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916 PELLA REALTY, LLC, : v. : PATERSON CITY, -- rank: 841
... seeking interim freeze protection for the 2018 tax year under N.J.S.A. 54:51A-8 (the “Freeze Act”). 1 At issue ... to adhere to the Real Property Assessment Demonstration Program, under N.J.S.A. 54:1- 101 to -106 (the “RPADP”). During the ... “revaluation,” the Director cross-referenced the Regulations with N.J.S.A. 54:3-22, which characterizes a program “in which ... and put into operation a district-wide revaluation program.” N.J.S.A. 54:3-22. Additionally, under the Regulations, the term ... property within the district has been put into effect.” N.J.S.A. 54:51A-8. However, he observed that when the Freeze ... probable legislative intent [was] that the term ‘revaluation’ in N.J.S.A. 54:51A-8 [the Freeze Act] encompasses the term ...
docket: 02345-17
court: NJ Tax Court
decided: 2020-02-27
status: Published
citation:
Document Size: 74151
917 DIVISION OF CHILD PROTECTION AND PERMANENCY v. T.U.B. -- rank: 841
... the special evidentiary provision for Title 9 cases codified at N.J.S.A. 9:6-8.46(a)(4), allowing the admission of ... sufficient to make a fact finding of abuse or neglect. [ N.J.S.A. 9:6-8.46(a)(4).] For the reasons that ... amendment to Title 30 to extend the hearsay exception in N.J.S.A. 9:6-8.46(a)(4) to future termination proceedings ... hearsay statements by children that it admitted, over objection, under N.J.S.A. 9:6-8.46(a)(4). The hearsay involved allegations ... prongs one, two, and four of the termination criteria under N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence ... Division countered that the girls' hearsay allegations were admissible under N.J.S.A. 9:6-8.46(a)(4), and that they ...
docket: a2565-15
court: NJ Superior Court Appellate Division
decided: 2017-05-22
status: published
citation: 450 N.J.Super. 210 161 A.3d 132
Document Size: 107852
918 Patricia Delvecchio v. Township of Bridgewater -- rank: 841
... a claim under the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 et seq . 2 On February 18 , 1999 ... pp. 16-17) 2. Plaintiff’s claims are premised on N.J.S.A. 10:5-4.1, which prohibits unlawful discrimination based on ... in her discrimination claim under the Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -42. Plaintiff Patricia A. Delvecchio was ... of this appeal. B. Plaintiff’s claims are premised on N.J.S.A. 10:5-4.1, which construes other provisions of LAD ... disease or condition recognized as a disability under the LAD. N.J.S.A. 10:5-4.1; N.J.S.A. 10:5-5(q); see Victor v. State , 203 ...
docket: A-25-14
court: NJ Supreme Court
decided: 2016-03-28
status:
citation: 224 N.J. 559 135 A.3d 954
Document Size: 91931
919 Harlan W. Waksal v. Director, Division of Taxation -- rank: 841
... a provision of the New Jersey Gross Income Tax Act, N.J.S.A. 54A:1-1 to 10-12 (the Act). U.S ... the sale, exchange or other disposition of property” pursuant to N.J.S.A. 54A:5-1c (section 5-1c), and used the loss ... 28 (2012). HELD: In accordance with the plain language of N.J.S.A. 54A:5-1c, the worthless nonbusiness debt at issue is ... a provision of the New Jersey Gross Income Tax Act, N.J.S.A. 54A:1-1 to 10-12 (the Act). This case ... Act expressly authorizing the deduction they sought, the Waksals invoked N.J.S.A. 54A:5-1c (section 5-1c). Section 5-1c taxes ... method of accounting allowed for federal income tax purposes.” N.J.S.A. 54A:5-1c. Relying upon Koch v. Director, Division ...
docket: A-103-11
court: NJ Supreme Court
decided: 2013-08-13
status:
citation: 215 N.J. 224 71 A.3d 878
Document Size: 72867
920 /usr/local/share/www/libweb/collections/courts/appellate/a1472-1473-1475-1483-05.opn.html -- rank: 841
Original Wordprocessor Version (NOTE: The status of this decision is Unpublished .) The status of this decision is Original Wordprocessor Version This case can also be found at *CITE_PENDING*. (NOTE: The status of this decision is .) NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY ...
