01-2-3801 Ricciuti v. New Jersey Motor Vehicle Commission , App. Div. (per curiam) (4 pp.) Where defendant interpreted a letter from plaintiff as a request for a hearing on the second of his two speeding violations, which it denied but reduced his period of suspension, his claim that he confused his two speeding violations and did not properly request a hearing on the second violation as a result does not constitute a basis to set aside the suspension, which is affirmed. [Decided May 13, 2009.]
ADMINISTRATIVE LAW — ROOMING HOUSE
01-2-3763 Fabics v. Department of Community Affairs , App. Div. (per curiam) (13 pp.) Petitioner Joseph Fabics Jr. appeals three penalties assessed by the Department of Community Affairs, Division of Codes and Standards, Bureau of Rooming and Boarding House Standards, arising from his unlicensed operation of a rooming house. The commissioner adopted the administrative law judge’s decision affirming the penalties, finding that Fabics’ home constituted two illegal rooming houses, one within the first floor, the other within the second floor. The appellate panel affirmed, finding Fabics failed to establish that the Rooming and Boarding House Act of 1979 is impermissibly vague as applied to his residence. Based on the totality of the circumstances, Fabics’ residence fell squarely within the definition of a rooming house and the Legislature intended the statute to extend as far as constitutionally permissible to protect the public. [Decided May 11, 2009.]
