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STATE v. ONE 1979 PONTIAC SUNBIRD

191 N.J. Super. 578 (1983)

468 A.2d 715

THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ONE 1979 PONTIAC SUNBIRD, BERNARD J. MASSARI, AND DAVID MASSARI, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided November 14, 1983.

Attorney(s) appearing for the Case

Dorothy L. Wright argued the cause for appellants (Jeffrey Fogel of counsel; Dorothy L. Wright on the brief).

Kathleen Holly argued the cause for respondent (Nicholas L. Bissel, Jr., Prosecutor of Somerset County, attorney; H. Edward Gabler on the brief).

Before Judges ANTELL, JOELSON and McELROY.

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

In this forfeiture proceeding under N.J.S.A. 2C:64-3 defendant Bernard J. Massari (hereinafter "defendant") appeals from an order for summary judgment which extinguished his interest in, and ordered the forfeiture of, his automobile. The basis for the order under review is the allegation that the car was used by the owner's son, David Massari, to commit three robberies on

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