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STATE v. MOSCATO

253 N.J. Super. 253 (1992)

601 A.2d 743

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. FRANK MOSCATO, CITY CONSTRUCTION DEVELOPMENT CORPORATION, JOHN CHIAMBRONE, SPRINGBROOK ACRES, INC., AND SLASH CONSTRUCTION COMPANY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided January 21, 1992.

Attorney(s) appearing for the Case

Victoria Curtis Bramson, Deputy Attorney General, argued the cause for appellant (Robert J. Del Tufo, Attorney General, attorney; Victoria Curtis Bramson, on the brief).

Michael Critchley argued the cause for respondents (Michael Critchley, on the brief).

Before Judges PRESSLER, SKILLMAN and D'ANNUNZIO.

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

The State appeals from an order dismissing State Grand Jury Indictment No. 267-90-2. It charged that between December 26, 1989 and February 10, 1990, defendants "did commence or continue operation of a sanitary landfill facility ... without having a tariff therefor filed with and approved by the Board of Public Utilities ... contrary to the provisions of N.J.S.A. 48:13A-6.1...."

For the purposes...

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