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VOL. 2 NO. 215 DECISIONS RELEASED DEC. 8, 1994 CIVIL RIGHTS 46-2-4475 David Rivkin et al. v. Dover Township Rent Leveling Board, App. Div. (15 pp.) Where allegedly biased acts of a rent-leveling board member were random and unauthorized, but the state provided an adequate post-deprivation remedy, board did not deprive plaintiff landlords of due process, and plaintiffs were not entitled to counsel fees or to compensatory damages. [Approved for publication; available online in NJ Full-Text Decisions.] FAMILY LAW 20-2-4476 Lucille J. Ryan v. Peter J. Ryan, App. Div. (9 pp.) Although property settlement agreement incorporated into divorce judgment required defendant to pay the same amount of alimony even after his retirement, defendant’s involuntary early retirement and his corresponding loss of income constituted a sufficient showing of changed circumstances to withstand summary judgment dismissing his motion to reduce payments. INSURANCE 23-2-4477 In re: Atlantic Mutual Companies v. Jim Sherlock & Associates, Inc., App. Div. (13 pp.) There was no due process violation in Commissioner of Insurance’s terminating for cause an agency agreement under Producer Assignment Program without a trial-type hearing, since there is no statutory or constitutional right to such a hearing and, in any event, agency failed to seek such a hearing prior to termination. 23-2-4478 In re: New Jersey Citizens United Reciprocal Exchange, App. Div. (7 pp.) Automobile insurance exchange that was granted relief from FAIR Act surtaxes and assessments, payment of which would place the exchange in an unsafe or unsound financial condition, was entitled to hearing on whether its original licensure contemplated a method by which it could comply with the Unsatisfied Claim and Judgment Fund without paying an assessment. INSURANCE — ENVIRONMENTAL LAW 23-2-4479 Rutgers, The State University of New Jersey v. Liberty Mutual Ins. Co. et al., App. Div. (14 pp.) Since comprehensive general liability carrier’s duty to pay depended upon a factual issue not resolved by the trial of third party’s suit against the insured, carrier was entitled to trial on whether injury sustained was within the “occurrence” coverage of the policy. [Approved for publication; available online in NJ Full-Text Decisions.] PUBLIC EMPLOYEES 33-2-4480 In re: Fraternal Order of Police and Rutgers, The State University, App. Div. (4 pp.) Public Employment Relations Commission properly rejected university’s effort to avoid interest arbitration with its campus police representatives, since the university’s police force comes within the statutory definition of a “police department or organization of … the State, or any agency thereof,” N.J.S.A. 34:13A-15. 33-2-4481 George Wallace v. Edison Township, Dept. of Public Safety, App. Div. (16 pp.) Imposition of discipline less than termination for police officer — who had been convicted of conduct unbecoming an officer, insubordination, neglect of duty and disobedience of an order — was an arbitrary exercise of discretion because it depreciated the seriousness of his infractions. TORTS 36-2-4482 Stephen R. Berger v. Anthony J. Rizzo, App. Div. (6 pp.) In legal malpractice case, where there was ample evidence to support the jury’s conclusion that the compensation plaintiff received for injuries in the underlying personal injury suit was fair and that plaintiff suffered no compensable damage as the result of his attorney’s alleged misrepresenanded where trial judge failed to instruct jury that intoxication is not a defense to the charge of aggravated and reckless manslaughter, thereby depriving the jury of the option of convicting defendant of lesser-included offenses. 14-2-4485 State v. Sunday Orji, App. Div. (9 pp.) Relationship between defendant’s rejection of state’s offer of pretrial intervention and his professed innocent is remote and speculative, and evidence of same was properly excluded since its probative value, if any, was substantially outweighed by the danger of confusing the issues and misleading the jury. [Approved for publication; available online in NJ Full-Text Decisions.] 14-2-4486 State v. Robert L. Robards, App. Div. (7 pp.) There was no specific showing of materiality in DWI defendant’s request for a copy of procedures used by State Police to certify a breathalyzer machine, a copy of training material used as a basis for the balance test given to the defendant, and the credentials of the coordinator of the machine, and thus there was no prejudice in denying the requests. 14-2-4487 State v. Dale Rush, App. Div. (7 pp.) Trial judge’s instruction to jury, as to fourth-degree sexual assault, properly included a definition of “physically helpless” under N.J.S.A. 2C:14-3b and 2C:14-2c(2), since the jury question is whether as a matter of fact the victim’s condition met the standard. [Approved for publication; available online in NJ Full-Text Decisions.] 14-2-4488 State v. Larry Westreich, App. Div (11 pp.) Although joyriding is a lesser-included offense of receiving a stolen motor vehicle, there was no necessity to so charge the jury where defendant kept a rented vehicle for 16 months and the rental by its terms was less than a week. 14-2-4489 State v. Thomas Wolfe, App. Div. (15 pp.) In capital murder prosecution, there was nothing unduly prejudicial about introduction of blades similar to the murder weapon, which were offered to show the defendant had devised a scheme to break into the victim’s home, since they tended to counter the defendant’s claim that he was so intoxicated that he could not have devised such a plan.

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