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Benedetto v. Dep't of Corrections

February 4, 2010

RONALD BENEDETTO, JR., APPELLANT,
v.
DEPARTMENT OF CORRECTIONS, RESPONDENT.



On appeal from a Final Agency Decision of the Department of Corrections.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted January 20, 2010

Before Judges Fuentes and Simonelli.

Appellant Ronald Benedetto, Jr. appeals from the determination of respondent Department of Corrections (DOC) permanently banning his father and sister from visiting him in prison pursuant to N.J.A.C. 10A:18-6.3(c). Subsequent to the filing of this appeal, the DOC amended N.J.A.C. 10A:18-6.3(c), effective July 6, 2009. Accordingly, we remand this matter to the DOC to address the amended regulation. The remand proceeding shall be conducted and concluded within sixty days of the date of this opinion. Within ten days of the conclusion of the remand, the parties shall file supplemental briefs. We retain jurisdiction.

20100204

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