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ESTATE OF DeMARTINO v. DIV. OF MEDICAL ASSISTANCE AND HEALTH SERVICES

861 A.2d 138 (2004)

373 N.J. Super. 210

ESTATE OF Michael DeMARTINO, Plaintiff-Appellant, v. DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided November 10, 2004.

Attorney(s) appearing for the Case

John W. Callinan, Berlin, argued the cause for appellant.

Stephanie M. Beaty, Deputy Attorney General, argued the cause for respondent Division of Medical Assistance and Health Services (Peter C. Harvey, Attorney General, Attorney; Michael J. Haas, Assistant Attorney General, of counsel and Betty M. Ng, Deputy Attorney General, on the brief).

Before Judges LINTNER, YANNOTTI and BILDER.

The opinion of the court was delivered by

YANNOTTI, J.A.D.

Plaintiff Estate of Michael DeMartino ("Estate") appeals from a judgment of the Chancery Division dismissing the Estate's complaint in which it sought the discharge of a lien filed by defendant Division of Medical Assistance and Health Services ("Division") for the recovery of Medicaid benefits paid for Michael's health care. We conclude that the Division...

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