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VOL. 2, NO. 112 DECISIONS RELEASED JUNE 22, 1994 FAMILY LAW 20-1-3576 New Jersey Div. of Youth and Family Servs. v. K.M., Sr., et al., Supreme Ct. (24 pp.) Where three children suffered from malnutrition and dehydration due to parental neglect, state Supreme Court held that DYFS has the statutory authority to bring concurrent but separate Title 9 abuse-or-neglect proceedings and Title 30 parental termination proceedings against the same parents. 20-2-3577 Bernard J. Mc Carron v. Barbara L. Mc Carron, App. Div. (11 pp.) Where wife appealed from permanent alimony award, trial court erred in decreasing alimony, since the wife’s expenses had increased tremendously and the husband no longer had to pay child support, marital residence taxes, the wife’s medical expenses and her car insurance. 20-2-3578 Debra Pascale v. James Pascale, App. Div. (21 pp.) Where husband and wife agreed to joint custody of children, and husband appealed child-support payments, trial court erred in considering the custody arrangement as typical, since the court failed to recognize that the non-residential custodian also has a significant financial burden in taking care of the children. LANDLORD/TENANT 27-2-3579 Evelyn S. Pyne v. Edward Kramlick and Joanne Kramlick, App. Div. (6 pp.) Where plaintiff landlord evicted couple — who lived in one of two cottages on separate adjacent lots which abut property where landlord lived — to enable the nurse who cares for landlord to move in, the eviction was proper even if the anti-eviction statute applied, since allowing the nurse to live there to care for the landlord constituted “personally occupy[ing]” the cottage under N.J.S.A. 2A:18-61.1(1)(3). LAND USE 26-2-3580 Township of Fairfield v. Likanchuk’s, Inc., App. Div. (17 pp.) Where town tried to stop company from expanding its mining and recycling operations on its property, chancery court erred in allowing the company to expand its mining operations on grounds that sand was a “diminishing asset,” since the use didn’t necessarily justify an expansion. PUBLIC ASSISTANCE 45-2-3581 J.S. v. New Jersey Dep’t of Human Servs., Div. of Family Dev., App. Div. (7 pp.) Where plaintiff was ineligible to continue receiving food stamps because his household income exceeded the limit due to the inclusion of child support payments he made, division director properly held that court-enforced child-support payments are not excludable from the plaintiff’s household income when calculating his eligibility for food stamps, pursuant to 7 U.S.C.A. Section 2014(d)(6). CRIMINAL LAW AND PROCEDURE 14-2-3582 State v. Thomas Bailiff, App. Div. (4 pp.) Where defendant was convicted of murder, trial court erred in dismissing defendant’s petition for post-conviction relief for ineffective assistance of counsel, since the defendant was denied procedural due process because his counsel was not told about the nature and extent of a hearing held about the petition, and counsel could not adequately prepare and present supporting proofs. 14-2-3583 State v. Darren Boykins, App. Div. (5 pp.) Where defendant pled guilty to third-degree aggravated assault, trial court properly denied defendant’s dismissal motion based on claim that he was deprived of his right for a speedy trial, since the argument was barred by defendant’s guilty plea and the judge did not approve a conditional plea. 14-2-3584 State v. D.E. Jones, William Dweck, App. Div. (4 pp.) Where discount retail store owner was charged with violating the town’s property maintenance code on grounds that store’s “goods and materials displayed are not in a decorous and aesthetically pleasing manner,” trial court properly held that the code was unconstitutional, for vagueness and overbreadth. 14-2-3585 State v. Jeffrey Lee Mourning, App. Div. (8 pp.) Where while on probation defendant was charged with burglary for which he was convicted, and while serving his sentence, defendant refused to sign a R.3:21-7 probation form — which should have been presented to him four weeks earlier, immediately upon sentencing or shortly after — because he would then be charged with violating probation, trial court erred in charging him, since the facts did not support the sanctions. 14-2-3586 State v. Marvin Shuler, App. Div. (13 pp.) Where defendant stabbed his wife and children, trial court erred in failing to merge two of defendant’s convictions: aggravated assault and unlawful weapon possession, since the latter conviction is a lesser-included offense of the former. 14-1-3587 State v. Stanley Tucker Jr., Supreme Ct. (23 pp.) Where defendant, who ran from police officers as they drove past him on routine patrol, threw a bag of crack under a house porch as an officer chased him, trial court properly suppressed evidence of the seized crack, since the police illegally seized the defendant because a reasonable person would believe that the police were intent on capturing the defendant, not just speak with him.

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