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VOL. 2, NO. 147 DECISIONS RELEASED AUGUST 15, 1994 FAMILY LAW 20-2-3921 Phyllis J. Avallone v. Harold J. Avallone, App. Div. (13 pp.) Appellate court held that a disability pension is subject to equitable distribution, but the matter was remanded to determine what portion of the pension is the retirement component, in which the wife is entitled to share, and what portion represents compensation for the husband’s personal disability and economic loss, in which the wife is not entitled to share. INSURANCE – AUTOMOBILES 23-2-3922 Bethlehem Mellos v. Debra A. Singiser and Fred W. Bradley, App. Div. (6 pp.) Where plaintiff injured her back in an automobile accident, trial court properly dismissed the complaint for failure to meet verbal-threshold criteria, since plaintiff failed to present objective medical evidence. LAND USE – GOVERNMENT 26-2-3923 Harold L. Leek and Murray Blum v. Zoning Bd. of Adjustment, City of Port Republic, App. Div. (8 pp.) Where a portion of plaintiffs’ land, containing wet-lands, only could be developed for recreational purposes, trial court properly denied plaintiffs’ claim for inverse condemnation, since they had not been deprived of the entire economically viable use of their land. TORTS – GOVERNMENT 36-2-3924 Mary Ellen Carr and James Carr v. Township of Dover, App. Div. (4 pp.) Where plaintiff jogger fractured her ankle while running in a park, maintained by town’s department of parks, trial court properly dismissed jogger’s complaint, since jogger failed (1) to causally correlate park improvements with the injury, and (2) to specify where she fell, resulting in her inability to relate the town’s mowing of grass with her fall. CRIMINAL LAW AND PROCEDURE 14-2-3925 State v. Robert W. Abrams, App. Div. (4 pp.) Where defendant, who was convicted of driving while intoxicated, sought municipal court judge’s recusal after the judge conducted a probable cause hearing, the judge properly did not recuse himself, since a judge who decides an interlocutory matter can preside over the trial under N.J.S.A. 2A:15-49 and R. 1:12-1. 14-2-3926 State v. Freeman Eddie Banks Jr., App. Div. (4 pp.) Where defendant, who pled guilty to cocaine distribution, moved to withdraw his plea on grounds that he was pressured psychologically by his co-defendant to plead guilty, trial court properly denied the motion, since defendant failed to offer any evidence of psychological pressure. 14-2-3927 State v. Ishmael Shansid-Din, App. Div. (6 pp.) Where defendant’s original prison term had been extended by the imposition of a consecutive sentence from a conviction of aggravated-assault committed while he was a prisoner, trial court erred in imposing the period of parole ineligibility, since it violated the dictates in State v. Kruse, 105 N.J. 354 (1987). EDITOR’S NOTE: The Alert will not be published on Tuesday, August 16, 1994, since no cases are being released.

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