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VOL. 2 NO. 158 DECISIONS RELEASED SEPT. 12, 1994 ENVIRONMENTAL 17-2-3981 In the Matter of Filing by A. Fiore and Sons, Inc., App. Div. (9 pp.) Since U.S. Supreme Court’s holding in C.A. Carbone Inc. v. Town of Clarkstown, 114 S.Ct. 1677 (1994), that certain local flow control ordinances violate the interstate commerce clause, may affect prior, non-final judicial and administrative orders relinquishing utility’s right to retain its certificate of public convenience and necessity, DEPE’s order dismissing the application for continuance should be modified to allow utility right to renew application in such a change of circumstances. INSURANCE 23-2-3982 Arcelio Castro v. Motor Club of American Ins. Co., App. Div. (4 pp.) Where notice of cancellation of automobile policy reached point of delivery of plaintiff’s address but did not reach plaintiff, since post office forwarding order had expired, carrier satisfied both the customary particulars and the clear underlying purpose of N.J.S.A. 17:29C-10, and summary judgment dismissing suit to provide coverage. CRIMINAL LAW AND PROCEDURE 14-2-3983 State v. George Sydlar, App. Div. (3 pp.) Though an off-duty policeman committed harassment by pulling over and threatening to handcuff and arrest a truck driver following a driving pattern that began in East Rutherford and ended in Rutherford, the former municipality had no jurisdiction over the case since the harassment occurred in the latter. EDITOR’S NOTE: There was no Alert issued on Friday, Sept. 9, 1994, since no cases were released by the appellate courts. No cases will be released tomorrow, Sept. 13, 1994, and hence the Alert will not be published.

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