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McCABE v. DIRECTOR N.J. LOTTERY COMMISSION

143 N.J. Super. 443 (1976)

363 A.2d 387

PATRICK McCABE AND MILDRED MC CABE, HIS WIFE, PLAINTIFFS, v. DIRECTOR OF NEW JERSEY LOTTERY COMMISSION, DEFENDANT.

Superior Court of New Jersey, Chancery Division.

Decided August 4, 1976.

Attorney(s) appearing for the Case

Mr. Patrick F.X. Fitzpatrick, attorney for plaintiffs.

Mr. William F. Hyland, Attorney General of New Jersey, attorney for defendant (Mr. Barry D. Szaferman, Deputy Attorney General appearing.)

KIMMELMAN, J.S.C.

Application has been made to the court for the entry of an "appropriate judicial order" permitting Patrick McCabe, the winner of $100,000 in the New Jersey lottery, to assign his winnings to a finance company and for an order directing the Lottery Commission to recognize and honor the assignment. The State Lottery Law, N.J.S.A. 5:9-1 et seq., prohibits assignments of prizes except to the estate of a deceased prize winner and except...

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