docket:
court: NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size: 317330
921 STATE OF NEW JERSEY v. JOSE L. ORTIZ -- rank: 841
... from a judgment of conviction for third-degree terroristic threats, N.J.S.A. 2C:12-3(b), second-degree burglary, N.J.S.A. 2C:18-2(b)(1), and fourth-degree stalking, N.J.S.A. 2C:12-10(b), entered after a jury trial. We ... was charged in an indictment with third-degree terroristic threats, N.J.S.A. 2C:12-3(b) (count one); second-degree burglary, N.J.S.A. 2C:18-2(b)(1) (count two) 1 ; and fourth-degree stalking, N.J.S.A. 2C:12-10(b). The matter was tried before ...
docket: a1552-14
court: NJ Superior Court Appellate Division
decided: 2016-12-16
status: unpublished
citation:
Document Size: 54570
922 STATE OF NEW JERSEY v. GREGORY CLARK -- rank: 841
... 03 with two counts of third-degree possession of cocaine, N.J.S.A. 2C:35-7 (count five); and third-degree conspiracy to possess cocaine with the intent to distribute, N.J.S.A. 2C:5-2, 2C:35-5b (count six). Co-defendant ... s application for imposition of an extended term pursuant to N.J.S.A. 2C:44-3a. On the third-degree school-zone conviction ... defendant and the other occupants were being arrested for violating N.J.S.A. 39:4-49.1 and N.J.S.A. 2C:35-10. Id. at 197-205. Likewise, here, based ... was probable cause to arrest defendant and Koonce for violating N.J.S.A. 39:4-49.1, since there was a "well- ...
docket: A3213-03
court: NJ Superior Court Appellate Division
decided: 2006-01-30
status: unpublished
citation:
Document Size: 189061
923 /usr/local/share/www/libweb/collections/courts/supreme/state.opn.html -- rank: 841
... 2 II. Defendant was indicted for first-degree attempted murder, N.J.S.A. 2C:11-3(a)(1) and 2C:5-1; fourth-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(d); third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(d); third-degree hindering apprehension, N.J.S.A. 2C:29-3(b); and fourth-degree certain persons not to have weapons, N.J.S.A. 2C:39-7(a). Defendant was tried before a jury ... parole ineligibility in accordance with the No Early Release Act, N.J.S.A. 2C:43-7.2(a). Defendant appealed his conviction ...
docket:
court: NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size: 139017
924 I/M/O TOWN OF HARRISON AND FRATERNAL ORDER OF POLICE -- rank: 841
... into by appellants were creditable compensation for pension purposes under N.J.S.A. 43:16A-1(26)(a). Thus, to be clear, we ... collective bargaining agreements constitute creditable compensation benefits as defined in N.J.S.A. 43:16A-1(26)(a) or N.J.A.C ... Legislature in the Police and Firemen's Retirement System Act, N.J.S.A. 43:16A-1 to -68, and the regulations promulgated by ... and "responsibility for the proper operation of the retirement system." N.J.S.A. 43:16A-13(a)(1). Although the Division of Pensions ... as "a labor organization and representative within the meaning of N.J.S.A. 34:13A-3 ( e )." This appellant represents all uniformed officers ... in anticipation of the member's retirement," in violation of N.J.S.A. 43:16A-1(26)(a). As was the case ...
docket: a0158-11
court: NJ Superior Court Appellate Division
decided: 2015-04-15
status: published
citation:
Document Size: 137876
925 STATE OF NEW JERSEY v. BRETT J. LANDES -- rank: 841
... was indicted for second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b) (count one); fourth-degree possession of prohibited devices (hollow-point bullets), N.J.S.A. 2C:39-3(f) (count two); and fourth-degree aggravated assault by pointing a firearm, N.J.S.A. 2C:12-1(b)(4) (count three). Defendant moved to ... A-1053-19T3 7 parole disqualifier under the Graves Act, N.J.S.A. 2C:43-6(c), on count one; a one-year ... OF LIABILITY OF THE UNLAWFUL POSSESSION OFFENSE SET FORTH BY N.J.S.A. 2C:39-6 (Plain Error; Not Raised Below). POINT IV ... erred in failing to instruct the jury on exceptions to N.J.S.A. 2C:39-5 that would potentially limit defendant's ...
