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SCHULTZ v. KOTT

131 N.J. Super. 216 (1974)

329 A.2d 340

ALBA SCHULTZ, PETITIONER-APPELLANT, v. MAURICE G. KOTT, PH.D., IN HIS CAPACITY AS ACTING COMMISSIONER, NEW JERSEY DEPARTMENT OF INSTITUTIONS AND AGENCIES; G. THOMAS RITTI, IN HIS CAPACITY AS ACTING DIRECTOR, NEW JERSEY DIVISION OF PUBLIC WELFARE; FRANCES ROBBINS, IN HER CAPACITY AS HEARING OFFICER, NEW JERSEY DIVISION OF PUBLIC WELFARE, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 13, 1974.

Attorney(s) appearing for the Case

Mr. Murray J. Klein argued the cause for appellant (Camden Regional Legal Services, Inc., attorney; Mr. Klein of counsel and on the brief).

Mr. Paul N. Watter, Deputy Attorney General, argued the cause for respondents (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. Richard M. Conley, Deputy Attorney General, of counsel; and Ms. Joan W. Murphy and Mr. Watter, Deputy Attorneys General, on the brief).

Before Judges MICHELS, MORGAN and KENTZ.

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

Plaintiff appeals from a decision of the New Jersey Department of Institutions and Agencies, Division of Public Welfare (hereinafter Division), denying her aid under New Jersey's program of public assistance to needy persons who are permanently and totally disabled, N.J.S.A. 44:7-38 et seq., because of the Division's so-called "homemaker" regulations...

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