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Vol. 2, No. 44 DECISIONS ISSUED MARCH 16, 1994 PUBLIC ASSISTANCE – HEALTH 45-2-2852 County of Union v. Alan J. Gibbs, Commissioner of the New Jersey Dept. of Human Services, et al., App. Div. (47 pp.) In light of two earlier decisions in which courts held that state incorrectly charged counties for their share of Medicaid and Medicare maintenance costs for developmentally disabled, providing limited retroactive relief for Essex County, Appellate Division holds here that (1) other counties were entitled only to prospective relief, (2) commissioner has initial authority to resolve disputes about money owed to counties pursuant to prior opinions, and (3) commissioner erred in determining that county reimbursements were limited to social security benefits, since refunds also include Medicaid and Medicare benefits. PUBLIC EMPLOYEES 33-2-2853 In the Matter of the City of Newark v. PBA Local 3, App. Div. (12 pp.) Where three civilian Newark police department identification and records officers were all Newark residents at employment inception but later moved out of Newark, and all notified police and personnel departments about residency changes, public-employment relations commissioner erred in holding that preliminary notices of disciplinary actions against civilian employees based on residency requirement violations constituted an unfair labor practice, since residency requirement is preempted from collective negotiations. WILLS AND TRUSTS 38-2-2854 In the Matter of the Estate of Peter C. Rubino v. Elizabeth McConnell, App. Div. (5 pp.) Where intestate decedent and defendant entered into an agreement giving decedent one-third interest in house in which they resided together, and defendant had two-thirds interest, and under agreement decedent agreed to pay mortgage payments, property taxes and hazard insurance, trial court properly held that the plaintiff, the decedent’s estate, was obligated to make specified payments, since agreement did not indicate that defendant had to make reimbursements. CRIMINAL LAW AND PROCEDURE 14-1-2855 State v. James A. Balfour, Sup. Ct. (17 pp.) Where defendant pled guilty to aggravated sexual assault of a minor with the understanding that state would recommend a second- degree offense sentence, and defendant was sentenced to maximum allowed for a second-degree offense because court reasoned that aggravating circumstances outweighed mitigating circumstances, Appellate Division properly held that decision to downgrade defendant’s sentence to a second-degree sentence, and to impose maximum sentence within second-degree range, are both distinct determinations, within court’s discretion.

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