docket: a1053-19
court: NJ Superior Court Appellate Division
decided: 2021-01-15
status: Unpublished
citation:
Document Size: 58920
926 /usr/local/share/www/libweb/collections/courts/appellate/a3972-14a4214-14a2387-15a3066-15.opn.html -- rank: 841
... issues of access under the Open Public Records Act ('OPRA'), N.J.S.A. 47:1A-1 to - 1 The appeals, which have overlapping ... 3972-14T4 13, the New Jersey Pupil Records Act ('NJPRA'), N.J.S.A. 18A:36- 19, and the Federal Family Educational Rights and ... of any school district.'). The 1944 statute, ultimately codified at N.J.S.A. 18:2-4.1, did not specifically address the privacy ... purposes of this act, be deemed to be public records. [ N.J.S.A. 47:1A-2 (repealed by L. 2001, c. 404, ... Right to Know Law provision was retained in OPRA. See N.J.S.A. 47:1A-9. 21 A-3972-14T4 liability shall attach ... furnishing the same accordingly. [L. 1967, c. 271, codified at N.J.S.A. 18A:36- 19 (amended later at L. 1977, c. ...
docket:
court: NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size: 104685
927 STATE OF NEW JERSEY IN THE INTEREST OF J.A.W., JR -- rank: 841
... an adult, would constitute: (1) first-degree murder, contrary to N.J.S.A. 2C:11-3(a) (charge one); (2) third-degree forgery, contrary to N.J.S.A. 2C:21-1(a) (charge two); (3) first-degree robbery, contrary to N.J.S.A. 2C:15-1(a)(1) (charge three); (4) second-degree unlawful possession of a handgun, contrary to N.J.S.A. 2C:39-5(b) (charge four); (5) second-degree A ... possession of a weapon for an unlawful purpose, contrary to N.J.S.A. 2C:39- - 4(a) (charge five); and (6) first-degree felony murder, contrary to N.J.S.A. 2C:11-3(a)(3) (charge six).5 On ...
docket: a1686-18
court: NJ Superior Court Appellate Division
decided: 2022-03-17
status: Unpublished
citation:
Document Size: 80628
928 DOVER-CHESTER ASSOCIATES Block 47, Lots 51 and 53 v. RANDOLPH TOWNSHIP RANDOLPH TOWN CENTER ASSOCIATES, L.P Block 224, Lots 1, 4 83, 84 85, 86 v. RANDOLPH TOWNSHIP and -- rank: 841
... of the "interests of justice" relaxation of the requirement in N.J.S.A. 54:51A-1(b) that a taxpayer be current in ... appeal for nonpayment of taxes, relying upon an inapplicable statute, N.J.S.A. 54:3-27, and the appeal was dismissed by the ... and differs slightly depending upon the nature of the appeal. N.J.S.A. 54:3-27 applies to direct appeals to the Tax ... for the current tax year in the manner prescribed in [ N.J.S.A. ] 54:4-66. It is undisputed that the appeals here are governed by N.J.S.A. 54:51A-1(b), which applies to appeals from the ... an adjudicatory proceeding at the county board, is required by N.J.S.A. 54:3-27 to become current by paying all ...
docket: a3445-09
court: NJ Superior Court Appellate Division
decided: 2011-04-20
status: published
citation:
Document Size: 58302
929 State v. Anthony DiFrisco -- rank: 841
... to conduct proportionality review upon the request of a defendant. N.J.S.A. 2C:11-3e. This Court initially determined that proportionality review ... support a death sentence: “outrageously or wantonly vile” murder, N.J.S.A. 2C:11-3c(4)(c); murder for hire, N.J.S.A. 2C:11-3c(4)(d); and murder to escape the detection of another crime, N.J.S.A. 2C:11-3c(4)(f). Thereafter, defendant pled guilty to capital murder and, pursuant to N.J.S.A. 2C:11-3c(1), waived a jury for the penalty ... the statutes at issue in Gregg , the New Jersey statute, N.J.S.A. 2C:11-3, provides that murder is a crime ...
docket: a-77-05
court:
decided: 2006-07-05
status:
citation: *CITE_PENDING*
Document Size: 124505
930 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. S.K. -- rank: 841
... HOME. (D) DYFS DID NOT PREVAIL ON PRONG FOUR OF N.J.S.A. 30:4C-15.1(a) BECAUSE IT DID NOT PROVE ... court's holding in A.W. , codifying the standard at N.J.S.A. 30:4C-15.1(a). See L. 1991, c. 275 ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These four factors are not ... or will continue to be endangered by the parental relationship." N.J.S.A. 30:4C-15.1(a)(1). "The harm shown . . . must ... serious and enduring emotional or psychological harm to the child." N.J.S.A. 30:4C-15.1(a)(2). The second prong focuses ... necessitated removal and placement of the child in foster case. N.J.S.A. 30:4C-15.1(a)(3); K.H.O. , ...
docket: a5949-10
court: NJ Superior Court Appellate Division
decided: 2012-12-20
status: unpublished
citation:
Document Size: 74962
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