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VOL. 2, NO. 108 DECISIONS RELEASED JUNE 17, 1994 ADMINISTRATIVE LAW AND PROCEDURE 01-2-3536 Leonard Greer v. New Jersey Bureau of Securities, et al., App. Div. (11 pp.) Where state securities bureau denied request of witnesses, who testified before the bureau during a private investigation, under N.J.S.A. 49:68(a)(1), for transcript copies, but allowed witnesses and their attorneys to review the copies at bureau offices, the bureau’s policy was proper, since the policy had a legitimate purpose in preventing suspected violators from tailoring future testimony, and it did not violate due process. ALCOHOLIC BEVERAGES – GOVERNMENT 47-2-3537 New Jersey Div. of Motor Vehicles v. Joseph T. Fior, App. Div. (7 pp.) Where defendant challenged his New Jersey driving suspension under the state version of the Interstate Driver License Compact, N.J.S.A. 39:5D-4 — after pleading guilty to driving slightly impaired in Colorado — on the grounds that the Colorado and New Jersey driving-while-intoxicated statutes are not similar, division director properly affirmed the suspension, since it complied with the compact, and the states’ statutes are similar. ATTORNEY/CLIENT – NEGLIGENCE 04-2-3538 In the Matter of Bernard S. Berkowitz, An Attorney at Law, In the Matter of James P. Dugan, An Attorney At Law, Supreme Ct. (24 pp.) Where two law-firm partners represented two clients with adverse interests and one partner supposedly had a personal interest in one client, state Supreme Court held that both attorneys are publicly reprimanded for failing to recognize and to resolve the possible conflict of interest between their respective clients. CIVIL PROCEDURE – JURISDICTION 07-2-3539 Michael B. Gross, et al. v. Chen Dufour & Assocs., et al., Law Div. (18 pp.) Where plaintiffs sued New Jersey-based defendant franchiser first in federal court alleging fraud and contract breach, and then in state court raising similar allegations against additional defendants, trial court properly dismissed the state action, since, under the entire controversy doctrine and R. 4:5-1(b)(2), the state claims should have been joined with the federal suit. [Approved for publication June 14, 1994.] FAMILY LAW 20-2-3540 In the Matter of the Guardianship of M.B. and T.B., App. Div. (15 pp.) Where parent’s parental rights to two daughters were terminated because of physical abuse, trial court properly terminated parental rights for one daughter, since she had bonded with a foster mother who wanted to adopt her, but erred in terminating rights with second daughter, since the Division of Youth and Family Services failed to prove by clear and convincing evidence that termination would be good for the child. INSURANCE 23-2-3541 R. Ben David & Sons, et al. v. Carol Kirstein, et al. and Lloyds of London, et al., App. Div. (10 pp.) Where jeweler’s vehicle was robbed while left unattended, and jeweler submitted a claim under its jeweler’s block policy, trial court properly dismissed the claim against the insurer under the unattended- vehicle policy exclusion. LABOR AND EMPLOYMENT 25-2-3542 Hugh J. Gallagher v. Bd. of Review, App. Div. (10 pp.) Where county sheriff’s officer was suspended from his job for supposedly assaulting bar patrons, and later pled guilty to conspiracy to promote gambling, trial court reversed fine and benefits disqualification, since evidence did not prove that his testimony regarding gambling was false or fraudulent. 25-2-3543 Sandra Holshue v. Bd. of Review, App. Div. (7 pp.) Where hair stylist under a doctor’s advice left her job at a beauty salon because of a recurring rash on her hands and arms caused by permanent-wave solution, Division of Unemployment and Disability Review Board erred in denying her benefits, since the condition was entirely related to her employment. LABOR AND EMPLOYMENT AND CIVIL RIGHTS 25-2-3544 Heather Stanavitch v. Wakefern Food Corp., App. Div. (8 pp.) Where 16-year-old employee, who complained of sexual harassment, sued employer for unlawful discharge under LAD, Division of Civil Rights Director properly held that employee failed to prove sexual harassment or that the work environment was hostile, since the evidence did not demonstrate that the behavior about which the employee complained was regular or severe. LAND USE 26-2-3545 NYNEX Mobile Communications Co. v. Hazlet Township Zoning Bd. of Adjustment, App. Div. (19 pp.) Where board denied company’s variance application to build cellular antennas, trial court properly reversed the board’s decision, since the proposed use was inherently beneficial. WORKERS’ COMPENSATION 39-3-3546 Adelle Petrocco and Ronald Petrocco v. AT&T Teletype, Inc., et al., Law Div. (5 pp.) Where American Telephone & Telegraph employee was injured when working on a supposedly defective keyboard manufactured by AT&T Teletype Inc. before its merger with AT&T, trial court held that manufacturer’s merger with employer, subsequent to manufacture but before injury, would not bar an employee’s claim under the exclusive remedy provision. [Approved for publication June 14, 1994.] CRIMINAL LAW AND PROCEDURE – ALCOHOLIC BEVERAGES 14-2-3547 State v. Gene Martinkus, App. Div. (4 pp.) Where defendant, who was stopped for driving erratically after a Breathalyzer reading of .11, was charged with driving while intoxicated, trial court after a trial de novo properly convicted defendant of DWI, since the finding was clearly supported by credible evidence. 14-2-3548 State v. Jose Luis Reyes, App. Div. (18 pp.) Where defendant was convicted of murder, trial court erred in denying defendant’s post-conviction relief motion, since the trial judge’s instructions on diminished capacity did not comply with the then-current state Supreme Court’s dictates.

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