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: New York Supreme Court Criminal Term LibraryNew Jersey Law Journal: State and Federal Decisions August 28, 2009
By David Badertscher, PLL
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STATE DECISIONS:
The Ridgewood Commons Group v. Dir., Div. of Taxation
TAXATION - Realty Transfer Fee
"Where two properties, one subject to the mansion tax and one not, are transferred in one deed with a single-stated consideration, the tax may be imposed only on the property subject to the tax."
Township of Wyckoff v. PBA Local 261
CIVIL PRACTICE - Arbitration and Mediation - Standard of Review
T"he standard of review of an arbitrator's interpretation of the issue submitted to him is a deferential one."
State in the Interest of Z.W.
FAMILY LAW - Child Abuse - In Camera Reviews
"N.J.S.A. 9:6-8.10a does not authorize the release of confidential DYFS reports to third parties not identified as authorized recipients of such reports in N.J.S.A. 9:6-8.10a(b) without an in camera review."
State v. Veney
CRIMINAL PRACTICE - Ineffective Assistance of Counsel
"Under the mandatory joinder rule, defendant was denied effective assistance of counsel because his attorney failed to seek dismissal of the charge of unlawful possession of a weapon where the state tried defendant to conclusion on another charge arising from the same core set of facts."
Homes of Hope Inc. v. Eastampton Township Land Use Planning Board
LAND USE AND PLANNING - Affordable Housing
"Affordable housing continues to constitute an inherently beneficial use for purposes of obtaining a use variance pursuant to the Municipal Land Use Law after the municipality has met its fair-share obligation under the Fair Housing Act."
FEDERAL DECISIONS:
In re Congoleum Corporation
BANKRUPTCY - Asbestos - Plan Confirmation
"Because dismissal is not in the best interest of Congoleum's creditors, the Bankruptcy Court abused its discretion by dismissing the case."
Diaz v. Commissioner of Social Security
ADMINISTRATIVE LAW - Disability Benefits
"Where it cannot be ascertained if the ALJ truly considered competing evidence and whether claimant's conditions, including her obesity, individually and collectively impacted her workplace performance, the denial of benefits is vacated and the matter is remanded."
New Jersey Law Journal®
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Full post as published by New York Supreme Court Criminal Term Library on August 28, 2009 (boomark / email).
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