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946 IN THE MATTER OF THE NEW JERSEY FIREMEN'S ASSOCIATION -- rank: 841
... D. This appeal involves the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, the Declaratory Judgment Act (DJA), N.J.S.A. 2A:16-50 to -62, and records of the New ... Firemen's Association (Association), a public agency under OPRA. See N.J.S.A. 47:1A-1.1. We must resolve two principal issues ... would violate an applicant's reasonable expectation of privacy under N.J.S.A. 47:1A-1. The Association asserted that upon applying the ... eligibility for relief benefits . . . in accordance with the requirements of N.J.S.A. 43:17-24 and Article VII of the General Relief ... that analysis, the court held that OPRA's privacy clause, N.J.S.A. 47:1A-1, barred release: Applying the Doe factors ...
docket: a2810-13
court: NJ Superior Court Appellate Division
decided: 2015-12-18
status: published
citation: 443 N.J.Super. 238 128 A.3d 716
Document Size: 124357
947 /usr/local/share/www/libweb/collections/courts/appellate/a0668-15a0810-15.opn.html -- rank: 841
... and asserting claims under the Spill Compensation and Control Act, N.J.S.A. 58:10- 23.11 to -23.24 (Spill Act), and ... provided notice of the proposed consent judgment in accordance with N.J.S.A. 58:10-23.11e2. See Cumberland Farms, Inc. v. N ... N.J. Super. 423, 441 (App. Div. 2016) ('[U]nder N.J.S.A. 58:10-23.11e2, the DEP and a potentially responsible ... right of action provided by the Environmental Rights Act (ERA), N.J.S.A. 2A:35A-1 to -14, because the ERA provides only ... to recover clean-up costs from [other] dischargers (contribution claim), [ N.J.S.A.] 58:10-23.11f(a)(2), and one to recover damages from the NJDEP, or Spill Compensation Fund, [N.J.S.A.] 58:10-23.11k.' Bonnieview Homeowners Ass'n v. ...
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court: NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size: 92561
948 State v. S.N. -- rank: 841
... pretrial detention decisions under the Criminal Justice Reform Act (CJRA), N.J.S.A. 2A:162-15 to -26. In March 2017, law enforcement ... offense] with No Early Release attaching to it pursuant to N.J.S.A. 2A:162-19(a)(1).” The court gave ... s characteristics as he stood before the court, pursuant to N.J.S.A. 2A:162-20, were as follows: he was fifty years ... that charge does not carry a presumption of detention. See N.J.S.A. 2A:162-18(b). The court also relied on unsupported ... pretrial detention decisions under the Criminal Justice Reform Act (CJRA), N.J.S.A. 2A:162-15 to -26. After doing so, we must ... sexual assault on a person under the age of thirteen, N.J.S.A. 2C:14- 2(a)(1); fourth-degree lewdness, 2C: ...
docket: a_60_16
court: NJ Supreme Court
decided: 2018-01-30
status:
citation:
Document Size: 65889
949 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. B.G. -- rank: 841
... fourth prongs of the best interests of the child test, N.J.S.A. 30:4C-15.1(a), by clear and convincing evidence ... G. filed motions for return of the child pursuant to N.J.S.A. 9:6-8.32, and, alternatively, for visitation. In a ... afford her the opportunity, under the criteria set forth in N.J.S.A. 30:4C-15.1(a), to contest the charges of ... SUPPORT THE CONCLUSION THAT THE SECOND AND FOURTH PRONGS OF N.J.S.A. 30:4C-15.1a WERE NOW SATISFIED BY CLEAR AND ... THAT IT DID NOT PROPERLY EVALUATE THE THIRD PRONG OF N.J.S.A. 30:4C:15.1a AS REQUIRED BY THE STATUTE. A ... THE EVIDENCE AFTER REMAND TO SATISFY THE FIRST PRONG OF N.J.S.A. 30:4C-15.1a. B.G. presents the following ...
