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SHAPIRO v. FAUVER

193 N.J. Super. 237 (1984)

473 A.2d 112

PETER SHAPIRO, ESSEX COUNTY EXECUTIVE, APPELLANT, v. WILLIAM H. FAUVER, COMMISSIONER, NEW JERSEY DEPARTMENT OF CORRECTIONS, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 12, 1984.

Attorney(s) appearing for the Case

Bonnie Blume Goldsamt, Assistant County Counsel, argued the cause for appellant, (David H. Ben-Asher, County Counsel; Bonnie Blume Goldsamt on the brief).

Susan R. Oxford, Deputy Attorney General, argued the cause for respondent (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; Deborah T. Poritz, Deputy Attorney General, of counsel and Susan R. Oxford on the brief).

Before Judges ANTELL, JOELSON and McELROY.

The Opinion of the Court was delivered by ANTELL, P.J.A.D.

On June 19, 1981 Executive Order No. 106 was signed by Governor Brendan T. Byrne. Authorized by N.J.S.A. App. A:9-34 of the Civil Defense and Disaster Control Act, it directed that the Commissioner of the Department of Corrections ("Commissioner") designate the place of confinement of all inmates confined in all state and county penal or correctional...

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