01-2-3798 In the Matter of William R. Hendrickson, Jr., N.J. Super. App. Div. (Alvarez, P.J.A.D.) (17 pp.) If an agency fails to timely act on an administrative law judge's initial decision, by statute it is “deemed adopted,” and becomes final. See N.J.S.A. 52:14B-10(c). The court holds that when the lack of a quorum attributable to vacancies caused the agency inaction, the deferential agency standard of review will not be employed. Instead, the court will review the decision using the standard for decisions rendered in bench trials. (Approved for Publication)

07-4-3785 B.G. v. L.H., N.J. Super. Ch. Div. (Passamano, J.S.C.) (40 pp.) This opinion addresses, in part, the issue of the trial court's analysis of factor 5 of N.J.S.A. 2A:34-71(b) (the parties' consent to jurisdiction) in light of the Appellate Division opinions in Griffith v. Tressel, 394 N.J. Super. 128, 139 (App. Div. 2007) and S.B. v. G.M.B., 434 N.J. Super. 463, 472 (App. Div. 2014). The analysis involves consent to jurisdiction in New Jersey where a parent with a special needs child has relocated to Massachusetts. (Approved for Publication)

35-2-3741 Fisher v. City Of Millville, N.J. Super. App. Div.( Lihotz, P.J.A.D.) (13 pp.) The court reviewed the statutory requirements for a personal residence real estate tax exemption, granted to certain disabled veterans, honorably discharged, who served in “active service in time of war.” Construing the Legislative intent the court concluded the military conflict applicable to plaintiff's period of service, Operation “Enduring Freedom,” occurring on or after September 11, 2001, requires the disabling injury occur during service “in a theater of operation and in direct support of that operation.” This geographic component was not satisfied by plaintiff who was injured during stateside basic training and never sent with her unit to Afghanistan. Accordingly, plaintiff's disabling injuries were not suffered in a theater of operation or in direct support of a theater of operation, and thus, were not the result of “active service in time of war,” as defined in N.J.S.A. 54:4-8.10(a). (Approved for Publication)