docket: a0356-11
court: NJ Superior Court Appellate Division
decided: 2013-09-03
status: unpublished
citation:
Document Size: 194333
950 STATE OF NEW JERSEY v. JAMES BAKER -- rank: 841
... sentence for second-degree eluding of a law enforcement officer, N.J.S.A. 2C:29-2(b), based on his fleeing police in ... defendant with second-degree eluding of a law enforcement officer, N.J.S.A. 2C:29-2(b) (count one), and third-degree possession of a controlled dangerous substance (CDS), N.J.S.A. 2C:35-10(a)(1) (count two). 1 Defendant was ... the officers, and the public in finding aggravating factor one, N.J.S.A. 2C:44-1(a)(1) (nature and circumstances of the ... J. 334 , 364-65 (1984)). For each degree of crime, N.J.S.A. 2C:43-6(a) sets forth "sentences within the maximum ... and weighing of the aggravating and mitigating factors listed in [ N.J.S.A. ] 2C:44-1(a) and (b)." Ibid. ; State v. ...
docket: a3943-11
court: NJ Superior Court Appellate Division
decided: 2014-08-22
status: unpublished
citation:
Document Size: 97261
951 TOWN OF MORRISTOWN V MORRIS COUNTY BOARD OF TAXATION -- rank: 841
... “2024 preliminary Morris County equalization table”). In accordance with N.J.S.A 54:3-17, on or about February 1, 2024, a ... the 2024 final Morris County equalization table stated the following: N.J.S.A. 54:3-18 as amended, requires the County Board 5 ... property tax exemption under the Long Term Tax Exemption Law, N.J.S.A. 40A:20-1 to -22, and thus, erroneously included by ... the Plaintiff pursuant to the Long Term Tax Exemption Law, N.J.S.A. 40A:20-1, et seq., and that the Added Assessment ... Ratio of Aggregate Assessed to Aggregate True Value,” under N.J.S.A. 54:51A-4a. 6 On June 7, 2024, the Board ... that the court should read the “hearing” language, under N.J.S.A. 54:51A-4a, as referring to the Board’s ...
docket: 05100-24opn
court: tax
decided: 2024-07-24
status: Published
citation:
Document Size: 82720
952 WENDE BAER, et al. v. LEO KLAGHOLZ, Commissioner, Department of Education, et al. -- rank: 841
... in the federal program. As such, it has enacted legislation, N.J.S.A. 18A:46-1 to -46, and regulations, N.J.A ...
docket: a6273-99
court: njappellate
decided: 2001-04-04
status: published
citation: *CITE_PENDING*
Document Size: 129132
953 ANTHONY CARUSO, et al. v. CITY OF NEWARK -- rank: 841
... police officers against the City pursuant to the provisions of N.J.S.A. 40A:14-155 seeking to recover legal fees for their ... on the trial court's application of the provisions of N.J.S.A. 40A:14-155. The following factual and procedural history is ... person in custody of the Newark Police Department, contrary to N.J.S.A. 2C:30-2c. Count two charged Caruso, Gialanella, Smith and ... in the custody of the Newark Police Department, contrary to N.J.S.A. 2C:30-2a. Count three charged Caruso, Harper, Gialanella, Gonzalez ... Venacio with second-degree aggravated assault upon Aldea, contrary to N.J.S.A. 2C:5-2 and 2C:12-1b(1). Gialanella and ... by making false statements on June 27, 1999, contrary to N.J.S.A. 2C:12-1a (counts one through four), and unsworn ...
docket: A2529-04
court: NJ Superior Court Appellate Division
decided: 2006-08-11
status: unpublished
citation:
Document Size: 167782
954 STATE OF NEW JERSEY v. JOHN D. FITZGERALD -- rank: 841
... offense of being a leader of a narcotics trafficking network, N.J.S.A. 2C:35-3; second-degree conspiracy to distribute heroin or cocaine, in a quantity of five ounces or greater, N.J.S.A. 2C:5-2; N.J.S.A. 2C:35-5(a)(1); N.J.S.A. 2C:35-5(b)(1); second-degree employing a juvenile in a drug distribution scheme, N.J.S.A. 2C:35-6; first-degree maintaining or operating a CDS production facility, N.J.S.A. 2C:35-4; third-degree possession of heroin in ...
docket: a6176-04
court: New Jersey Superior Court Appellate Division
decided: 2008-06-30
status: Published
citation:
Document Size: 132384
955 JOSE COTTO v. NEWARK PUBLIC SCHOOLS -- rank: 841
... for wrongful termination under the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -14. A jury rendered a verdict ... contains specific rules pertaining to the assault of teachers. Citing N.J.S.A. 2C:12-1, the discipline policy defines simple assault as ... that 'any pupil who commits an assault (as defined by N.J.S.A. 2C:12-1) upon a board member, teacher, administrator or ... of Plaintiff's Contract During the 2008-2009 school year, N.J.S.A. 18A:27-3.1 required defendant to observe and evaluate ... public health, safety or welfare or protection of the environment. [N.J.S.A. 34:19-3.] CEPA defines 'retaliatory action' as 'the discharge ... against an employee in the terms and conditions of employment.' N.J.S.A. 34:19- -2(e). In order to establish a ...
