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Mar 19

Incarceration is Not a Per Se Bar to Unemployment Benefits

Posted by Bruce D. Greenberg on Mar 19, 2021 in Administrative agency actions, Judges, Standards of review, Statutory interpretation, Supreme Court of New Jersey | 0 comments
Haley v. Board of Review, ___ N.J. ___ (2021). Here are the basic facts of this appeal as Justice Solomon summarized them in his opinion for the Court in this case: “Authorities arrested Clarence Haley for serious offenses and ordered that he be detained pretrial. One week later, Haley’s mother contacted his employer, Garden State Laboratories (Garden State), requesting on Haley’s behalf that his job be preserved. Eight weeks after that, a grand jury declined to indict Haley and the prosecutor dismissed all charges against him. In the interim, Garden State terminated Haley’s...
Feb 26

Unemployment is Not “Substituted Employment,” and Unemployment Benefits Are Not “Pay or Salary”

Posted by Bruce D. Greenberg on Feb 26, 2021 in Administrative agency actions, Appellate Division, Judges, Standards of review, Statutory interpretation | 0 comments
Ciripompa v. Bd. of Educ. of Borough of Bound Brook, ___ N.J. Super. ___ (App. Div. 2021). Judge Gummer well summarized her opinion for the Appellate Division today in its first paragraph: ” Plaintiff appeals the Commissioner of Education’s final administrative decision denying his claim for back pay for an unpaid suspension period that occurred before the resolution of tenure charges filed against him by the Board of Education of the Borough of Bound Brook, Somerset County. The Commissioner determined the Board could use unemployment benefits and payments from other employment...
Jan 25

The Supreme Court Will Review G.C. v. Division of Medical Assistance and Health Services

Posted by Bruce D. Greenberg on Jan 25, 2021 in Administrative agency actions, Statutory interpretation, Supreme Court of New Jersey | 0 comments
The Supreme Court announced today that it has granted certification in G.C. v. Division of Medical Assistance and Health Services. The question presented, as phrased by the Supreme Court Clerk’s office, is “Does N.J.A.C. 10:72-4.4(d)(1), which renders an applicant ineligible for medical assistance benefits under the NJ Medicaid Aged, Blind, Disabled Program if the applicant’s countable income ‘exceeds the poverty income guideline for one person,’ conflict with the New Jersey Medical Assistance and Health Services Act, N.J.S.A. 30:4D-3(i)(11), or the federal Medicaid...
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About the Author

Bruce D. Greenberg, a partner of Lite DePalma Greenberg & Afanador, LLC, has more than 35 years of appellate experience.  He has argued dozens of cases in New Jersey’s Appellate Division, and he has handled oral arguments in the Supreme Court of New Jersey and the Third Circuit Court of Appeals as well.  Mr. Greenberg’s appellate cases have ranged from . . more

 

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