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Vol. 4, No. 233 — December 9, 1996 STATE COURT CASES FAIR HOUSING 41-3-0719 The City of Elizabeth v. State, Dept. of Human Services and SERV, et al., Law Div. (82 pp.) Municipality discriminated against group home for adolescent former mental patients with violent pasts, in violation of federal and state fair housing laws, and the argument that N.J.S.A. 40:55D-66.1-2 — which was enacted to stop towns from using zoning laws to keep group homes out of single-family neighborhoods — is invalid because it fails to distinguish between homes with no potential impact on a district’s use, such as battered wives homes, and homes for adolescents who have violent pasts, is without merit. FAMILY LAW 20-2-0720 Melrose v. Leung, App. Div. (3 pp.) Judge did not err in awarding increase in child support, since a number of things had changed substantially since the original award was made, including the cessation of defendant’s obligation to pay alimony, the fact that the child was then three and is now 16 with concomitant increases in her support, and the consumer price index has increased 50 points, all considerations contemplated by Lepis. JURISDICTION — INTANGIBLE ASSETS 24-2-0721 Dickstein v. Merrill, Lynch, Pierce, Fenner & Smith, Inc., et al., App. Div. (16 pp.) New York effectively levied upon N.J. plaintiff’s funds to satisfy N.Y. tax lien because the funds were held by defendant in N.Y. and were subject to that state’s jurisdiction, and defendant is entitled to the protection accorded a garnishee who pays a judgment creditor in satisfaction of an execution or court order from assets in which the judgment debtor has an interest. The motion judge erred in asserting that if N.Y. tried to enforce its judgment in N.J. the full amount of the assessment would not have been honored because of N.Y.’s delay and apparent miscommunication with plaintiffs, since once a tax penalty is reduced to judgment, it is treated like any other money judgment. [Approved for publication Dec. 9, 1996.] PARENT/CHILD 28-2-0722 I/M/O the Guardianship of D.K.M., et al., App. Div. (3 pp.) Where birth mother was cocaine dependent, her home was in deplorable condition and she had not provided for the children, and where birth father was incarcerated and displayed hostility and anti-social behavior, there was little hope that the parties could acquire parenting skills necessary to care for the children, the judge properly terminated parental rights. REAL ESTATE — TAX FORECLOSURES 34-2-0723 Joseph Beninato, Inc., etc. v. Render, et al., App. Div. (5 pp.) Judge properly found that Sayreville Properties, Inc. did not qualify as one entitled to redeem under any of the categories intended in the tax foreclosure statutes, and since its attempted redemption was therefore ineffective, its motion to vacate final judgment of foreclosure was properly denied. CRIMINAL LAW AND PROCEDURE 14-2-0724 State v. Porter, App. Div. (19 pp.) Plain error existed in the trial court’s charge on attempted escape and defendant’s conviction for that offense is reversed. The conviction for aggravated sexual assault should have been merged into the conviction for felony murder, and the convictions for theft should have been merged into the conviction for robbery. FEDERAL COURT CASE PENSIONS 56-7-0725 News Paper & Mail Deliverers’ – Publishers’ Pension Fund v. Passaic Cy. News Co., U.S. Dist. Ct. (11 pp.) Because the original letter given by plaintiff to defendant was defective under the guidelines of the Multi-Employer Pension Plan Amendments Act of 1980, 29 U.S.C. 1381, et seq., the defendant was not legally obligated to respond or initiate arbitration, and summary judgment is granted in favor of defendant. [Filed Dec. 2, 1996.] A Daily Reporter of New Jersey Court Decisions THIS WEEK IN THE … The state Supreme Court is circulating proposed changes to the child support guidelines that would place more discretion in the hands of judges when determining support levels. See page 1 of the Dec. 9 Law Journal.

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