The First Two Supreme Court Grants of Review of the New Term

The Supreme Court announced that it has granted certification in two cases.  These are the first grants (Nos. A-1 and A-2) of the current Term.

The first appeal is Garden State Check Cashing Service, Inc. v. New Jersey Dep’t of Banking & Insurance.  The question presented there, as phrased by the Supreme Court Clerk’s Office, is “Under the circumstances presented, was New Loan Co., Wm. S. Rich & Son, Inc. exempt from the statute prohibiting a check cashing business from locating within 2,500 feet of another, N.J.S.A. 17:15A-41(e), by operation of the statute’s “Grandfather Clause,” N.J.S.A. 17:15A-50(a)?”  The appeal arises from an unpublished, per curiam ruling by a two-judge Appellate Division panel involving the grant of licenses to New Loan Co. Wm. S. Rich & Son, Inc. at three locations: Irvington, Newark, and Union.  The panel affirmed the licenses as to the Newark and Union locations, but reversed as to Irvington.

The second matter is a criminal appeal, State v. Hyman, where the question presented is “Did the officer’s affidavit establish probable cause to issue a search warrant for defendant’s home, where the affidavit did not include a reference to criminal activity conducted at or near defendant’s residence?”  The Law Division denied defendant’s motion to suppress evidence, but a two-judge panel of the Appellate Division reversed in an unpublished opinion.  Now the Supreme Court will decide the issue.