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Vol. 3 No. 55 DECISIONS RELEASED MARCH 23, 1995 ADMINISTRATIVE LAW AND PROCEDURE 01-2-5236 S.T. v. N.J. Dept. of Human Svcs., App. Div. (5 pp.) Recipient was properly denied retroactive payment of emergency assistance benefits since she had received free placement at a shelter and seven full months of assistance and did not contact either DYFS or the Department to secure assistance when her payments ended, and regulations do not authorize retroactive temporary shelter assistance. 01-2-5237 Bruce M. Shipitofsky v. Andrew J. Karpinski, Commr. of Ins., App. Div. (4 pp.) Insurance agent’s license was properly revoked, despite his remorse and previously unblemished record, since he embarked on a series of intentional acts that included facilitating and committing a felony, wrongfully giving a refund to a public official, giving false information to a public authority and altering his insurance files in order to mislead authorities. ADMINISTRATIVE LAW – FAMILY LAW 01-2-5238 S.G. v. Div. of Medical Assistance and Health Svcs., et al., App. Div. (5 pp.) Presumption that interspousal transfer of assets was done to establish one spouse’s Medicaid eligibility was not overcome where husband divorced his wife of 50 years on the day she was declared incompetent due to Alzheimer’s disease. ARBITRATION AND MEDIATION 03-2-5239 Steven C. Procuniar, et al. v. Rutgers, the State University, App. Div. (13 pp.) Faculty Appeals Board’s denial of faculty member’s challenge to the University president’s decision not to recommend him for tenure was upheld since there was no evidence of bias, taint or partisanship shown on the part of the FAB. EVIDENCE 19-2-5240 Kevin Hartong, et al. v. Arthur L. Johnson Regional High School, et al., Ap. Div. (6 pp.) Business records exception applied to treating doctor’s office notes, even though doctor was not called as a witness nor asked to prepare a report. INSURANCE – VERBAL THRESHOLD 23-2-5241 Daniel J. Scarpone, Jr., et al. v. Paula Sagui, et al., App. Div. (4 pp.) Where plaintiff’s only objective medical evidence consisted of an x-ray taken within six months of the accident, and nothing in the interim before the defendants motion for summary judgment four years later, the plaintiff did not sustain the burden of proving serious injury as contemplated under the verbal threshold law. LABOR AND EMPLOYMENT 25-2-5242 Armando Soriano v. Bd. of Review, et al., App. Div. (3 pp.) Where farmworker had left his assigned work station and then refused to return when asked to do so by the agricultural foreman, he was properly disqualified from receiving federal supplemental unemployment compensation benefits on the ground of work-related misconduct. CRIMINAL LAW AND PROCEDURE 14-2-5243 State of New Jersey v. Lawrence T. Butera, App. Div. (5 pp.) Although a person who acts recklessly may disregard the risk his actions pose to others, such risk-taking does not constitute a deliberate act of violence within the intent of PTI guidelines. 14-3-5244 State of New Jersey v. Carlos Rivera, Law Div. (10 pp.) The charge given at defendant’s trial, despite references to moral certainty, did not suggest a higher standard than “proof beyond a reasonable doubt” and clearly stated that a conviction must be based on the evidence, not feelings or emotions. [Approved for publication Mar. 23, 1995.] 14-2-5245 State of New Jersey v. Joseph Eigenmann, App. Div. (20 pp.) State’s appeal of sentencing judge’s discretionary election to treat defendant as a young adult offender, which appeal was filed after defendant had begun serving his sentence, constituted double jeopardy. [Approved for publication Mar. 23, 1995.] CRIMINAL LAW AND PROCEDURE – CONSTITUTIONAL LAW 14-2-5246 State of New Jersey v. Edward Kadelak, App. Div. (37 pp.) The State’s vital interest in highway safety and clean air warrants the minimal intrusion that random roadside vehicle safety checkpoints visits upon the traveling public. [Approved for publication Mar. 23, 2995.] 14-2-5247 State of New Jersey v. John Savage, et al., App. Div. (9 pp.) Where the police officer was lawfully within the viewing area of stopped vehicle, whether he had suspicions of hidden contraband or not is of no consequence and the drugs found in the pocket of a jacket in the car should not have been suppressed. -

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