Search Rutgers Law Library N.J. Court Opinions

751 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. K.F and K.S.H -- rank: 841

... under the Dodd Act, which, as amended, is found at N.J.S.A. 9:6-8.21 to -8.82. A-2488-20 ... its burden of proving each of the [four prongs] of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence ... four prongs of the best interests of the child test, N.J.S.A. 30:4C-15.1(a); accords with our prior holdings ... or will continue to be endangered by the parental relationship.' N.J.S.A. 30:4C-15.1(a)(1). '[T]he relevant inquiry ... the delay of permanent placement will add to the harm.' N.J.S.A. 30:4C- 15.1(a)(2). The harm may include ... psychological harm.' M.M., 189 N.J. at 280 (quoting N.J.S.A. 30:4C- 15.1(a)(2)).6 6 We ...

docket:	a2488-20
court:	NJ Superior Court Appellate Division
decided:	2022-03-17
status:	Unpublished
citation:
Document Size:	73380

752 /usr/local/share/www/libweb/collections/courts/appellate/a1137-17.opn.html -- rank: 841

... PARAGRAPHS 8, 9, 10, AND 11]. A. COUNT 2 – N.J.S.[A.] 2C:28-5(a)(5) – TAMPERING WITH WITNESSES AND INFORMANTS; RETALIATION AGAINST THEM. B. COUNT 4 – N.J.S.[A.] 2C:28-5(a) – TAMPERING WITH WITNESSES AND INFORMANTS; RETALIATION AGAINST THEM. N.J.S.[A.] 2C:2-4 – EVIDENCE OF MENTAL DISEASE OR DEFECT ... PARAGRAPHS 8, 9, 10, AND 11]. A. COUNT 1 – N.J.S.[A.] 2C:12-l(b)(l) – AGGRAVATED ASSAULT. B. COUNT 2 – N.J.S.[A.] 2C:28-5(a)(5) – TAMPERING WITH WITNESSES AND ... AND XIV; N.J. CONSTITUTION, ARTICLE I, PARAGRAPH 10]. A. N.J.S.[A.] 2C:2-3(b) – CAUSATION. B. N.J. ...

docket:
court:
decided:
status:
citation:
Document Size:	97250

753 ADAM M. FINKEL v. TOWNSHIP COMMITTEE OF THE TOWNSHIP OF HOPEWELL -- rank: 841

... clerk within 81 days before an election as required by N.J.S.A. 19:37-1, but has submitted the proposal within the 65-day deadline separately set forth in N.J.S.A. 19:37-2. As part of our analysis, we also ... body's non-compliance with the 81-day deadline in N.J.S.A. 19:37-1 conflicts with the local citizens' interests, as protected by N.J.S.A. 19:37-1.1, in having sufficient time to react ... s ballot submission must meet the separate deadlines of both N.J.S.A. 19:37-1 and N.J.S.A. 19:37-2. Because the 81-day deadline of ...

docket:	a0908-13
court:	NJ Superior Court Appellate Division
decided:	2013-12-30
status:	published
citation:	434 N.J.Super. 303 84 A.3d 263
Document Size:	67372

754 STATE OF NEW JERSEY v. SHANE TIMMONS, -- rank: 841

... defendants with: • second-degree conspiracy to commit aggravated assault, N.J.S.A. 2C:12-1(b)(2) and N.J.S.A. 2C:5-2(a) (Dana, Joseph, and Timmons) (count one); • first-degree murder, N.J.S.A. 2C:11-3(a) and N.J.S.A. 2C:2-6(a) (Dana, Joseph and Timmons) (count two ... an injured victim, in A-2567-17T4 18 violation of N.J.S.A. 2C:12-1.2(a) (Dana and Timmons) (count three); • second-degree hindering, N.J.S.A. 2C:29-3(a)(5) (Joseph and Timmons) (count ...

docket:	a2567-17
court:	NJ Superior Court Appellate Division
decided:	2020-01-07
status:	Unpublished
citation:
Document Size:	169163

755 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:	A1931-02
court:	NJ Superior Court Appellate Division
decided:	2004-08-31
status:	published
citation:
Document Size:	106207

756 /usr/local/share/www/libweb/collections/courts/appellate/a4226-14.opn.html -- rank: 841

... in police vehicles under the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, and the common law. Plaintiff ... records, which were neither exempt as a "criminal investigatory record," N.J.S.A. 47:1A-1.1, nor excepted as part of an "investigation in progress," N.J.S.A. 47:1A-3(a). He also held that the driver ... driver. Following her arrest, the driver was charged with eluding, N.J.S.A. 2C:29-2(b), resisting arrest, N.J.S.A. 2C:29-2(a), and various motor vehicle offenses. The ... was charged in April 2014 with second-degree official misconduct, N.J.S.A. 2C:30-2, third-degree aggravated assault, N.J. ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:	446 N.J.Super. 163 141 A.3d 300
Document Size:	113549

