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871 IN THE MATTER OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION WATERFRONT DEVELOPMENT PERMIT, FLOOD HAZARD AREA INDIVIDUAL PERMIT AND FLOOD HAZARD AREA VERIFICATION, 1500-16-0004.1 WFD16001, 1508-18-0002.1 FHA18001, and 1508-18-0002.1 FHA180002 IN TH -- rank: 841

... assert that the DEP improperly issued a 'General Permit' under N.J.S.A. 13:9B-23 of the Freshwater Protection Act, N.J.S.A. 13:9B-1 to -30 ('FWPA') for the CDF project ... issuing what is commonly known as an 'Individual Permit' under N.J.S.A. 13:9B-9 of FWPA. For this and other reasons ... a permit under the Coastal Area Facility Review Act ('CAFRA'), N.J.S.A. 13:19-1 to -21. In particular, the objectors contend ... 354 N.J. Super. 293, 310 (App. Div. 2002) (citing N.J.S.A. 13:19-5, -5.2, and -5.3). The DEP ... and all site preparation therefor . . . and shall include . . . public development.' N.J.S.A. 13:19-3. One exemption from having to comply ...

docket:	a5525-17
court:	NJ Superior Court Appellate Division
decided:	2021-11-24
status:	Unpublished
citation:
Document Size:	117435

872 D&M ASBURY REALTY, LLC, et al. v. CITY OF ASBURY PARK -- rank: 841

... satisfy applicable requirements under the Coastal Area Facility Review Act, N.J.S.A. 13:19-1 to -33, and the Residential Site Improvement ... to delegate such power. The Eminent Domain Act of 1971, N.J.S.A. 20:3-1 to -50, prescribes the manner and circumstances ... read in conjunction with the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 to -49 (the Redevelopment Law). Areas in ... were previously deemed "blighted areas" under the Blighted Area Act, N.J.S.A. 40:55-21.1, repealed by L. 1992, c. 79 ... n.2 (App. Div. 2005), are subject to condemnation. See N.J.S.A. 40A:12A-5. N.J.S.A. 40A:12A-6. The planning board must hold a ...

docket:	A3240-03
court:	NJ Superior Court Appellate Division
decided:	2006-01-24
status:	unpublished
citation:
Document Size:	175546

873 STATE OF NEW JERSEY v. NATHAN N. SHAW -- rank: 841

... of third-degree possession of CDS with intent to distribute, N.J.S.A. 2C:35-5(b)(3), in exchange for dismissal of ... guilty to one count of first-degree possession of CDS, N.J.S.A. 2C:35-5(b)(1), under Indictment No. 12-03 ... intent distribute within five hundred feet of certain public property, N.J.S.A. 2C:35-7.1, under Indictment No. 12-08-1442 ... 12-03-0469 with third-degree possession of CDS (heroin), N.J.S.A. 2C:35-10(a)(1) (count one); two counts of third-degree possession of CDS (cocaine), N.J.S.A. 2C:35-10(a)(1) (count two and three); first-degree possession of CDS (cocaine) with intent to distribute, N.J.S.A. 2C:35-5(b)(1) (count four); third-degree ...

docket:	a2711-13
court:	NJ Superior Court Appellate Division
decided:	2016-08-25
status:	unpublished
citation:
Document Size:	88285

874 STATE OF NEW JERSEY v. MAX YVES MERLAIN -- rank: 841

... k/a Max Merlain, guilty of serious bodily injury murder, N.J.S.A. 2C:11-3a(1), and endangering the welfare of the ... from the common law, and it is codified in statute, N.J.S.A. 2A:84A-19, and rule, N.J.R.E. 503 ... N.J. 44 , 52 (1999), that also is codified at N.J.S.A. 2C:1-13(a), which provides that: "No person may ... standard. State v. Moffa , 42 N.J. 258 , 263 (1964). N.J.S.A. 2C:11-3a(1) and (2) provide that criminal homicide ... purposely or knowingly "causes . . . serious bodily injury resulting in death." N.J.S.A. 2C:2-2b(1) defines "purposely" as follows: A person ... such circumstances or he believes or hopes that they exist. N.J.S.A. 2C:2-2b(2) defines "knowingly" as follows: A ...

docket:	a2294-08
court:	NJ Superior Court Appellate Division
decided:	2012-03-26
status:	unpublished
citation:
Document Size:	121856

875 /usr/local/share/www/libweb/collections/courts/appellate/a0109-12.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 ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	66781

