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Vol. 3 No. 93 DECISIONS RELEASED MAY 18, 1995 ADMINISTRATIVE LAW AND PROCEDURE — LOTTERY 01-2-5654 State Dept. of the Treasury, Div. of the Lottery v. Madison Variety Discount, App. Div. (9 pp.) Permanent revocation of agent’s lottery tickets’ sales license was not too harsh a remedy where agent sold altered and pre-validated tickets to unsuspecting customers, since the success of the lottery depends upon public trust and an image of integrity. FAMILY LAW 20-2-5655 Frederick C. Mezey v. Lucinda Porter (f/k/a Lucinda P. Mezey), App. Div. (13 pp.) Although most of the judge’s decision on equitable distribution issues is supported by the evidence and therefore affirmed, the judge erred in ordering husband to secure a life insurance policy for wife’s benefit and to secure the payment of alimony after his death, since there was no showing that wife would need protection in the event of husband’s death. INSURANCE — VERBAL THRESHOLD 23-2-5656 Kathleen Milligan v. Alexander Snyder, Jr., App. Div. (8 pp.) Although plaintiff proved the existence of her injury by objective medical evidence, since she failed to identify any activity in which she could no longer participate, and her evidence showed only that she had good days and bad days, the trial court correctly found that plaintiff had failed to show that her injuries had a serious impact on her life, and summary judgment for defense was proper. LABOR AND EMPLOYMENT 25-2-5657 Mario A. Smith v. Bd. of Review, et al., App. Div. (17 pp.) Where hospital orderly “forgot” nurse’s instruction and gave food to a pre-operative patient, this act, although it was a single, isolated, negligent one, endangered the patient’s life and therefore constituted work-related “misconduct” such that orderly, who was terminated for the act, was properly disqualified for the first six weeks of unemployment benefits. [Approved for publication May 18, 1995.] [Available online in N.J. Full- Text Decisions.] 25-2-5658 Thomas J. Morrissey v. Bd. of Review, et al., App. Div. (7 pp.) There was adequate support in the record for the board’s finding that former gaming enforcement investigator, reassigned to the licensing section, quit his job without good cause attributable to his work since the employee’s compensation was not reduced, and his general duties were within the category for which he had originally been hired, even though he may have thought the new duties were “beneath him.” LANDLORD/TENANT — PAROL EVIDENCE 27-2-5659 United States Land Resources, L.P., et al. v. John Tumas, D.C., App. Div. (7 pp.) The trial judge properly considered extrinsic evidence to interpret and conclude that lease was not intended to commence until the premises were, in fact, in a condition satisfactory for use in connection with tenant’s chiropractic practice, and therefore judgment in favor of tenant in landlord’s suit against tenant for tenant’s termination of the lease was proper. LAND USE — ENTIRE CONTROVERSY — LACHES 26-2-5660 William R. Pfeuffer, et al. v. Borough of Cliffside Park, et al., App. Div. (5 pp.) Where suit by one neighbor against another, alleging that construction of two-family home violated side yard setback zoning provisions, was properly dismissed after municipality amended its zoning ordinance to permit the encroachment, a subsequent suit alleging that the “up-and-down” structure was not the same as the “side-by-side” structure in the original site plan was barred by both the entire controversy doctrine and by laches, since the issue had not been raised before. CRIMINAL LAW AND PROCEDURE 14-2-5661 State v. Cameron Jack, App. Div. (6 pp.) In an appeal from an order transferring jurisdiction to the Law Division from the family part of criminal charges pending against juvenile defendant, where defense counsel offered no witnesses and confined himself to a summation which made no case for defendant’s rehabilitation, defendant was denied the effective assistance of counsel and the matter is remanded to the family part for a rehearing. [Approved for publication May 18, 1995.] [Available online in N.J. Full- Text Decisions.]

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