757 IN RE CAFRA PERMIT NO 1512-08-0020.1CAF080001 -- rank: 841

... Protection (DEP), issued a Coastal Area Facility Review Act (CAFRA), N.J.S.A. 13:19-1 to -21, permit to respondent Township of ... three of the criteria set forth in CAFRA Section 10, N.J.S.A. 13:19-10 – specifically, subsections (e), (f), and (g ... DEP found the proposal satisfied the criteria set forth in N.J.S.A. 13:19-10. Lacey appealed the denial of the permit ... to support its conclusion that the proposed project complied with N.J.S.A. 13:19-10(e) and (f). 4 They argue the ... discussion of the facts underlying its findings with respect to N.J.S.A. 13:19-10(e) and (f), and that appellants improperly ... When deciding whether to issue a CAFRA permit pursuant to N.J.S.A. 13:19-10, the DEP is required to consider ...

docket:	a1088-14
court:	NJ Superior Court Appellate Division
decided:	2017-03-29
status:	unpublished
citation:
Document Size:	104216

758 UNITED PROPERTY OWNERS ASSOCIATION OF BELMAR, NICHOLAS ZAMPETTI, LAURA GIFFORD et al. v. BOROUGH OF BELMAR, KENNETH PRINGLE, Mayor of the Borough of Belmar, JACK MANUTTI, PATRICIA PROVENZANO, ANDREW GALLAGHER and DOUG McGILL, Council Members of the Borou -- rank: 841

... such rental units that met the definition set forth in N.J.S.A. 40:52-1(n). See footnote 1 1 ����The legislative ... that the judge ignored is the Uniform Fire Safety Act, N.J.S.A. 52:27D-119 to - 140] be made to conform to ... more restrictive than this act and the regulations promulgated thereunder." N.J.S.A. 52:27D-202b. ����The UFC allows local governments to regulate ... 1 and -7.4b seek to prevent. See, e.g. , N.J.S.A. 2C:33-11 (defacing or damaging private property without the ... owner or tenant is a crime of the fourth degree); N.J.S.A. 2C:33-4 (harassment, which includes communicating "in offensively coarse ... Law Div. 1987) (voiding a curfew imposed on minors), with N.J.S.A. 40:48-2.52b, d (permitting municipalities to impose ...

docket:	A0040-00
court:	NJ Superior Court Appellate Division
decided:	2001-07-16
status:	published
citation:	343 N.J. Super. 1
Document Size:	170565

759 J.B. v. NEW JERSEY STATE PAROLE BOARD -- rank: 841

... PSL") or its statutory predecessor, community supervision for life ("CSL"). N.J.S.A. 2C:43-6.4. Represented by the same attorney, appellants ... one count of second-degree sexual assault upon his daughter, N.J.S.A. 2C:14-2b. He was sentenced to a four-year ... release registration and notification requirements pursuant to Megan's Law, N.J.S.A. 2C:7-1 to -6 and N.J.S.A. 2C:7-6 to -11. His sentence was amended to ... release, pursuant to the Violent Predator Incapacitation Act of 1994, N.J.S.A. 2C:43-6.4. B.M. was released from prison ... to one count of endangering the welfare of a child, N.J.S.A. 2C:24-4a, his stepson. He was sentenced to ...

docket:	a3256-11xx
court:	NJ Superior Court Appellate Division
decided:	2013-11-26
status:	unpublished
citation:
Document Size:	109194

760 /usr/local/share/www/libweb/collections/courts/tax/13502-16opn.opn.html -- rank: 841

... insurance companies. In February 2011, the New Jersey Legislature passed N.J.S.A. 17:47B-1 to -19, which allows for the formation ... admitted to do business in New Jersey is found at N.J.S.A. 17:47B-12, and is similar to the tax rate ... J) to its nonadmitted captive insurance company (Middlesex Assurance) under N.J.S.A. 17:22-6.64. 4 J&J’s brief labels ... authorizing the company to transact insurance in this state. See N.J.S.A. 17:17-1 to - 20. Out of state insurance companies ... be admitted by the DOBI Commissioner to do so. See N.J.S.A. 17:32-1 to -22. Nonadmitted insurers include foreign (out ... companies, and also domestic surplus lines insurers as defined by N.J.S.A. 17:22-6.69b. A captive insurance company can ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	88432

