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VOL. 2, NO. 220 DECISIONS RELEASED DECEMBER 15, 1994 TAXATION 35-2-4540 Knickerbocker Country Club v. Borough of Bergenfield, App. Div. (5 pp.) Tax judge properly reduced tax assessments on country club for 1989-1992, since the judge on his own properly determined the value of the property by comparing the club to the sale of a comparable country club, located in a neighboring town. CORRECTIONS – CONSTITUTIONAL LAW 13-2-4541 In re: Amendment to N.J.A.C. 10A:1-2.2, App. Div. (9 pp.) Where an inmate claimed that adding the definition of “indigent inmate” to regulation in question unconstitutionally bars inmates’ access to the court system, the court held that the amendment did not change the definition, but relocated it to a place where it easily could be located. INSURANCE – AUTOMOBILES 23-2-4542 Patricia K. Ward v. Enixa Merced, et al., App. Div. (6 pp.) Where pedestrian was hit by a car as she crossed a street, trial court–because there was inadequate proof that a cancellation notice was mailed properly�erred in holding that an insurance claim was valid, since a postal clerk verified the mailing of the correctly addressed notice.[Available online in N.J. Full-Text Decisions.] LABOR AND EMPLOYMENT 25-2-4543 Janis L. Lanzafame v. Bd. of Review, App. Div. (5 pp.) Board erred in denying a medical secretary unemployment benefits under N.J.S.A. 43:21-5(c) for four weeks after she quit her job, since she demonstrated a persuasive case of harassment, which created an intolerable working condition that adversely affected her health. 25-2-4544 Leverett Roy Stoddard v. Joseph W. Sharp, et al., App. Div. (6 pp.) Where hospital safety director, who quit, claimed that he was constructively dismissed because he complained about bad health and safety conditions, trial judge properly dismissed the complaint, since the director failed to show that his complaining was the reason why he was fired. LAND USE 26-1-4545 Coventry Square, Inc. v. Westwood Zoning Bd. of Adjustment, et al., Supreme Ct. (25 pp.) Where existing apartment complex owners contested zoning board’s approval of a developer’s application for a “d” building variance, the board’s decision is affirmed, since the developer showed that the site would accommodate the problems associated with the use even though the proposal did not comply with the conditions that the ordinance addresses. (Decided Dec. 15, 1994.)[Available online in N.J. Full-Text Decisions.] WORKERS’ COMPENSATION 39-2-4546 William N. Ray v. Reliable Transport Co., App. Div. (10 pp.) Where a salesman suffered from leg pains after walking a distance, workers’ compensation judge erred in penalizing employer pursuant to N.J.S.A. 34:15-28.1 on grounds that the employer negligently delayed in paying temporary disability benefits, since the judge made no findings whether the employer rebutted the presumption that the failure to pay was negligent or unreasonable. 39-2-4547 Nilsa Rivera v. Foodtown of Union City, App. Div. (6 pp.) Where employee sprained her back during a fall on the job, workers’ compensation judge properly awarded 10 percent of partial-total disability, since employee suffered from muscle spasms and reduced range of motion. CRIMINAL LAW AND PROCEDURE 14-2-4548 State v. Ronald Bass, App. Div. (12 pp.) Trial court properly convicted defendant in absentia of receiving stolen property, since the court unsuccessfully had tried to locate the defendant, and defendant’s post-trial explanation made it clear that his absence was both purposeful and inexcusable. 14-2-4549 State v. David Canty, App. Div. (6 pp.) Trial court erred in dismissing defendant’s suppression motion with prejudice on grounds that he was unavailable on the scheduled hearing date because he had escaped from jail, since the court could have placed the case on the inactive list or proceeded in absentia.[Available online in N.J. Full-Text Decisions.] 14-2-4550 State v. Edward Goode, App. Div. (10 pp.) Appellate Division held that where throughout a trial for drug possession, prosecutor’s remarks (1) about the war on drugs were improper, since they incited the jury, and (2) about defendant’s prior convictions were improper, since they were an attempt to convince the jury that defendant was guilty because he committed similar crimes.[Available online in N.J. Full-Text Decisions.] 14-2-4551 State v. Almonte Jackson, App. Div. (11 pp.) Where defendant was convicted of cocaine possession, trial court properly allowed an arresting officer to testify as a fact witness and as an expert on illegal drug activity, since the jury was properly instructed that the officer’s expert evidence did not encompass an opinion about the observed drug sale.[Available online in N.J. Full-Text Decisions.] 14-2-4552 State v. Santos Perez, App. Div. (6 pp.) Where, during a trial for drug possession, prosecutor’s closing statements referring to another indictment that the defendant was not involved with did not constitute reversible error, since the prosecutor recanted his remarks and the judge’s response was the functional equivalent of a curative instruction. OPINION APPROVED FOR PUBLICATION: 17-2-4528 Waste Mgmt. of Cent. Jersey, Inc. v. State of New Jersey, Dep’t of Envtl. Protection and Energy (Dec. 14, 1994).[Available online in N.J. Full-Text Decisions.]

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