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WOMEN'S MEDICAL CENTER v. FINLEY

192 N.J. Super. 44 (1983)

469 A.2d 65

WOMEN'S MEDICAL CENTER AT HOWELL, NORTH JERSEY GYNECOLOGICAL CENTER, INC., CHERRY HILL WOMEN'S CENTER AND NORTH JERSEY GYNECOLOGICAL CENTER, P.A., APPELLANTS, v. JOANNE FINLEY, M.D., M.P.H., NEW JERSEY COMMISSIONER OF HEALTH, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 17, 1983.

Attorney(s) appearing for the Case

Burton L. Eichler argued the cause for appellant Women's Medical Center at Howell (Brach, Eichler, Rosenberg, Silver, Bernstein & Hammer, P.A., attorneys; H. Neil Broder and Burton L. Eichler, of counsel; Dean A. Kant and H. Neil Broder, on the brief).

Bruce H. Snyder argued the cause for appellants North Jersey Gynecological Center, Inc., North Jersey Physicians Management Corp., and Cherry Hill Women's Center (Lasser, Hochman, Marcus, Guryan and Kuskin, attorneys; Sheppard A. Guryan and Bruce H. Snyder, on the brief).

Steven J. Silver argued the cause for appellant North Jersey Gynecological Center, P.A. (Gruen and Ritvo, attorneys; Robert D. Gruen, of counsel).

Charlotte Kitler, Deputy Attorney General, argued the cause for the respondent (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; Deborah T. Poritz, Deputy Attorney General, of counsel).

Before Judges BOTTER, PRESSLER and O'BRIEN.

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

The New Jersey Health Care Facilities Planning Act, N.J.S.A. 26:2H-1 et seq., excludes from its definition of those health care facilities subject to its regulatory ambit "services provided by a physician in his private practice." N.J.S.A. 26:2H-2(b). "Private practice" is not, however, defined either by the Act or its implementing regulations...

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