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691 HEICO CORPORATION v. Director, Division of Taxation -- rank: 841

... to July 2, 2001) to appeal to the Tax Court. N.J.S.A. 54:49-18(a) and N.J.S.A. 54:51A-14(a). The Tax Court acknowledged receipt of ... action of the Director. The original legislation set forth at N.J.S.A. 2A:3A-4.1 (Repealed by L. 1993, c. 74 ... reviewed, pursuant to rules of court ; . . . . (Emphasis added.) Pursuant to N.J.S.A. 2A:3A-4.1(b)(2), the ninety day jurisdictional ... Director was calculated ( pursuant to rules of court as per N.J.S.A. 2A:3A-4.1(b)(2)) from the date of ... 1983 amendments to the State Uniform Tax Procedure Law 11 ( N.J.S.A. 54:48-1 et seq. , hereinafter the “SUTPL”), ...

docket:	02638-01
court:
decided:	2002-04-24
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citation:	20 N.J. Tax 106
Document Size:	164681

692 /usr/local/share/www/libweb/collections/courts/tax/10921-13.opn.html -- rank: 841

... assessments against the partnerships (with consequent interest and penalties) under N.J.S.A. 54:10A-15.7; 54:10A-15.11, which requires ... This represented Preserve’s liability for New Jersey CBT under N.J.S.A. 54:10A-15.11 based on 99% of partnership income ... This represented Preserve’s liability for New Jersey CBT under N.J.S.A. 54:10A-15.11 based on 99% of partnership income ... the partnership’s debts in contrast to a general partner. N.J.S.A. 42:2A-27(a). By virtue of such limitation, a ... member of a partnership” is taxed at an individual level. N.J.S.A. 54A:5-4. A nonresident individual partner is taxed only ... services rendered or other business activities conducted” in New Jersey. N.J.S.A. 54A:5-8(a)(3). 7 It is patently ...

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court:	NJ Superior Court Law/Chancery Division
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693 STATE OF NEW JERSEY v. IVONNE SAAVEDRA -- rank: 841

... County grand jury charging her with second-degree official misconduct, N.J.S.A. 2C:30-2a, and third-degree theft of movable property (public documents), N.J.S.A. 2C:20-3 and N.J.S.A. 2C:20-2b(2)(g). Because defendant attacks the facial ... violation of the New Jersey Law Against Discrimination (the "LAD"), N.J.S.A. 10:5-1 to -49, and they sought punitive damages ... establish a prima facie case of theft of movable property. N.J.S.A. 2C:20-3a provides that "[a] person is guilty of ... thereof." Here, theft is a third-degree offense pursuant to N.J.S.A. 2C:20-2b(2)(g). At this stage in ...

docket:	a1449-12
court:	NJ Superior Court Appellate Division
decided:	2013-12-24
status:	published
citation:	433 N.J.Super. 501 81 A.3d 693
Document Size:	102300

694 STATE OF NEW JERSEY v. PEDRO C. ANICAMA -- rank: 841

... his third or subsequent conviction for driving while intoxicated (DWI), N.J.S.A. 39:4-50(a)(3). The Municipal Court allowed him ... the Municipal Court to a third or subsequent DWI violation, N.J.S.A. 39:4- 50(a)(3); disorderly-persons possession of drug paraphernalia, N.J.S.A. 2C:36-2; leaving the scene of an accident, N.J.S.A. 39:4- 129(d); and careless driving, N.J.S.A. 39:4-97. Pursuant to the plea agreement, the other ... found it had authority to allow such periodic service under N.J.S.A. 2B:12-22. The judge ordered 3 A-0452- ...

docket:	a0452-16
court:	New Jersey Superior Court Appellate Division
decided:	2018-07-13
status:	Published
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Document Size:	59377

695 Donald Nuckel v. Borough of Little Ferry -- rank: 841

... on an adjacent lot, is required to obtain variances under N.J.S.A. 40:55D-70(d)(1) and (2) of the Municipal ... court determined that variances were necessary for Lot 11 under N.J.S.A. 40:55D-70(d)(1) because the proposed driveway constituted a new principal use and N.J.S.A. 40:55D-70(d)(2) because the proposed driveway would ... read the transcripts of the prior proceedings as required by N.J.S.A. 40:55D-10.2. The panel also determined that variances ... N.J. 438 (2010). HELD : A (d)(1) variance under N.J.S.A. 40:55D-70 is required because the proposed driveway constitutes ... determines that the intensification of the nonconformity is insubstantial. 1. N.J.S.A. 40:55D-70(d) provides, in relevant part, that ...

