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ZELTNER v. N.J. DEPT. OF CORRECTIONS

201 N.J. Super. 195 (1985)

LOUIS ZELTNER, JAMES MOSES, JOHN BUCK AND ANTHONY CONDONE, APPELLANTS, v. NEW JERSEY DEPARTMENT OF CORRECTIONS, AND WILLIAM H. FAUVER, COMMISSIONER, DEPARTMENT OF CORRECTIONS, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided May 14, 1985.

Attorney(s) appearing for the Case

Lance D. Cassak, Deputy Public Defender, argued the cause for appellants (Joseph H. Rodriguez, Public Defender, attorney; Lance D. Cassak and T. Gary Mitchell, Deputy Public Defender, of counsel).

William Harla, Deputy Attorney General, argued the cause for respondents (Irwin I. Kimmelman, Attorney General, attorney; Deborah T. Poritz, Deputy Attorney General, of counsel).

Before Judges MATTHEWS, FURMAN and HAVEY.

PER CURIAM.

At issue on this appeal is the applicability of the Administrative Procedure Act (APA), N.J.S.A. 52:14B-1 et seq., and of L. 1985, c. 94, effective March 26, 1985, in prison disciplinary proceedings. An amendment to N.J.S.A. 52:14F-8, L. 1985, c. 94 in pertinent part adds State penal and correctional institutions to the listing of agencies excepted, in minor disciplinary cases, from jurisdiction of administrative...

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