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VOL. 2, NO. 103 DECISIONS RELEASED JUNE 9, 1994 INSURANCE – AUTOMOBILES 23-2-3479 Betty R. Lawrence v. Sebastian E. D’Urso, App. Div. (3 pp.) Where trial court initially dismissed plaintiff’s complaint for failure to meet verbal-threshold criteria, trial court erred in granting pro se plaintiff’s late-filed reconsideration motion reinstating the complaint, since the court had no authority to enlarge the time for late filing. INSURANCE – HEALTH 23-2-3480 B.S. v. Div. of Medical Assistance and Health Servs. and Essex County Div. of Citizen Servs., App. Div. (5 pp.) Where nursing home patient, who applied for Medicaid, through a consent order agreed to have ex-husband pay money to a trustee, Division of Medical Assistance director properly denied patient’s Medicaid application, since the payment under the consent order was a transfer of resources pursuant to N.J.A.C. 10:71-4.7 and made the patient ineligible for benefits until March 1, 1993. JURISDICTION – INSURANCE – AUTOMOBILES 24-2-3481 Sheila Weiss v. Debra Thomas, et al., App. Div. (11 pp.) Where plaintiff — a North Carolina resident who was a passenger in her daughter’s New Jersey-registered car — was injured in a New York accident with another New Jersey registered vehicle on February 1989, trial court properly held that plaintiff was subject to the verbal threshold, since under N.J.S.A. 39:6A-8, she was not a named insured under a New Jersey automobile liability policy, and in February 1989 she did not live in the same household as a named insured. WILL AND TRUSTS 38-1-3482 In the Matter of the Estate of Dudley B. Dawson, Deceased, Supreme Ct. (37 pp.) Where decedent’s will — which provided that the trustees should allocate stock distributions as either a dividend or a split in a manner contrary to statutory allocation — did not define “stock dividends” or “stock splits,” Court (1) held that there is a rebuttable presumption that a stock distribution of less than 25 percent of outstanding shares is a stock dividend and a distribution of 25 percent or more is a stock split, and (2) followed the decedent’s distribution requests, since an examination of the will and its execution demonstrate the decedent’s clear intention to override the statutory allocation of dividends to principal. WORKERS’ COMPENSATION 39-2-3483 Harrision O. Hunt v. Asbury Graphite Mills, Inc., et al., App. Div. (5 pp.) Where decedent employee suffered from respiratory problems from graphite exposure, workers’ compensation judge in determing benefits properly held that decedent’s disability became “manifest” on the date he was placed on light duty, instead of the date of last exposure, since the judge’s decision complied with the holding in Falcon v. American Cyanamid, 221 N.J. Super. 252 (App. Div. 1987). CRIMINAL LAW AND PROCEDURE 14-2-3484 State v. Kyle Alston, App. Div. (7 pp.) Where defendant was convicted of two second-degree robberies stemming from the same incident, trial court properly denied defendant’s motion for judgment notwithstanding the verdict for one robbery on the grounds that the state failed to demonstrate the use of force, since the evidence clearly demonstrated the defendant’s use of force. 14-2-3485 State v. Joseph N. Sabo, App. Div. (9 pp.) Where defendant was convicted of cocaine possession, trial court properly denied defendant’s suppression motion, since the search was incident to a lawful arrest. 14-2-3486 State v. Robert White, App. Div. (15 pp.) Where defendant was convicted of first-degree robbery, trial court properly determined that the defendant knowingly and voluntarily waived his Miranda rights when he gave a statement, since it was supported by sufficient evidence.

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