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IN RE BOFI FEDERAL BANK

Docket No. A-1694-12T3, A-1695-12T3, A-2494-12T3, A-2689-12T3

101 A.3d 619 (2014)

437 N.J. Super. 549

In re Petition of BOFI FEDERAL BANK TO ASSIGN LOTTERY PRIZE PAYMENT RIGHTS OF MICHELLE A. GLOVER PURSUANT TO N.J.S.A. 5:9-13. In re Petition of BofI Federal Bank to Assign Lottery Prize Payment Rights of Rachael Elmore Pursuant to N.J.S.A. 5:9-13. In re Petition of BofI Federal Bank to Assign Lottery Prize Payment Rights of Richard Haas Pursuant to N.J.S.A. 5:9-13. In re Petition of BofI Federal Bank to Assign Lottery Prize Payment Rights of Deanne McMillion Pursuant to N.J.S.A. 5:9-13.

Superior Court of New Jersey, Appellate Division.

Decided October 3, 2014.

Attorney(s) appearing for the Case

Douglas K. Eisenstein of the New York bar, admitted pro hac vice, argued the cause for appellant BofI Federal Bank (Bressler, Amery & Ross, P.C., attorneys; Heather A. Novison , Basking Ridge, on the briefs).

Jonathan B. Peitz , Deputy Attorney General, argued the cause for respondent State of New Jersey, Division of State Lottery ( John J. Hoffman , Acting Attorney General, attorney; Lewis A. Scheindlin , Assistant Attorney General, of counsel; Mr. Peitz, on the brief).

Before Judges REISNER, KOBLITZ and HIGBEE.

The opinion of the court was delivered by

HIGBEE, J.S.C. (temporarily assigned).

BofI Federal Bank (BofI) filed petitions seeking approval of the assignment of certain New Jersey State Lottery payments from four separate prize winners. The four petitions were heard and denied by three different judges pursuant to N.J.A.C. 17:20-7.9(j), which states that "no one shall have the right to assign prize payments...

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