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Vol. 4 No. 29 Decisions Released Feb. 13, 1996 STATE COURT CASES ENVIRONMENT 17-2-7866 Mt. Holly Sewerage Authority v. N.J. Dept. of Environmental Protection, et al., App. Div. (7 pp.) The DEP, specifically authorized by statute as the primary authority to coordinate and supervise all area-wide water quality planning, had the power to issue a treated groundwater discharge permit to gas station, over objection by plaintiff — an entity created to treat area wastewater — and such permit did not conflict with the area’s water quality management plan. INSURANCE — VERBAL THRESHOLD 23-2-7867 Wayne Avellino v. Ivan R. Holzman, App. Div. (3 pp.) The record amply supports the judge’s conclusion that the injury sustained by police officer did not have a substantial impact on his life, but, at best, caused him some minor discomfort from time to time. LANDLORD/TENANT — NEGLIGENCE 27-2-7868 Nathan Marks, et al. v. Hartz Mountain Metropolitan, etc., et al. v. Kurt Salmon Associates, et al., App. Div. (12 pp.) Summary judgment was properly granted to landlord sued by tenant’s employee for injuries sustained in a slip and fall, since the lease provided that the landlord had only the responsibility to maintain the structural sufficiency and integrity of the floor and imposed the liability for maintaining the safety and cleanliness of the floor to the tenant/employer, the latter of whom had exclusive control of the area and should have known of any defective condition that existed. PUBLIC ASSISTANCE 45-2-7869 B.N., et al. v. Dept. of Human Services, App. Div. (5 pp.) A 12-month limitation on temporary rental assistance, without a fall-back provision, violates the Legislature’s mandate in the General Assistance Law that every N.J. citizen have adequate shelter, and since single mothers here have made every effort to comply with their human services plans and can show continuing need for housing assistance, they should not be denied continued benefits simply because the 12-month period has expired. [Approved for publication Feb. 13, 1996. Avialable online in NJ Full-Text Decisions.] PUBLIC EMPLOYEES — ACCIDENTAL DISABILITY PENSIONS 33-2-7870 George T. Flores v. Bd. of Trustees of the Public Employees Retirement System, App. Div. (7 pp.) Where, while supervising a road crew, the municipal supervisor of public works suffered a disabling injury, the accident constituted a “traumatic event” entitling him to an accidental disability pension, since the force or power that caused the accident — a roadway collapse — was completely external to the supervisor. [Approved for publication Feb. 13, 1996. Avialable online in NJ Full-Text Decisions.] PUBLIC EMPLOYEES — EXAMINATIONS — FIRE CAPTAINS 33-2-7871 In the Matter of Charles Walker, App. Div. (7 pp.) Petitioner’s score on the oral portion of his fire captain’s promotional exam was properly affirmed by both the Dept. of Personnel and the Merit System Board, and any score disparity on different dimensions of the test were not indicative of arbitrariness, because each exercise measured behaviors in different ways.

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