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CRYAN v. KLEIN

148 N.J. Super. 27 (1977)

371 A.2d 812

JOHN F. CRYAN, SHERIFF OF ESSEX COUNTY; BOARD OF CHOSEN FREEHOLDERS OF ESSEX COUNTY, PLAINTIFFS-RESPONDENTS, v. ANN KLEIN, COMMISSIONER NEW JERSEY DEPARTMENT OF INSTITUTIONS AND AGENCIES; AL HOFFMAN, KEEPER OF NEW JERSEY STATE PRISON, TRENTON; RICHARD C. LEONE, TREASURER, STATE OF NEW JERSEY, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided March 8, 1977.

Attorney(s) appearing for the Case

Mr. William F. Hyland, Attorney General of New Jersey, attorney for the appellants (Mr. Stephen Skillman, Assistant Attorney General, of counsel; Mr. Mark A. Geannette, Deputy Attorney General, on the brief).

Mr. Francis Patrick McQuade, Essex County Counsel, attorney for the respondents (Mr. Oscar J. Miller, Assistant County Counsel, of counsel and on the brief).

Mr. Martin Verp, Passaic County Counsel, attorney for Edwin Englehardt and the Board of Chosen Freeholders of Passaic County, Amicus Curiae (Mr. John G. Thevos, Special Assistant County Counsel, of counsel and on the brief).

Before Judges FRITZ, ARD and PRESSLER.

The opinion of the court was delivered by ARD, J.A.D.

The Commissioner of Institutions and Agencies, the State Prison Keeper and the State Treasurer appeal a Law Division order which mandated that the State Prison Keeper make timely acceptance of Essex County prisoners duly sentenced to State Prison within the time frame specified by N.J.S.A. 2A:164-18 and N.J.S.A. 30:4-6. The order also severed from this action a claim for money damages which is not...

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