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Vol. 2, No. 15 DECISIONS ISSUED JANUARY 26, 1994 FAMILY LAW 20-2-2403 Frank J. Cozzoli v. Karen A. Cozzoli, App. Div. (12 pp.) Trial court erred by applying the child support guidelines set forth in Rule 5:6A to husband’s entire net income, since the guidelines are applicable only to the combined spousal income below $52,000, and for income in excess of $52,000 the factors set forth in N.J.S.A. 2A:34-23 — such as each parent’s standard of living — must be considered. HEALTH – ADMINISTRATIVE LAW AND PROCEDURE 22-2-2404 Betty Bacharach v. Gerry E. Goodrich, Acting Commissioner of Health, App. Div. (14 pp.) Department of Health acted within its discretion by entering into a settlement agreement and not following the usual certificate of necessity process with two rehabilitative health care providers who sought permission to operate rehabilitative facilities, since the settlement did not violate the department’s legislative directives. 22-2-2405 Thomas H. Bush v. State Health Benefits Commission, App. Div. (10 pp.) Commission properly determined that conversion of a mini-van for use by appellant with a neuromuscular illness did not constitute an “eligible charge” under state’s health benefits program, since the conversion was not a common and customary treatment or therapy for that condition. INSURANCE – AUTOMOBILES 23-2-2406 Robert K. Kobierecki v. Sandra A. Poll, App. Div. (5 pp.) Plaintiff failed to satisfy the verbal threshold where his doctor’s reports indicated sprain/strain of spine and related muscles in addition to other soft tissue injuries. PARENT/CHILD 28-2-2407 D.G. v. State of New Jersey, Department of Human Services, Division of Youth and Family Services, App. Div (6 pp.) Department properly found that allegations of sexual abuse against father were unsubstantiated, since thorough investigation of those with relevant knowledge revealed a lack of physical or emotional trauma to the victim. PUBLIC ASSISTANCE 45-2-2408 Edward Robinson v. New Jersey Department of Human Services, Division of Family Development, App. Div (12 pp.) Division should interpret its regulation that enumerates the circumstances that constitute good cause for tardiness of workfare benefits recipients as authorizing it to find good cause in circumstances other than those enumerated, and remand was ordered from division’s denial of benefits to recipient who overslept and reported to work one hour late, CRIMINAL LAW AND PROCEDURE 14-2-2409 State v. Arlington King, App. Div. (13 pp.) Trial court’s instruction to the jury on flight which deviated slightly from the model jury charge — by omitting “[mere] departure from a place where crime has been committed does not constitute flight” — did not constitute plain error, since the omitted words are not the essence of the concept of flight. 14-2-2410 State v. William Baldwin, App. Div. (8 pp.) Defendant convicted of third-degree theft for making unauthorized cash withdrawals on his girlfriend’s credit card was not entitled to a charge on the lesser-included offense of theft of property valued under $500, since there was uncontroverted evidence that the withdrawals totaled $2,500. 14-2-2411 State v. Anthony Miller, App. Div. (16 pp.) Trial court erred by instructing jury that defendant must have acted knowingly or purposefully to be convicted of attempted murder, since the charge of attempted murder requires a purposeful state of mind under N.J.S.A. 2C:5-1a(2). 14-2-2412 State v. Gregory Perry, App. Div. (17 pp.) The trial court acted within its discretion by denying defendant’s motion seeking an extension of time to file a petition for post- conviction relief, since the basis of his argument arose from proceedings — a direct appeal and a petition of federal habeas corpus relief — that concluded one and a half years before the expiration of the five-year statute of limitations under Rule 3:22-12 for post-conviction relief applications. 14-1-2413 State v. Brian Smith et al., Sup. Ct. (28 pp.) Police officer involved in traffic stop was justified in ordering passenger out of car based on the unusual movements of the car’s occupants as it was pulled over, the early morning hour and the fact that the highway was deserted; and pat-down search of passenger was justified based on her emotional outburst as she exited the car and the officer’s observation of a bulge under her shirt.

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