MATICKA v. CITY OF ATLANTIC CITY


216 N.J. Super. 434 (1987)

524 A.2d 416

JEANETTE MATICKA, ET AL., PLAINTIFFS-APPELLANTS, v. THE CITY OF ATLANTIC CITY, ET AL., DEFENDANTS-RESPONDENTS, AND STATE OF NEW JERSEY, DEPARTMENT OF HUMAN SERVICES, ET AL., DEFENDANTS AND THIRD-PARTY DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided February 3, 1987.


Attorney(s) appearing for the Case

David G. Sciarra, Assistant Deputy Public Advocate, argued the cause for appellants (Alfred A. Slocum, Public Advocate of New Jersey, attorney; David G. Sciarra and Susan Remis Silver, Assistant Deputy Public Advocate, on the brief).

Dorothy Donnelly, Deputy Attorney General, argued the cause for respondent State of New Jersey, (W. Cary Edwards, Attorney General of New Jersey, attorney; James J. Ciancia, Deputy Attorney General, of counsel; Dorothy Donnelly, on the brief).

Joseph E. Kane, Assistant County Counsel, argued the cause for respondent County of Atlantic (John R. Armstrong, Acting County Counsel, attorney; Joseph E. Kane, on the brief).

Matthew H. Powals, City Solicitor, argued the cause for respondent City of Atlantic City.

Melville D. Miller, Jr. argued the cause for amicus curiae Legal Services of New Jersey (Melville D. Miller, Jr., attorney; J. Harris David, on the brief).

Before Judges PRESSLER, BAIME and ASHBEY.


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

By this action, the Public Advocate challenges the validity of conditions placed both by regulation and administrative interpretation on the availability of emergency assistance to homeless families with dependent children, pursuant to N.J.A.C. 10:82-5.10(c).1 He contends that the 90-day time limitation imposed by the regulation and the fault standard employed by the administering...

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