761 IMO Registrant R.H.: IMO Registrant T.L. -- rank: 841

... a correctional facility for any term of imprisonment imposed.” N.J.S.A. 2C:7-2(f) (emphasis added). Another is that the ... Based on the plain language the Legislature used in crafting N.J.S.A. 2C:7- 2(f), the requirement to remain offense-free ... adults and they can be “convicted” if found guilty. N.J.S.A. 2A:4A-26.1(f)(1). Less serious allegations are ... where a juvenile found culpable is “adjudicated delinquent.” N.J.S.A. 2A:4A-41. As a result, adults and some juveniles ... ” The two concepts are distinct. (pp. 13-14) 2. N.J.S.A. 2C:7-2(f) has several components. As a threshold ... “following conviction or release from a correctional facility.” N.J.S.A. 2C:7-2(f). That language encompasses adults as ...

docket:	a_20_21_23
court:	supreme
decided:	2024-06-28
status:	Published
citation:
Document Size:	53406

762 ROBERT FUHRMAN v. APPELLATE DIVISION HEATHER MAILANDER -- rank: 841

... we address whether the municipal clerk violated the Faulkner Act, N.J.S.A. 40:69A-184 to -192, by repeatedly refusing to certify ... thereby depriving the petitioners of a substantive right protected by N.J.S.A. 10:6-2(c) of the New Jersey Civil Rights Act (NJCRA), N.J.S.A. 10:6-1 to -2. Defendant Heather Mailander,1 in ... process and their statutory right of initiative in violation of N.J.S.A. 10:6-2(c) and awarded attorney's fees and costs to plaintiffs pursuant to N.J.S.A. 10:6-2(f). For the following reasons, we affirm ... record. Ridgewood is governed by the Optional Municipal Charter Law, N.J.S.A. 40:69A-1 to -210, commonly known as the ...

docket:	a0080-20
court:	NJ Superior Court Appellate Division
decided:	2020-03-09
status:	Published
citation:
Document Size:	67826

763 STATE OF NEW JERSEY v. YVONNE JEANNOTTE- RODRIGUEZ, -- rank: 841

... charging: Rodriguez with third-degree practicing medicine without a license, N.J.S.A. 2C:21-20 (count one); Dr. Ferraro with third-degree health care claims fraud, N.J.S.A. 2C:21-4.3 (count two); and Rodriguez, Dr. Ferraro ... with third-degree conspiracy to commit health care claims fraud, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:21-4.2 (count three). About a year later ... second-degree health care claims fraud by a non-practitioner, N.J.S.A. 2C:21-4.3 (count one); second-degree theft by deception, N.J.S.A. 2C:20-4(a), (b) (count two); and third- ...

docket:	a4361-19
court:	NJ Superior Court Appellate Division
decided:	2021-08-25
status:	Published
citation:
Document Size:	82134

764 STATE OF NEW JERSEY v. ROBERT HANDY -- rank: 841

... him with the purposeful or knowing murder of Arthur Cooper, N.J.S.A. 2C:11-3a(1) or (2) (count one); unlawful possession ... a knife under circumstances not manifestly appropriate for its use, N.J.S.A. 2C:39-5d (count two); and possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4d (count three). Defendant pled not guilty to ... Chung confirmed that she had considered the statutory requirements under N.J.S.A. 2C:4-4, and that defendant met all of the ... the custody of the Department of Human Services, pursuant to N.J.S.A. 2C:4-8b(3). 6 Defendant's commitment status was ... afflicted that he lacks the competency to stand trial. See N.J.S.A. 2C:4-4; State v. Purnell , 394 N.J. ...

docket:	a0401-09
court:	NJ Superior Court Appellate Division
decided:	2011-08-04
status:	published
citation:	421 N.J. Super. 559 25 A.3d 1140
Document Size:	160204

765 IN RE THE CONTEST DEMOCRATIC PRIMARY ELECTION OF JUNE 3, 2003 FOR THE OFFICE OF ASSEMBLY THIRTY-FIRST LEGISLATIVE DISTRICT et al. -- rank: 841

... respondents blatantly violated the Campaign Contributions and Expenditures Reporting Act, N.J.S.A. 19:44A-1 to -47 (Act). The appellants maintained that ... bi-partisan commission appointed by the Governor with staggered terms. N.J.S.A. 19:44A-6. It is allocated within the Department of ... the case under the authority of the election contest statute, N.J.S.A. 19:29-1 to -14. In August 2003 the judge held testimonial hearings in accordance with N.J.S.A. 19:29-5 to -8, and, after the appellants presented ... adjudication, R. 1:13-4, under its enforcement powers. See N.J.S.A. 19:44A-22. We affirm the award of costs for $2280 to respondents under N.J.S.A. 19:29-14 because this award related to the ...

docket:	A0534-03
court:	NJ Superior Court Appellate Division
decided:	2004-01-27
status:	published
citation:	367 N.J. Super. 261 842 A.2d 820
Document Size:	87410