IN RE APPLICATIONS OF OVERLOOK HOSP.


215 N.J. Super. 401 (1987)

521 A.2d 1350

IN RE THE APPLICATIONS OF OVERLOOK HOSPITAL AND MORRISTOWN MEMORIAL HOSPITAL FOR CERTIFICATE OF NEED.

Superior Court of New Jersey, Appellate Division.

Decided March 3, 1987.


Attorney(s) appearing for the Case

Zulima V. Farber argued the cause for appellant Newark Beth Israel Medical Center (Lowenstein, Sandler, Brochin, Kohl, Fisher & Boylan, attorneys; Zulima V. Farber and Fredda G. Katcoff, on the brief).

Kathleen O. Curley, Deputy Attorney General, argued the cause for respondent State Department of Health (W. Cary Edwards, Attorney General of New Jersey, attorney; James J. Ciancia, Assistant Attorney General, of counsel; Ellis I. Medoway, Deputy Attorney General, on the brief).

Arnold K. Mytelka argued the cause for respondent Overlook Hospital (Clapp & Eisenberg, attorneys; Arnold K. Mytelka and Agnes I. Rymer, on the brief).

J. William Barba argued the cause for respondent Morristown Memorial Hospital (Shanley & Fisher, attorneys; J. William Barba, William G. Becker, Jr., and Stephanie C. Rosen, on the brief).

Before Judges PRESSLER, GAULKIN and ASHBEY.


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

This appeal, which arises out of the State Department of Health's certificate of need program, raises issues respecting the hearing and discovery rights of rejected applicants for a certificate of need who seek to challenge the Commissioner of Health's recommended denial of their applications, his grant of a certificate to a competing applicant, and his determination...

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