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VOL. 2, NO. 204 DECISIONS RELEASED NOVEMBER 21, 1994 CORRECTIONS 13-2-4375 Robert Blakley v. Albert W. Van Lieu, Jr., et al., App. Div. (5 pp.) Disciplinary hearing officer erred in finding that a prisoner violated discipline code by threatening someone, since there was insufficient evidence to sustain a guilty finding. GOVERNMENT 21-2-4376 In re Petition of the Atlantic City Press Requesting Certain Files of the Casino Control Comm’n, App. Div. (18 pp.) Commission erred in granting newspaper’s request for confidential information about Division of Gaming applicants’ submissions for licenses and registrations, over division’s objections, since under N.J.S.A. 5:12-74(e), the information is confidential and is released only with the state attorney general’s consent. HEALTH – GOVERNMENT 22-2-4377 Bergen Pines County Hosp. v. Div. of Medical Assistance and Health Servs., App. Div. (6 pp.) Division erred in deciding to reimburse hospital under nurse staffing regulations which took effect on Oct. 1, 1990, in contradiction of a 1986 agreement regarding nurse staffing, since the same principal reason for the agreement still exists: one registered nurse per shift cannot oversee all the patients due to the hospital’s physical layout. PHYSICIAN/PATIENT – NEGLIGENCE 29-2-4378 Jerry Fischer v. Arthur T. Canario, M.D. and Norman Magid, M.D., App. Div. (10 pp.) In a medical malpractice case, trial court properly granted a post-trial motion awarding husband total jury award, reversing a reduction under Scafidi v. Seiler, 119 N.J. 93 (1990), which held that the court will mold the verdict to limit doctor’s liability to the value of the lost chance for recovery attributable doctor’s negligence, since the holding is to be applied to causes of action which accrue after Scafidi. CRIMINAL LAW AND PROCEDURE 14-2-4379 State v. Samuel Edwards, App. Div. (9 pp.) Trial court erred in not imposing an extended-term sentence for two separate cocaine-possession convictions, since if defendant is subject of a mandatory extended term under N.J.S.A. 2C:43-6f, the prohibition against multiple extended terms under N.J.S.A. 2C::44-5(a)(2), incorporated by reference in N.J.S.A. 2C:44-5b(1), does not apply. 14-2-4380 State v. William Grant, App. Div. (4 pp.) Where defendant was convicted of handgun possession without a permit after to a lawful automobile stop, trial court properly denied suppression motion, since the police had a constitutional basis to stop the automobile after it erratically swayed over roadway lines.

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