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STATE v. FIORILLA

226 N.J. Super. 81 (1988)

543 A.2d 958

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOHN FIORILLA, MARY FIORILLA, BEL AIR MANOR NURSING HOME, INC., A NEW JERSEY CORPORATION AND OAKLAND NURSING HOME, INC., A NEW JERSEY CORPORATION T/A BEL AIR MANOR HEALTH CARE FACILITY T/A BEL AIR NURSING AND CONVALESCENT CENTER OF OAKLAND, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Supplementing Order entered June 14, 1988.

Decided June 21, 1988.

Attorney(s) appearing for the Case

Adolph J. Galluccio appeared on the motion for appellant John Fiorilla (Browne & Galluccio, attorneys; Adolph J. Galluccio, on the brief).

Raymond A. Reddin appeared on the motion for appellant, Mary Fiorilla.

Joseph A. Afflitto appeared on the motion for appellants Bel Air Manor Nursing Home, Inc. and Oakland Nursing Home, Inc. (Diamond, Afflitto & Raimondi, attorneys; Joseph A. Afflitto, on the brief).

John Matthews, Deputy Attorney General, appeared on the motion for respondent State of New Jersey (W. Cary Edwards, Attorney General, attorney; Stewart D. Warren, of counsel and on the brief).

Before Judges DEIGHAN, R.S. COHEN and LANDAU.

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

This opinion supplements our orders of June 10 and June 14, 1988 which granted defendants' motion for leave to appeal and summarily reversed the trial judge's denial of their R. 1:8-1(a) request to waive jury trial.

The defendants involved in the present trial include two corporate nursing home operators and two of their principals. Other defendants have been severed or entered a retraxit<...

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