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Vol. 4 No. 52 Decisions Released March 18, 1996 STATE COURT CASES AUTOMOBILES 05-2-8207 State v. David H. Parks, App. Div. (6 pp.) In random license plate check of computerized DMV records, where police officer found that car owner’s license was revoked, and decided that the person he saw operating the motor vehicle generally matched the description of the owner from the DMV records, he had the requisite articulable, particularized and reasonable suspicion that driver was person whose license had been revoked, and acted properly in stopping vehicle. [Approved for publication March 18, 1996. Available online in N.J. Full-Text Decisions.] CONSUMER PROTECTION — LABELING 09-2-8208 State v. CompUSA, App. Div. (9 pp.) The labeling requirements of N.J.S.A. 51:1-29 — which deals with primarily consumable, expendable and largely fungible commodities — was not intended to apply to durable hardware items customarily sold as single units, such as defendant’s computer accessories, and defendant’s conviction for violating the statute is reversed. [Approved for publication March 18, 1996. Available online in N.J. Full-Text Decisions.] FAMILY LAW 20-2-8209 Maria Rowan v. Harry S. Rowan, App. Div. (4 pp.) (1) Judge erroneously set father’s child support at $45 per week since father was incarcerated and could not comply with the order, and (2) although judge correctly denied father’s request for retroactive modification of child support, the prohibition against retroactivity does not apply to alimony, and that part of order is reversed and remanded. FAMILY LAW — DOMESTIC VIOLENCE 20-2-8210 K.W. v. J.T., App. Div. (13 pp.) Since there was no evidence that would permit the conclusion that defendant’s “rough” handling of his son — when the 6-year old child was reluctant to accompany the defendant for planned visitation — was done with a purpose to harass his former wife, issuance of a final restraining order was improper. INSURANCE — VERBAL THRESHOLD 23-2-8211 Lorraine Snelling, et al. v. Francisco R. Gonzalez, et al., App. Div. (13 pp.) Summary judgment was properly entered against plaintiff in two consolidated accident cases, since the required comparative analysis of the injuries suffered in the respective accidents was missing from the medical reports, and, further, plaintiff, by her own admission, stated that her condition was unchanged as of the date of her deposition from her condition before either of the accidents occurred. LABOR AND EMPLOYMENT — UNEMPLOYMENT COMPENSATION 25-2-8212 Marion Jefferson v. Bd. of Review, App. Div. (3 pp.) Where secretary left her job because some of her employer’s clients used foul language, because money had been stolen from her purse, and because her work station was too hot, she was properly found to have left her job voluntarily without good cause attributable to the work, and was properly denied unemployment compensation benefits. PUBLIC EMPLOYEES — SICK LEAVE INJURY BENEFITS 33-2-8213 Ada V. White v. Merit System Board, App. Div. (6 pp.) Where the state had admitted in prison nurse’s workers’ compensation case that her foot injury occurred in the course of her employment when an inmate hit her foot with a chair, and the ALJ did not have the benefit of the workers’ compensation record when he found that the nurse’s injury did not arise from her employment, matter must be remanded for reconsideration in light of the admissions in the compensation proceedings. TAXATION 35-2-8214 Under Woodbridge Co., L.P. v. City of Rahway, App. Div. (4 pp.) The trial judge did not err in prohibiting city’s expert witness from testifying on his method of a property’s valuation, since there was in insufficient foundation laid for the computer-generated proofs. 35-5-8215 Morris-Sussex Area Co. Boy Scouts v. Hopatcong Borough, Tax Ct. (19 pp.) An organization seeking a tax exemption for Class 3B or Class 15D, E or F property is not required to satisfy the tax payment provisions of N.J.S.A. 54:3-27 in order to pursue an appeal regarding the exemption to a county board of taxation or directly to the Tax Court. CRIMINAL LAW AND PROCEDURE 14-2-8216 State v. L.C., App. Div. (12 pp.) The judge committed prejudicial error in his instructions on (1) possession of a firearm for an unlawful purpose, since he did not define “unlawful purpose” for the jury and left it to formulate its own standard, (2) terroristic threats, since he did not instruct that the threats must constitute violent criminal behavior, and (3) contempt, since he erroneously identified an act of harassment as a disorderly persons offense which “could be a basis for finding defendant guilty of criminal contempt,” when harassment is a petty disorderly persons offense; defendant’s convictions on these charges are reversed. FEDERAL COURT CASES CIVIL RIGHTS — SECTION 1983 46-7-8217 John P. Ware Jr. v. AT&T Universal Card, et al., U.S. Dist. Ct. (6 pp.) In case where plaintiff alleges that defendants violated various of his civil rights, complaint is dismissed (1) as to telephone company, bank and law firm defendants since they did not act under color of state law, (2) as to municipality, since a local government may be sued under Section 1983 only for acts implementing an official policy, practice or custom, which plaintiff does not allege, and (3) against mayor, since the plaintiff fails to set forth sufficient information to outline the elements of his conspiracy claims. LABOR — HEALTH — LICENSED PRACTICAL NURSES 25-8-8218 Nat’l Labor Relations Bd. v. Michael Konig t/a Nursing Home Center at Vineland, Third Cir. (21 pp.) Because nursing home had the benefit of a recent Supreme Court decision holding that some licensed practical nurses could be classified as supervisors and, therefore, would not be subject to the NLRA, yet the nursing home failed to raise this contention in prior proceedings, the home is deemed to have waived the contention and enforcement is required of a cease and desist order against engaging in unfair labor practices against the nurses. LABOR AND EMPLOYMENT — SEXUAL HARASSMENT 25-7-8219 Rose Abrams v. Aero Ambulance Svc., et al., U.S. Dist. Ct. (10 pp.) In a case where plaintiff alleges that she was forced to quit her job as an ambulance driver due to sexual harassment, and then that her employer defamed her and prevented her from being able to get another job, (1) since a Title VII plaintiff must filed a timely EEOC charge before filing a federal court suit, and plaintiff does not mention or discuss whether she ever filed such a charge, she fails to state a claim under Title VII and her claim is dismissed, and (2) since the remaining defamation claims do not arise under federal law, they are dismissed for lack of jurisdiction. CRIMINAL LAW AND PROCEDURE 14-7-8220 U.S.A. v. Leonard Pelullo, et al., U.S. Dist. Ct. (35 pp.) (1) Since the immunity letter given to defendant Corona by the U.S. attorney’s office in Florida — in exchange for his cooperation there in a case against defendant Pelullo — was expressed in the broadest terms, and there was not even the slightest suggestion that this protection was limited to only Florida criminal proceedings, defendant Corona is entitled to full statutory immunity, and since the government has used immunized information to obtain the New Jersey indictment against Corona, the indictment must be dismissed. (2) Since there was no expectation of privacy when defendant Pelullo mixed allegedly privileged materials with his corporations’ records in a warehouse later searched by police, his claim that the government deliberately seized documents that it knew to be privileged fails.

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