docket: a4003-15
court: NJ Superior Court Appellate Division
decided: 2019-03-07
status: Unpublished
citation:
Document Size: 96199
956 STATE OF NEW JERSEY v. DONOVAN L. HAYDEN -- rank: 841
... quoting State v. Watkins , 193 N.J. 507 , 520 (2008)); N.J.S.A. 2C:43-12(b)(1), and to consider the statutory criteria required by N.J.S.A. 2C:43-12(e). For the reasons that follow, we ... Jersey City police officers for a motor vehicle offense, tailgating, N.J.S.A. 39:4-89. When defendant opened the center console of ... and charged with second-degree unlawful possession of a firearm, N.J.S.A. 2C:39-5(b). "Any defendant charged with crime is ... admission or codify a presumption against admission for such defendants. N.J.S.A. 2C:43-12. As amended by L. 2015, c. 98 ... to PTI was that he enter a plea of guilty. N.J.S.A. 2C:43-12(g)(3). The statute provides further, " ...
docket: a5084-15
court: NJ Superior Court Appellate Division
decided: 2017-01-01
status: unpublished
citation:
Document Size: 72292
957 STATE OF NEW JERSEY v. OSMANI THEN -- rank: 841
... the following offenses: second-degree aggravated assault on Suquan McDonald, N.J.S.A. 2C:12-1b(1) and N.J.S.A. 2C:2-6 (count one); second-degree aggravated assault on Alex Perez, N.J.S.A. 2C:12-1b(1) and N.J.S.A. 2C:2-6 (count two); and third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4d (count three). The indictment charged Then, individually, with third-degree hindering apprehension, N.J.S.A. 2C:29-3a(3) and N.J.S.A. ...
docket: a3070-06
court: New Jersey Superior Court Appellate Division
decided: 2009-03-31
status: unpublished
citation:
Document Size: 115671
958 STATE OF NEW JERSEY v. AHMAD J. MUHAMMAD -- rank: 841
... first-degree maintaining a controlled dangerous substance (CDS) production facility, N.J.S.A. 2C:35- -4 (count one); third-degree fortifying a CDS production facility, N.J.S.A. 2C:35- 4.1(c) (count two); third-degree possession of CDS, namely heroin, with intent to distribute, N.J.S.A. 2C:35-5(a)(1), (b)(3) (count three); third ... degree possession of CDS, namely marijuana, with intent to distribute, N.J.S.A. 2C:35- - 5(a)(1), (b)(11) (count four); fourth-degree possession of drug paraphernalia with intent to distribute, N.J.S.A. 2C:36-3 (count five); three counts of second- degree possession of a firearm during a CDS offense, N.J.S.A. 2C:39- -4.1(a) (counts six, seven, and ...
docket: a3856-18
court: NJ Superior Court Appellate Division
decided: 2021-01-11
status: Unpublished
citation:
Document Size: 103268
959 /usr/local/share/www/libweb/collections/courts/appellate/a5761-11.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
decided:
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citation:
Document Size: 66781
960 /usr/local/share/www/libweb/collections/courts/supreme/a4364-10.opn.html -- rank: 841
... the March possession charges) were count four - possession of heroin, N.J.S.A. 2C:35-10a(1); count five - possession of heroin with intent to distribute, N.J.S.A. 2C:35-5a(1) and -5b(3); and count six ... 1,000 feet of a school with intent to distribute, N.J.S.A. 2C:35-7. The counts based solely on his alleged ... March constructive possession charges) were count one - possession of cocaine, N.J.S.A. 2C:35-10a(1); count two - possession of cocaine with intent to distribute, N.J.S.A. 2C:35-5a(1) and -5b(3); count three - possession ... 1,000 feet of a school with intent to distribute, N.J.S.A. 2C:35-7; count seven - unlawful possession of a . ...
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court: NJ Superior Court Law/Chancery Division
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Document Size: 67057
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