COUNTY OF CAMDEN v. WALDMAN


292 N.J. Super. 268 (1996)

678 A.2d 1101

COUNTY OF CAMDEN, PLAINTIFF-APPELLANT, v. WILLIAM WALDMAN, COMMISSIONER, NEW JERSEY DEPARTMENT OF HUMAN SERVICES, DEFENDANT-RESPONDENT. COUNTY OF MONMOUTH, PLAINTIFF-APPELLANT, v. WILLIAM WALDMAN, COMMISSIONER, NEW JERSEY DEPARTMENT OF HUMAN SERVICES, DEFENDANT-RESPONDENT. COUNTY OF ATLANTIC, PLAINTIFF-APPELLANT, v. WILLIAM WALDMAN, COMMISSIONER, NEW JERSEY DEPARTMENT OF HUMAN SERVICES, DEFENDANT-RESPONDENT. COUNTY OF MORRIS, PLAINTIFF-APPELLANT, v. WILLIAM WALDMAN, COMMISSIONER, NEW JERSEY DEPARTMENT OF HUMAN SERVICES, DEFENDANT-RESPONDENT. COUNTY OF UNION, PLAINTIFF-APPELLANT, v. WILLIAM WALDMAN, COMMISSIONER, NEW JERSEY DEPARTMENT OF HUMAN SERVICES, DEFENDANT-RESPONDENT. COUNTY OF HUDSON, PLAINTIFF-APPELLANT, v. WILLIAM WALDMAN, COMMISSIONER, NEW JERSEY DEPARTMENT OF HUMAN SERVICES, DEFENDANT-RESPONDENT. COUNTY OF SOMERSET, PLAINTIFF-APPELLANT, v. WILLIAM WALDMAN, COMMISSIONER, NEW JERSEY DEPARTMENT OF HUMAN SERVICES, DEFENDANT-RESPONDENT. COUNTY OF OCEAN, PLAINTIFF-APPELLANT, v. WILLIAM WALDMAN, COMMISSIONER, NEW JERSEY DEPARTMENT OF HUMAN SERVICES, DEFENDANT-RESPONDENT. COUNTY OF MERCER, PLAINTIFF-APPELLANT, v. WILLIAM WALDMAN, COMMISSIONER, NEW JERSEY DEPARTMENT OF HUMAN SERVICES, DEFENDANT-RESPONDENT. COUNTY OF SUSSEX, PLAINTIFF-APPELLANT, v. WILLIAM WALDMAN, COMMISSIONER, NEW JERSEY DEPARTMENT OF HUMAN SERVICES, DEFENDANT-RESPONDENT. COUNTY OF MIDDLESEX, PLAINTIFF-APPELLANT, v. WILLIAM WALDMAN, COMMISSIONER, NEW JERSEY DEPARTMENT OF HUMAN SERVICES, DEFENDANT-RESPONDENT. COUNTY OF ESSEX, PLAINTIFF-APPELLANT, v. WILLIAM WALDMAN, COMMISSIONER, NEW JERSEY DEPARTMENT OF HUMAN SERVICES, DEFENDANT-RESPONDENT. COUNTY OF PASSAIC, PLAINTIFF-APPELLANT, v. WILLIAM WALDMAN, COMMISSIONER, NEW JERSEY DEPARTMENT OF HUMAN SERVICES, DEFENDANT-RESPONDENT. COUNTY OF WARREN, PLAINTIFF-APPELLANT, v. WILLIAM WALDMAN, COMMISSIONER, NEW JERSEY DEPARTMENT OF HUMAN SERVICES, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided July 15, 1996.


Attorney(s) appearing for the Case

Robert G. Millenky, Camden County Counsel, argued the cause for County of Camden (Mr. Millenky, on the joint brief filed by Camden, Monmouth and Atlantic Counties).

Gil D. Messina, Assistant County Counsel, argued the cause for County of Monmouth (Malcolm V. Carton, Monmouth County Counsel, attorney; Mr. Messina, on the joint brief filed by Camden, Monmouth and Atlantic Counties).

Carl A. Bergmann, Assistant County Counsel, argued the cause for County of Atlantic (Terry J. Dailey, Atlantic County Counsel, attorney; Mr. Bergmann, on the joint brief filed by Camden, Monmouth and Atlantic Counties).

W. Randall Bush, First Assistant County Counsel, argued the cause for County of Morris (Ronald Kevitz, Morris County Counsel, attorney; Mr. Bush, on the brief).

Kathleen M. Grant, Assistant Hudson County Counsel, argued the cause for Counties of Union and Hudson (Jacqueline R. Drakeford, Special Counsel, attorney for Union County, of counsel and on the joint brief filed by Union and Hudson Counties; Francis De Leonardis, Hudson County Counsel, attorney for Hudson County; Ms. Grant, on the joint brief).

Welaj, Miller & Robertson, attorneys for County of Somerset (Thomas C. Miller, on the brief).

Kevin B. Riordan argued the cause for County of Ocean (Berry, Kagan, Sahradnik & Kotzas, attorneys; Mr. Riordan, joins in the joint brief filed by Camden, Monmouth and Atlantic Counties).

Angelo J. Onofri, Deputy County Counsel, argued the cause for County of Mercer (Alfred B. Vuocolo, Jr., Acting Mercer County Counsel, attorney; Sydney S. Souter, Deputy County Counsel, on the brief).

McConnell & Norton, attorneys for County of Sussex (John E. Ursin, on the brief).

Edward Testino, Assistant County Counsel, argued the cause for County of Middlesex (Bruce J. Kaplan, Middlesex County Counsel, attorney; Mr. Testino, on the brief).

Thomas M. Bachman, Assistant County Counsel, argued the cause for County of Essex (Catherine E. Tamasik, Essex County Counsel, attorney; Mr. Bachman, of counsel and on the brief).

Raymond P. Vivino, Passaic County Counsel, attorney for County of Passaic (Eugene G. Liss, Assistant County Counsel, joins in the briefs filed by Essex and Camden Counties).

David A. Wallace, Warren County Counsel, attorney for County of Warren (Mr. Wallace and Brett M. Reina, on the brief).

Kevin D. Sheehan argued the cause for intervenor County of Cape May (Serber, Konschak & Jaquett, attorneys).

Jaynee LaVecchia, Assistant Attorney General, argued the cause for respondent (Deborah T. Poritz, Attorney General of New Jersey, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel; Daisy B. Barreto, Deputy Attorney General, on the brief).

Before Judges KING, KLEINER and HUMPHREYS.


The opinion of the court was delivered by KING, P.J.A.D.

This case involves claims by fourteen counties to a substantial portion of funds received by the State from the federal government as compensation for State and county payments to hospitals and institutions involved in the care of the medically indigent. Although the counties present attractive equitable arguments, the State Legislature has consistently appropriated the money to the General Fund in annual appropriations...

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