docket:	A-3-10
court:	NJ Supreme Court
decided:	2011-06-16
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citation:
Document Size:	87148

696 IN RE SIX MONTH EXTENSION OF N.J.A.C. 5:91-1 ET SEQ. -- rank: 841

... 1 and the provisions of the Fair Housing Act (FHA), N.J.S.A. 52:27D-301 to -329, adopted initially in 1985. These ... principles of administrative fairness underlying the Administrative Procedure Act ("APA"), N.J.S.A. 52:14B-1 to �15, and the FHA. One appellant ... to provide an administrative mechanism for implementing the FHA, see N.J.S.A. 52:27D-305, with its underlying policy, in recognition of ... footnote 3 as a method of achieving fair share housing. [ N.J.S.A. 52:27D-303.] The constitutionality of the FHA was upheld ... s "comprehensive planning and implementation response to [the] constitutional obligation," N.J.S.A. 52:27D-302c, is to be effected by COAH. See N.J.S.A. 52:27D-305. Among the agency's express responsibilities ...

docket:	A3778-02
court:	NJ Superior Court Appellate Division
decided:	2004-08-31
status:	published
citation:
Document Size:	106207

697 VERIZON NEW JERSEY, INC v. BOROUGH OF HOPEWELL -- rank: 841

... 2009 on its business personal property in the Borough under N.J.S.A. 54:4-1. In two published decisions, A-2909-18 ... to Chapter 4 of the Franchise and Gross Receipts Tax, N.J.S.A. 54:30A-16 to -29, repealed by L.1997, c ... or occupying public streets, highways, roads and other public places,' N.J.S.A. 54:30A-18. In 1945, when the Legislature passed the Corporation Business Tax Act, N.J.S.A. 54:10A-1 to -40, requiring domestic and foreign corporations ... State, county or local taxation' on intangible business personal property, N.J.S.A. 54:10A-2, it expressly exempted all corporations subject to the Franchise and Gross Receipts Tax's Chapter 4, N.J.S.A. 54:10A-3(a) (excluding from the CBT those ...

docket:	a2909-18
court:	NJ Superior Court Appellate Division
decided:	2023-06-14
status:	Unpublished
citation:
Document Size:	181864

698 /usr/local/share/www/libweb/collections/courts/appellate/a4744-11.opn.html -- rank: 841

... to the New Jersey Medical Assistance and Health Services Act, N.J.S.A. 30:4D-1 to -19.5. Eligibility for Medicaid in ... by regulations adopted in accordance with the authority granted by N.J.S.A. 30:4D-7 to the Commissioner of DHS (Commissioner). DMAHS ... is the agency within DHS that administers the Medicaid program. N.J.S.A. 30:4D—5 & -7; N.J.A.C. 10:49 ... to -12.10, which includes the Transitional Medicaid program (TMP), N.J.S.A. 30:4D-6c and N.J.A.C. 10:69 ... 5.13; and the Children's Health Insurance program (CHIP), N.J.S.A. 30:4J-8 to -19 and N.J.A.C ... She argues that the New Jersey Administrative Procedure Act (APA), N.J.S.A. 52:14B-1 to -30, prohibited DMAHS from implementing ...

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court:	NJ Superior Court Law/Chancery Division
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699 DIVISION OF CHILD PROTECTION AND PERMANENCY v. T.Y.F. -- rank: 841

... prove the four prongs of the best interests standard of N.J.S.A. 30:4C-15.1(a)(1)-(4) by clear and ... the safety protection plan. An emergency Dodd removal, pursuant to N.J.S.A. 9:6-8.29, was executed on November 1, 2013 ... the judge determined the Division proved all four prongs of N.J.S.A. 30:4C-15.1 by clear and convincing evidence and ... The Trial Court Incorrectly Applied the Legal Principles Developed Under N.J.S.A. 30:4C-15.1(a)(1) and N.J.S.A. 30:4C-15.1(a)(2) to the Facts. Insufficient ... Trial Court's Legal Conclusion that the Third Prong Of N.J.S.A. 30:4C-15.1(a)(3) was Satisfied at ...

docket:	a4727-15
court:	NJ Superior Court Appellate Division
decided:	2017-04-05
status:	unpublished
citation:
Document Size:	62636

