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Vol. 2, No. 56 DECISIONS ISSUED APRIL 4, 1994 COMMERCIAL TRANSACTIONS – CONSUMER PROTECTION 08-3-2982 Iris Green v. Continental Rentals, et al., v. Roseann Levine v. Continental Rentals, Law Div. (18 pp.) Where plaintiff- lessees leased furniture and appliances from defendant-lessor and after periodic payments are made lessees can buy the property, trial court held that the rent-to-own agreements were void for (1) violating provisions of the Truth- In-Lending Act and Retail Installment Sales Act, since plaintiffs did not understand the full cost of their intended acquisitions, and (2) violating the New Jersey Consumer Fraud Act, since agreements’ interest rates exceeded 30 percent per year. ENVIRONMENT 17-2-2983 In re Wetlands Exemption and Letter of Interpretation for Crow Foody Central Mazdabrook Tract, App. Div. (4 pp.) Where DEPE in a 1991 letter totally exempted property to be developed from the Freshwater Wetlands Protection Act, but in a 1990 letter required a 50-foot buffer between development and wetlands, DEPE properly determined that developer could not have detrimentally relied on 1991 letter, since citizens group challenged letter 10 days after it was issued, and developer voluntarily had agreed to implement a 50-foot buffer. PUBLIC EMPLOYEES 33-2-2984 Ridgewood Building Service Staff Assoc. v. Ridgewood Bd. of Educ., and New Jersey Public Employment Relations Comm’n, App. Div. (3 pp.) Commission properly held that a public employer may elect to subcontract services performed by public employees, at any time during a labor contract term even if public employees will be terminated because of subcontract, since a corollary of a 1982 New Jersey Supreme Court holding is that a public employer’s decision to subcontract services performed by public employees and eliminate their jobs was a management prerogative outside scope of job negotiability. CRIMINAL LAW AND PROCEDURE 14-2-2985 State v. In the Interest of L.M.D., a Juvenile, App. Div. (6 pp.) Where victim was beaten and robbed by defendant and friends, trial court properly admitted police officer’s testimony about victim’s statement as an excited utterance that victim had made to police officer after being attacked, since victim was unavailable as a witness at trial, and victim gave statement in an excitable voice to police officer shortly after being attacked, when he appeared dazed, confused and very nervous. 14-2-2986 State v. Joseph Siano, App. Div. (7 pp.) Where defendant entered a negotiated guilty plea to third-degree conspiracy to commit forgery and theft by deception for forging a signature on a mortgage application and related documents, trial court erred in ordering that defendant pay restitution to co-defendant, since pursuant to N.J.S.A. 2C:43-3, victim is defined as a person who suffers loss of personal property as a result of a crime committed by defendant; in this case the only victim was the mortgagee.

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