 2C:43-7.2, for his A-2811-19 16 ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	68058

686 DIVISION OF YOUTH AND FAMILY SERVICES v. G.S. and N.K.C -- rank: 841

... failed to establish the four-pronged test set forth in N.J.S.A. 30:4C-15.1 by clear and convincing evidence. In ... 161 N.J. 337, 347 (1999). That standard, codified at N.J.S.A. 30:4C-15.1(a), states that parental rights may ... or will continue to be endangered by the parental relationship." N.J.S.A. 30:4C-15.1(a)(1). [T]he trial court ... the third prong by clear and convincing evidence. Pursuant to N.J.S.A. 30:4C-15.1(c), reasonable efforts include, but are ... the court has considered alternatives to termination of parental rights." N.J.S.A. 30:4C-15.1(a)(3). Here, the judge concluded ... of parental rights will not do more harm than good." N.J.S.A. 30:4C-15.1(a)(4). The Supreme Court ...

docket:	a5960-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-30
status:	unpublished
citation:
Document Size:	75446

687 IN THE MATTER OF HOSPITALS' PETITIONS FOR ADJUSTMENT OF RATES FOR REIMBURSEMENT OF INPATIENT SERVICES TO MEDICAID BENEFICIARIES -- rank: 841

... of the rulemaking requirements of the Administrative Procedure Act (APA), N.J.S.A. 52:14B-1 to -15, by (1) recognizing as "Medicaid ... Services. 42 U.S.C.A. § 1396a(a)(5); N.J.S.A. 30:4D-4, -5. The New Jersey Medical Assistance and Health Services Act, N.J.S.A. 30:4D-1 to -19.2, and associated regulations, N ... U.S.C.A. §§ 1396, 1396a(a)(13); N.J.S.A. 30:4D-7a. The methodology can be found in Attachment ... Medicaid expenditures. 42 C.F.R. 433 .51(b). See N.J.S.A. 26:2H-18.52 and -18.59; N.J.A.C. 10:52-13.4. See N.J.S.A. 26:2H-18.52, -18.61. See N.J. ...

docket:	A1167-03
court:	NJ Superior Court Appellate Division
decided:	2006-02-17
status:	published
citation:
Document Size:	133046

688 THOMAS TRANTINO VS NEW JERSEY STATE PAROLE BOARD -- rank: 841

... which the death penalty for first degree murder was imposed, N.J.S.A. 2A:113-4 (now repealed), Trantino's death penalty was ... at 352, because a person sentenced to life imprisonment under N.J.S.A. 2A:113-4 was eligible for parole after twenty-five years less commutation time and work credits. N.J.S.A. 30:4-123.11 (repealed). ����This appeal deals principally with ... light of the adoption of the Parole Act of 1979, N.J.S.A. 30:4-123.45 et seq. , L. 1979, c. 441 ... which provides that inmates sentenced to life imprisonment pursuant to N.J.S.A. 2A:113-4 were not to be eligible for parole ... was to be computed pursuant to the 1948 Parole Act, N.J.S.A. 30:4-123.1 et seq. (repealed), which was ...

docket:	a4790-94
court:	njappellate
decided:	1997-01-15
status:	published
citation:	296 N.J.Super. 437
Document Size:	128565

689 DUNBAR HOMES, INC v. THE ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF FRANKLIN -- rank: 841

... J.A.D. The "time of application rule" embodied in N.J.S.A. 40:55D-10.5 provides that regulations in effect "on ... amendment is consistent with the Municipal Land Use Law (MLUL)," N.J.S.A. 40:55D-1 to -163. Manalapan Realty, L.P. v ... 378-79 (1995). The stated purpose for the enactment of N.J.S.A. 40:55D-10.5 was to protect landowners and developers ... although the submission need not be "deemed complete" pursuant to N.J.S.A. 40:55D-10.3, the plain language of relevant provisions ... for approval" for the time of application rule to apply. N.J.S.A. 40:55D-3. Dunbar owns an existing garden apartment complex ... was required to seek a conditional use variance pursuant to N.J.S.A. 40:55D-70(d)(3) because the size of ...

docket:	a3637-14
court:	NJ Superior Court Appellate Division
decided:	2017-02-14
status:	published
citation:	448 N.J.Super. 583 154 A.3d 710
Document Size:	71910

690 NEW JERSEY ASSOCIATION OF SCHOOL BUSINESS OFFICIALS v. LUCILLE E. DAVY -- rank: 841

... employees." PEBR , supra , at 143-45. The reference is to N.J.S.A. 11A:6-2, which permits state employees to accrue no ... year's vacation leave absent gubernatorial declaration of emergency, and N.J.S.A. 11A:6-16 and N.J.S.A. 11A:6-19, which authorize payment for unused sick leave ... annual submission and make the forms available to the public. N.J.S.A. 18A:22-8. With respect to contractual benefits awarded by ... be "conferred after or upon separation from the school district." N.J.S.A. 18A:17-14.4 ( L. 2007, c. 53, � 8). The ... one of those officers] the commissioner shall recommend such revocation." N.J.S.A. 18A:6-38.2 ( L. 2007, c. 53, � 11). ...

docket:	a6074-07
court:	superior court appellate division
decided:	2009-09-02
status:	Published
citation:	409 N.J. Super. 467 978 A.2d 295
Document Size:	100336