876 STATE OF NEW JERSEY v. JASON TOLEDO -- rank: 841

... ineligibility set forth in the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, and a five-year period of ... aggravating factors one (the nature and circumstances of the offense), N.J.S.A. 2C:44-1a(1); three (the risk that the defendant will commit another offense), N.J.S.A. 2C:44-1a(3); and nine, (the need to deter defendant and others from violating the law), N.J.S.A. 2C:44-1a(9). Also, the judge applied mitigating factor seven (defendant had no prior criminal record), N.J.S.A. 2C:44-1b(7). Concluding the aggravating factors outweighed the ... factor eleven (incarceration would create hardship for defendant's dependents), N.J.S.A. 2C:44-1b(11). Although Toledo resided with his ...

docket:	a5716-08
court:	NJ Superior Court Appellate Division
decided:	2012-04-10
status:	unpublished
citation:
Document Size:	86955

877 IN THE MATTER OF CURIO HOLDINGS NJ, LLC'S APPLICATION FOR A PERMIT TO OPERATE A VERTICALLY INTEGRATED ALTERNATIVE TREATMENT CENTER IN THE CENTRAL REGION OF NEW JERSEY -- rank: 841

... business to represent itself as a 'women's business.' See N.J.S.A. 34:1B-227; N.J.S.A. 52:27H-21.19 and -21.20; see also N ... of the stock is owned by one or more women. [N.J.S.A. 52:27H-21.18(i).] See also N.J.A ... merely 'fronts' for businesses controlled by persons other than . . . women.' N.J.S.A. 52:27H-21.20(d). Furthermore, businesses that have been ... the criteria for certification and control by the appropriate persons.' N.J.S.A. 52:27H-21.20(e). A-0947-21 5 In ... the Jake Honig Compassionate Use Medical Cannabis Act (the Act), N.J.S.A. 24:6I-1 to -30. See In re Application ...

docket:	a0947-21
court:	NJ Superior Court Appellate Division
decided:	2023-08-30
status:	Unpublished
citation:
Document Size:	61601

878 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. L.M.A. and T.P. -- rank: 841

... prongs that compose the best interests of the child test, N.J.S.A. 30:4C-15.1(a); New Jersey Division of Youth ... Lillian pled guilty to endangering the welfare of a minor, N.J.S.A. 2C:24-4, with respect to that incident. Todd was ... of all five children. She pled guilty to aggravated assault, N.J.S.A. 2C:12-1(b), with respect to that incident involving ... mother's care pursuant to a notice of emergency removal, N.J.S.A. 9:6-8.29 and 9:6-8.30. A ... October 23, 2007, seeking a waiver of reasonable efforts under N.J.S.A. 30:4C-11.3(c). The Division contact sheets for ... court's holding in A.W. , codifying the standard at N.J.S.A. 30:4C-15.1(a). See L. 1991, c. ...

docket:	a4987-07
court:	New Jersey Superior Court Appellate Division
decided:	2010-06-28
status:	Published
citation:
Document Size:	230008

879 IN THE MATTER PROTEST OF COASTAL PERMIT PROGRAM RULES -- rank: 841

... Plan, DEP, and Designated Boundaries .21 II.    Discussion ...............................................30     A.     N.J.S.A. 13:19-1 to -21.     Appellants challenge a new permit ... J.A.C. 7:7-1.4(b) CONFLICTS WITH N.J.S.A. 13:19-10 BECAUSE IT ALLOWS DEP TO AVOID MAKING ... WERE ADOPTED IN VIOLATION OF THE ADMINISTRATIVE PROCEDURE ACT (APA), N.J.S.A. 52:14B-1 to -15 (raised by Builders, Realtors and ... obviate the necessity of DEP making the findings required by N.J.S.A. 13:19-10 before issuing a permit. DEP is ordered ... aesthetic and recreational interests of all people of the State." N.J.S.A. 13:19-2 (West Supp. 2002).     The jurisdictional expansion was ... that meets the initial construction and development thresholds articulated in N.J.S.A. 13:19-4 as generally extending along the State' ...

docket:	a3498-99
court:	njappellate
decided:	2002-05-31
status:	published
citation:	354 N.J. Super. 293
Document Size:	162888

880 STATE OF NEW JERSEY v. JAMES J. MAUTI -- rank: 841

... defendant James J. Mauti with first degree aggravated sexual assault, N.J.S.A. 2C:14-2a(7); second degree sexual assault, N.J.S.A. 2C:14-2c(1); third degree aggravated criminal sexual contact, N.J.S.A. 2C:14-3a; and fourth degree criminal sexual contact, N.J.S.A. 2C:14-3b. At all times relevant to this case ... defendant to register as a convicted sex offender pursuant to N.J.S.A. 2C:7-2. The trial judge also denied defendant's ...

docket:	a3551-12
court:	NJ Superior Court Appellate Division
decided:	2017-01-26
status:	published
citation:	448 N.J.Super. 275 153 A.3d 256
Document Size:	174371

