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   State Courts - New Jersey - December 3 - December 6, 2007

  
In re Brett, D-153 September Term 2006, SUPREME COURT OF NEW JERSEY, December 3, 2007, Filed
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Overview: Reciprocal suspension under R. 1:20-14 was imposed on attorney who was suspended in the Massachusetts for unethical conduct in Maine, because of, inter alia, his gross neglect, pursuit of a frivolous claim, and false statements in connection with disciplinary matter, in violation of N.J. Ct. R. Prof. Conduct 1.1(a), 3.1, and 8.1(a).

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Middletown Twp. PBA Local 124 v. Township of Middletown, A-98 September Term 2006, SUPREME COURT OF NEW JERSEY, December 3, 2007, Decided
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Overview: As a township did not pass an ordinance requiring retirees who had accrued 25 years of any combination of government service credit to have served all 25 years within its borders, under N.J. Stat. Ann. § 40A:10-23, it had to pay health benefits to retirees who had at served at least some of their 25 years of government service within its borders.

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State v. Harris, A-95 September Term 2006, SUPREME COURT OF NEW JERSEY, December 4, 2007, Decided
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Overview: High court never provided four votes to overturn inmate's sentence, even counting votes taken in his proportionality review, as alleged "fourth" vote was based on counting a retired justice's vote twice, by counting the vote cast by his successor in the proportionality review was counted. Thus, he was not entitled to relief under State v. DiFrisco.

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Cohen v. Board of Adjustment of Rumson, DOCKET NO. A-2293-06T2, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, December 6, 2007, Decided
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Overview: Where owner's house exceeded building coverage restrictions, board of adjustment erred in denying his request for variance, as it ignored his experts' testimony, and did not adequately consider whether, under N.J. Stat. Ann. § 40:55D-70(c)(1)(c), there was an "exceptional situation" uniquely affecting a structure lawfully existing on his property.

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In re Abraham, D-171 September Term 2006, SUPREME COURT OF NEW JERSEY, December 6, 2007, Filed
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Overview: An attorney was suspended from the practice of law for three months for violating N.J. Ct. R. Prof. Conduct 1.15(a), 1.7, 5.4(c), 8.4(c), R. 1:21-6, and N.J. Ct. R. Prof. Conduct 1.15(d), as a result failing to safeguard client funds, engaging in a conflict of interest, making a misrepresentation, and committing various recordkeeping violations.

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In re Baron, D-39 September Term 2007, SUPREME COURT OF NEW JERSEY, December 6, 2007, Decided, December 6, 2007, Filed
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In re Crimaldi, DOCKET NO. A-3310-06T3, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, December 6, 2007, Decided
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Overview: Board of Trustees of New Jersey Public Employees' Retirement System (PERS) denied petitioner's application for accidental disability retirement as untimely under N.J. Stat. Ann. § 43:15A-43. Board erred by not considering the totality of factors, including when delayed manifestation occurred, why the filing was delayed, and prejudice to the PERS.

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In re Devito, E-94 September Term 2007, SUPREME COURT OF NEW JERSEY, December 6, 2007, Decided, December 6, 2007, Filed
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In re Kaplan, D-168 September Term 2006, SUPREME COURT OF NEW JERSEY, December 6, 2007, Filed
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Overview: In a matter involving reciprocal discipline pursuant to R. 1:20-14(a)(4)(E), an attorney was disbarred from the practice of law in the State of New Jersey based on discipline imposed in the Commonwealth of Pennsylvania, which involved the attorney knowingly misappropriating client and escrow trust funds.

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In re Pierce, D-172 September Term 2006, SUPREME COURT OF NEW JERSEY, December 6, 2007, Filed
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