decided: August 11, 1992.
VINCENT JAMES LANDANO
v.
JOHN J. RAFFERTY, SUPERINTENDENT, RAHWAY STATE PRISON; IRWIN I. KIMMELMAN, ATTORNEY GENERAL OF THE STATE OF NEW JERSEY, STATE OF NEW JERSEY, JOHN J. RAFFERTY, SUPERINTENDENT, EAST NEW JERSEY STATE PRISON, ROBERT DEL TUFO, ATTORNEY GENERAL OF STATE OF NEW JERSEY, APPELLANTS; VINCENT JAMES LANDANO V. JOHN J. RAFFERTY, SUPERINTENDENT, EAST JERSEY STATE PRISON; PETER PERRETTI, ATTORNEY GENERAL, STATE OF NEW JERSEY; LESLIE FAY SCHWARTZ, DEPUTY ATTORNEY GENERAL; THE OFFICE OF THE HUDSON COUNTY PROSECUTOR; KEARNY POLICE DEPARTMENT; NEWARK POLICE DEPARTMENT; JERSEY CITY POLICE DEPARTMENT; AND PERTH AMBOY POLICE DEPARTMENT, STATE OF NEW JERSEY, JOHN J. RAFFERTY, SUPERINTENDENT, EAST NEW JERSEY STATE PRISON, ROBERT DEL TUFO, ATTORNEY GENERAL OF STATE OF NEW JERSEY, APPELLANTS; JOHN J. RAFFERTY, SUPERINTENDENT, EAST NEW JERSEY STATE PRISON, AND ROBERT DEL TUFO, ATTORNEY GENERAL OF THE STATE OF NEW JERSEY, APPELLANTS V. VINCENT JAMES LANDANO
{Judge}{Q}Judges{/Q}{/Judge}
In Banc. Present: Sloviter, Chief Judge, Becker, Stapleton, Mansmann, Greenberg, Hutchinson, Scirica, Cowen, Nygaard and Roth, Circuit Judges
SUR PETITION FOR REHEARING
The petition for rehearing filed by Vincent James Landano in the above-entitled case having been submitted to the Judges who participated in the decision of this court and to all the other available circuit Judges of the circuit in regular active service, and no Judge who concurred in the decision having asked for rehearing, and a majority of the circuit Judges of the circuit in regular active service not having voted for rehearing by the court in banc, the petition for rehearing is denied. Judge Scirica and Judge Nygaard would grant rehearing in banc.