881 Alcatel-Lucent USA, Inc. v. Township of Berkeley Heights -- rank: 841

... to a request for income and expense information pursuant to N.J.S.A. 54:4-34. For the reasons explained more fully below ... June 1, 2013 request for income and expense information under N.J.S.A. 54:4-34. Findings of Fact and Procedural History The ... the 2 013 Chapter 91 Request was a reproduction of N.J.S.A. 54:4-34, a form captioned “Annual Statement of ... 3701, Lot 1. . . from the ‘Property Owner’ pursuant to N.J.S.A. 54:4-34. . . . the Property was conveyed by quitclaim deed ... the 2 014 Chapter 91 Request was a reproduction of N.J.S.A. 54:4-34, a form captioned “Annual Statement of ... in response to the 2 013 Chapter 91 Request under N.J.S.A. 54:4-34. More specifically, defendant asserts that “[ ...

docket:	007688-20
court:	NJ Tax Court
decided:	2016-09-08
status:	unpublished
citation:
Document Size:	137167

882 STATE OF NEW JERSEY v. JAMES WOETZEL -- rank: 841

... was charged with first-degree vehicular homicide in violation of N.J.S.A. 2C:11-5(b)(3) (count one), for causing the ... operating his vehicle recklessly, but not intoxicated, in violation of N.J.S.A. 2C:11-5A (count two); second-degree leaving the scene ... a motor vehicle accident resulting in death in violation of N.J.S.A. 2C:11-5.1 (count three); and first-degree aggravated manslaughter in violation of N.J.S.A. 2C:11- 4(a) (count four). The evidence presented at ... years imprisonment, subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant also received a A-4034 ... blood and DFE is not a CDS as defined in N.J.S.A. 2C:35-2 and scheduled in N.J.S. ...

docket:	a4034-17
court:	NJ Superior Court Appellate Division
decided:	2020-04-28
status:	Unpublished
citation:
Document Size:	75313

883 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. N.S. and R.B. -- rank: 841

... LIHOTZ, J.A.D. In these consolidated Title Nine matters, N.J.S.A. 9:6-1 to -8.73, N.S. and R ... N. and J.B., placing the children in foster care. N.J.S.A. 9:6-8.29. The following day, the Division filed ... care, and supervision of K.A.N. and J.B. N.J.S.A. 30:4C-12; see also Division of Youth & Family Servs ... statutory obligation to make reasonable efforts to reunite the family. N.J.S.A. 30:4C-11.3(b). The court found aggravating circumstances ... Servs. , 157 N.J. 161 , 181-82 (1999). We note N.J.S.A. 9:6-8.21(a) defines the terms parent or ... whom there is a legal duty for such care." Also, N.J.S.A. 9:6-2 provides that a "'person having the ...

docket:	a1338-06
court:	New Jersey Superior Court Appellate Division
decided:	2010-04-14
status:	Published
citation:	412 N.J.Super. 593 992 A.2d 20
Document Size:	120279

884 STATE OF NEW JERSEY v. CANDIDO MAYAS -- rank: 841

... three counts of third-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b); one count of fourth-degree possession of a prohibited device (hollow point bullets), N.J.S.A. 2C:39-3(f); and two counts of third-degree receiving stolen property, N.J.S.A. 2C:20-7(a). In addition, Angel and Candido were ... one count of fourth-degree obstructing the administration of law, N.J.S.A. 2C:29-1(a), and Candido and Manuel were each ... second-degree possession of a weapon by a convicted person, N.J.S.A. 2C:39-7(b). 2 Daniel entered a guilty plea ... impose an extended term sentence based on persistent offender status, N.J.S.A. 2C:44-3(a). The trial judge found three ...

docket:	a2227-07
court:	NJ Superior Court Appellate Division
decided:	2011-07-29
status:	unpublished
citation:
Document Size:	76421

885 ELMER BRANCH v. CREAM-O-LAND DAIRY -- rank: 841

... violation of the New Jersey Wage and Hour Law ('WHL'), N.J.S.A. 34:11-56a to -56a38. The trial court determined that ... defendant was entitled to the WHL's good-faith defense, N.J.S.A. 34:11-56a25.2, based on its reliance on three ... policy' and are insufficient to invoke the good-faith defense. N.J.S.A. 34:11-56a25.2. Accordingly, we reverse the trial court ... forty hours per week in violation of the WHL. See N.J.S.A. 34:11-56a4(b)(1). Defendant answered the complaint, denying ... asserting, among other defenses, the statutory good-faith defense. See N.J.S.A. 34:11-56a25.2. After the parties exchanged some written ... half times the state minimum wage for overtime hours. See N.J.S.A. 34:11-56a4(f). The report concluded that COL ...

docket:	a1313-17
court:	NJ Superior Court Appellate Division
decided:	2019-06-19
status:	Published
citation:	459 N.J.Super. 529 212 A.3d 947
Document Size:	60201