IN RE ELIZABETH EDUCATION ASSOCIATION


168 N.J. Super. 137 (1979)

401 A.2d 1122

IN THE MATTER OF THE ELIZABETH EDUCATION ASSOCIATION, HERBERT LEVITT, PRESIDENT, LOUIS ALT, JOAN WALSH, AND DENISE GEBRIAN, CHARGED WITH CONTEMPT OF COURT.

Superior Court of New Jersey, Appellate Division.

Decided May 9, 1979.


Attorney(s) appearing for the Case

Mr. Sheldon H. Pincus argued the cause for the appellants (Messrs. Goldberg & Simon, attorneys; Mr. Gerald M. Goldberg, of counsel).

Mr. Paul A. Massaro, Assistant Prosecutor, argued the cause for the respondent (Mr. John H. Stamler, Union County Prosecutor, attorney; Mr. Michael J. Zidonik, Assistant Prosecutor, on the brief).

Before Judges CONFORD, PRESSLER and KING.


PER CURIAM.

The single and narrow question raised by this appeal is whether a defendant who has paid a fine imposed upon him following a conviction is entitled to have interest paid to him by the State on the amount of the fine where the conviction is reversed on appeal and the fine consequently restituted to him. The trial judge concluded that there was here neither a legal nor equitable basis for the allowance of such interest and we agree.

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