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SMITH v. GOLDMAN

159 N.J. Super. 297 (1978)

387 A.2d 1239

ANDREW M. SMITH, JR., INDIVIDUALLY AND AS SURROGATE OF THE COUNTY OF MONMOUTH, APPELLANT, v. CLIFFORD GOLDMAN, STATE TREASURER; EDWARD HOFGESANG, COMPTROLLER; SIDNEY GLASER, DIRECTOR OF THE DIVISION OF TAXATION; BRENDAN T. BYRNE, GOVERNOR OF THE STATE OF NEW JERSEY; THE LEGISLATURE OF NEW JERSEY, AND THE STATE OF NEW JERSEY, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided May 11, 1978.

Attorney(s) appearing for the Case

Mr. Andrew M. Smith, Jr., argued pro se.

Mr. Peter D. Pizzuto, Deputy Attorney General, argued the cause on behalf of respondents (Mr. John J. Degnan, Attorney General, attorney; Mr. William F. Hyland, former Attorney General and Mr. Stephen Skillman, Assistant Attorney General, of counsel)

Before Judges MATTHEWS, CRANE and ANTELL.

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

This is an appeal from the denial of claims for payment from the State Treasury of a portion of the transfer inheritance taxes collected for the fiscal years ending June 30, 1976 and June 30, 1977 claimed to be due to the Treasurer of Monmouth County. Appellant Surrogate of Monmouth County bases his claim upon N.J.S.A. 54:33-10 which states:

After the close of each fiscal year the state comptroller...

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