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Vol. 2, No. 193 DECISIONS RELEASED NOVEMBER 2, 1994 35-5-4234 ADP of New Jersey, Inc. v. Parsippany-Troy Hills Township, Tax Ct. (7 pp.) New property owner’s complaint contesting 1994 real-property tax assessment was properly dismissed for failure of the predecessor in title to furnish income information requested by the assessor, pursuant to N.J.S.A. 54:4-34, since if an owner fails to respond, the sanction of losing the right to contest an assessment applies to the owner and those standing in its shoes for the ensuing tax year. [Approved for publication Oct. 29, 1994.] 35-5-4235 Charles J. Widder v. Director, Div. of Taxation, Tax Ct. (9 pp.) Where taxpayer appealed from interest charged to his 1988, 1989 and 1990 gross income tax returns on grounds that he relied on the tax director’s erroneous instructions regarding credit to state residents on taxes paid to other jurisdictions, tax court upheld the interest, since the instructions were not erroneous. [Approved for publication Oct. 29, 1994.] LABOR AND EMPLOYMENT – EDUCATION 25-2-4236 Peggy Gillison v. Board of Educ. of the City of Newark, et al., App. Div. (4 pp.) Where a non-tenured teacher–who was sent a written statement by the defendant school board one month after the N.J.S.A. 18A:27-3.2 deadline explaining why she was not rehired–sued the city for not rehiring her, the teacher’s termination is affirmed, since the local procedural deficiencies did not invalidate the board’s decision. TORTS – REAL ESTATE 36-2-4237 Catherine Gilliam v. Wing T. Fong and Meipo Fong, et al., App. Div. (9 pp.) Where home buyer, who had the house inspected and did not notice basement water damage, sued the sellers for not telling her that the basement flooded, trial court erred in awarding damages to the home buyer, since there was no evidence presented at trial that the jury could find that the sellers knew about the flooding problem. CRIMINAL LAW AND PROCEDURE 14-2-4238 State v. Varnard Belton, App. Div. (7 pp.) Where defendant was convicted of unlawful use of a credit card and burglary, trial court properly admitted into evidence a statement defendant made to an arresting officer before the defendant was read his rights, since the statement was in response to permissible non-custodial on-the-scene questioning. ALSO APPROVED FOR PUBLICATION: 14-2-4233 State v. Paul Warmbrun (Nov. 1, 1994); 39-2-4230 Enrique Viera v. The Level Line, Inc. (Nov. 1, 1994); 20-2-1823 Paul McGee v. Carol McGee (Nov. 1, 1994); 39-2-4215 Richard A. Wiggins v. The Port Auth. of New York and New Jersey (Oct. 28, 1994); 26-2-3545 NYNEX Mobile Communications Co. v. Hazlet Township Zoning Bd. of Adjustment (Nov. 1, 1994)

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