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A.A. v. STATE

895 A.2d 453 (2006)

384 N.J. Super. 481

A.A., A.B., A.C., A.D. (by M.M., his natural parent), A.E., A.F., and A.G. (all fictitious initials), individually and on behalf of others similarly situated, Plaintiffs-Appellants, v. STATE of New Jersey, Richard J. Codey, in his official capacity as Acting Governor, State of New Jersey, Peter C. Harvey, in his official capacity as Attorney General, State of New Jersey, and Joseph R. Fuentes, in his official capacity as Superintendent of the New Jersey State Police, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided April 6, 2006.

Attorney(s) appearing for the Case

Brian J. Neff, New York, NY, (Schiff Hardin) of the New York bar, admitted pro hac vice, argued the cause for appellants (Yvonne Smith Segars, Public Defender, and Gibbons Del Deo, Dolan, Griffinger & Vecchione, cooperating counsel for the ACLU of New Jersey Foundation, attorneys; Mr. Neff, Michael Z. Buncher, Deputy Public Defender, Lawrence Lustberg and Edward L. Barocas, on the brief).

Mary Beth Wood, Deputy Attorney General, argued the cause for respondents (Peter C. Harvey, Attorney General, attorney; Patrick DeAlmeida, Assistant Attorney General, of counsel; B. Stephan Finkel, Assistant Attorney General, and Ms. Wood, on the brief).

Before Judges STERN, FALL and C.S. FISHER.

The opinion of the court was delivered by

STERN, P.J.A.D.

This appeal requires us to consider the constitutionality, under the Supreme law of the land embodied in the Federal Constitution, of a provision of the New Jersey Constitution.

Plaintiffs appeal from a judgment, entered on December 20, 2004, dismissing their complaint challenging Article IV, section VII, paragraph 12 of the New Jersey Constitution...

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