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STATE v. JONES

181 N.J. Super. 549 (1981)

438 A.2d 581

STATE OF NEW JERSEY, PLAINTIFF, v. ELLISON JONES & ONE 1981 CADILLAC FLEETWOOD BROUGHAM FOUR DOOR BLACK AUTOMOBILE N.J. REGISTRATION 845PDN, SERIAL NO. 1G6AB6994B9145207, DEFENDANTS.

Superior Court of New Jersey, Law Division Hudson County.

Decided October 2, 1981.

Attorney(s) appearing for the Case

James E. Flynn, First Assistant Prosecutor, for plaintiff (Harold J. Ruvoldt, Jr., Hudson County Prosecutor, attorney).

Nicholas E. Caprio for defendants (Harkavy, Goldman, Goldman, Caprio & Levy, P.A., attorneys).

O'BRIEN, A.J.S.C.

This is a forfeiture action instituted pursuant to N.J.S.A. 2C:64-3. Defendants have filed a motion to dismiss the complaint or, in the alternative, granting summary judgment and ordering the return of the subject vehicle.

Plaintiff has moved for an order permitting use of the vehicle pending disposition of the forfeiture action pursuant to N.J.S.A. 2C:64-3(h).

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