700 STATE OF NEW JERSEY v. ANDREW W. PENA -- rank: 841

... assault of E.D., specifically first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(3) (count one); second-degree burglary, N.J.S.A. 2C:18-2(b) (count two); second-degree sexual assault, N.J.S.A. 2C:14-2(c)(1) (count three); fourth-degree criminal sexual contact, N.J.S.A. 2C:14-3(b) (count four); and third-degree criminal restraint, N.J.S.A. 2C:13-2(b) (count five). At defendant's first ... ineligibility as prescribed by the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant appealed, and in an ...

docket:	a2098-15
court:	NJ Superior Court Appellate Division
decided:	2018-04-24
status:	unpublished
citation:
Document Size:	144939

701 /usr/local/share/www/libweb/collections/courts/appellate/a1612-15.opn.html -- rank: 841

... a child for whom he had a duty to care, N.J.S.A. 2C:24-4(a), and three counts of first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(1), per year for seven years ... of first-degree videotaping sex acts between himself and Jenny, N.J.S.A. 2C:24-4(b)(3), and a count of second ... reproducing an image of Jenny in a prohibited sexual act, N.J.S.A. 2C:24- 4(b)(4). At a status conference for ... parole ineligibility pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, constituting a 119-year parole bar ... and August 31, 2011. Three counts alleged aggravated sexual assault, N.J.S.A. 2C:14-2(a)(1), differentiated by the type ...

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702 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:	a3514-11
court:	NJ Superior Court Appellate Division
decided:	2013-03-21
status:	published
citation:
Document Size:	116903

703 STATE OF NEW JERSEY v. BRIAN D. AITKEN -- rank: 841

... second-degree unlawful possession of a weapon, in violation of N.J.S.A. 2C:39-5(b) (count one), fourth-degree possession of a large capacity ammunition magazine, in violation of N.J.S.A. 2C:39-3(j) (count two), and fourth-degree possession of prohibited ammunition (hollow nose bullets), in violation of N.J.S.A. 2C:39-3(f)(1) (count three). We reverse the ... sentencing. The sentencing judge found that aggravating factor nine applied, N.J.S.A. 2C:44-1(a)(9) (need to deter defendant specifically ... generally), but that it was offset by mitigating factors seven, N.J.S.A. 2C:44-1(b)(7) (no history of prior delinquency or criminal activity), eight, N.J.S.A. 2C:44-1(b)(8) (defendant's conduct was ...

docket:	a0467-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-30
status:	unpublished
citation:
Document Size:	91619

704 /usr/local/share/www/libweb/collections/courts/appellate/a5077-15a5078-15a5146-15a5147-15a5160-15.opn.html -- rank: 841

... operating a motor vehicle during a period of license suspension. N.J.S.A. 2C:40-26. The statute prescribes a sentence of a ... minimum' term of at least 180 days without parole eligibility. N.J.S.A. 2C:40- 26(c). We must decide whether the trial ... authority by ordering that defendants serve such sentences intermittently, under N.J.S.A. 2C:43-2(b)(7). The State contends the intermittent ... matters for resentencing. I. Four defendants pleaded guilty to violating N.J.S.A. 2C:40- 26(b). Appearing before the same judge, they ... or subsequent conviction of driving while under the influence (DUI), N.J.S.A. 39:4-50. A fifth defendant pleaded guilty to violating N.J.S.A. 2C:40-26(a). She admitted driving a motor ...

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court:	NJ Superior Court Law/Chancery Division
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Document Size:	64436

705 EQUIPMENT LEASING & FINANCE ASSOCIATION v. DIRECTOR, DIVISION OF TAXATION -- rank: 841

... 18:7-3.17, a regulation interpreting the provisions of N.J.S.A. 54:10A-5a, a provision of the Business Tax Reform ... c. 40. This Act amended * the Corporation Business Tax Act, N.J.S.A. 54:10A-1 to -41, in various respects. In N.J.S.A. 54:10A-5a the Legislature imposed an alternative minimum assessment ... on a corporate taxpayer’s “entire net income.” N.J.S.A. 54:10A-5. The AMA, however, is based on either ... gross profits or gross receipts, as elected by the taxpayer. N.J.S.A. 54:10A-5a(c). Calculation of the AMA involves multiplying ... periods beginning between January 1, 2002 and June 30, 2006, N.J.S.A. 54:10A-5a(b) and (e), a corporate taxpayer ...

docket:	10823-07
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decided:	2009-03-06
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Document Size:	70889