STATE v. CALCANO


937 A.2d 314 (2007)

397 N.J. Super. 302

STATE of New Jersey, Plaintiff-Respondent v. Kelvis CALCANO, Defendant, and Lexington National Insurance Company, Surety, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided December 20, 2007.


Attorney(s) appearing for the Case

Richard P. Blender, Paterson, argued the cause for appellant.

Mitzy Galis-Menendez, Secaucus, argued the cause for respondent (Chasan Leyner & Lamparello, P.C., attorneys; Ms. Galis-Menendez, of counsel and on the brief; Steven L. Menaker, on the brief).

Before Judges COBURN, FUENTES and CHAMBERS.


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

Appellant, Lexington National Insurance Company (the "Surety"), appeals from the order of February 2, 2007, denying its motion to vacate a bail forfeiture. The Surety contends that bail should have been revoked when defendant Kelvis Calcano failed to keep in contact with the Surety, a condition of his bail, and that bail also should have been revoked when Calcano pled guilty to the offense and faced a mandatory...

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